GENERAL TERMS AND CONDITION ONLINE STORE

  1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNER

1.1. For the business relationship between MONTRES CHOURIET SA, Chemin de l’Epinglier 5, 1217 Meyrin, Switzerland, (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) for transactions on the Online Store Switzerland (https://www.emilechouriet.com/) (hereinafter referred to as “Online Store”), the following General Terms and Conditions (hereinafter “GTC”) apply in their version valid at the time of the respective order.

1.2. The Customer can view and consult the GTC when ordering via links in the Online Store, prior to any sale.

1.3. A consumer within the meaning of this provision is any natural person who concludes a contract for a purpose that is intended for their private and/or family, non-commercial needs. Purchasing in the Online Store for commercial purposes is prohibited. In particular, the commercial resale and distribution of goods ordered via the Online Store is prohibited.

1.4. The Seller reserves the right to amend these GTC at any time.

  1. CUSTOMER SERVICE

For questions, requests or complaints, the Customer can contact the Customer Service of the Seller: By mail:

MONTRES CHOURIET SA, Online Service, Chemin de l’Epinglier 5, 1217 Meyrin, Switzerland

Telephone: +41 22 989 14 26

E-mail: boutique@emilechouriet.ch

  1. CONCLUSION OF CONTRACT

3.1. The Online Store is an invitation to the Customer to provide offers for the conclusion of a purchase contract concerning the goods that are shown on this specific Online Store.

3.2. An order is only triggered when the Customer enters all data required for the execution of the contract, acknowledges these GTC and has clicked on the “PLACE ORDER” button. Before this button is clicked, the Customer can first select products from the Seller’s Online Store without commitment and place them in the shopping cart via the “SHOP NOW” button. Before placing the order, the Customer can modify and change the content of the order, by adding or deleting items from the cart.

3.3. After placing the order by clicking “PLACE ORDER”, the Customer receives an automatic order confirmation that reflects the content of the order. This automatic order confirmation does not yet constitute acceptance of the offer but only documents that the order has been received by the Seller.

3.4. The Seller reserves the right to accept or not the order. In case of violation of these GTC or when there is suspicion that the Customer aims to resell the goods or is suspected of being a commercial buyer, the order can be cancelled or rejected. A rejection of future orders is also possible if the Customer has not paid his previous orders, or his payment methods have been rejected multiple times. The Seller reserves the right to refuse the order for any reason he considers justified.

3.5. The acceptance of the Customer’s offer is accepted by the Seller when sending the Customer an “Acceptance confirmation e-mail” that specifies that the Customer’s offer has been accepted.

3.6. The above also applies if the Customer has already paid the purchase price by the chosen payment method while placing the order. If the contract is then not concluded, the Seller will inform the Customer in a specific e-mail and reimburse the payment, without interest.

3.7 If the contract comes into effect for only a part of the goods ordered, then the Customer will be notified within the “Acceptance confirmation e-mail” of the goods ordered that have been accepted by the Seller. In this context, the refund is made for the part of the order that has not been accepted, without interest.

3.8. If the order includes several items, then the contract is only concluded for those items that are explicitly listed in the “Acceptance confirmation e-mail”.

3.9 The Customer may only modify or cancel his order during the time lapse between the order confirmation e-mail and the “Acceptance confirmation e-mail”.

  1. PRICES

4.1. The prices indicated on the Online Store include the applicable VTA when the order is shipped in Switzerland. For orders shipped outside of Switzerland, the price does not include VTA. The Seller shall inform the Customer prior to the order or, at the latest, in the automatic order confirmation e-mail of any shipping costs incurred, as well as any additional costs.

4.2 Delivery fees are covered by the Seller.

4.3 Custom fees and any other similar costs are covered by the Customer.

4.4 The price indicated within the Order confirmation e-mail is applicable to the transaction.

4.5 The payment methods that are authorized are: VISA, MASTERCARD, BANK TRANSFER

5 SHIPPING AND DELIVERY

5.1 The shipment will be delivered at the address indicated by the Customer during the ordering process. The delivery period for standard delivery is 3 to 10 business days after receipt of payment.

