1- General provisions
The online shop on the website www.geniuswatches.ch (hereinafter “the website”) was created and is managed by the company GG SA (CHE-139.409.406), Lugano.
These conditions of sale and delivery are intended to define the contractual relations between GG SA and the buyer (hereinafter “the customer”). Any order placed on the internet site or by e-mail, to the addresses firstname.lastname@example.org or email@example.com, implies the unconditional acceptance by the customer of these conditions of sale and delivery. These conditions of sale and delivery will prevail over all other conditions not expressly approved by GG SA.
GG SA reserves the right to modify its conditions of sale and delivery at any time. In this case, the applicable conditions will be those in force on the date of the order.
2- Customer personal qualifications
If the customer orders a product on the website, he guarantees that the following conditions are met:
GG SA may refuse an order for legitimate reasons (for example, if it has reason to believe that an order has been placed in violation of these general conditions of sale).
4- Products GG SA specifies that:
5- Price and payment
The prices of the products shown on the website are net prices based on the Swiss franc (CHF). Prices displayed in other currencies are converted from their base price in Swiss Francs (CHF), as this may lead to a change in the prices displayed in foreign currency.
The prices are Delivered Duty Paid (hereinafter “DDP”) and better:
Some countries impose customs / import taxes in addition to the listed price. On the website, at the time of purchase, it is indicated whether the total amount of the order includes these costs or not. On that regards:
GG SA does not issue tax-free vouchers. GG SA reserves the right to change its prices at any time, it being understood that the price that appears on the website on the day of the order will be the only applicable one. Payment can be made with the credit cards described in the ordering process, bank transfer or PayPal. Payment must be made prior to delivery of the products.
All credit card holders are subject to a validity check by the card issuer, who must also authorize the cardholder to use it. The personal data of the credit card holder necessary for the checks can be exchanged with third parties. If the credit card issuer does not authorize the payment, we cannot be held responsible for the delay or failure to deliver the order.
In the event of obvious errors in the price displayed on the website, GG SA reserves the right to block the purchase procedure. In this case, GG SA will contact the customer, informing him of the error and giving him the opportunity to choose whether to buy the product at the correct price or cancel his order.
6- Order process
The order of a product on the website is considered as an offer to purchase a product in accordance with these conditions of sale and delivery.
After placing an order, the customer will receive an order confirmation at the e-mail address that will have indicated. This does not yet mean acceptance of the order, admitted that all orders are subject to the approval of GG SA, which reserves the right to ask, before acceptance, in order to secure transactions and fight fraud:
In the event of failure to comply with these requests within the specified period, GG SA reserves the right to cancel the order and / or limit the quantity of products that can be ordered during a single purchase operation.
The customer agrees that GG SA may use his personal information to conduct appropriate anti-fraud checks. The personal data that the customer provides can be disclosed to a credit office or to an anti-fraud agency, which can keep track of them.
If the ordered products are not available, the customer will be informed by e-mail. You will therefore have the option of choosing whether to wait for the item to become available, change the product or cancel the order.
GG SA will confirm acceptance of the order by sending an order confirmation via e-mail. The contract will then be legally binding on both parties.
If GG SA is awaiting delivery of the product from its suppliers, it may offer the customer to make an advance payment (pre-order), which will guarantee that he will receive the product first, once it is available. The rights relating to the advance purchase remain the same as those relating to any other purchase from GG SA.
Items in stock can be pre-assigned to fulfill prepaid orders and customers who have made such payments will receive the products prior to customers who place orders on the website for immediate delivery.
If GG SA is unable to deliver a product due to a production or quality problem, the customer will be informed by e-mail and will have the right to choose whether to wait for the item to become available, change the product. or cancel the order.
7- Promotional Codes
Promotional codes are not transferable or cumulative and cannot be redeemed for cash. Promotional codes must be used before the expiration date indicated. GG SA reserves the right to cancel, at its sole discretion, any sale in the event of abuse or fraud in the use of promotional codes.
