July 2022
The following General Terms and Conditions govern all online offers, sales and purchases of products and/or services through the website(s) currently located at www.Elkawatch.ch. These terms hereby incorporate the website Terms of use and Privacy Policy applicable to the website.
The website www.Elkawatch.ch is operated and the General Terms and Conditions were issued by ELKA Watch Co. Sàrl, Rue du Musée 4, 2000 Neuchâtel, Switzerland, (“Elka Watch Co.”, “We", “Us”, “Our”).
Please read these General Terms and Conditions carefully. These General Terms and Conditions are applicable to any order placed through the website or by Elka Watch’s Customer Service. Please note that before placing an order for products or services, you will be asked to agree to these General Terms and Conditions. If you do not agree to these General Terms and Conditions, then you will not be able to order any products or services through the website.
Elka Watch Co may at any time revise these General Terms and conditions. You are bound by any such revision and should therefore periodically visit this page to review the current terms to which you are bound.
1.IDENTITY
ELKA Watch Co. sàrl
Rue du Musée 4 CH-2000 – Neuchatel
VAT: CHE-448.061.137
Registered in the Neuchâtel (Switzerland) Register of Commerce and Companies under the number
CHE-448.061.137
If you have any questions or comments, please contact us :
ELKA Watch Co.
Rue du Musée 4 CH-2000 – Neuchâtel
SWITZERLAND
Telephone : +41 79 500 91 13
Email : info@elkawatch.com
www.elkawatch.ch
2.APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE
2.1 The version of these general terms and conditions of sale which shall apply to Customers is the version displayed on the website at the time their order is placed.
Historical versions of these general terms and conditions of sale are archived by ELKA Watch Co.These general terms and conditions of sale may be updated or deleted at any time.
2.2 Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these General Terms and Conditions.
2.3 By placing an order via the website www.elkawatch.ch, you represent and warrant that you are an end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
3.PRODUCT AVAILABILITY & QUANTITY
3.1 The products offered for sale by Elka Watch Co., are those that appear on the website www.Elkawatch.ch at the time of the Customer consulting the website.
Products are offered for sale subject to available stock. Although the stock is displayed in real time on the website www.elkawatch.ch, a product may be missing (inventory error or other). Under these conditions, Elka Watch Co. undertakes to inform the Customer via any means at its convenience as soon as possible after the order is placed.
In this case, Elka Watch Co. may, in agreement with the Customer, organise a new delivery date in accordance with its restocking. Where no agreement can be reached or it is impossible to make the ordered product available, Elka Watch Co. will proceed to reimburse the amount paid by the Customer with the latter not being entitled to any compensation.
3.2 Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
4.ORDERS
4.1 Placing an order
The order process comprises the following steps:
1: Place items in the basket.
2: The information communicated by the Customer within the framework of opening his/her customer account or when placing his/her order must be complete, accurate and up to date. Failing this, Elka Watch Co. will not be able to process orders correctly. If the Customer does not wish to communicate such information, Elka Watch Co. will not be able to respond favourably to his/her order.
3: Consult the general terms and conditions of sale.
4: Accept the General Terms and Conditions of sale by ticking the box 'I accept the general terms and conditions of sale".
Step 5: Confirm the order with payment obligation.
The Customer will receive confirmation of his/her order via email.
All orders placed by the Customer via this process imply full and irrevocable acceptance of the present terms and conditions.
4.2 Order confirmation
In accordance with the applicable regulations, the contractual information will be subject to confirmation in due course and at the latest at the time of delivery, via email at the email address indicated by the Customer on the purchase order.
This confirmation message will include the following information:
- details of the products;
- the order reference number;
- the total value of the order (price + shipping fees);
It is the Customer's responsibility to keep the contractual information in the medium of his/her choosing.
Elka Watch Co. reserves the right to refuse orders if payment authorisation is not successful, if the address provided is wrong or if any other problem should arise with the Client's account. In this case, Elka Watch Co. will inform the Customer of this via email.
Orders will only be considered definitive when:
- Payment of the full amount by the Customer;
- Elka Watch Co. confirms the availability of the products in question, this verification being performed as soon as possible following the email confirming reception of the order placed by the Customer.
For the placing of orders, working hours are from Monday to Friday from 09:00 to 12:00 and from 13:00 to 17:00, excluding public holidays
5.RETURNS AND EXCHANGES
RIGHT TO CANCEL:
5.1 You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the day of purchase, without incurring any other costs. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.
5.2 To cancel the contract, you must inform us of your decision to rescind this contract by an unequivocal statement by writing to Elka Watch Co.’s Customer Service. You may send us your rescission by e-mail, in which case we will communicate to you an acknowledgement of receipt of your cancellation request by email-If you haven't received it, please do not send your good back, till reception of our aknowledgment.
RETURN PROCESS
5.3 Products that have been purchased through the website www.elkawatch.com may only be returned to us at Elka Watch Co. , Rue du Musée 4, 2000 Neuchâtel, Switzerland. To return a product to us, you must follow the steps mentioned below:
You can make a return request within 14 days from the date of purchase. Please reach our Customer Service to validate your return by email (info(@)Elkawatch.com) or by phone on +41 (0)79 500 91 13 between 09:00 -12:00 ,13:00-17:00 from Monday to Friday, you may send us a rescission e-mail. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product.
