GENERAL CONDITIONS OF SALE
General terms and conditions (CGC)
Last updated: May 2020
N.B .: If there are inaccuracies and / or discrepancies between the various language versions of these general conditions of contract (CGC), the English version is valid. The Italian translation is provided for information purposes only and has no legal value. By accepting these GTC, the customer automatically accepts the conditions expressed in the original English text.
1 Scope of application
These General Terms and Conditions (hereinafter "CGC") apply to all negotiating documents entered into via the online shop (hereinafter individually "Online Shop").
For products in the online shop marked with the word "used", in addition to these GTC, the general conditions of purchase for resale (CGA) apply.
Stefano Braga watches reserves the right to change these GTC at any time. The version of these GTC in force at the time of the order has normative value. This version cannot be changed unilaterally. Any conditions of the customer that diverge from or conflict with these GTC are not recognized.
The offer of products and services made available in the online shop (hereinafter "Offer") is valid as long as the product is found through the search engine of the online shop and / or until it is available in stock.
2.1 Products and prices
The images of products disclosed in advertising, in brochures, in the online shop, etc. act as an illustration and are not binding.
All sales prices published in the online shop represent the final prices, which include packaging and shipping costs for the published delivery time. If the customer places an order at a domicile abroad and is not registered in the Swiss VAT register, the customer, as an importer of the products supplied by Stefano Braga watches, is the debtor of the import tax and any duties customs. The customer authorizes and assigns Stefano Braga watches to carry out the customs declaration of the products supplied in the name and on behalf of the customer. Customers will pay the expected import duties to their customs.
Stefano Braga watches reserves the right to change the prices of the products and services offered at any time. The price indicated in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery times
Stefano Braga watches pays particular attention and commitment in the publication of information on availability and delivery times and undertakes to indicate them in the online shop in the most accurate and updated way. However, due to problems related to production and supply, delivery delays could occur by Stefano Braga watches or the dealers related to it. All information on availability and delivery times are therefore without guarantee and can be changed at any time.
3 Contract conclusion
The products and prices published in the online shop are valid as an offer. However, this offer is always subject to the condition of a non-delivery or an incorrect price indication which terminates the contract.
The sales contract for Stefano Braga watches products or services ends with Stefano Braga watches as soon as the customer places an order online, in one of the branches, by phone, or e-mail (hereinafter "Sales Contract").
For products and services offered by a Merchant, the contract is concluded directly between the Merchant and the customer when ordering online, in one of the branches, by phone, or e-mail. Stefano Braga watches merely mediates these purchases. In this case Stefano Braga watches always acts only as an intermediary and service provider for the Merchant, but is never a contracting party to the sales contract.
The customer can clearly see both in the online shop and on the invoice who is the supplier or contractor of a purchase (eg Stefano Braga watches or a Merchant).
If ordering online, the customer receives an automatically generated order confirmation and sent to the email address indicated by him. This confirmation does not guarantee that the product can actually be supplied. It simply informs the customer that the order has been received in the shop and that the contract with Stefano Braga watches (resp. With the Merchant) has been concluded, on condition of a possibility of delivery and a correct indication of the price.
4 Delivery time
With the order confirmation, the customer receives a provisional delivery time, or is personally contacted in order to agree on a personalized delivery time.
In the event of delivery delays by Stefano Braga watches (resp. Of the Merchant), the customer has the right to withdraw from the contract (except in the case of special orders) starting from the thirtieth calendar day from the originally agreed delivery date. In this case Stefano Braga watches compensates the customer for all the amounts already paid. Any further claims against Stefano Braga watches (resp. Of the Merchant) are not possible.
5 Delivery / Collection at the branch
The delivery address must be reachable and accessible by truck. Otherwise, the customer will pay for any additional costs.
If the customer does not fulfill his obligation to accept the product within the pre-established delivery time, Stefano Braga watches (resp. The Merchant) has the right to dissolve (cancel) the contract with the customer and charge the customer for the delivery costs incurred and any impairment losses.
If the customer does not fulfill his obligation to collect the product at a branch within 14 calendar days starting from the pre-established collection deadline, Stefano Braga watches has the right to terminate (cancel) the contract.