The delivery address will correspond to the data that the buyer has provided and indicated in the order confirmation e-mail. In case of absence during delivery, it will be the customer’s responsibility to contact the courier and collect the package in the place and within the terms agreed with the courier. In any case, the delivery terms and conditions of the carrier apply. If the deadline is exceeded, the products will be returned to GG SA and it will be up to the customer to contact customer service for a possible return at his expense.
The information provided by the buyer at the time of the order is binding. In the event of an error in the formulation of the recipient’s data, GG SA cannot be held responsible for the inability to deliver the product and, if this error leads to a return of the product by the carrier, it will be returned at the expense of the buyer.
The package will be delivered upon signature. If the customer indicates a recipient other than himself for the delivery, he accepts that the signature on the proof of receipt comes from the person in question.
Delivery times are estimated and are provided as an indication only and run from the time of shipment.
GG SA is not responsible:
If the delivery does not take place within the term of 30 (thirty) working days from the date of order confirmation, the customer has the right to invite GG SA to make the delivery within an additional period, appropriate to the circumstances. In the event of useless expiry of this term, the customer will be entitled to cancel the order by registered letter or e-mail firstname.lastname@example.org. In this case, the purchase price possibly already charged to the customer will be re-credited within a maximum of 30 (thirty) working days from the date of receipt of the notice of cancellation of the order, using the same payment method used for the purchase.
9- Transfer of Risk and Ownership
The ordered products remain the property of GG SA until delivery to the address indicated. The transfer of ownership takes effect from this date. GG SA may demand the return of the goods before the transfer of ownership, if the customer violates these general conditions.
The risk is transferred with the delivery.
10- Right of withdrawal / return / exchange
Before the order is delivered to the carrier, the customer has the right to withdraw from the contract without giving reasons. In this case, the customer must send his request for withdrawal in writing to the e-mail address email@example.com.
After delivery of the order to the courier, the customer will have the right to withdraw from the contract within 14 (fourteen) days from the day of receipt, exclusively for sales in Switzerland. The right of withdrawal does not apply to sales outside Switzerland.
The customer must send the return request in writing by e-mail to firstname.lastname@example.org
Returns must be sent using the return label provided by GG SA. Packages returned directly to GG SA will not be processed and will be returned to the sender.
Products must be returned in new and perfect condition, with all protections and labels, as well as all safety devices and adhesives attached to them and subject to quality control and functional tests. The customer must take care of the product when examining it. In the event of deterioration of the product, compensation will be requested only if the deterioration was.
caused by use beyond the limits of the usual and necessary, taking into account the nature, characteristics and functioning of the product. In order to establish the nature, characteristics and correct functioning of the product, the customer must handle and inspect the product in an appropriate manner.
Failure to return the original box or packaging in good condition will give GG SA the right to withhold the value corresponding to the refund amount.
All returns or exchanges will be subjected by GG SA to a rigorous quality control to ensure that the returned product complies with the return requirements. If the controlled product does not meet the quality control standards, GG SA may request compensation from the customer for damages.
The customer will be responsible for any loss in value of the product resulting from use and / or manipulation of the product contrary to the principles of civil law (good faith, above all). Consequently, if the product is damaged or destroyed, GG SA will deduct the cost of repair or replacement from the refund amount.
The package must be insured by the customer for the value of the purchased product. In case of loss, all costs, charges and consequent obligations will be the sole responsibility of the purchaser.
If the returned product passes the quality control, GG SA will proceed with the refund or the applicable exchange.
All returned products must be accompanied by complete order information (commercial invoice and customs invoice, if applicable) and this in order to facilitate processing and identification. Unidentified returns will be returned to the sender.
The refund of the order will be made using the payment method used at the time of the order on the website. If the latter is no longer valid or for any other reason external to GG SA (loss, opposition, change of bank establishment, etc.), the customer will be contacted to find an adequate solution.
Personalized products will not be returned or exchanged. The right of return does not apply to this type of order.
Products sold with a promotional code are not returned or exchanged, nor do they benefit from the right of return of 14 (fourteen) days.
GG SA offers a 2 (two) year warranty period on each product. At the time of the order, the customer will be offered the opportunity to extend this warranty period up to 5 (five) years.
GG SA scrupulously ensures that each product complies strictly with its quality criteria and that it has passed all technical and aesthetic checks.
