CONDITIONS OF SALE
1. General
1.1 These terms and conditions of sale ("Conditions of Sale ") apply to the sale and delivery to customers in Switzerland of products ("Products" or “Product”) listed on the following website https://www.flikflak.com/en-ch/ ("Website"), operated by Swatch Retail AG, Nicolas G. Hayek Strasse 1, 2502 Biel/Bienne, Switzerland ("Swatch", "we", "us", "our"). Swatch Retail AG is a subsidiary of Swatch AG and The Swatch Group AG, Biel/Bienne. Please read these Conditions of Sale carefully before ordering Products from this Website. By ordering Products, you implicitly accept the following conditions.
1.2 If you accept these Conditions of Sale, click the "I accept" button at the end of the ordering process. Please note that if you do not accept these Conditions of Sale, you will not be able to order Products from this Website.
2. Your status
2.1 By placing an order through our website, you warrant that:
2.1.1 You are capable of concluding legally binding contracts.
2.1.2 You are at least 18 years old.
3. Purchase of goods, order process
3.1 Your order of a Product on this website shall be considered as an offer to purchase the Product in accordance with these Terms and Conditions of Sale.
3.2 After you have placed an order, you shall receive an e-mail from us confirming that we have received your order. Please note that this shall not yet mean that your order was accepted; all orders shall be dependent on our acceptance of them. To provide security for the transaction and combat fraud, we shall reserve the right to ask the following of you before we accept your order:
- to confirm specific information about your order by telephone
- to send us evidence of your identity (for example, a copy of your ID)
If you do not meet these requests by the date indicated, if one has been indicated, we shall reserve the right to cancel your order.
3.3 We shall not assume any liability for any errors in image material or spelling on this Website; this shall also apply to errors in the gift card message you enter during the order process. We shall reserve the right to reject gift card messages that we judge to be indecent, offensive or in other ways coarse.
3.4 If the ordered Products are unavailable, we shall notify you by e-mail and you shall have the choice of waiting until the product is available from our inventory or canceling the order.
3.5 We shall confirm acceptance of your order by sending you an order confirmation by e-mail. This shall constitute a binding contract between you and us.
3.6 The contract shall only pertain to the Products that we have confirmed shipping in the order confirmation. We shall not be required to deliver other Products that may have been part of your order, except if the shipping of these Products has been confirmed in a separate order confirmation.
4. Price and payment
4.1 The price of a product shall correspond to the relevant details provided on this Website, except in cases of obvious errors. The indicated prices shall include the current rate of VAT, though not any shipping fees; such charges shall be presented separately beside the offer. Before placing an order, the individual prices, including the shipping fees incurred, shall be presented again separately and as an overall price.
4.2 Our Website contains a large number of Products, and even if we make our best efforts, it is still possible that a small number of the Products listed on our website are not listed at the correct price. Normally, we check that the prices are correct as part of our shipping process. If the correct price of a Product is lower than the price indicated by us, we shall charge the lower amount when shipping the Product. If the correct price is higher than the price indicated on the Website, we shall, at our discretion, contact you before shipping the Product or reject your order and notify you of the rejection.
4.3 We shall not be required to deliver a Product at an incorrect (lower) price to you if the erroneous price is obvious and unmistakable and you could reasonably have been expected to recognize it as an incorrectly presented price, even if we have already sent you an order confirmation with the incorrect price.
4.4 Payment may be made using the cards referred to during the order process. We shall indicate the price that is payable by you in the order confirmation. Payment shall be made before the Products are delivered. We shall charge your card the total amount owed shortly before shipping the products. We may postpone delivery of the products until full payment has been received.
4.5 All card holders shall be subject to validity checks and authorizations by the card issuer. We shall be permitted to exchange the personal data of the card holder when it is required for these checks. If the issuer of the card declines to authorize the payment to us, we shall not be liable for delays or non-delivery.
4.6 Klarna: Here you will find our terms and conditions Terms of use | Klarna Switzerland
Retention of title; offsetting of amounts owed; right of retention:
A- In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
B- You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
C- If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
5. Delivery
5.1 We shall communicate the shipping date to you in a shipping notice. Delivery shall normally be made within 30 days of the order date unless otherwise agreed explicitly at the time of placing the order.
5.2 The place of delivery shall correspond to the one indicated on the order confirmation. We only deliver within Switzerland. For practical reasons, we may ship multiple products from the same order in multiple different shipments; we shall communicate this to you in the shipping notice. If the shipping fees increase because of this, we shall only proceed without your agreement if these increased shipping fees were already communicated to you when concluding the contract.
