General Terms and Conditions
1. Scope of application / Deadlines
1.1 All purchases and deliveries via our Internet shop www.fortis-watchshop.com are made exclusively under these General Terms and Conditions. Terms and conditions conflicting with or deviating from the following provisions shall have no application.
1.2 Insofar as the term “Consumer” is mentioned in these General Terms and Conditions, this shall refer to any natural person for whom the purpose of the order can be attributed to neither a commercial nor independent professional activity.
1.3 If deadlines are specified on working days, these shall include all weekdays except Saturdays, Sundays and public holidays in the canton of Solothurn/Switzerland.
2. Access data and use of the online shop
2.1 When you enter your personal data required for the order, you are responsible for the truthfulness and completeness of the information. You are obligated to treat the personal access data as confidential and not make this available to any unauthorized third party. Confirmation of registration takes place immediately after sending the application by clicking the appropriate button. Orders using your access data shall be binding for you.
2.2 We are not obliged to accept the registration or the order of a registered customer or to enable their guest access. We are also not obligated to keep our offer permanently available.
2.3 We endeavor to keep the online shop constantly available. In the case of maintenance work, it may happen that the online shop is temporarily unavailable. We thus reject all liability for any possible data loss.
2.4 We shall treat your access and personal data as confidential. With your permission, however, we may use this for our own promotional purposes and forward it to our distribution partners for the processing of the order.
3. Storage capability and access to contract text
3.1. You can view, print or save these General Terms and Conditions on our website www.fortis-watchshop.com, under T&C (“Sales Terms”).
3.2. Your order will be confirmed to you automatically by email after the completion of your order to the email address you provided. This order confirmation email will contain your order details.
3.3. We will store your data, but for security reasons you will not be able to retrieve it directly. We offer every customer password-protected direct access to “Fortis Lounge” (“My Account”). After corresponding registration, you will able to view here information about your completed, open and recently dispatched orders and manage and store your address data, any payment data, and any possible newsletters.
4. Conclusion of contract
4.1 By clicking the button “Confirm”, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order occurs immediately after sending the order. We shall also inform you about the progress of your order.
4.2 A binding contract does not occur for us until the ordered goods are dispatched.
4.3 Delivery of the ordered goods occurs only after the full sum of the purchase price has been credited to our account. If we have not received your payment within 10 days of the order confirmation, we shall withdraw from the contract with the consequence that your order will be invalidated and we shall have no obligation to deliver.
4.4 For New Releases we can't guarantee the normal delivery terms, but instead, due to delivery problems or deferred delivery, request a delivery time of 8 to 10 weeks. As soon as the products are ready for shipping you will be informed via email. Thanks for your understanding.
5.1 For orders in our Internet shop the prices quoted in the offer at the time of ordering shall apply.
5.2 The prices quoted are in Swiss francs (CHF), euros (EUR), US dollars (USD), pounds (GBP) or Australian Dollar (AUD).
5.3 The prices quoted are inclusive prices, i.e. they include statutory applicable VAT and shipping costs.
5.4 Due to technical updates or changes it might happen that prices are shown incorrect (wrong currency, wrong amount, etc.). If so we are not obliged to accept the orders placed by customers. In such cases we will inform the customer via email. If the customer paid already we will refund the amount back to the customer the same way the payment has been done.
6. Shipping costs and customs duties
6.1 We assume the shipping costs.
6.2 For deliveries abroad we assume the customs duties via the DTP settlement procedure of the respective logistics partner. Due to regional changes additional customs fees may apply; these shall be charged to you.
7.1 We offer payment by credit card, bank transfer and PayPal. For every order, we reserve the right not to offer certain payment types and to refer you to our other payment types.
7.2 In the case of purchase by credit card, your credit card account shall be debited upon completion of the order.
7.3. Bank and/or transfer costs shall be borne by the Consumer.
8. Delivery, delivery times and delivery partners
8.1 Goods available directly in stock shall be delivered immediately upon receipt of payment, generally within a maximum of five working days. We shall advise you of any different delivery times. In some countries, delivery is made via a Fortis delivery partner; this might possibly extend the delivery times.
8.1.1. Orders from and to Germany cannot be placed at the moment. Please contact our sales partner in Germany for exclusive orders.
8.2 We use DHL Express or FedEx for the deliveries. Shipping occurs with insurance and EXW Grenchen, Switzerland (ex works, Incoterms 2010). For Consumers from the EU, the risk of accidental loss and accidental deterioration of the goods sold with sales shipment passes to the Consumer or to a recipient specified by the latter upon delivery of the goods. This applies regardless of whether the shipment is made with or without insurance.
8.3 Should the goods be unavailable, we will refund any advance payment immediately and in full.
8.4 Delivery times shall be extended appropriately in the case of circumstances of force majeure impeding delivery. Force majeure includes circumstances such as strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks and operational hindrances for which we are not responsible, caused for example by fire, water and damage to machinery, and any other obstructions, which when considered objectively have not been culpably caused by us. We shall inform you of the beginning and end of such hindrances as soon as possible. If the impediment to performance in the aforementioned cases lasts for a period of more than four weeks after the originally applicable delivery times, you shall be entitled to cancel the contract. There shall be no further claims, especially claims for damage compensation.
9. Right of return
9.1 For all purchases there shall be a right of return period of 14 days from receipt of goods. You shall bear the costs of this return shipment. You can find the appropriate form on our website.
9.2 You can cancel the contract by returning the goods to us via DH, UPS or FedEx within 14 days of receipt of goods (period beginning on the day following receipt of the goods) including return form, original packaging and warranty certificates. The timely dispatch shall be sufficient to meet the deadline. A precondition for exercising the right of return, however, is that you have worn the goods only for the purposes of trying them on, as in a retail store, and that you return the goods complete and undamaged. We also request that you return the goods to us in their original packaging to the following address:
Fortis Uhren AG
Form of return
9.3 If there are scratches or wear on the goods, we reserve the right not to accept these back and to return them at the cost of the customer. If the returned goods are accepted, repayment shall be made in all cases to the account you used for payment. Please make sure that you have access to the bank account specified, because Fortis Uhren AG assumes no liability in this respect.
10. Inspection and warranty
10.1 Any notices of defects and defective goods should be sent within 14 days via DHL, UPS or FedEX with a written statement of the defects, including original packaging and warranty certificates, to the following address:
Fortis Uhren AG
10.2 In all other respects the warranty rules according to the Swiss Code of Obligations and warranty certificates of Fortis Uhren AG shall apply. Membership of the “Fortis Lounge” offers you the opportunity to extend the warranty period by one year free of charge.
11. Applicable law, place of jurisdiction
11.1 Swiss substantive law shall apply under exclusion of the provisions of the Vienna Sales Convention.
11.2 The place of performance and exclusive jurisdiction for all disputes arising in connection with our deliveries and from the relationship between us and the Consumer shall be Grenchen (Switzerland). We shall, however, also be entitled to sue the customer at their respective place of residence.
Grenchen, May 2016