The product is considered defective if it is damaged upon receipt or if a manufacturing defect is found in accordance with and during the warranty period associated with the product in question.
Items damaged as a result of normal use will not be considered faulty.
If the product is received defective or if the customer discovers a defect during the warranty period, the customer will have the option to return it for repair. You must send your request in writing via the contact form found on the website.
Warranty, repair or replacement requests will not entitle you to any extension of this period.
The warranty is excluded in the following cases:
GG SA’s exhibition and promotional campaigns (intended by nature to highlight the aesthetic character of GG SA’s products, and which can sometimes represent GG SA’s products in unusual situations or uses) cannot be considered as examples of normal use. – the products of GG SA that could be claimed as such by the end user. It is therefore understood that the GG SA guarantee will be limited to cases of defects that appear only after normal and habitual use of the product.
After analyzing the information contained in the request for the return of a defective product, GG SA reserves the right to refuse the customer’s request for legitimate reasons (warranty period exceeded, defect not covered by the warranty, inappropriate use of the product, etc. .).
As part of the warranty, GG SA may offer the customer the repair or replacement of the product, if possible.
The products must be sent using the return label provided by GG SA. Packages returned directly to GG SA will not be processed and will be returned to the sender.
All returned products must be accompanied by complete order information to facilitate identification and speed up processing. Unidentified returns will be returned to the sender.
12- Repeated returns
The number of returns made is counted. GG SA reserves the right to refuse an order in the event of repeated returns.
The products offered on the website are intended for private use. GG SA cannot be held responsible in the event of direct or indirect damage, material or immaterial, related to the use or exploitation of the products ordered.
The products comply with Swiss law. GG SA cannot be held responsible in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the customer to inquire with the authorities of the importing country whether the product is authorized in that country.
GG SA cannot be held responsible for the failure to execute the contract concluded in the event of force majeure, in accordance with the provisions of the Swiss Code of Obligations.
14- Protection of personal data
In the context of online sales, GG SA collects and processes the customer’s personal data. These personal data are used to provide the online sales service, to manage customer relations and disputes, to offer other products or to allow any audits of GG SA. This data processing is justified by the customer’s consent, by the execution of the contract, by the legitimate interest of GG SA and by compliance with legal obligations.
15- Court and applicable law
Applicable law: Swiss law. Jurisdiction and executive jurisdiction: Lugano.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
The contract with GG SA is considered binding for the customer and his successors in law. The customer cannot transfer, assign, encumber or otherwise dispose of the right to delivery of the goods ordered and defined in this contract without the prior written consent of GG SA.
If some of the provisions of these conditions of sale were partially or totally ineffective, this will not affect the effectiveness of the other provisions.
The customer accepts that the communication – in accordance with current legislation – is carried out electronically, through the e-mail address or the address provided by him.
To contact GG SA, the customer can write by post to the company headquarters or by e-mail to email@example.com.
Website: www.www.geniuswatches.ch (hereinafter “the website”).
Client: any professional or natural person capable of understanding and wanting pursuant to the Swiss Civil Code (RS 210), or legal person, who visits the website, subject of these gen- eral conditions.
Services: the website offers its customers watch products of excellent and proven quality. Content: all the elements that make up the information on the website, in particular texts, images and videos.
Information for customers (hereinafter “information”): all personal data that may be stored by the website for the management of accounts, the management of the relationship with the customer and for analysis and statistical purposes.
User: Internet user who connects and uses the website.
Personal information: data that allow, in any form, directly or indirectly, the identification of the natural persons to whom they apply. The terms “personal data”, “data subject”, “sub-proces- sor” and “sensitive data” have the meaning defined by the General Data Protection Regula- tion (GDPR: No. 2016-679).
Owner: GG SA (CHE-139.409.406), Lugano (hereinafter “GG SA”). Responsible for publication: GG SA.
Data protection officer: GG SA.
The website is a protected intellectual work. The customer may not in any way reuse, transfer or exploit all or part of the elements or works of the website on their own.
Use of the website implies full acceptance of the general conditions of use described below. These conditions of use can be modified or completed at any time and users of the website are therefore invited to consult them regularly.
