Terms and Conditions
These Terms and Conditions (hereinafter referred to as"T&C") apply to all legal transactions concluded in the online store at www.watchcollector.ch ("Webshop", "Online-Shop" or "Website") of Lohri AG (CHE-106.141.220), Neugasse 9, 6300 Zug (hereinafter referred to as the "Company").
These T&C apply only to online sales via the online store to natural persons with a delivery address in Switzerland or Liechtenstein.
By placing an order, the customer expressly agrees to these T&C, valid for all services of the Online Shop of the Company. Any terms and conditions of the customer, even if known, are not part of the contract and are hereby explicitly excluded.
The Company may amend these T&C at any time at its sole discretion. Such amendments shall become effective immediately upon their publication on the Website.
2. Products and offers
All offers on the Website are subject to change and non-binding. All information on availability and delivery time is without guarantee. The Company reserves the right to change the product range at any time and without notice and to limit the number of items that can be purchased by a customer.
Images of products are for illustration purposes only and are therefore not binding. The same applies to details of the individual products, which are for information purposes only. The information provided by the manufacturer (e.g., regarding the manufacturer's warranty) is exclusively authoritative.
The product prices stated at the time of the Customer's order are binding. The Company reserves the right to make subsequent price adjustments. In this case, the Customer shall be informed about this circumstance and may withdraw from the purchase within the period set by the Company.
All prices are in Swiss Francs (CHF) including VAT and excluding shipping costs, unless otherwise noted. Shipping, transport, packaging, and insurance costs may vary depending on the order value and will be borne by the Company unless noted otherwise.
4. Order / Conclusion of Contract
4.1. Requirements for the conclusion of a contract
The purchase of products via the Company's Online-Shop is reserved exclusively for natural persons of full legal capacity with a delivery address in Switzerland or Liechtenstein. By placing an order, the customer warrants that he or she is at least 18 years old, not incapacitated, and capable of judgment. Furthermore, by placing an order on the Website, it is confirmed that the customer will not buy, transfer, sell or otherwise distribute the products for commercial purposes.
4.2. Conclusion of Contract
The Company confirms the receipt of the order by e-mail to the e-mail address provided by the customer. This order confirmation does not constitute a contract between the Company and the customer. A contract between the Company and the customer shall only be concluded once the Company has completed all legal checks and then confirmed the actual product availability and the actual price by e-mail. As a rule, this order confirmation will be sent within five (5) working days. The provisions of clauses 7.2 and 8 remain reserved. The Company reserves the right to refuse, cancel and terminate orders at any time, without giving reasons and at its sole discretion.
With their order, the customer confirms the correctness of all information provided by them. In case of incorrect or incomplete information provided by the customer, the Company may withdraw from the contract.
Registration as a customer in the Webshop is reserved exclusively for persons of full legal capacity. The data required for registration must be provided by the customer completely and truthfully. The customer himself is responsible for updating his data.
6. Store Pickup and Delivery
6.1. Store Pickup
If the customer has chosen the delivery option "Pick up in store" during the ordering process, ordered products must be picked up by the customer in the Company's store within fourteen (14) calendar days from the order confirmation. If this does not happen, the contract shall be deemed revoked and the customer shall be refunded the price paid. In this case, the Company shall be entitled to claim compensation from the customer in the amount of 25% of the purchase price, but at least CHF 80, as well as any loss in value of the ordered product. Further claims for damages remain reserved.
The customer must identify himself at the time of the pickup by means of a suitable photo ID and must present the order confirmation. Pickup by third parties is only possible with written authorization from the customer, which will be authenticated by the Company by telephone.
In the case of store pickup, the risk and liability for the product is transferred to the customer upon its pickup by the customer at the pickup location.
Delivery is made to the delivery address specified by the customer in the order. The risk and liability for the product is transferred to the customer upon shipment.
The Company reserves the right not to deliver certain products by mail. In such cases, a personal delivery can be agreed with the customer.
All transport, insurance and packaging costs shall be borne by the Company unless otherwise stated.
