Terms and Conditions of Sale and Delivery

Area of validity Online Shop

1. General remarks

1.1 These terms and conditions of sale and delivery apply for the sale and delivery of products listed on this website to customers in Switzerland and Liechtenstein. Please read these terms and conditions of sale and delivery carefully before ordering any products from this website. By ordering our products, you agree to the following terms and conditions.

1.2 Please click the “I accept TITONI’s Terms and Conditions of Sale and Delivery as well as their Terms of Use“ button at the end of the ordering process if you agree to these terms and conditions of sale and delivery as well as the terms of use, which can be retrieved separately on our website. Please understand that you will be unable to order any products from this website if you reject these terms and conditions of sale and delivery and the terms of use.

1.3 This website is operated by TITONI AG, Schützengasse 18, 2540 Grenchen, Switzerland. Phone: +41 32 654 57 00. Email: info@titoni.ch.

2. Your status

2.1 By placing an order on your website, you confirm the following:

2.1.1 You have the legal capacity to conclude legally binding contracts.

2.1.2 You are at least 18 years of age.

2.1.3 You are a natural person and are buying the products for a non-commercial purpose.

3. Purchase of goods, ordering procedure

3.1 Your order for a product from this website is considered as an offer to purchase the product in accordance with these terms and conditions of sale and delivery.

3.2 Once you have placed an order, you will initially receive an email from us confirming that we have received your order. Please note that this does not yet mean that your order has been accepted.

3.3 Orders only become binding upon their acceptance by TITONI.

3.4 We will confirm acceptance of your order by sending you an order confirmation by email. A binding contract then comes into effect between yourself and TITONI.

3.5 The contract only relates to those products whose dispatch has been confirmed in the order confirmation. We are not obligated to deliver other products that may have been a part of your order unless the dispatch of these products has been confirmed in a separate order confirmation.

4. Price and payment

4.1 The price of a product is as shown on this website, except in cases of obvious errors. The quoted prices include the currently valid VAT. All of the prices are in CHF unless otherwise specified.

4.2 We are not obligated to deliver a product to you at an incorrect (lower) price, even if we have already sent you an order confirmation with the incorrect price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised as such by yourself.

4.3 Payment can be made by the payment methods mentioned during the ordering procedure.

4.4 All credit card holders are subject to validation and approval by the card issuer. We are entitled to exchange with third parties the personal data of the credit card holder that is needed for these checks. If the card issuer refuses approval of the payment, we cannot be held liable for any delays or non-deliveries.

5. Delivery

5.1 We only deliver our products to Switzerland and Liechtenstein. All deliveries will be made within 5 to 7 working days of the order date, unless expressly agreed otherwise at the time the order is placed.

5.2 The place of delivery is as shown in the order confirmation. We may send multiple products from the same order in a number of partial shipments for practical reasons; you will be informed of this in the shipping notice. If this would result in an increase in shipping costs, we will not proceed with the shipment without your approval unless you were already informed of these higher shipping costs upon conclusion of the contract.

6. Transfer of ownership and risk

6.1 Ownership of the ordered product will only be transferred to you on payment in full of the purchase price and/or delivery of the product to the agreed delivery address. We are entitled to reclaim delivered products at any time before the transfer of ownership; you will be reimbursed for any costs you have already paid.

6.2 The risk for the product is transferred to you on delivery to the specified delivery address. Risk within the meaning of this clause means the responsibility for any damages suffered by the product or that are incurred through its use, handling or storage.

7. Right of cancellation

7.1 You can cancel your order in writing (e.g. letter, fax, email) or by returning the undamaged goods with all accessories in the original packaging within 14 days without giving any reasons. This period begins on the day following receipt of the goods. The cancellation deadline will be deemed to have been met if the cancellation notice or goods are dispatched in due time. The cancellation notice should be sent to: TITONI AG, Schützengasse 18, 2540 Grenchen, Switzerland. Email: info@titoni.ch. Phone: +41 32 654 57 00.

7.2 In the event of an effective cancellation, we will reimburse the price paid provided the goods have not been used and arrive at TITONI in their original condition.

8. Warranty

8.1 In the event of any product damage or defect for which we, as the manufacturer, can be held responsible (in particular material or manufacturing faults), TITONI will, within the scope of the warranty period and terms listed below, either repair the product immediately at no charge or send you a replacement product, at our own discretion, once the damaged or faulty product has been returned. This warranty obligation does not cover damages or defects caused by yourself or third parties, in particular damages or defects resulting from improper use. In such cases, replacement or repair will be at the owner’s expense.

8.2 Warranty for watches: All watches offered for sale on this website come with TITONI AG’s 24-month international warranty for material or manufacturing faults. The complete warranty terms can be found in the international warranty certificate enclosed with every watch.

8.3 Warranty claims can be asserted by returning the product to TITONI. Warranty claims must be accompanied by proof of purchase or the delivery note with confirmation of the date of purchase/delivery. The following documents will be accepted as proof of purchase:

8.3.1 An international warranty certificate with stamp and date,

8.3.2 The original purchase receipt or delivery note,

8.4 Products returned under the terms of this warranty must be sent by parcel delivery to the following address:
TITONI AG
Schützengasse 18
2540 Grenchen

8.5 This warranty in no way limits the buyer’s statutory warranty rights to supplementary performance, reduction in price, withdrawal from the contract and compensation for damages, except with respect to TITONI’s right of choice between repair and replacement.

9. Liability

9.1 TITONI is only liable for compensation claims arising from the warranty and other legal grounds – in particular tort, organizational fault, negligence in signing a contract or any other fault-based claims based on breach of duty – insofar as TITONI or its vicarious agents is culpable of intent or gross negligence, or the liability is based on claims under the legislation governing product liability or any other mandatory legal provisions.

10. Data privacy

10.1 TITONI’s data protection provisions as contained in the terms of use apply for this delivery relationship. 

10.2 The data collected from you during the purchase transaction will only be used to manage the sale, unless we have expressly declared otherwise. This data will be kept by us under the regulations applicable to commercial accounting. Your data will not be disclosed to third parties, except for any statutory obligations requiring its transfer to official authorities. TITONI reserves the right to send you further information and advertising about TITONI products and events at a later point in time, with an opt-out clause.

11. Miscellaneous

11.1 Transfer of rights and obligations. The contract between you and us is binding for you and us and for our respective legal successors. You may not transfer, assign, encumber or in any other way dispose of the right to delivery of the goods ordered under this contract without our prior written consent.

11.2 The separate terms of use of TITONI are an integral part of this delivery relationship. In case of any discrepancies between these terms and conditions of sale and delivery and the terms of use, the former shall have precedence.

11.3 Severability clause. Should a clause in these terms and conditions of sale and delivery be or become invalid or unenforceable, this will not affect the validity of the remaining clauses.

11.4 Electronic communication. By using our website, you are consenting to the use of electronic means in communication with us – as far as this is legally permissible. We will contact you per email using the email address you provide or contact you per post at the address you provide.

11.5 Contact address for TITONI. All communication directed to us should be sent to TITONI AG, Schützengasse 18, 2540 Grenchen, Switzerland or to info@titoni.ch.

11.6 Place of jurisdiction and applicable law. These terms and conditions of sale and delivery are governed by Swiss law without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.

11.7 To the extent permitted by law, Grenchen shall be the exclusive place of jurisdiction for all disputes arising from these terms and conditions of sale and delivery. Alternatively, TITONI is also entitled to bring legal action at the customer’s domicile.

 

Grenchen, August 2019

TITONI Ltd.

 

 

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