The website is normally accessible to users at any time. In case of interruption for technical maintenance, GG SA will try to inform users in advance about the dates and times of the in- tervention.
The website is regularly updated. Likewise, the legal notices can be modified at any time: they are, however, binding for the user, responsible for their compliance.
The purpose of the website is to provide information on all the company’s activities. GG SA strives to provide information on the website that is as accurate as possible. However, it can- not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are of its own creation or of third-party partners who provide it with this information.
All information on the website is given for information only and can change. Furthermore, the information on the website is not exhaustive.
The goal is to provide a service that guarantees the best accessibility rate. The host ensures the continuity of his service 24 hours a day, every day of the year. However, the right is re- served to interrupt the hosting service for the shortest possible time, in particular for mainte- nance purposes, to improve its infrastructures, in the event of a breakdown of its in- frastructure or if the services generate traffic that is deemed abnormal.
GG SA and the host cannot be held responsible in the event of a malfunction of the internet network, telephone lines or computer and telephone equipment, in particular in the event of network congestion that prevents access to the server.
GG SA is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, ex- cept with the prior written authorization of GG SA.
Any unauthorized use of the site or any of the elements contained therein will be considered as constituting a violation and will be prosecuted according to the legal provisions in force.
GG SA acts as the publisher of the website and is responsible for the quality and truthfulness of the content it publishes.
GG SA cannot be held responsible for direct and indirect damage caused to the user while accessing the website and resulting from the use of technologies that do not comply with the specifications indicated in art. 4, either from the appearance of bugs or incompatibilities.
GG SA cannot be held responsible for indirect damages (such as loss of market or loss of opportunities) deriving from the use of the website. Interactive spaces (possibility to ask questions in the contact area) are available to users. GG SA reserves the right to delete, without prior notice, any content published in this area that contravenes the legislation ap- plicable in Switzerland, in particular the provisions relating to data protection. If necessary, GG SA also reserves the right to call into question the civil and / or criminal liability of the user, in particular in the case of messages of a racist, defamatory or pornographic nature, whatever the means used (text, photographs, etc.).
The customer is informed of the rules relating to marketing communication, the federal law on data protection (235.1) of 21 June 2014 and the general regulation on data protection (GDPR: No. 2016-679).
For personal data collected in the context of creating the user’s personal account and brows- ing the website, the person responsible for the processing of personal data is GG SA.
As controller of the data collected, GG SA undertakes to comply with the legal provisions in force. In particular, it is its responsibility to establish the purposes of data processed, to pro- vide its prospects and customers, starting from the collection of their consent, complete in- formation on the processing of their personal data and to maintain a record of the processing according to the reality.
Every time the website processes personal data, GG SA takes all reasonable measures to ensure that the personal data are accurate and relevant to the purposes for which the web- site processes them.
GG SA may process all or part of the data collected for:
GG SA does not sell the personal data collected, which are therefore used only for necessity or for statistical and analytical purposes.
In accordance with the European legislation in force, website users have the following rights:
As soon as GG SA becomes aware of the death of a user and, in the absence of instructions from him, undertakes to destroy his data, unless their conservation is necessary for evidential purposes or to satisfy a legal obligation.
If you want to know how GG SA uses your personal data, you can:
GG SA refrains from processing, hosting or transferring the information collected about its customers in a country located outside the European Union or recognized as “inadequate” by the European Commission without informing the customer in advance. For all this, GG SA remains free to choose its technical and commercial subcontractors, provided they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
GG SA undertakes to take all necessary precautions to preserve the security of information and, in particular, not to communicate it to unauthorized persons. However, if an incident af- fecting the integrity or confidentiality of the customer’s information is brought to the attention of GG SA, the latter must inform the customer as soon as possible and communicate the cor- rective measures taken. Furthermore, GG SA does not collect any “sensitive data”.
The user’s personal data may be processed by GG SA branches and subcontractors (service providers), exclusively for the purpose of achieving the purposes of this policy.
Within the limits of their respective attributions and for the aforementioned purposes, the only people who can have access to the data of the users of the website are the employees of the customer service.
