General terms and conditions
General terms and conditions of sale and delivery.
Version 1.0 | 01.06.2019
1. General provisions
1.1 The shop.catorex.swiss online store is operated by the company Cattin & Cie SA, Montres Catorex (hereinafter referred to as CATOREX), registered at Rue du Pré au Maire 10, 2345 Les Breuleux, Switzerland. CATOREX is a brand of the company Cattin & Cie SA, Montres Catorex.
1.2 These General Terms and Conditions of Sale and Delivery are intended to define the contractual relationships between CATOREX and the buyer. All orders placed on shop.catorex.swiss entail the buyer’s complete and unconditional acceptance of these Terms and Conditions of Sale and Delivery. These Terms and Conditions of Sale and Delivery will always prevail over any other conditions not expressly approved by CATOREX.
1.3 CATOREX reserves the right to modify its Terms and Conditions of Sale and Delivery at any time. In such an event, the applicable conditions will be those in force at the moment of the order.
2. Your indications
2.1 By ordering an item through shop.catorex.swiss, you are thereby guaranteeing that the following conditions have been met:
2.2 You are entitled to enter into legally-binding contracts.
2.3 You are at least 18 years of age.
2.4 You are a natural person acting in good faith in your capacity as the end consumer, and that consequently you will not attempt to trade, sell or in any way distribute any CATOREX timepieces, nor will you purchase from CATOREX with the intent of resale or for any other commercial purposes.
2.5 CATOREX may refuse any order for legitimate reasons; for example if CATOREX has reason to believe that an order has been placed in breach of these General Terms and Conditions of Sale.
3.1 Registration is required in order to purchase items and enjoy certain services or features made available to you through shop.catorex.swiss.
3.2 When you register, you must provide your own details. They must be entirely correct, precise, current and complete.
3.3 In the event that your details change following your registration, please inform us immediately using the contact form found on the “contact” page of shop.catorex.swiss.
3.4 The password that you create for your account must be unique and stored safely. You must inform CATOREX immediately in the event that the security of your account is compromised or of any unauthorized use.
3.5 For more information on our use of your data, please see our confidentiality policy.
4. Price and payment
4.1 The prices of the timepieces featured on shop.catorex.swiss are net prices based on the Swiss Franc (CHF). The prices displayed in other currencies are converted from their base prices in Swiss Francs (CHF), which does mean that prices displayed in foreign currencies may vary.
4.2 Prices include DDP (Delivery Duty Paid) for Switzerland and the rest of Europe; timepieces are delivered to their agreed destination with customs duties and VAT included. For other countries, prices include DAP (Delivered at Place); timepieces are delivered to their agreed destination, but customs duties and VAT are excluded.
4.3 Some countries require extra customs/import duties in addition to the price displayed. At the moment of purchase our Website will indicate whether or not these fees are included in the total amount of your order.
4.4 CATOREX does not provide tax refund slips.
4.5 CATOREX reserves the right to modify its prices at any time; nevertheless, the price displayed on shop.catorex.swiss on the day of the order will always be the only one applicable.
4.6 Payment can be made by any payment method listed during the ordering process. Payment must be made before the delivery of any timepieces can occur.
4.7 Credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorize the holder to use the card. The personal data of the credit card holder required for this check may be exchanged with third parties. We cannot be held responsible for any delays or the non-delivery of the order in the event that the issuer of the card does not authorize the payment.
5. The order process
5.1 The ordering of a timepiece from shop.catorex.swiss is considered to be a bid to purchase a timepiece in compliance with these Terms and Conditions of Sale and Delivery.
5.2 Once an order is placed, a confirmation will be sent to your email address, stating that we have received and acknowledged your order. We must emphasize that this in no way means that your order has been accepted, as all orders are subject to the approval of CATOREX, which reserves the right to request the following prior to the acceptance of your order, with the aim of making transactions more secure and combating fraud: a) that you confirm - by telephone - certain information relating to your order, b) that you send proof of identity (e.g. photocopy of ID card).
5.3 In the event that these requests are not met within the stipulated time where required, CATOREX reserves the right to cancel your order, and CATOREX reserves the right to limit the quantity of CATOREX timepieces that a Customer can order in a single transaction.
5.4 You also agree that we can use this personal data to conduct appropriate anti-fraud checks. The personal data that you provide may be disclosed to a credit rating or anti-fraud agency, which may keep a record.
