BÓLIDO WATCH SÀRL
General Terms and Conditions
§1 Scope and terms of use
1. The present General Terms and Conditions (GTC) exclusively regulate the contractual relations between Bolido Watch Inc, Stettbachstrasse 6, CH-8600 Dübendorf, Switzerland (hereinafter referred to as “Bólido”) and its customers (the term “buyer” used in the following is gender-neutral and and applies to female and male buyers and to companies) in relation to the products listed on the website www.bolido.rocks. Contradictory or deviating contractual terms and conditions of the buyer will not be recognised unless Bólido has expressly agreed to them in writing in individual cases.
2. The provisions of these terms and conditions apply to both private consumers and commercial companies. A consumer in the sense of these GTC’s is any natural person whose order can be attributed neither to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC’s is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
3. Bólido can add or change these GTC’s at any time at its own discretion. The version of these GTCs valid (approved) at the time the order is placed (including the already completed payment transaction, see § 3 paragraph 1) is applicable.
4. For the use of our offers, the buyer undertakes to provide truthful and complete information during registration. If the buyer does not comply with this obligation, Bólido expressly reserves the right to refuse the buyer’s registration or order.
§2 Object, product characteristics
1. The subject of the contract are the items listed in the buyer’s order Bólido does not assume any liability for errors and omissions.
2. The images of the products shown on the website www.Bólido.rocks may be faulty under certain circumstances, in particular the colours may differ from the original product for technical reasons.
3. The photographs shown on the website www.bolido.rocks are for presentation purposes only and do not constitute a binding offer, no guaranteed characteristics can be derived from them.
§3 Order process, payment
1. The buyer selects the desired product on the website www.bolido.rocks, places it in the shopping cart and then has the opportunity to order this product against prepayment (by credit card or bank transfer). Before completing the order, the Buyer will receive an overview and summary of the order, which will allow him to check his data again and make any necessary changes.
2. The buyer confirms that he has read and accepted these terms and conditions by ticking the box during the ordering process. In addition, he can call up and print out the full text of these AGB’s at any time under www.bolido.rocks. Buyers who have created a user account on the aforementioned website can view their respective orders at any time via this account.
3. If the buyer chooses the credit card as a means of payment, he will be forwarded to the protected payment portal of Saferpay, where he completes his purchase and then receives an order confirmation by e-mail. If he chooses bank transfer as payment, he will receive an order confirmation by e-mail in advance, on the basis of which he/she can make the transfer to the Bólido account indicated.
4. The above-mentioned order confirmations do not constitute acceptance of the conclusion of the contract by Bólido, which will only become effective after receipt of full payment. After receipt of payment, the buyer will receive an invoice.
5. Disputes arising from this contractual relationship are subject to Swiss law.
6. The consumer prices stated on www.bolido.rocks include value added tax, if applicable.
§4 Processing of the sales contract
1. The purchase price becomes valid upon invoicing by Bólido and subject to §2.1. Bólido usually delivers against advance payment. The buyer can choose between different payment methods. Bólido reserves the right to exclude certain payment methods for deliveries abroad, for first orders or for other reasons.
2. Bólido may withdraw from the contract after payment of the purchase price if it is unable to deliver the ordered goods for various reasons. In this case, Bólido will immediately inform the purchaser about the unavailability of the ordered products and refund any payments already made by the purchaser. In this case, Bólido reserves the right to offer the buyer a product of the same price and quality to conclude a new sales contract.
§5 Default and default charges
1. With reference to § 2 and § 3 above, Bólido’s deliveries of goods are normally only made against advance payment (by credit card or bank transfer). Exceptions hereto must be expressly confirmed in writing by Bólido; in such cases, the delivered product remains the property of Bólido until payment has been received in full.
2. Should the advance supply of the product (before payment thereof) have been expressly agreed in writing, the Buyer will be immediately deemed in default of payment on expiry of the payment period specified in the invoice (date of expiry) if payment has not already been made. The default interest in such cases shall be 5%. Should any reminders be necessary, Bólido shall have entitlement to charge the Buyer flat-rate reminder fees in the amount of CHF 5.00 in each case. Bólido expressly reserves the right to claim for damages.