You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, all documents, in their original box.
Any watch or strap that fails quality inspection from Customer Service (scratches, worn, damaged) will be returned to you and no refund will be issued. Watches with rubber straps that are sized (cut) are not returnable or exchangeable.
Shipping & handling fees and bank transfer fees are non-refundable, except for defective or wrongly shipped items.
5.4 You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by Elka Watch Co. will be eligible for a refund.
CONDITION OF RETURNED PRODUCTS
5.5 We will verify that the returned product satisfies the conditions of the returns and exchanges policy and, if so, then proceed with the applicable refund or exchange.
5.6 Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
5.7 If you have received free items as part of your order, they must be returned with the products.
5.8 Returns are subject to a quality control once received. Refund or exchange will take place only if the quality control is successful. If the products do not meet quality control standards, we will refuse the return, and the products will be returned to you.
Refund: Once we receive your return package, we will confirm that the returned product satisfies the conditions of the return policy. We will process and issue your refund to the original form of payment within 14 days of receiving the return package. The amount refunded will be the amount received (i.e. the amount after deduction of credit card charges and exchange rates).
Exchange: Once we receive your return package, we will confirm that the received product satisfies the conditions of the return policy. We will process and issue your exchange within 14 days of receiving the return package.
6. LIABILITY
6.1 Under no circumstances can Elka Watch Co. be held responsible for failure to fulfil its obligations as a result of unforeseen events and/or incidents of force majeure as generally defined by the law and the Swiss courts, or for other reasons beyond the company's control.
In any case Elka Watch Co.'s liability is limited to the price of the product sold unless otherwise specified in a mandatory legal provision.
6.2 Furthermore, and within the boundaries of the applicable regulations, Elka Watch Co. cannot be held liable for any direct or indirect immaterial damage incurred as a result of accessing our website.
6.3 It is also recalled that hypertext links placed on www.elkawatch.ch may redirect the user to other websites the content of which remains under the sole responsibility of the owners of these websites.
7.GENERAL PROVISIONS
7.1 These General Terms and Conditions (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
7.2 We are not responsible for any failure or delay in performing or complying with our obligations under these General Terms and Conditions which arises from any cause beyond our reasonable control.
7.3 This contract is between us and you. No other person shall have any rights to enforce any of its terms.
8. WHOLENESS
8.1 In the event that any of the clauses contained in this contract should be rendered null and void by a change in legislation or regulations, or by a legal ruling, this shall in no way affect the validity or applicability of the remainder of these general terms and conditions of sale.
9.GOVERNING LAW
9.1 These terms and conditions are covered by Swiss law. This applies to both substantive and formal rules.
9.2 Under no circumstances does Elka Watch Co. give any guarantee of compliance with local legislation that would be applicable when the Customer accesses the website from another country.
9.3 In the event of a dispute, and if an amicable solution cannot be found, the case will be submitted to the competent Swiss court.
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1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products and/or commence provision of services to you without undue delay, and in any event within 30 days from the date of our written confirmation of order & shipment.
2 If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written confirmation of order & shipment or any other time limit as indicated by us, you may contact Elka Watch Co.’s Customer Service to cancel the relevant order and get a refund of any sums you prepaid us for any products which you have not received.
3 Upon termination of the contract in accordance with clause 6.2, we shall reimburse you all sums paid under the contract. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you prepaid us for any products which you have not received.
4 When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
5 Orders are shipped during working hours are from Monday to Friday from 09:00 to 12:00 and from 13:00 to 17:00, excluding public holidays. If any products in your shopping cart indicate “Pre-Order“ as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation email with carrier tracking information on the day that your order ships. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the website www.elkawatch.com.
All shipments are made by an independent third party carrier indicated on the website www.elkawatch.ch. We will inform you by email upon shipment of a product.
6 The title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.
7 Title to all products shall only pass to you when we have received final payment in full.
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1 The payment is carried out online by bank card either via PayPal or via the Elka Watch Co. partner bank. Delivery documents will be placed inside the package containing the products ordered.
An order will only be considered definitive once the buyer has confirmed it by paying the corresponding price.
For bank card payments made via the website, Elka Watch Co. uses the secure payment service provided by our banking partners. All information transmitted from the www.elkawatch.ch to the payment system is systematically encrypted in order to ensure confidentiality. All payments made by bank card via the website are processed immediately.
2 Sales, use or other taxes will vary based on the location to which products are being shipped.
3 We reserve the right to modify prices and delivery costs at any time without prior notice.
4 We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the products offered through our website www.elkawatch.com or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
5 The delivered product remains the property of Elka Watch Co. until full and actual payment is received from the Customer. If clients fail to pay for their orders, Elka Watch Co. will be entitled to demand the return of the products in question.
The transfer of risks of loss or deterioration to the Customer occurs on the delivery date of the product, meaning the reception of the product by the Customer.
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