6 Verification requirement
The customer has the obligation to immediately and accurately check the conformity, completeness and any damage of delivery of the products delivered or collected.
In the case of postal delivery, any transport damage must be indicated on the delivery note.
Transport damages, incorrect or incomplete deliveries, also for all the products and services of a Merchant, must be communicated to Stefano Braga watches within 5 calendar days from the time of collection or delivery. The customer is aware that this notification must be made through his customer account in the online shop, under the item "Returns and warranty". The customer is not authorized to put a product of this type into operation and must keep it in its original packaging. The customer agrees to follow the instructions of the return procedure that he finds in his customer account under the item "Returns and warranty".
7.1 Basic provisions
Stefano Braga watches (resp. The Merchant) guarantees the absence of defects of the ordered product for four years (the information on the warranty right applies) starting from the delivery or collection date. The warranty period continues regardless of the provision of any warranty service. Stefano Braga watches (resp. The Merchant) can choose the guarantee with:
free repair (the original warranty period continues on all products);
partial or total replacement with an equivalent used / repaired product (in case of replacement during the first year of warranty, the original warranty term continues, in case of replacement during the second / third / fourth year of warranty, the warranty term is 1/2/3 year (s) from the date of replacement);
Replacement with a new Stefano Braga watches product (new 4-year warranty period from the date of replacement);
credit equivalent to the price of the day (at most the sale price at the time of the order);
Stefano Braga watches (resp. The Merchant) excludes from the warranty all parts subject to wear, such as batteries, straps and signs caused by use. Furthermore, the conditions of liability apply, as per point 8.
During the examination of the warranty request Stefano Braga watches (resp. The Merchant) can, at the discretion, provide the customer with a replacement device (with reserve). This is done under the (delay) condition, whether it is actually a warranty case. Therefore, the customer assumes ownership of the replacement product only if the warranty request is confirmed by Stefano Braga watches (resp. Of the Merchant). In the event of refusal of this service by Stefano Braga watches (resp. Of the Merchant), the customer can purchase the replacement device at the price of the latter at the time of transmission, or undertakes to return it at his own expense.
All further legal warranty provisions are excluded.
7.2 Additional provisions for used goods
Other provisions apply for all products that are marked with the brand "Like new + Tested", "Used + Tested" in the online shop. In these cases, these are demonstration / display models or products repaired with slight optical defects. For this reason, the selling price is lower than that of the other products. Optical defects are excluded from the warranty services and are indicated in the product details. These products are also covered by the warranty for a period limited to one year.
By purchasing one of these products the customer is aware that it is a used product.
8 Liability and disclaimer
Responsibility is oriented according to the current and applicable legal provisions. Stefano Braga watches assumes no responsibility for (i) slight negligence, (ii) direct, indirect, consequential damages and loss of earnings, (iii) unrealized economies, (iv) damages due to delivery delays, as well as (v) for all the actions and omissions of Stefano Braga watches' auxiliary staff, whether contractual or non-contractual. In addition, Stefano Braga watches (resp. The Merchant) assumes no responsibility for damage resulting from the following causes:
Stefano Braga watches or the trader declines all responsibility in the following cases:
storage, regulation or improper, non-contractual or illegal use of the products;
insertion of incompatible spare parts or accessories (e.g. battery);
lack of maintenance and / or improper modification or repair of the products by the customer or third parties;
force majeure, especially elemental damage, humidity, fall, impact, etc., not attributable to Stefano Braga watches, as well as provisions of the authority.
9.1 Methods of payment
All payment requests for products and services purchased through the online shop are sent to the customer by Stefano Braga watches. At the time of the conclusion of the purchase contract, the Merchant transfers to Stefano Braga watches the entire payment credit deriving from the purchase contract between the Merchant and the customer. The customer acknowledges this transfer and is required to make all payments exclusively to Stefano Braga watches.
Payments must be made in the currency established on the online store.
Cash payment is only possible in case of collection at a branch
Customers can use the payment methods listed in the online shop under "Payment methods".