5.6 If the timepieces ordered are unavailable, you will be informed by email. You will then have the choice to wait for the item to be available, or to cancel the order.
5.7 We will confirm our acceptance of your order by sending an order confirmation by email. This will invoke a legally-binding contract between the two parties.
5.8 It is possible that we might be awaiting a delivery from our suppliers. For this reason, occasionally you may be offered the choice of paying in advance (pre-order) for certain timepieces. This process ensures that the delivery of your purchase will be a priority, as soon as the timepiece is available. Your rights in terms of advance purchases are identical to those relating to any other purchase from CATOREX.
5.9 Items in stock may be pre-assigned in order to honor pre-paid orders; customers who have made such a payment will receive their timepieces before customers who place orders on shop.catorex.swiss for immediate delivery.
5.10 It may be that we are unable to deliver a timepiece due to a problem relating to production or quality or due to events beyond our control. In such cases, we will inform you by email and you will then have the choice of waiting for the item to become available or cancelling the order.
6.1 The delivery address will match the data provided by the buyer, and which we will have quoted in the confirmation email for the order. In the event that you are not present for the delivery, a delivery notice will be left by the courier, and it will be your responsibility to collect the package from the location and in the time period stipulated therein. In the event that this time period elapses, the timepieces will be returned to CATOREX and it will be your responsibility to contact our customer service department to arrange for re-delivery at your expense.
6.2 The information provided by the buyer during the order process is the responsibility of said buyer. In the event of a mistake in the labelling of the recipient’s address, CATOREX will not be held responsible for the inability to deliver the timepiece, and if this error leads to the courier returning of the timepiece, it will be re-sent at the expense of the buyer.
6.3 Your package must be signed for upon receipt. If you have indicated a recipient other than yourself for delivery (for example, if it is a gift), you accept that the signature on the proof of receipt will come from the person in question.
6.4 The buyer is responsible for lodging a complaint with the courier in the event that the package arrives in poor condition.
6.5 All delivery times are estimates; they are provided on an indicative basis only, and begin from the date of shipment.
6.6 CATOREX is not responsible for:
- delays resulting from the process of customs clearance;
- the loss or theft of the package while it is in the hands of the courier;
- the delivery driver not asking you for a signature or signing in your place;
- any strike, shortage, adverse weather conditions or natural disaster which may be the cause of delays or the unsuccessful delivery of your order;
- delays resulting from delays or bottlenecks of our suppliers or their inability to deliver.
7. Transfer of ownership and risks
7.1 The timepieces ordered remain the property of CATOREX until their delivery to the address provided. The transfer of property takes place on that date. Consequently, CATOREX may require the return of any merchandise before the transfer of property, should the client contravene any of these general terms and conditions.
7.2 The transfer of risk occurs upon delivery (signed for upon receipt, except recorded mail). Said risks, in terms of this provision, relate to liability in the event of damage to the timepiece or damages brought about by its use, handling or storage.
8. Right of withdrawal / return / exchange
8.1 Prior to the transfer of your order to the courier, you have the right to withdraw from this contract at any time, without motive. You must send your declaration of withdrawal in writing using our returns form provided with your order.
8.2 After your timepiece has been passed to the courier, you have the right to withdraw from this contract without motive within 30 days of receipt. The right of withdrawal / return expires 30 days after the day that you yourself, or a third party other than the courier and appointed by you, take physical possession of the order.
8.3 You must send your return request in writing through our contact form found on the “contact” page of shop.catorex.swiss.
8.4 Returns must be sent using the return label provided by CATOREX. Packages returned directly to our offices will not be processed, and will be returned to the sender.
8.5 timepieces must be returned in original and perfect condition with all protective packaging and labels attached, as well as the safety notices and stickers attached to them, and will be subject to quality control and operational testing. You must take care with the timepiece when you inspect it. In the event of wear and tear in the timepiece, compensation will only be required if the damage has been caused by use exceeding what is necessary to establish the quality, characteristics and functionality of the timepiece. In order to establish the quality, characteristics and functionality of the timepiece, the Customer must only handle and inspect it in the manner they would be allowed to in a store.
8.6 Failure to return the original CATOREX box or special packaging in good condition will give CATOREX the right to retain the corresponding value from the reimbursed amount.
8.7 All returns or exchanges will be subjected by CATOREX to rigorous Quality Control (QC) in order to ensure that the returned timepiece is in keeping with the requirements for return. If the inspected timepiece does not meet Quality Control standards, CATOREX may also require the Customer to pay for the damages.