5.2 The Seller may use public and private transport companies to assure the Shipment.

5.3 In the event that the information provided within the “Acceptance confirmation e-mail” are incorrect, the customer must inform the Seller immediately, and in any case before receiving the shipping confirmation e-mail. The Customer is fully responsible for any inaccurate or wrong information provided.

5.4 The Customer will receive a Shipping confirmation e-mail, which will indicate the delivery information.

5.5 In case the Customer does not receive the delivery within 10 days after receiving the Shipping confirmation e-mail, he must inform the Seller immediately.

5.6 If the Seller is not able to comply with the delivery as indicated in the Order and Acceptance confirmation e-mail, the Customer will be immediately notified, and a new delivery date will be indicated. In case the delivery becomes impossible, the Customer will be fully reimbursed.

5.7 In cases of force majeure such as strike and other employment disputes, insurrection, war, natural disasters, as well as in the event of a delivery block of the manufacturer or pre-supplier, there is no default of the delivery. The Seller is not liable for delays in delivery that were caused by manufacturer companies or by third parties.

5.8 If the goods are not delivered due to the wrongful doing or neglect of the Customer, such as but not limited to, wrong information given during the ordering process, the Seller will have no liability.

5.9 In any case, after receiving the goods, the Customer may send them back at his during the first 10 days after delivery if he wants to renounce the transaction. The Customer will have to fill the appropriate form called “Return Form” that can be found on the Customer Service menu under the ‘Returns’ category. In this case, the Customer will get fully reimbursed, without interest. This only applies if the goods have no defects when received back by the Seller OR in case the goods have defects when sent back, the Customer will only be able to claim partial reimbursement or no reimbursement depending on the nature of the good’s defects.

  1. WARRANTY OF QUALITY AND FITNESS

6.1 The Customer is obliged to inspect the delivered goods immediately upon receipt and must immediately inform the Seller of any defects detected.

6.2 The following elements are not considered to be defects: All the element that do not interfere with the functioning of the Watch as all the defects that can appear on accessories (box, goodies, bracelet, etc.).

6.3 In case the Customer finds a defect on the good, and after informing the Seller immediately, he may send the goods back to the Seller and seek reparation. Reparation will be free during the first 5 years after the delivery. In the following cases, the Customer will not be able to seek reparation:

– Natural alteration or ageing of the watch, including scratches on the dial or damage to the case or battery wear.

– Any type of deterioration of the watch, whether global or partial, resulting from misuse, lack of attention, negligence, incident (such as falls, scratches, compressions, glass breakage, etc.);

– incorrect use of the watch or non-conformity with the instructions provided by Montres Chouriet SA;

– Indirect damage or the consequences of normal wear and tear of the watch, including malfunctions, imperfections, or inaccuracies of the watch.

6.4 After receiving back the good, the Seller will examine whether it has a defect or not.

6.5. The Customer loses all his rights under this section if he modifies in any way the goods after delivery.

  1. TRANSFER OF BENEFITS AND RISK

7.1. Transfer of benefits and risks passes to the Customer as soon as the Seller has transferred the good to the shipping company. Therefore, as soon as the receives the Shipment confirmation e-mail, he becomes liable for all damages that happen to the goods during and after the shipment and delivery.

  1. TRANSPORT DAMAGE

8.1 If goods are delivered with obvious transport damage, then the Customer must report such defects immediately to the transport company and contact the Seller immediately, but not later than 24 hours after delivery. In this case, the Seller will reasonably assist the Customer in requesting payment of the damages towards the transport company.

9.RESPONSABILITY

9.1 The liability of the Seller is excluded except for gross negligence of willful misconduct. The liability for auxiliary persons is excluded in the same way.

9.2 The Seller’s liability shall in any case be excluded in case of the replacement of the goods.

  1. DATA PROTECTION

10.1 The collection and processing of personal data about the Customer by the Seller is explained in the Privacy Policy that can be found on the Seller’s Website: https//www.emilechouriet.com

  1. APPLICABLE LAW AND PLACE OF JURISDICTION

11.1 Swiss law shall apply exclusively. Jurisdiction for any disputes about or relating to these General Terms and Conditions is the competence of the courts in Geneva.