As regards the users of the website, GG SA collects the following data, essential for the func- tioning of the service, and which will be kept for a maximum period of 36 months: surname, name, company, address, telephone, e-mail, website.
Despite the efforts of GG SA, no method of transmission over the internet and no method of electronic storage is completely secure. Therefore, GG SA cannot guarantee absolute securi- ty. If GG SA becomes aware of a security breach, it will inform affected users so that they can take appropriate action. GG SA’s accident notification procedures take into account national and European legal obligations. GG SA is committed to keeping its clients fully informed on all matters relating to the security of their account and to providing them with all information necessary to help them meet their regulatory reporting obligations.
No personal information of the user of the website is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium to third parties. Only the as- sumption of the repurchase of GG SA and its rights would allow the transmission of the aforementioned information to any purchaser who would, in turn, be bound by the same obligation to keep and modify the data as the user of the website.
To ensure the security and confidentiality of personal data and personal health data, GG SA uses networks protected by standard functions such as firewalls, pseudonymization, encryp- tion and password protection.
When processing personal data, GG SA takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The website contains a certain number of hypertext links to other sites, set up with the autho- rization of GG SA. However, GG SA does not have the possibility to control the content of the sites thus visited and, consequently, does not assume any responsibility for this fact.
Unless the user decides to disable cookies, he accepts that the site can use them. The user can disable these cookies, at any time, free of charge, using the deactivation options offered by the website, admitting how they can reduce or prevent access to all or part of the services offered by the site.
A “cookie” is a small information file sent to the user’s browser and stored in the user’s termi- nal (for example, computer, smartphone) (hereinafter “cookies”). This file includes information such as the user’s domain name, the user’s Internet service provider, the user’s operating system, the date and time of access. Cookies do not damage the user’s terminal in any way.
GG SA may process the user’s information relating to his visit to the website, such as the pages consulted and the searches carried out. This information allows GG SA to improve the content of the website and the user’s browsing experience.
Since cookies facilitate navigation and / or the provision of the services offered by the web- site, the user can configure his browser to allow him to decide whether to accept them or not so that the cookies are registered in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The user can also configure his navigation software so that the acceptance or rejection of cookies is offered to him from time to time, before a cookie can be registered in his terminal. GG SA informs the user that, in this case, it is possible that not all the functions of its navigation software are available.
If the user refuses to accept the storage of cookies in his terminal or browser, or if the user deletes those stored, the user is informed that his navigation and his experience on the web-
site may be limited. This could also happen when GG SA or one of its service providers is unable to recognize, for reasons of technical compatibility, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the internet.
Where applicable, GG SA declines all responsibility for the consequences related to the de- graded functioning of the website and any service offered by the website, deriving (i) from the refusal of cookies by the user (ii) from the impossibility for GG SA to register or consult the cookies necessary for their operation by choice of the user. For the management of cookies and user choices, the configuration of each browser is different. It is described in the brows- er’s help menu, which will show how the user can change his wishes regarding cookies.
At any time, the user can choose to express and modify their wishes regarding cookies. GG SA may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus that appear on the website or in its mobile application and if the user has accepted the deposit of cookies by continuing to browse the website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on its terminals (computer, tablet, mobile phone).
These types of cookies are deposited on your terminals only if the user consents to them, continuing his navigation on the website or on the mobile application of the website. At any time, the user can in any case revoke his consent to the deposit of this type of cookie by GG SA.
GG SA may occasionally employ internet tags (also known as action tags, single pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and distribute them through a web analytics partner who may be located (and therefore store information about them, including your IP address) in a foreign country.
These beacons are inserted both in online advertisements that allow users to access the website, and in the various pages of the website.
This technology allows GG SA to evaluate the responses of visitors to the website and the effectiveness of its actions (for example, the number of times a page is opened and the in- formation consulted), as well as the use of this website by the user.
The external service provider can collect information on visitors to the website and other websites thanks to these beacons, compile reports on the activity of GG SA for the attention of the website, and provide other services relating to the use of this website. and the internet.
Any dispute relating to the use of the website is subject to Swiss law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Lugano.