6.3. Delivery times
The customer will be informed about the delivery date by e-mail or personally after receipt of the purchase price. Delivery periods/dates are in principle non-binding and delays in delivery do not justify in any case claims for damages or the possibility of withdrawal from the contract by the customer. If a (partial) delivery impossibility occurs, the customer will be informed immediately by e-mail. If the customer has already paid, only the amount paid by him will be refunded without interest. If the payment has not yet been made, the customer will be released from the obligation to pay. Further claims of the customer due to the delay or failure of delivery are excluded. The Company exclusively supplies the geographical area of Switzerland and Liechtenstein.
If the customer is in delay with the acceptance of the products, the Company may immediately withdraw from the contract and claim damages for non-performance. In this case, the Company is entitled to demand either a lump sum of 25% of the purchase price or, alternatively, compensation from the buyer for the actual damage incurred.
7. Methods of payment
The following payment methods are accepted by the Company: Credit card (Visa, Mastercard), PayPal, Bitcoin/Ethereum, TWINT and 0% financing via Cembra (provided the provisions are met according to clause 7.2).
7.1. Payment by Bitcoin (BTC)
In order to pay by Bitcoin, the customer must have a Wallet. A Wallet is an online payment tool. Wallets are available for computers (local desktop wallets) and for smartphones (app-based mobile wallets), as well as online and as hardware wallets (usually via a USB flash drive) or paper wallets (on paper).
When paying by Bitcoin on the Webshop, the transaction is initiated in Swiss Francs (CHF) and upon checkout a QR code is displayed. The Customer must have a wallet application installed on their phone so that they can scan the QR code and pay with Bitcoin.
The payment is deemed successful as soon as the Company confirms the transaction via a transaction ID.
The transaction limit is CHF 100’000.00.
7.2. 0% interest rate financing via Cembra
For an amount between CHF 5’000.00 and CHF 150’000.00, the Company offers the possibility for certain products in its Webshop to be acquired by financing via the ‘cashgate CREDIT DRIVE’ product of the Cembra Money Bank AG ((CHE-115.295.655), located in Zürich (“Cembra”). This possibility is only available under certain conditions and exclusively for customers with residence in Switzerland.
The customer can manifest their interest in the financing via Cembra for a desired product directly in the online shop. For this, the customer must supply an e-mail address and accept the "provisions for the use of electronic communications" of the Company.
The Company will contact the customer via telephone to verify the e-mail address and subsequently enter the application data of the customer or let the customer fill out the application form. The application form, once signed by the customer, including any required and in the application form specified documents (for instance, a legally attested passport copy and salary statements) are sent to Cembra. The customer guarantees the company that all required information is complete and correct in substance and correctly represents their financial situation. The customer shall be fully liable in the event of incorrect, questionable, or incomplete information or documents.
Should Cembra decide, based on the data received, to approve a financing for a customer, Cembra will deliver a respective credit contract to the customer that the customer must sign and return to Cembra. After the expiration of the legal revocation period (insofar as applicable), Cembra will transfer the credit amount agreed upon with the customer in accordance with the cashgate CREDIT DRIVE contract directly to the Company.
Only upon a successful financing and once the credit amount has been received by the Company shall the sales contact between the Company and the customer become legally valid.
The credit contract is made solely and exclusively between the customer and Cembra and contains the respective rights and obligations of the parties. The company only acts as a mediator. The Company does not in any way guarantee that a credit contract between the customer and Cembra will be issued, for which reason there exists no entitlement to financing. The decision whether a customer receives financing is at the sole discretion of Cembra. The Company cannot provide any information on rejected credit applications.
The Company will process the personal data on behalf of Cembra for the credit application and guarantees to only use the data for this purpose and in accordance with the applicable laws for data protection. Cembra remains the owner of the collected data in accordance with the respective data protection laws. The data transferred from the customer to the Company within the scope of the credit application shall be immediately and irreversibly deleted by the Company after being transferred to Cembra. The only data excluded from this is the name, address and e-mail address of a customer. Any physical copies that my have been made shall be destroyed. With the sole exception of the respective status of the application, the Company shall not receive any information from Cembra regarding the ongoing or denied credit applications.