3. Should the Buyer fail to pay for the goods received in advance within the specified period, Bólido expressly reserves the right to rescind the contract, demand the return of the delivered goods in faultless condition and claim for damages.
§6 Warranty and liability
1. Bólido is generally liable for defects of the goods according to the legal regulations of the law of sale according to art. 197 ff. of the Swiss Code of Obligations (OR), unless otherwise stated in these GTC or Bólido has not explicitly deviated from this in writing at the time of conclusion of the contract.
2. The warranty period for defects in the purchased item is 2 years for both private individuals and companies. It is the responsibility of the purchaser to supply evidence of the date of purchase.
3. Defects of the object of purchase that occur during the above-mentioned warranty period (guarantee period) must be reported to Bólido immediately after discovery. In this case, Bólido may, at its own discretion, either repair the defects or replace the purchased product. In order to ensure the free repair or replacement of the purchased product, the buyer must present the original warranty certificate stamped by the dealer or other proof of the date of purchase. After the warranty period expires, both the repair and replacement of a product or part of a product are subject to a charge.
4. All parts replaced under warranty repair, warranty or goodwill are the property of the manufacturer.
5. Any warranty on the part of Bólido shall be void if the defects of the purchased item are due to
– damage or malfunction of the products resulting from accidents, improper use or misuse (impact, shock, destruction, etc.) or from modifications, repairs or interventions by persons who do not have the necessary and verifiable professional qualifications;
– consequences of normal wear and tear or ageing of the watch, as well as of wearing parts such as straps including the clasps.
6. Any liability for third party or consequential damages and for the loss of the watch is excluded. Bólido does not accept any liability for damages resulting from negligence.
7. Bólido is not responsible for errors and omissions in data communication over the internet nor for the error-free and uninterrupted availability of the online store. Bólido is not responsible for technical and/or electronic malfunctions that occur during an order process.
§7 Reservation of ownership, transfer of risk
1. The delivered item remains the property of Bólido until payment thereof has been made in full.
2. The risk relating to the purchased item passes to the Buyer when the item has been handed over.
§8 Delivery
1. The delivery time depends on the availability of the purchased product. The approximate expected delivery time is indicated to the Buyer prior to completion of the ordering process and is also stated in the order confirmation sent to the Buyer immediately after the order.
2. The delivery of the purchased product is carried out by a courier service designated by Bólido. The Buyer can see all the costs incurred for purchase, shipping and VAT (where applicable) before completing the order process; these costs are also shown on the order confirmation and invoice.
§9 Right of revocation and consequences of revocation
1. The Buyer is entitled to revoke the purchase within 14 days without giving reasons by email to the address info@bolido.rocks, and by returning the goods within the same period, which begins on the day after receipt of the goods. To comply with the revocation period, it is sufficient to send the written revocation and return the goods in time.
The goods must be returned to Bólido Watch GmbH, Stettbachstrasse 6, CH-8600 Dübendorf (Zurich), Switzerland, or to any other address communicated by Bólido before the return, the original invoice from Bólido must be enclosed with the shipment.
2. If the contract is revoked by the Buyer, Bólido shall refund all payments already made by Bólido, including delivery costs and VAT (where applicable), within thirty days at the latest from the day on which Bólido receives notification of the revocation. The same means of payment shall be used for this repayment as for payment by Bólido; express written deviations are reserved. In order to enable Bólido to reclaim VAT paid, the Buyer must provide Bólido with the necessary supporting documents (e.g. postal receipt, copy of courier invoice, etc.), otherwise he shall only be entitled to a refund of the net purchase amount excluding VAT. Refund by Bólido can be refused until the goods have been received by Bólido .
3. The Buyer bears the costs for the return of the goods. The Buyer shall be liable for any loss of value of the goods, if such loss of value is due to improper handling with regard to the nature, properties and functioning of the goods.
§10 Concluding provisions
1. These GTC and each contract of purchase shall be exclusively subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. Should one or more of the provisions of these GTC be or become invalid or void in whole or in part, the validity of the remaining provisions shall not be affected. In such case, the invalid or void provision is to be replaced by a new, legally permissible provision coming as close as possible to the economic purpose of the invalid or void provision. Should an invalid or void provision hereof not be subsequently corrected, it shall be correspondingly superseded by a relevantly applicable statutory provision.
Revised October 14, 2020