5.3 If we cannot meet the estimated delivery date indicated on the order confirmation and the revised delivery date is not within 30 days of the order date, we will contact you without undue delay to communicate the new delivery date to you. If you reject the revised delivery date and we are unable to deliver the Product(s) within 30 days of the original date of your order or, if applicable, the concrete delivery date agreed, you may cancel the order without charge and receive a full refund of the purchase price paid. If multiple Products are sent in multiple different shipments, these multiple shipments shall be delivered within 30 days of placing the order unless otherwise agreed explicitly at the time of placing the order.
6. Transfer of title and passing of risk
6.1 Title to the Product shall pass to you upon payment in full of the purchase price (including delivery charges) or upon delivery of the Product, whichever occurs later. We may reclaim delivered Products at any time prior to the transfer of title if you breach these Terms of Sale.
6.2 Risk in the Product shall pass to you upon delivery. For the purposes of this provision, risk means responsibility for damage caused to the product or by its use, handling or storage.
7. Right to withdraw from contract and outcomes of withdrawal
7.1 You can cancel your order within 14 days without giving reasons in written form (e.g. letter, fax, e-mail) or by returning the Products. The cancellation term begins on the day after receipt of the Products. To ensure that the cancellation period is observed, it is sufficient to observe the cancellation term. The cancellation must be sent to: Swatch AG, Marché Suisse Stock, Längfeldweg 119, 2504 Biel / Bienne, Switzerland. E-mail: connect@swatch.ch. Telephone: 032 321 21 42.
7.2 If the cancellation has been carried out correctly, we will refund the price paid, provided that the Products (including gifts) arrive at Swatch unused and in their original condition. You are responsible for the costs of returning the Products if the Products delivered correspond to the Products ordered.
A set containing several Swatch watches can only be returned as a whole and in its original condition. Warranty cases are excluded.
The cancellation of the purchase of personalized Products is excluded.
8. Warranty
8.1 In the event of damage or defects on the Product, Swatch, at its discretion, may repair the Product or send you a replacement Product without delay after the damaged or defective Product has been returned.
8.2 Warranty for watches: All watches offered for sale on this Website are covered by Swatch Ltd.’s 24-month international warranty for material and production defects. The full warranty terms and conditions may be found in the international warranty card provided with every watch.
8.3 Warranty claims may be made either to an authorized Swatch retailer or by returning the product to Swatch. Warranty claims must be accompanied by a purchase receipt with confirmation of the purchase date. The following documents are accepted as proof of purchase:
8.3.1 an international warranty card with stamp and date
8.3.2 the original purchase receipt or delivery note
8.3.3 a bank or card statement
8.4 If there is no purchase receipt present, the most we shall grant for a product is a corresponding warranty based on the duration of time for which the product has been available.
8.5 Product returns based on this warranty shall be sent by post to the following address:
Swatch Ltd.
Marché Suisse Stock
c/o Swatch Group Services Ltd.
Längfeldweg 119
2504 Biel/Bienne
8.6 This warranty shall in no way restrict the warranty rights to supplementary performance, price reduction, withdrawal and compensation to which the buyer is entitled by law.
9. Liability
9.1 Swatch shall only be liable for damages arising from the warranty and other legal grounds – in particular claims based on tort, organizational fault, fault committed at the time of entering the contract or possible claims arising from other faults as a result of a breach of duty - if it can be proved that Swatch or its agents have committed a criminal intent or gross negligence or that the damage is related to the product liability claim . The above disclaimer of liability for cases of simple negligence shall not apply to loss arising from injury to a person’s life, body or health or in the event of a willfully concealed defect. In such cases, Swatch shall also be liable for simple negligence on the part of its governing bodies or agents.
10. Miscellaneous
10.1 Transfer of rights and obligations. The contract between you and us is binding on you and us and our respective legal successors. You shall not transfer, assign, encumber or in any other way dispose of the claim to delivery of the ordered Product under this Terms and Conditions of Sale without our prior written approval.
10.2 Severability. Should one of the provisions of these Terms and Conditions of Sale be or become invalid or unenforceable, the effectiveness of the remaining provisions shall remain unaffected.
10.3 Electronic communication. When you use our Website, you accept that communication - in accordance with current legislation - may be carried out electronically. We will contact you via your e-mail address or by post at the address you have given us.
10.4 Swatch contact address. All communication to us shall be sent to Swatch Retail LTD, Nicolas G. Hayek Strasse 1, 2500 Biel/Bienne 4 or to connect@swatch.ch.
10.5 Venue and governing law These Terms and Conditions of Sale shall be governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.6 Insofar as legally permissible, Biel is the exclusive place of jurisdiction for all disputes arising in connection with these Terms and Conditions of Sale. Swatch is also entitled to take legal action at the competent court at the customer's domicile.
