TERMS OF SALE AND DELIVERY
1. General
1.1. These Terms and Conditions of Sale and Delivery apply to the sale and delivery of the products listed on the website https://www.swatch.com/at-de resp. https://www.swatch.com/en-at to customers in the Republic of Austria as well as customers in Slovakia. Please read these Terms and Conditions of Sale and Delivery carefully before ordering products from this website.
1.2. You can view these Terms and Conditions of Sale and Delivery at any time on this website of The Swatch Group (Österreich) GmbH and also download these Terms and Conditions of Sale and Delivery in PDF form by clicking here. To read them, you will then need the free Adobe Reader program, which you can obtain at www.adobe.at. We recommend that you print a copy of these Terms of Sale and Delivery for future reference.
1.3. Please click on the button "I accept Swatch's terms and conditions of sale and delivery" at the end of the ordering process if you agree with these terms and conditions of sale and delivery. Please understand that if you reject these terms and conditions of sale and delivery, you will not be able to order any products from this website.
1.4. This website is operated by The Swatch Group (Österreich) GmbH, ARES Tower, Donau-City-Strasse 11, 18th floor, 1220 Vienna ("Swatch", "we", "us", "our"). Phone: +43 1 981 850, Email: connect@swatch.at
We are registered in Austria in the company register of the Commercial Court of Vienna under the company register number 45845w. Our VAT identification number is: ATU 14773100.
2. Your status
2.1 By placing an order through our website, you warrant the following:
2.1.1 You are competent to enter into legally binding contracts;
2.1.2 You are at least 18 years old
3. Purchase of goods, order process, storage of order data
3.1 Your order of a product on this website shall be deemed an offer to purchase the product in accordance with these Terms and Conditions of Sale and Delivery.
3.2 After you place an order, you will receive an email from us confirming that we have received your order. Please note that this does not mean that your order has been accepted.
3.3 We do not accept any liability for any errors in images or spelling on this website, including any errors in the gift card message you enter during the ordering process. We reserve the right to reject any gift card message that we, in our sole discretion, deem indecent, offensive or otherwise objectionable.
3.4 Orders are subject to acceptance by Swatch
3.5 If the ordered products are not available, we will notify you by email and you have the choice to wait until the item is available from stock or cancel the order.
3.6 We confirm the acceptance of your order by sending you an order confirmation by email. This concludes a binding contract between you and us. If you do not receive a declaration of acceptance or delivery of goods within one week, you are no longer bound to your order.
3.7 The contract relates only to those products whose shipment we have confirmed in the order confirmation. We are not obligated to ship any other products that may have been part of your order unless shipment of such products has been confirmed in a separate order confirmation.
3.8 After the order process is completed, we store each order, with the exception of payment details, on our servers. If you have created an account in the online store, you can view orders in your account at any time. If you have not used an account for your order or do not have an account (express order), you can receive the order details at any time via email to connect@swatch.at from our customer service.
4. Price and payment
4.1 The price of a product corresponds to the respective information on this website, except in cases of obvious errors. The prices quoted include VAT at the current percentage rate and all other taxes and surcharges, but not any shipping costs; these are shown separately next to the offer. Before the order is placed, the individual prices, including any shipping costs incurred, will be shown again separately and as a total price.
4.2 Our website contains a large number of products, and even though we make our best efforts, it is always possible that some of the products listed on our website are not listed with the correct price. We normally verify the accuracy of prices as part of our shipping process. If the correct price of a product is lower than the price we list, we will charge the lower amount when shipping the product. If the correct price is higher than the price listed on the website, we will, at our discretion, either contact you before shipping the product or reject your order and notify you of such rejection.
4.3 We are not obligated to deliver a product to you at an incorrect (lower) price if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as an incorrect price, even if we have already sent you an order confirmation with the incorrect price.
4.4 The payment methods displayed at the end of the ordering process are available to you, such as credit or debit card or PayPal. We will specify the price to be paid by you in the order confirmation.