In the event that the customer should wish to exercise their rights of withdrawal and return according to clause 11 in these T&C after being granted a credit by Cembra or should the sales contract between the customer and the Company be revoked for any other reason (e.g. the product is not collected by the customer within the time limit set by the company), the Company will inform Cembra so that the credit amount that has already been received can be returned to Cembra.
The granting of credit is forbidden if it leads to the overindebtidness of the consumer (Art 3, Unfair Competition Act, UCA)
8. Watch Trade-In
The Company offers customers the opportunity to redeem part or the whole of the purchase price of a product by paying with their watch ("Watch Trade-In").
The customer can select the Watch Trade-In option on the Website. Then the customer must provide information about himself and the watch to be exchanged. Within three (3) working days, an employee of the Company will contact the customer and inform him of the estimated and provisional trade-in value of the watch, without any obligation. For a definitive and accurate assessment of the value of the watch to be exchanged, the customer must make an appointment and present it at the Company's sales premises. The watch will then be inspected by specialists of the Company and its value will be determined according to the brand, condition, maintenance, and demand, among others. If the customer agrees with the definite value of the watch, he will receive a credit note to the extent of this value, with which he can pay for the Company's products in part or in full. This credit will be deducted from the purchase price of the new product. Any remaining amount of the purchase price shall be paid by the customer by means of the other payment methods specified in clause 7.
The customer warrants and represents that he is the legal owner of the watch to be exchanged by him, that the watch to be exchanged is free from third party rights and that he is free and entitled to enter into the legal transaction with the Company.
The contract between the customer and the Company with the Watch Trade-In is considered validly concluded only after the customer has agreed to the definitive trade-in value.
9. Default on a payment
If the customer fails to effect the agreed payment, entirely or partially, they shall automatically be in default and the Company is entitled to immediately withdraw from the contract.
10. Reservation of proprietary rights
Products shall remain property of the company until they are paid in full. Until the product has been paid in full, the customer may not pledge the retained goods or use them as security without express consent in writing from the Company. Where necessary the Company is entitled register its retention of title with the Swiss Registry of Retention.
11. Right of withdrawal and return
The customer has the right, without giving any reason, to cancel the contract within fourteen (14) days from the day on which the customer has taken possession of the ordered goods from the shipping service provider or has picked them up in the store.
The right of withdrawal must be exercised by means of an explicit and clear declaration sent by e-mail (email@example.com) or by post to the Company's address (Lohri AG, Neugasse 9, 6300 Zug).
To comply with the cancellation period, it is sufficient if the withdrawal notification is sent before the expiry of the cancellation period.
In case of withdrawal of the contract, the customer is obliged to return the ordered products to the Company within the revocation period (i.e., within fourteen (14) days from the day the customer took possession of the ordered goods from the shipping service provider or picked them up in the store). The return can be made as follows: 1) the customer can return the product in person at the Company's store or 2) postal return. In case of postal return, the customer must log in to his customer profile and request the return. The Company will then send the customer a return label by e-mail, which the customer must use for the return. To comply with the return period, in the case of postal return, the time of dispatch of the goods is decisive, in the case of personal handover at the Company's store, the time of handover is decisive.
The Products shall be returned new and unused. Products must be returned in the original packaging with all protective materials, tags and labels attached to the Products, and with any additional accessories or replacement materials provided.
Excluded from the right of withdrawal/return are products that have been individually manufactured or customized for customers (for example, but not exclusively: individual engravings or modifications of the goods) as well as products that have been acquired by means of Watch Trade-In (cf. clause 8).
In the case of a return of a watch that was acquired with the 0% financing option, a cancellation and processing fee will be charged as set in the contract with Cembra Money Bank AG, trading under its cashgate brand.