The current rates are listed under "Payment methods" and are shown in detail during the ordering process.
In case of payment by credit card, the charge is made immediately after placing the order.
In case of advance payment, the delivery takes place only after the arrival of the payment. The products of the central warehouse of Stefano Braga watches are reserved until the end of the payment term, at least for 40 calendar days. This also applies to externally ordered products that are processed and shipped through the Stefano Braga watches warehouse. Products delivered directly by external merchants or distributors are ordered only after payment has been made.
10 Modification or cancellation of the order
Orders are binding and the customer is obliged to accept their products and services. Stefano Braga watches (resp. The Merchant) can, at its discretion, accept any changes or cancellations of orders and reserves the right to charge the customer an inconvenience fee equal to 20% of the value of the canceled order, at a minimum of CHF 60.– , as well as any depreciation of the products from the time of order.
If at the end of the order a total or partial impossibility of delivery, as per point 3, is revealed, the customer is promptly informed by e-mail. If the customer has already made the payment, the total amount is refunded. If the payment has not yet taken place, the customer is released from the payment obligation. Further claims in the event of delay or non-delivery are excluded.
11 Return of items without defects
According to the provisions on the right of withdrawal, Stefano Braga watches grants the right of withdrawal of the products ordered within a maximum of 14 calendar days. As far as the products of the Merchants are concerned, it is a maximum of 7 calendar days from the delivery or collection date.
The customer agrees to request the Ticket from Stefano Braga watches by email from which he will receive a code to return it according to the instructions (see the return information). The products and all accessories must be properly packaged in the original packaging. Damaged products are not accepted and all related costs are charged to the customer.
If customers make use of the right of withdrawal, Stefano Braga watches will refund the full purchase price. Refunds of customs duties and duties made by the customer are excluded.
In relation to any return of products for which the customs clearance was on behalf of the customer, the latter authorizes and instructs Stefano Braga watches to declare the products returned for export and to request any refund of Swiss customs duties. If the customer appeals to his right of withdrawal, according to the above conditions, Stefano Braga watches undertakes to compensate the entire sum of the purchase price.
In this context, customers assure Stefano Braga watches that the information and the list of returned products are complete and correct based on the return receipt generated by the customer in the return process, and that the return shipment actually contains the products indicated in the return receipt. Customers exempt Stefano Braga watches from all third party claims that refer to an incomplete or incorrect customs declaration from customers. Stefano Braga watches has the right to verify the information provided by its customers in the context of random checks.
12 Repair out of warranty
The repair costs of out-of-warranty products are borne by the customer, referred to in point 7. If the items do not demonstrate detectable defects, or if the defect is not covered by the warranty, referred to in point 7, Stefano Braga watches (resp. Merchant) reserves the right to charge the customer for defect verification costs, together with shipping costs.
13 Additional provisions
13.1 Non-assignable returns
Returns not assignable to a customer or undeliverable are kept for six months by Stefano Braga watches (resp. By the Merchant) and subsequently disposed of.
13.2 Uncollected or undeliverable warranty goods
If as a result of a warranty service, referred to in point 7, the goods are not collected by the customer within six months of sending the notice of withdrawal, or if it is not deliverable within this period, Stefano Braga watches has the right to use it and proceed with disposal.
13.3 Data protection
13.4 Partial invalidity
Should one or more provisions of these GTC prove to be invalid or ineffective, any different provision and clause of these GTC will maintain full force and effectiveness.
13.5 Jurisdiction and applicable law
All legal relationships between Stefano Braga watches (resp. The Merchant) and the customer are governed by Swiss material law. The Vienna Convention on the International Sale of Goods is not applicable.
The following jurisdictions only apply.
For all complaints arising from sales contracts in which Stefano Braga watches is a contracting party:
the place of jurisdiction for consumer actions is Zurich.
14 Copyright notice
All rights of these GTC, named all copyrights, belong to Stefano Braga watches
Any reproduction, disclosure or further use is absolutely prohibited and can be accepted only after explicit written agreement by Stefano Braga watches. In case of infringement of this order, Stefano Braga watches reserves the right to proceed through legal channels.