1.1. Area of application
These General Terms and Conditions (hereinafter referred to as „GTC“) govern the legal relationship between Philippe DuBois & Fils SA and any natural or legal person (hereinafter referred to as „renter“ or „buyer“) who rents or buys one or more watches, each including travel case or bag (hereinafter referred to as „rental items“ or „purchase items“).
These GTC form an integral part of the contract concluded between the buyer or renter and Philippe DuBois & Fils SA.
1.2. Deviating provisions
Deviations from the GTC are only valid if confirmed in writing by Philippe DuBois & Fils SA.
Any general terms and conditions of the buyer or renter which conflict with or deviate from these GTC shall be deemed rejected, unless explicitly accepted in writing by Philippe DuBois & Fils SA.
1.3. Conclusion of contract
In order for a natural person to be able to lease rental items from Philippe DuBois & Fils SA, he or she must have reached the age of 18.
Philippe DuBois & Fils SA reserves the right to reject a contract without giving reasons.
2. OFFER, SERVICES
Philippe DuBois & Fils SA offers all its watches for sale and some of these watches for rent.
However, renters are not entitled to purchase a specific rental watch if it has already been sold elsewhere.
The buyer or the renter can view the detailed contract content as well as the applicable prices at any time upon conclusion of the contract as well as in the confirmation of registration.
The services of Philippe DuBois & Fils SA include the sale of the purchase items and the rental of the rental items.
The buyer or renter chooses their ideal watch/es from the range of Philippe DuBois & Fils SA and places it in their personal shopping cart.
The rental period is limited by the chosen period, the existence of the contractual relationship and the payment due. The rental items must be returned to Philippe DuBois & Fils SA no later than 5 days after the end of the rental period. If this is not the case, and the renter has not applied for an extension of the rental period, the rental items outstanding up to that time can be charged at the replacement value (price of the watch, or CHF 295.00 for each travel case and CHF 395.00 for each bag) in addition to default damages (see further below in this section). If the rental period is exceeded without the consent of Philippe DuBois & Fils SA, Philippe DuBois & Fils SA will charge default damages of CHF 200.00 per month.
Furthermore, a dunning charge of CHF 50.00 will be charged for each reminder. In addition, default interest will be charged at the statutory rate of 5% of the total invoice amount from the due date. Philippe DuBois & Fils SA reserves the right to charge further collection costs and/or to assign the claims to a collection company.
3. RENTAL, PRICE, BILLING, PURCHASE OPTION
The purchase and rental prices are in Swiss francs and are inclusive of VAT.
The stated purchase and rental prices may vary for sales abroad, especially due to taxes.
3.2. Reimbursement of rental charges
By uploading a maximum of two photos per month on the Philippe DuBois & Fils SA home page (hereinafter referred to as „website“), the renter can have up to a maximum of 50% of the rental price refunded. The only condition is that the rented watch is clearly recognisable in the pictures. By uploading the photos, the renter agrees to the extensive use of the photos (assignment of all rights in connection with the photo/photos to Philippe DuBois & Fils SA, in particular the use of the photos online, especially on social media channels).
Philippe DuBois & Fils SA reserves the right to delete photos glorifying violence, or containing sexist, pornographic or propagandistic content. In this case, the entitlement to reimbursement of the rental price shall lapse.
3.3. Guarantee claims during the rental period (watch/es)
In the event of a guarantee claim during the rental period, the renter can choose between a reduction of the rental price or a corresponding extension of the rental contract.
Unless otherwise noted, the invoice amount must be paid no later than 30 days prior to the start of the rental period. After advance payment has been received, the purchased or rental items will generally be dispatched immediately, i.e. within 5 days. The expected delivery date is shown on the corresponding product page.
3.5. Option of purchasing the rental items
The renter has the option to purchase the rental items during the rental period. The (current) purchase price can be viewed at any time on the corresponding product page.
3.6. No entitlement to a certain Limited Edition number of a model
The buyer or renter is not entitled to a certain Limited Edition number of a model. The principle of the priority of the wearer of the watch only applies in the case of watches that are also rented. In the event that a particular Limited Edition number of a model has already been sold, the buyer or renter is free to buy or rent another Limited Edition number of the model in question. If all watches of a model have already been sold, the purchase or rental contract will expire without replacement.
The purchase or rental items shall be shipped as soon as possible, depending on the displayed availability or the start of the rental period. Philippe DuBois & Fils SA shall make every effort to comply with the delivery dates desired by the buyer or renter, but cannot guarantee that a specific watch is always available on a specific date. Philippe DuBois & Fils SA has no influence on delays during shipment and therefore no damages can be claimed.
