TERMS AND CONDITIONS
1. Scope of application
These General Terms and Conditions of Sale (“General Terms and Conditions” or “GTC”) are applicable to all activities provided by the Company “LUGS Sàrl” (hereinafter the “Company”), a company located in the canton of Geneva (Switzerland), Cologny Conseils Sarl, avenue de Sécheron 10, 1202 Genève.
The Company offers online sales of watches and watch accessories, including bracelets.
These General Conditions apply to all sales made by the Company, whether through the Company’s website (www.lugs.shop), through resellers, through sales made by telephone, email, oral declaration or any other expression of will.
By accessing and using the Company’s website, in particular by purchasing the Company’s products, the customer acknowledges that he or she is bound by these General Terms and Conditions, which he or she declares having read and understood.
The Company reserves the right, at its sole discretion, to modify these General Terms and Conditions at any time. It is the customer’s responsibility to consult them regularly in order to be informed of any changes. The Conditions applicable at the time of conclusion of the contract by the customer shall apply, unless the customer has expressly agreed in writing to other provisions.
2. Conclusion of the contract
The contract is concluded when the customer accepts the offer made by the Company in connection with the purchase of the Company’s products.
The contract is in all cases concluded as soon as the customer accepts the services offered by the Company and/or when he orders products on the Company’s website or when he purchases his products directly.
3. Prices
Unless otherwise agreed, all prices are quoted in Euros (EUR). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products will be sold.
The prices quoted include additional amounts for value added tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
The prices do not include any additional taxes that may apply.
The prices do not include shipping for outside EU and Switzerland. The Company reserves the right to change its prices at any time. The prices indicated on the Company’s website apply at the time of conclusion of the contract.
4. Payment of payment
The Company offers the following payment terms to the customer: Credit card, PayPal. The sale price must be paid in full by the customer as soon as the contract is concluded.
The Company will send the ordered products as soon as the selling price has been paid.
If the company offers products for sale, rental or any other use through an internet platform, it reserves the right to require payment to be made electronically as part of the ordering process (credit card, Paypal or other payment systems).
It is not possible for the customer to offset any claim on the amount of the invoice he has to pay to the Company.
The Company reserves the right to waive delivery or service in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery will be made within 15 (fifteen) working days following the order if it must be made in Switzerland. Longer time limits may apply in the case of international sales.
If timely delivery is not possible, the customer will be informed of the new delivery date or availability of the product within 5 (five) working days of the order.
The Company will endeavour to propose an alternative.
If the Company, its suppliers or mandated third parties are unable to perform within the prescribed time limits due to force majeure, for example in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, storms, storms, storms, wars, political or social unrest, civil wars, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, failure of a supplier, strike of delivery services, then the Company is released from the obligation to perform its service during these cases of force majeure as well as for an appropriate period of time following the end of these events. If the force majeure lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the amounts already paid by the client. The same applies in the event of theft during the delivery of the product or loss of the product by the delivery services.
Any other claims, in particular those relating to claims for damages resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be the Company’s registered office.
The service provided by the Company is considered to have been performed when the products are delivered to the carrier chosen by the Company.
5.2. Auxiliaries
The Company expressly reserves the right to engage auxiliaries in order to perform its contractual obligations.
6. Exchange
The customer may exchange the products within 7 (seven) days of receipt. The products must be in their original packaging and not have been used. The customer bears the costs related to the return and exchange.
7. Guarantee
The products are sold with the exclusion of any warranty.
8. Responsibility
Any liability for indirect or consequential damage is excluded.
Liability for direct damage is limited to the selling price of the product/service price. This limitation of liability does not apply in the event of fraud or gross negligence.
The customer is obliged to inform the Company immediately of any damage. Any liability of the auxiliaries is excluded, to the extent permitted by law.
9. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating to them deal with the transfer of intellectual property rights, unless expressly provided for.
In addition, any re-use, publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless expressly authorised by the Company.
The client must ensure that he does not infringe any intellectual property rights of third parties when he uses content, images, texts or figurative elements, when he uses them in connection with the Company.
10. Data protection and privacy
The Company must process and use the data collected at the time of conclusion of the contract in order to fulfil its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The customer agrees that his data may be recorded and used in accordance with the contract and is aware that the Company may disclose his data or that of third parties in the event of injunctions from a court or authority. Unless the customer has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data necessary for the performance of the service may be transferred to service partners mandated by the Company as well as to other third parties.
Data protection legislation applies.
For more information on this subject, the customer may refer to the Company’s data protection statement.
11. Completeness
These General Terms and Conditions replace any previous agreements or provisions. Only the provisions of individual contracts that specify these General Terms and Conditions take precedence over them.
12. Salvator Clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or annexes is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that is close to the purpose of the invalid or void provision. The same applies in the event of a possible contractual gap.
13. Confidentiality
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired in the course of the services performed. The obligation of confidentiality continues even after the end of the contract.
14. Applicable law / Court of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the Company’s registered office shall have jurisdiction to settle any dispute between the parties, unless otherwise required by law.
The Company is free to bring legal action at the defendant’s registered office/domicile.
This contract is an acknowledgement of debt within the meaning of Article 82 of the Federal Debt Enforcement and Bankruptcy Act (LP).
The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
15. Contact Information
For any questions or requests for information, the customer can send an message to the following e-mail address: contact@lugs.shop