General Terms and Conditions

§1 Scope and terms of use

1. These General Terms and Conditions (GTC) govern the contractual relations between Bolido Watch GmbH, Stettbachstrasse 6, CH-8600 Dübendorf, Switzerland (hereinafter referred to as “vendor”) and its customers (hereinafter “customer” or “purchaser”) in respect of the products listed on the website dev.bolido.rocks.

2. These General Terms and Conditions exclusively govern the contractual relationship between the vendor and its customers. Contractual terms and conditions of the customer which conflict with or deviate from these Terms and Conditions will not be acknowledged unless the vendor has expressly agreed thereto in writing in the individual case.

3. The provisions of these Terms and Conditions apply both for private consumers as well as for business enterprises. A consumer within the meaning of these General Terms and Conditions is any natural person whose placement of order is predominantly neither attributable to their commercial or independent professional activity but instead to their private needs. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity.

4. The vendor may at any time supplement or amend these General Terms and Conditions at its own discretion. The (approved) version hereof in force at the time an order is submitted (including the payment process already completed, see § 3 section 1) shall apply in each case.

5. For the use of our offers, the customer undertakes to provide true and complete information within the framework of the registration. Should this not be adhered to by a customer, the vendor expressly reserves the right to refuse the registration or order of such customer.

§2 Object, product characteristics

1. The object of the contract are the items detailed in the order placed by the customer. The vendor accepts no liability for errors and omissions.

2. The images of the products shown on the website dev.bolido.rocks might under certain circumstances be defective in certain circumstances, in particular colours might differ significantly from the original product for technical reasons.

3. The photos shown on the website dev.bolido.rocks are merely intended for purposes of presentation, and do not constitute a binding offer and no assured characteristics can be derived from them.

§3 Payment of the purchase price, ordering process

1. The customer selects the desired products on the website dev.bolido.rocks, deposits them in the shopping cart and is then given the opportunity to order these products against advance payment (by credit card or bank transfer). Before completion of the order, the customer is then given an overview with summary of the order by means of which he can check his data again and make any alterations that might be necessary. Upon payment of the desired products, the customer will receive an order confirmation sent to their specified eMail address in which his data and order are detailed again. This confirmation of order does not constitute acceptance by the vendor for conclusion of contract.

2. If the vendor accepts the offer, it will send the customer/purchaser a declaration of contract acceptance and/or a confirmation of delivery (electronically) within two working days as from receipt of payment. Should the customer not receive such declaration within said period, he shall no longer be bound to his order.

3. The customer confirms by ticking in the order process that he has read and accepted these General Terms and Conditions. In addition to this, he can at any time access them at dev.bolido.rocks and print them out. Customers who have created a user account on the aforementioned website can view their respective orders at any time via this account.

4. Disputes arising from this contractual relationship shall be subject to Swiss law.

5. All prices are given as gross price incl. VAT in the currency stated at dev.bolido.rocks.

§4 Processing of the contract of purchase

1. The purchase price becomes valid on completion of the order on the website dev.bolido.rocks. As a rule, the vendor delivers against advance payment. The customer may select between various modes of payment. The vendor reserves the right to exclude certain payment options for deliveries abroad, for first-time orders or for other reasons.

2. The vendor may withdraw from the contract after payment of the purchase price if it is unable, for various reasons, to supply the ordered goods. In such case, the vendor shall give the purchaser prompt notification of the non-availability of the ordered products and refund any payments already made by the purchaser. In such case, the vendor reserves the right to offer the purchaser a product with the same price and quality for the purposes of concluding a new contract for the purchase thereof.

§5 Default and default charges

1. With reference to § 2 and § 3 above, the vendor’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 the vendor; in such cases, the delivered product remains the property of the vendor until payment has been made in full.

2. Should the advance supply of the product (before payment thereof) have been expressly agreed in writing, the customer 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, the vendor shall have entitlement to charge the customer flat-rate reminder fees in the amount of CHF 5.00 in each case. The vendor expressly reserves the right to claim for damages.

3. Should the customer fail to pay for the goods received in advance within the specified period, the vendor 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. The vendor shall in principle be liable for defects of the goods in accordance with the statutory provisions of sales law according to Art. 197 ff. of the Swiss Code of Obligations (OR) unless determined otherwise in these General Terms and Conditions or if expressly deviated from in writing by the vendor after the conclusion of contract.

2. The warranty period in respect of defects of the purchased item shall be 2 years for private individuals and business enterprises alike. Proof of the purchase date is the responsibility of the buyer

3. Defects of the purchased product arising during the aforementioned warranty period (guarantee period) are to be notified to the vendor immediately on discovery thereof. In such case the vendor may remedy any defects or replace the purchased product as it sees fit. In order to ensure the free-of-charge repair or replacement of the purchased product, the vendor must present, respectively submit, the original warranty certificate stamped by the dealer. After expiry of the warranty period, both the repair and the replacement of a product will be subject to payment.

4. All parts which are replaced within the framework of a repair under warranty (guarantee) are the property of the manufacturer.

5. Any warranty on the part of the vendor shall become void if the defects of the purchased item have arisen for the following reasons:
– 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 or aging of the watch as well as of wearing parts such as straps including clasps/buckles.

6. Any and all liability for third-party or consequential damage and for the loss of the watch is excluded. The vendor will accept no liability for damage resulting from negligence.

7. The vendor is not responsible for faultless and/or permanently available data communication via the Internet, nor for the faultless and uninterrupted availability of the online shop. The vendor bears no liability for technical and/or electronic malfunctions occurring during an ordering process.

§7 Reservation of ownership, transfer of risk

1. The delivered item remains the property of the vendor until payment thereof has been made in full.

2. The risk relating to the purchased item passes to the customer when the item has been personally handed over to the customer or has been passed on for dispatch.

§8 Delivery

1. The delivery period cannot be determined in advance and depends on the availability of the purchased product. The customer will, however, be notified of the anticipated delivery period before the ordering process is completed, respectively before the purchase. After completion of the ordering process, the customer will additionally receive a shipping confirmation.

2. The goods will be delivered by Swiss postal dispatch (registered mail). The shipping costs will depend on the weight of the consignment. The respective costs will be itemized before the completion of the ordering process.

§9 Right of revocation and consequences of revocation

1. The buyer can revoke his contract declarations or the contract within 14 days without giving reasons in writing by email (or registered letter) or by returning the goods.
The period begins on the day after receipt of the goods. The timely dispatch of the written revocation is
sufficient to comply with the revocation period. The written revocation is to be addressed to the seller:

info@bolido.rocks, postal address Bolido Watch GmbH, Stettbachstrasse 6, CH-8600 Dübendorf (Zurich), Switzerland, to which the return delivery of the goods must also be made.

2. If the contract is revoked by the buyer, the seller will repay all payments already made by the buyer (including delivery costs; however, with the exception of additional costs incurred if a different type of delivery than the standard delivery offered by the seller was selected) immediately and at the latest within thirty days from the day on which the notification of revocation was received by the seller. The same means of payment shall be used for such repayment as for payment by the Buyer; the right to express written deviations shall remain reserved. Repayment by the Seller may be refused until the goods have been received by the Seller. In this respect, the Buyer undertakes in any event to send or deliver the products of the Seller to the above address within 21 days of the date on which the revocation was notified at the latest.

3. The cost of returning the goods shall be borne by the Buyer. The Buyer shall be liable for any loss in value of the goods if such loss in value is due to inappropriate handling with regard to the nature, properties and functioning of the goods

Download Revocation Form PDF

§10 Concluding provisions

1. These General Terms and Conditions 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 General Terms and Conditions 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.

Effective from 1. September 2017