The delivery fees agreed upon conclusion of the contract are binding.
4.2. Deadlines, dates
Philippe DuBois & Fils SA shall endeavour to comply with the specified dates, in particular the delivery dates. However, unless expressly stated otherwise, dates on the website are to be regarded as non-binding.
4.3. Passing of benefit and risk
Benefit and risk are transferred to the buyer or renter upon delivery of the watch.
5. GUARANTEE, WARRANTY
5.1. Guarantee, guarantee period
Philippe DuBois & Fils SA guarantees the buyer that the watches are fully functional for 2 years, provided they are used as intended and properly cared for.
Defects resulting from improper handling by the buyer or a person to be attributed to same are excluded from the guarantee.
5.3. Buyer’s duty to inspect and give notice of defects
The buyer is required to examine the watch/es immediately after receipt. Notice of defects must be given in writing within 10 days following receipt. Defects that are not recognisable upon immediate examination must be reported in writing immediately after their discovery, but at the latest within the warranty or guarantee period.
If the buyer fails to duly perform the examination or give notice of defects, the watch/es shall be deemed approved and any claims shall be deemed forfeited.
5.4. Right to remedy defects, returns
In the event of timely notice of defects, Philippe DuBois & Fils SA has the right, in the case of warranty or guarantee claims, to remedy the defect or provide a replacement at its own discretion instead of cancellation or reduction of the purchase price.
In any case, returns (of the watch/es) shall require the written consent of Philippe DuBois & Fils SA.
The renter is responsible for all damages to and/or loss of the rental items. Irrespective of fault, he/she is liable up to the full value of the rental items. Irrespective of the agreement of a limitation of liability, the renter is liable for all damages as a result of intentional or grossly negligent behaviour.
If the rental items are placed at the disposal of a third party, the renter shall recognise the former’s behaviour as their own and will be fully liable towards Philippe DuBois & Fils SA for any resulting damages.
7. CONTRACTUAL USE OF THE WATCH/ES
The rental items may only be used for commercial purposes after consultation with Philippe DuBois & Fils SA.
All watches of Philippe DuBois & Fils SA are splash-resistant. This means that they may be worn when you wash your hands. On the other hand, the watches are not suitable for use in water sports, particularly for device-free freediving. Watches with a leather strap must not come into contact with water under any circumstances.
Any work on the rental watches (e.g. removal of parts) may only be carried out by specialist personnel. No work may be carried out on the accompanying travel cases or bags, even by specialist personnel.
All information on the website, as well as technical data, descriptions, schematics, illustrations etc. relating to the watches are for illustration purposes only, and without guarantee. Errors, inaccuracies and mistakes, especially with regard to prices, are reserved. Philippe DuBois & Fils SA expressly reserves the right to change, amend, or delete the offer in whole or in part, without notice, or to temporarily or permanently discontinue any publications.
The website may contain links to third party websites. Philippe DuBois & Fils SA assumes no responsibility for the websites and their contents, products, services or other offers and for the observance of data protection regulations. The user must accept sole responsibility for clicking on a link.
8.2. Intellectual property rights
All rights (copyright, trademark, company and domain rights) to the purchase and rental items and to the entire content of the website, as well as to logos, photographs, texts, design, concept, etc., are held by Philippe DuBois & Fils SA. It is strictly forbidden to copy, download or otherwise use any part of it for business purposes for one’s own purposes without the prior written permission of Philippe DuBois & Fils SA.
9. DATA PROTECTION
Philippe DuBois & Fils SA respects the privacy of its buyers or renters and saves or processes its data only in compliance with the applicable federal and cantonal data protection legislation. The data submitted by the buyer or renter are treated confidentially by Philippe DuBois & Fils SA. Data is only passed on to third parties if this is necessary for order processing (for example, transport).
In the case of orders placed online, Philippe DuBois & Fils SA cannot accept any liability for the data security during the transmission (for example, in the event of technical errors by the provider) or for any criminal access by third parties to data on its website.
10. FINAL PROVISIONS
10.1. Severability clause
If a provision of these GTC should be ineffective, it shall be replaced by an effective provision which is as close as possible to the intended purpose. The validity of the remaining provisions shall remain unaffected by this.
10.2. Applicable law, place of jurisdiction
Swiss law shall apply, to the exclusion of the provisions of the Vienna Convention (CISG).
In the event of disputes, the parties agree to Basel as the exclusive place of jurisdiction.
4 October 2016