Condition of Sale

1. General
1.1 These conditions of sale apply to our supply to you of any of the products listed on this website www.timeisyours.ch. Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions as set out below.
1.2 You should print a copy of these conditions of sale for future reference.
1.3 Please click on the button marked “I Accept” at the end of the order process if you accept them. Please understand that if you refuse to accept these conditions of sale, you will not be able to order any products from this website.
1.4 This website is operated by Zahnd & Kormann, Wabersackerstrasse 97, 3097 Liebefeld (Bern), Switzerland, Phone: +41 (0)76 374 99 50 (“we”, “us”, “our”).
2. Your status
2.1 By placing an order through our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years of age.
2.2 If you are contracting as a consumer, please note that nothing in the contract between you and us or these conditions of sale affect your statutory rights as a consumer.
3. Purchase of goods, order process
3.1 Your order for a product shall be regarded as an offer to purchase products under these conditions of sale.
3.2 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. We will further provide you with all details to proceed with the pre-payment of the order placed.
3.3 Product descriptions are correct at the date of publication but are subject to availability or change without notice.
3.4 Orders are subject to acceptance by Zahnd & Kormann and availability of the ordered products. Zahnd & Kormann cannot be responsible for errors in typography or photography.
3.5 As our watches are produced by demand, we do not have the watches on stock. Delivery dates will be announced by order confirmation and/or on our homepage www.timeisyours.ch/en
3.6 We will confirm acceptance to you by sending you an order confirmation by email after receiving your pre-payment and this will constitute a binding contract between you and us.
3.7 The contract will relate only to those products whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate order confirmation.
4. Price and payment
4.1 The price of any product will be as displayed on this website, except in cases of obvious error. When you buy a product from this website you will have to pay the price displayed. The price displayed is without VAT and without any other costs related to customs service, import and tax regulations of your country, these costs have to be paid by the customer. Payment terms are 100% pre-payment by placing the order.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.3 Despite our best efforts, it is always possible that some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of a product is less than our stated price, we will charge the lower amount when dispatching the product to you. If the correct price of a product is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
4.4 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.5 Payment can be made by bank transfer, credit card and others as detailed in the ordering process.
4.6 All card holders are subject to validation checks and authorisation by the card issuer. We may share the credit card holder’s personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
4.7 Payment must be made by placing the order and in any case before supply of the products. We will deduct full payment from your credit card or provide you with the bank account details by placing the order. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.
5. Delivery
5.1 We will confirm the shipping date (including tracking number) by issuing you a shipping notice.  The delivery date is a subject matter of change.
5.2 The place of delivery is as stated in the order confirmation.
5.3 If we cannot meet the estimated delivery date indicated in the order confirmation we will contact you to advise you of a proposed new date for delivery.
6. Passing of ownership and risk
6.1 Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges if applicable) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.
6.2 Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.
7. Acceptance of products, right of cancellation
7.1 You must notify us of any missing products, or damage or defects to the products promptly following delivery.
7.2 If you are contracting as a consumer, you may cancel the contract between you and us for any reason, by sending written notice (including email) not later than 14 days from the day after the day of placing the order, without incurring any obligation or liability to Zahnd & Kormann.
7.3 On cancellation of the contract between you and us, we will refund you the price paid immediately, latest within a period of 30 days after the date of cancellation. Charges issued by your bank or your credit card provider have to be paid by the customer.
8. Our refunds policy
8.1 When you return a product to us because you have cancelled the contract between you and us, or have notified us in accordance with paragraph 12 that you do not agree to any change in these conditions of sale or in any of our policies, or because you claim that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will refund any money received from you using the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received the products back or, if earlier, the receipt by us of proof of the return of the products or, in the case of a defective product, the day we confirmed to you via email that you were entitled to a refund for delivery of the defective product.
8.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges (if any) for sending the item to you and the cost incurred by you in returning the item to us. Where you chose a more expensive delivery option, we have the option to only reimburse you up to the amount you would have paid if you had chosen the least expensive common and generally acceptable form of delivery offered by us.
8.3