If the products are not returned in accordance with these specifications, the Company shall be entitled to offset the corresponding material value of the non-returned products against the refund to be paid to the customer. An offset may also be made if the products are damaged during return transport due to the fault of the customer. The customer is liable for the returned products for the full value of the goods, transport insurance is therefore recommended and the customer is responsible for this. The customer is also responsible for loss, damage, shipment to an incorrect address or for delays in delivery during the return shipment.
Return shipping and, if applicable, transportation insurance costs will be borne by the Company unless otherwise noted, provided that the customer uses the return label provided by the Company for the return shipment.
The purchase price will be refunded to the customer after the product has been received by the Company and has undergone quality control. The Company will decide, at its own discretion, whether the product is in proper condition or whether a loss in value has occurred and should be deducted from the refund accordingly. The refund will be made through the same payment method that the customer used when placing the order, unless otherwise expressly agreed with the customer. The refund is the only service provided by the Company upon return.
12. Obligation to inspect and give notice of defects; Warranty; Liability
12.1. Obligation to inspect and give notice of defects
The customer is obliged to inspect the delivered products as soon as it is feasible in the ordinary course of business and to notify the Company immediately in writing of any defects detected. Otherwise, the goods shall be deemed to be faultless and accepted as such by the customer. If the customer does not notify the Company of a defect by e-mail within five (5) days of delivery, the Product shall in any case be deemed to have been approved.
Hidden defects, i.e. those which were not recognizable upon proper inspection in accordance with the preceding paragraph, shall be notified to the Company by the customer immediately upon discovery. If he fails to do so, the products shall be deemed approved also with regard to these defects.
Transport damage must be reported immediately to the transport company and the Company.
The Company warrants that the products are free from defects at the time of purchase. The warranty period is 24 months. The Company's warranty is that the reported defects will be remedied by the Company during the warranty period by eliminating the defects (rectification) or delivering a defect-free product (replacement). If none of the afore mentioned options is possible, the purchase agreement shall be rescinded (conversion), in which case the product shall become the property of the Company again and the Customer shall be refunded the purchase price paid as soon as the product has been handed over to the Company. Conversion is excluded in the case of insignificant defects and in the case of products purchased by means of a Watch Trade-In (cf. Section 8).
Watches from the Vintage collection are excluded from the replacement. The watches of the Vintage collection are checked and analyzed by the Company's specialists to the best of their knowledge. Nevertheless, the Company cannot guarantee that all parts contained therein are original, as these watches have often already been subjected to third-party intervention.
Furthermore, all damage caused by liquid is excluded for Vintage watches and for watches that are not marked as waterproof.
A right to price reduction is excluded in any case.
A warranty for normal wear and tear, for consumables, for accessories and for enclosed batteries/rechargeable batteries is also excluded.
Any further warranty for the products is excluded. The manufacturer's warranties remain unaffected.
The liability of the company for minor negligence is excluded. The liability for auxiliary persons is completely excluded.
In particular, the Company shall not be liable for any damage resulting from, among other things: (i) improper, non-contractual or illegal adjustment, use or storage of the products, (ii) use of incompatible accessories or spare parts, (iii) improper modification or repair of the products, failure of the customer to maintain the products, (iv) force majeure, in particular damage caused by the elements, falling, moisture, impact, etc., for which the Company is not responsible, as well as official orders.
13. Repairs outside of warranty claims
Costs for the repair of defects in the products that are not subject to warranty shall be borne by the customer. In the case of products that do not have any detectable defects, the Company reserves the right to charge the customer for the costs of examining the claimed defect as well as the shipping costs.
14. Data Privacy
The company undertakes to treat the personal data of the customers confidentially. The collection, processing and use of personal data is carried out in accordance with the data protection laws. Further information on data protection can be found in the separate data protection declaration, which forms an integral part of these T&C.
Should individual provisions of these T&C be invalid or incomplete, or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued with it. The same shall apply if there is a legal loophole.
These T&C are drafted in German and English. In case of discrepancies, the German version shall prevail and is the legally binding version.
16. Applicable Law / Jurisdiction
These T&C are subject to Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes with the Company is - subject to deviating mandatory places of jurisdiction - Zug, Switzerland.