8.8 The Customer will be responsible for any loss of value sustained by the timepiece as a result of any handling of the timepiece contrary to civil law principles, such as good faith and unjust enrichment. As a result, if the timepiece is damaged or destroyed, CATOREX will deduct the cost of reconditioning or replacement from the amount reimbursed.
8.9 If the returned timepiece passes Quality Control, CATOREX will proceed with the reimbursement or exchange as applicable.
8.10 Any timepieces returned must be accompanied by the full order information (sales invoice and customs invoice where necessary) in order to facilitate their processing and identification. Unidentified returns will be returned to the sender.
8.11 The order will be refunded by the same payment method used to place the order on shop.catorex.swiss. If this is no longer valid or for any other reason beyond the control of CATOREX (loss, stopped check, change of banking establishment, etc.), CATOREX will contact you to find an appropriate solution.
9.1 Your CATOREX timepiece is under warranty on both the material and manufacture of each model for twenty-four (24) months from the date of shipment, under the terms of this international warranty.
9.2 The guarantee certificate is completed and signed by CATOREX in full, with the date of delivery to the shipping service contracted by CATOREX and enclosed with the timepiece. You must keep this certificate in a safe place so that you can present it in the event of a warranty claim.
9.3 The guarantee certificate is recognised worldwide by CATOREX itself and by all official CATOREX dealers and authorised service centres. A list of official CATOREX dealers and authorized CATOREX service centers can be found on our website at www.catorex.swiss
9.4 Within the warranty period and upon presentation of the valid warranty certificate, we repair defects that were present at the time of purchase of the watch free of charge.
9.5 The timepiece is considered to be defective if it is damaged upon receipt or if a manufacturing fault is reported in accordance with and within the warranty period of the timepiece in question.
9.6 If your watch is defective upon receipt or you discover a fault within the guarantee period of 2 years from the date of delivery, you will have the option to return the item for repair. You must submit your warranty claim in writing via our contact form on shop.catorex.com by identifying your exact watch (model, name, serial number), specifying the damage complained of and your claim for repair, and stating the number of the warranty certificate. When checking your details, we reserve the right not to pursue your request for legitimate reasons (expired warranty period, defects not covered by the warranty, improper use of the timepiece, etc.).
9.7 If your CATOREX watch cannot be satisfactorily repaired, it will be replaced by an identical or similar model. The warranty of the replacement watch will expire twenty-four (24) months after the date of purchase of the replaced watch.
9.8 The following circumstances are not covered by the warranty: glass breakage, damage caused by the use of incorrect batteries, as well as battery consumption and wristband wear. Malfunctions of the watch or damage caused by incorrect handling, accident, abuse, negligence or excessive strain as well as damages through normal wear and tear are also excluded from the warranty.
9.9 Items must be sent using the return label provided by CATOREX. Packages returned directly to our offices will not be processed, and will be returned to the sender.
9.10 All returned timepieces must be accompanied by the complete details of the order in order to facilitate their identification and accelerate their processing. Unidentified returns will be returned to the sender.
10.1 It is expressly stated that the timepieces offered on shop.catorex.swiss are for personal use only and that the timepieces sold are not for professional use or resale. CATOREX is not liable for any direct or indirect, material or immaterial damage resulting from the use or operation of the timepieces ordered.
10.2 In addition, all watches comply with Swiss quality requirements and Swiss legislation, but CATOREX is not liable for non-compliance with the legislation of the country to which the watches are delivered: It is the responsibility of the customer to proactively inform himself about the authorities of the importing country in order to know whether the watch and its components are approved there.
10.3 CATOREX is not liable for the non-fulfilment of the agreed contract, on the one hand in the event of force majeure within the meaning of the Swiss Civil Code and on the other hand in the event of customer errors or unforeseeable and unavoidable actions of a third party to the contract or consequences resulting from improper use of the timepieces sold on shop.catorex.swiss.
11.1 Severability clause: If certain provisions of these Terms and Conditions of Sale should be found partially or completely ineffective, the efficacy of all other provisions will remain valid.
11.2 Jurisdiction and applicable law: Insofar as is legally admissible, cantonal court in Porrentruy/JU is the sole jurisdiction for all legal disputes linked to these Terms and Conditions of Sale and Delivery. CATOREX is also entitled to file a legal suit with the local jurisdiction of the customer. These Terms and Conditions of Sale and Delivery are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.