4.5 The data entered during payment will not be stored by us, but may be stored by the respective selected payment provider. The respective data protection conditions of the payment service provider apply. The data is transmitted in encrypted form. We may implement the activation or deactivation of individual payment methods at any time and without prior notice. We may postpone the delivery of the products until the full payment has been received. If the payment provider refuses to authorize payment to us, we will not be liable for any delays or non-delivery.
5. Delivery, return costs
5.1 We will notify you of the shipping date (incl. tracking number) by means of a shipping notice. Delivery is generally made within 30 days from the date of the order, unless otherwise expressly agreed at the time of placing the order.
5.2 The place of delivery is as stated in the order confirmation. We only deliver within Austria/Slovakia. For practical reasons, we can send several products from the same order in several partial shipments if this is reasonable for you; we will inform you of this with the shipping notification.
5.3 If we are unable to meet the estimated delivery date specified in the order confirmation and the corrected delivery date is no longer within 30 days of the date of your order, we will contact you immediately to notify you of the new delivery date. If you reject the corrected delivery date and we are unable to deliver the product(s) within 30 days of the original date of your order or before the specific agreed delivery date, if any, you may cancel the order without charge and receive a full refund of the purchase price paid. If multiple products are delivered in partial shipments, those partial shipments will be delivered within 30 days of order placement, unless otherwise expressly agreed at the time of order placement.
5.4 If you exercise your right to withdraw from the contract in accordance with Section 7 of these Terms and Conditions of Sale and Delivery, you undertake to bear the direct costs of returning the goods.
6. Transfer of ownership
6.1 Title to the product will pass to you upon payment in full of the purchase price (including shipping charges) or upon delivery of the product, whichever occurs later. We may reclaim delivered products at any time before title passes if you breach these Terms of Sale and Delivery.
7. Information about the right of withdrawal
Right of withdrawal
7.1 As a private customer (consumer) you have the right according to § 11 FAGG to withdraw from contracts concluded with us without giving reasons within the period of 14 days. The withdrawal period shall generally begin on the day on which you or a third party not acting as a carrier and named by you have obtained possession of the goods, if you have ordered several goods as part of a single order, which are delivered separately, on the day on which you or a third party not acting as a carrier and named by you have obtained possession of the last delivered goods, in the case of delivery of goods in several partial consignments, on the day on which you or a third party not acting as a carrier and designated by you have acquired possession of the last partial consignment, in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which you or a third party not acting as a carrier and designated by you have acquired possession of the goods delivered first.
To make use of your right of withdrawal, please use the return form already enclosed with your order with a prepaid return label from DHL. DHL Express will pick up your package free of charge at your desired address at a desired date. To do this, proceed as follows:
Open the page www.dhl.at/express
Click on BOOK COLLECTION
Enter your DHL shipment number (the so-called WAYBILL number below the barcode) and your phone number.
Enter your data and the desired pickup address and book your desired date.
If you have any questions about the pickup, please call the DHL Service Hotline at: 0820/550505.
Alternatively, you can return your order in one of our Swatch Stores in Austria!
To comply with the withdrawal period, it is sufficient that you have sent the goods before the expiry of the withdrawal period. (Keep the collection bill from DHL as proof). Returning the goods without comment does not constitute a sufficient declaration of withdrawal. The withdrawal of the purchase of personalized/individualized products is excluded!
If we have not fulfilled our information obligations about the right of withdrawal, the withdrawal period is extended by twelve months. If we make up for our information obligations about the right of withdrawal within twelve months, the period ends within 14 days from receipt of this information.
8. Resignation consequences
8.1 If you withdraw as a consumer after legally effective from the contract, a full or partial refund of the purchase price takes place only step by step against return of the goods delivered to you. The direct costs of the return are to be borne by you. The goods should be returned or handed over to The Swatch Group (Österreich) GmbH, FAO Logistik (Swatch Online Shop), ARES Tower, Donau-City-Strasse 11, 18th floor, 1220 Vienna, in unused, new and resalable condition - if possible in original packaging - without delay, at the latest within 14 days from the day on which you informed us of your withdrawal from the contract. For items that are impaired by signs of use, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned. The same applies if promotional gifts, accessories or parts are missing when the goods are returned.
