Terms of service
General Terms and Conditions of Business
1) Scope
1.1 These General Terms and Conditions of Business (hereinafter: GTC) of Grovana Uhrenfabrik AG (hereinafter: Vendor) apply to all contracts for the supply of goods, concluded by a consumer or entrepreneur (hereinafter: Customer) with the vendor with respect to the goods displayed by the vendor in its online shop. The inclusion of the customer's own conditions is hereby repudiated, unless otherwise agreed. The vendor reserves the right to amend these GTC at any time. The definitive version is the version currently applicable on the date of ordering; this version may not be unilaterally amended.
1.2 A consumer within the meaning of these GTC is any natural person, who concludes a legal transaction for purposes which cannot predominantly be attributed to his commercial or independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or any partnership having legal capacity, which in concluding a legal transaction is dealing in the exercise of its commercial or independent professional activity.
2) Customer status
By placing an order through our website the customer guarantees the following:
2.1 He is competent to conclude legally binding contracts.
2.2 He is of the age of majority.
3) Conclusion of the contract
3.1 The product descriptions contained in the vendor's online shop do not constitute a binding offer on the part of the vendor, but serve for the issue of a binding offer by the customer.
3.2 The customer may issue the offer by using the online order form integrated into the vendor's online shop. In so doing, once he has placed the goods selected in the virtual shopping cart and has performed the electronic order process, by clicking the button, which concludes the order process the customer issues a legally binding contractual offer with respect to the goods contained in the shopping cart.
3.3 The vendor may accept the customer's offer within five days by sending the customer a written confirmation of order or a confirmation of order in textual form (e-mail), whereby receipt by the customer of the order confirmation is definitive.
The period for acceptance of the offer starts on the day subsequent to the despatch of the offer by the customer and ends on the expiry of the fifth day following the despatch of the offer. If the vendor does not accept the customer’s offer within the aforesaid period, this is deemed to be a refusal of the offer, with the consequence that the customer is no longer bound by his statement of intent.
3.4 Prior to the binding despatch of the order via the vendor's online order form the customer has the opportunity to read carefully the information displayed on the screen and to correct any input errors. Your browser's enlargement function, which allows you to enlarge the display on the screen is an effective technical solution to help you identify input errors more efficiently. The customer may correct his input data during the electronic ordering process, using the usual keypad and mouse functions, until he clicks the button, which concludes the order process.
3.5 The contract may be concluded in English or in German.
3.6 As a rule the order is processed and you are contacted by e-mail. The customer must ensue that the e-mail address provided by him for processing the order is a current address, which can receive e-mails sent by the vendor. In particular the customer must use spam filters to ensure that he receives all the e-mails sent by the vendor or third parties involved in the order process.
4) Guidance on Revocation and Revocation Declaration Form
Consumers have a right of revocation, whereby a consumer is any natural person, who concludes a legal transaction for purposes which cannot predominantly be attributed to his commercial or independent professional activity.
A. Guidance on Revocation
You have the right to cancel this contract within ten days without giving any reason. The revocation period is ten days from the invoice date. If you return the goods after the ten-day revocation period has expired, the seller reserves the right to retain or charge you for a portion of the listed purchase price, which we will determine at our discretion.
In order to exercise your right of revocation you must notify us (Grovana Uhrenfabrik AG, Bisnachtweg 42, 4456 Tenniken, Switzerland, Tel. +41 61 971 42 55, e-mail: info@grovana.ch) in an unambiguous statement (e.g. in a letter sent by post or in an e-mail) that you have decided to revoke this contract. You may use the attached Specimen Revocation Declaration Form, but this is not compulsory.
To safeguard the revocation it is sufficient to send the notification of the exercise of the rights of revocation prior to the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund to you all payments, which we have received from you without delay and at the latest within fourteen days from the date, on which the notification of your revocation of this contract was received by us. We refund your payment by the same payment method, which you used in the original transaction, unless otherwise expressly agreed with you; on no account are you charged a fee for this reimbursement. We are entitled to refuse to make the refund, until we have received the returned goods.
You must return or surrender the goods to us without delay and in any case within 10 days from the date, on which you notified us about the revocation of this contract. The period is complied with, if you despatch the goods prior to the expiry of the period of 10 days.
You shall bear the direct costs of returning the goods.
You must pay for any loss in value in the goods, only if this loss of value is attributable to handling the goods in a manner not required for checking the properties and condition, the features and mode of operation of the goods.
General instructions
1) Please prevent the goods from becoming damaged or contaminated. Please return the goods to us in the original packaging with all the accessories and all the packaging components. Where applicable use a protective outer packaging. If you no longer have the original packaging, please ensure that you provide packaging adequate to protect the goods from damage in transit.
2) Please do not return the goods to us carriage forward.
3) Please note that the foregoing points 1 and 2 are not pre-conditions for the effective exercise of the right of revocation.
B. Revocation Declaration Form
If you wish to revoke the contract, please fill out this form and return it to us.
To
Grovana Uhrenfabrik AG
Bisnachtweg 42
CH-4456 Tenniken
Switzerland
e-mail: info@grovana.ch
I /We hereby revoke the contract concluded by me/us regarding the purchase of the following goods (*): the performance of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (date) (*)/ performed on (date (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Consumer's signature (only for notification on paper)
_________________________
Date
(*) Delete where inapplicable
5) Prices and payment conditions
5.1 This online shop contains a large number of products and even if the vendor makes all reasonable efforts, it is nevertheless possible that some of the products listed on the website are not listed with a correct price. Normally the accuracy of the prices are checked as part of the delivery process. If the correct price of a product is lower than the price indicated, we invoice the lower amount on shipment of the product. If the correct price is higher that the price indicated on the website, the vendor shall at its discretion either contact the customer prior to shipping the product or refuse the order and notify the customer of this refusal.