 

You must take reasonable care of the products until returned. If a watch arrives back to our logistics centre with the bracelet or strap damaged in any way (not due to our fault or negligence) or not in its original condition, then we reserve the right to refuse the return or to refund the price of the watch but less the costs for a new bracelet or strap.
9. Warranty, repairs, replacement
9.1 We warrant to you that any watch purchased from us through our site is of satisfactory quality.
9.2 In case of damage or defects to products, Zahnd & Kormann will, at its own discretion, promptly repair the product after the damaged or defective product has been returned.
9.3 Warranty for watches. All watches offered for sale on this website have the benefit of the Zahnd & Kormann International Warranty to be free from material or manufacturing defects for 24 months. The full warranty terms are in the International Warranty document provided with each watch.
9.4 For warranty claims please contact us by e-mail so we can arrange the necessary and provide you with the shipping address. Warranty claims must be accompanied by a proof of purchase that verifies the date of purchase. Please note that for online sales, the International Warranty certificate provided with each watch does not act as proof of purchase. The following are acceptable as proof of purchase:
9.5 the original delivery note,
9.5.1 the order confirmation,
9.5.2 a bank or credit card statement.
9.5.3 If proof of purchase is unavailable, an item might still be treated as being under warranty based on the length of time that it has been available.
9.6 Any returns of products based on the contract between you and us shall be sent, using  “Signed For” service or “Special Delivery” (insured service), to the following address: Please contact us in advance of shipping the product. As we do have several service partners around the world, we will then provide you with the shipping address wich is as close as possible to your location. In any case you can send your product back for inspection to:

Zahnd & Kormann
Wabersackerstrasse 97
3097 Liebefeld (Bern)
Switzerland

10. Liability
10.1 Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that Product.
10.2 This does not include or limit in any way our liability:
10.2.1 For death or personal injury caused by our negligence;
10.2.2 For fraud or fraudulent misrepresentation; or
10.2.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Miscellaneous
11.1 Transfer of rights and obligations. The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may assign, subcontract or transfer any of our obligations or rights under the contract between you and us to a competent third party, in whole or in part and provided that the assignment, subcontract or transfer occurs without negatively affecting the provision of the products and your rights or remedies under this Agreement.
11.2 Severability. If any part of these terms and conditions or any provisions of an Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law these Conditions.
11.3 Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.4 Notices. All notices given by you to us must be given to Zahnd & Kormann, Wabersackerstrasse 97, CH-3097 Liebefeld (Bern) or contact us. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11.3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
11.5 Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.5.1 Strikes, lock-outs or other industrial action.
11.5.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.5.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.5.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.5.5 Impossibility of the use of public or private telecommunications networks.
11.5.6 The acts, decrees, legislation, regulations or restrictions of any government.
11.6 Our performance under any contract between you and us is deemed to be suspended for the period that the event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under the contract between you and us may be performed despite the event.
11.7 Waiver. If we fail, at any time during the term of a contract between you and us, to insist upon strict performance of any of your obligations under a contract between you and us or any of these conditions of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract between you and us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these conditions of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11.4 above.
11.8 Entire agreement. These conditions of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between you and us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these conditions of sale. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these conditions of sale.
12. Our right to vary these conditions of sale
12.1 We have the right to revise and amend these conditions of sale from time to time.
12.2 You will be subject to the policies and conditions of sale in force at the time that you order products from us, unless any change to those policies or these conditions of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these conditions of sale before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the conditions of sale, unless you notify us to the contrary within seven working days of receipt by you of the products).
13. Law and jurisdiction
13.1 Agreements for the purchase of products through this website shall be interpreted and governed in accordance with Swiss law. The relevant courts of Bern, Switzerland shall have exclusive jurisdiction in respect of any dispute arising from contract between you and us and these conditions of sale.