8.2 If you withdraw from this contract as a consumer, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
8.3 A set containing several Swatch watches can only be credited as a whole and in original condition - warranty cases excluded.
9. Guarantee
9.1 In the event of damage or defect to products, Swatch will, at its sole discretion, promptly repair the product or send you a replacement product after the damaged or defective product has been returned.
9.2 Warranty for watches: All watches offered for sale on this website are issued with Swatch Ltd's 24-month international warranty against defects in materials or workmanship. For the full terms of the warranty, please refer to the international warranty certificate supplied with each watch.
9.3 Warranty claims can be made either at an authorized Swatch dealer or by returning the product to Swatch. Warranty claims must be accompanied by proof of purchase with confirmation of the date of purchase. The following receipts are accepted as proof of purchase:
9.3.1 An international warranty certificate with stamp and date,
9.3.2 The original purchase receipt or delivery bill,
9.3.3 A bank or credit card statement.
9.4 If no proof of purchase is available, we will provide a warranty on a product based on the length of time it has been available, at most.
9.5 Returns of products under this warranty must be sent by parcel post to the following address: The Swatch Group (Österreich) GmbH, FAO Logistik (Swatch Online Shop) ARES Tower, Donau-City-Strasse 11, 18th floor 1220 Vienna
9.6 This warranty in no way limits the warranty rights to improvement, replacement, price reduction, rescission and damages to which the purchaser is entitled by law.
10. Disclaimer
10.1 Swatch shall be liable for claims for damages based on warranty and other legal grounds - in particular claims based on tort, organizational culpability, culpa in contrahendo or any other claims based on culpability for breach of duty - only to the extent that Swatch or its vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of material contractual obligations or claims under product liability law. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely. The above exclusion of liability for cases of ordinary negligence shall not apply to damages resulting from injury to life, body or health; as well as in the case of the assumption of a quality guarantee or the fraudulent concealment of a defect. In these cases, Swatch shall also be liable in the event of simple negligence on the part of its legal representatives or its vicarious agents.
11. Others
11.1 Transfer of rights and obligations. The contract between you and us is binding on you and us and on our respective successors in title. You may not transfer, assign, encumber or otherwise dispose of the right to delivery of the ordered goods under this contract without our prior written consent.
11.2 Severability Clause. If any provision of these Terms and Conditions of Sale and Delivery is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.
11.3 Electronic Communication. If you use our website, you agree that communication with us - to the extent permitted by law - may take place electronically. We will contact you by email at the email address you provide or write to you by mail at the address you provide.
11.4 Swatch Contact Address. All notices addressed to us must be sent to The Swatch Group (Österreich) GmbH, ARES Tower, Donau-City-Strasse 11, 18th floor, 1220 Vienna or to connect@swatch.at.
11.5 Place of Jurisdiction. With entrepreneurs, the place of jurisdiction for all legal disputes arising from these Terms and Conditions of Sale and Delivery and the contractual relationships shall be the competent court for 1010 Vienna. Swatch is also entitled to assert claims before the competent court at the registered office of the entrepreneur.
11.6 These Terms and Conditions of Sale and Delivery shall be governed by the laws of the Republic of Austria. Contractual language is German/English.
11.7 The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.8 Waiver
If at any time during the term of the agreement with you we fail to insist on performance of any of your obligations under the agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this will not constitute a waiver of those rights or remedies and will not relieve you of compliance with your obligations. Any waiver by us of any claim arising out of any failure to perform or any defective performance shall not be deemed a waiver of any claim arising out of any subsequent failure to perform or any defective performance. No waiver by us of any of these rights shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the contact information above.