5.2 The vendor is not obliged to supply a product at an incorrect (lower) price, if the price error is obvious and unmistakable and could reasonably have been identified as an incorrect price by the customer, even if an order confirmation had already been sent to the customer.
5.3 The specified prices are retail prices inclusive of shipping and packaging costs. The inclusion of Value Added Tax depends on whether you are ordering from Switzerland or from another country.
• In Switzerland, as well as shipping and packaging cost, the prices also include statutory Value Added Tax.
• For all other markets all the prices are exclusive of Value Added Tax. In this case the statutory Value Added Tax and any customs clearance costs are added on importation into your country. The shipping and packaging costs are included in the price.
5.4 In individual cases for deliveries to countries outside Switzerland further costs may be incurred, which are not attributable to the vendor and must be borne by the customer. For example, this include costs for currency exchange transactions through credit institutes (e.g. transfer charges, exchange rate fees) or import duties or taxes (e.g. Customs duties). When transferring money, such costs can also be incurred if the goods are not delivered to a country outside the European Union, but the customer makes payment from a country, which is outside the European Union.
5.5 The payment method(s) is/are notified to the customer in the online shop.
5.6 If prepayment by bank transfer is agreed, the payment is due immediately on conclusion of the contract, unless the parties have agreed a later due date.
6) Delivery and shipping terms
6.1 Unless otherwise agreed, the goods are delivered by the delivery route specified on the delivery address provided by the customer. In processing the transaction the delivery address provided by the customer during processing of the order is definitive.
6.2 If it is impossible to comply with the anticipated shipment time specified in the order confirmation, the customer is notified without delay and notified of the later delivery deadline. If the customer refuses the later delivery deadline, the latter can cancel the order without costs and shall be refunded the purchase price paid for the product(s).
6.3 If the forwarding agent returns the despatched goods to the vendor, because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful delivery. This shall not apply, if the circumstance, which caused the impossibility of delivery, cannot be attributed to the customer, or if he was temporarily prevented from accepting the service offered, unless the vendor had advertised the service to him a reasonable period previously. Furthermore, this does not apply with respect to the costs of the despatch, if the customer exercises his right of revocation. If the customer effectively exercises his right of revocation, the provision on return costs in the vendor's guidance on the right of revocation shall apply.
6.4 Collection by the customer is not possible on logistic grounds.
7) Retention of title
If the vendor provides advance performance, it reserves ownership of the goods supplied until payment in full of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.
8.2 Where goods are delivered with obvious transit damage, the customer is requested, to register a complaint with the delivery contractor and to inform the vendor thereof. If the customer fails to do so, this shall have no consequences whatsoever for his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers, which are issued by the vendor as part of advertising campaigns without charge and with a defined term of validity and which cannot be purchased by the customer (hereinafter: (Campaign Vouchers) may be redeemed only in the vendor's online shop and only within the specified period.
9.2 Campaign vouchers can be redeemed only by consumers.
9.3 Individual products may be excluded from the voucher campaign, provided that it is obvious from the content of the campaign voucher that such a restriction exists.
9.4 Campaign vouchers may be redeemed only prior to the conclusion of an order transaction. Subsequent offsetting is not possible.
9.5 Only one campaign voucher may be redeemed per order.
9.6 The value of the goods must equate at least to the amount on the campaign voucher. Any credit balance will not be refunded by the vendor.
9.7 If the value of the campaign voucher is not sufficient to cover the order, any of the remaining payment methods offered by the vendor may be selected to settle the difference in amount.
9.8 The credit on a campaign voucher will neither be paid out in cash nor will it yield interest.
9.9 The campaign voucher is not refunded, if the customer returns goods purchased in full or in part with the campaign voucher when exercising his statutory right of revocation.
9.10 The campaign voucher is transferable. With the effect of discharging the debt the vendor may serve the respective holder, who redeems the campaign voucher in the online shop. This does not apply, if the vendor is aware or by virtue of gross negligence is unaware of the ineligibility, the incapacity to contract or the respective holder has no right of representation.
10) Guarantee/ warranty
We certify that your Grovana watch is a product made in our manufacturing workshops. We use only high-quality materials. Your watch has been hand-crafted with the utmost care by our watchmakers, tested for precision and subjected to strict inspection. Your watch has left our workshop in immaculate condition.
Grovana Uhrenfabrik AG grants an international guarantee of three (3) years with effect from date of purchase for material and manufacturing defects. In this case we reserve the right to repair your watch without charge.
The international guarantee is valid only of the warranty card has been filled out in full, dated and bears the stamp of an official Grovana dealer.
The following are not covered by the guarantee:
• the life-time of the battery
• damage to the glass (scratches)
• defects, which have been caused indirectly by abnormal or improper use or by lack of maintenance, negligence or accidents (shocks).
•defects on the strap / bracelet (signs of wear)
11) Applicable law
The applicable law is Swiss substantive law to the exclusion of the UN and Vienna Sale of Goods Convention. Mandatory provisions of the State, in which the customer is ordinarily resident, remain unaffected.