General Terms and Conditions (GTC)
Philippe DuBois & fils S.A.

1. GENERAL PROVISIONS

1.1. SCOPE

These General Terms and Conditions (hereinafter “GTC”) govern the legal relationship between Philippe DuBois & Fils SA and any natural or legal person (hereinafter “buyer”) who purchases a product or service from Philippe DuBois & Fils SA, such as one or more watches, movements, accessories and related packaging, as well as virtual products (hereinafter “purchase items”). 

The GTC apply to all contractual relations with DuBois et Fils SA including the use of the website.

1.2. DEVIATING PROVISIONS

Deviations from the GTC are only effective if confirmed in writing by Philippe DuBois & Fils SA. 
Any general terms and conditions of the buyer which conflict with or deviate from the present GTC shall be deemed invalid unless expressly stated in writing by Philippe DuBois & Fils SA.

1.3. UPDATES TO THESE TERMS AND CONDITIONS

Philippe DuBois & Fils SA may modify the present GTC from time to time. The latest version may be consulted on the website at any time. Any new version of the present GTC shall become effective immediately upon publication and shall apply to all orders for products or services placed as of that date. Any changes to the GTC made after an order is placed will not affect that order and its relationship with Philippe DuBois & fils SA, except where required by applicable law.

2. CONCLUSION OF CONTRACT

2.1 PERSONS ENTITLED TO PURCHASE

In order to purchase products or services from Philippe DuBois & Fils SA, a natural person must have completed the age of 18. Minors or persons not legally entitled to conclude a contract for any other reason must be represented by a parent or another person authorised to represent them. 

By placing an order, the buyer declares and guarantees that they are a bona fide end user or end customer, are purchasing the products or services for their own or other personal use, will not otherwise supply, sell or distribute the products or services and are  not acquiring the purchase items or service results for commercial purposes.

2.2. OFFER AND ACCEPTANCE

The purchase items advertised on the website or on other channels do not constitute an offer. By clicking the “buy now” button, the buyer places a binding order (offer) for the items in the shopping cart. The contract is concluded once the buyer receives the order confirmation from Philippe DuBois & Fils SA (acceptance). For the detailed order process, see paragraph 2.5. 
Orders will only be dispatched after receipt of payment in full (exception: delivery against invoice) and provided that the goods are available. 

If, after the conclusion of the contract, it turns out that the purchase item cannot be delivered or cannot be delivered in full, Philippe DuBois & Fils SA is entitled to withdraw from the entire contract or from a part of the contract. If Philippe DuBois & Fils SA has already received the payment from the buyer, the payment shall be refunded to the buyer. If no payment has been made yet, the buyer will be released from the obligation to pay. Philippe DuBois & Fils SA is not obliged to make any replacement delivery in case of cancellation of the contract.

2.3. LIMITED EDITIONS FROM PHILIPPE DUBOIS & FILS SA

Philippe DuBois & Fils SA watches feature an individual number identifying them as limited editions. Philippe DuBois & Fils SA offers available watches for sale. There is no entitlement to purchase a watch with a specific limited edition number. The available models will be indicated on the website. 
The buyers may consult the detailed content of the contract as well as the applicable prices at any time when concluding the contract. The services offered by Philippe DuBois & Fils SA include the sale of the purchase items.

2.4. NO ENTITLEMENT TO A SPECIFIC LIMITED EDITION NUMBER OF A MODEL

The buyer shall not be entitled to a specific limited edition number of a specific model. In the event that a particular limited edition number of a model is already sold, the buyer shall be free to purchase another limited edition number of the model in question.

2.5. ORDER PROCESS

Step 1: The shopping cart
The buyers select their desired products from the Philippe DuBois & Fils SA product range and place them in the shopping cart. 

Products placed in the shopping cart remain assigned thereto for a period of time determined by Philippe DuBois & Fils SA. The products cannot be purchased by other persons during this period. If the buyer remains inactive during this period of time, i.e. no purchase is completed, the products are automatically removed from the shopping cart and released for free sale again.

Step 2: Log in or create a user account
In order to purchase the items in the shopping cart, the buyer's user account must be activated. If such an account has already been created, the buyers can log in with their login details. If no user account exists yet, it can be created directly within the order process. Data is processed in accordance with the current privacy policy of Philippe DuBois & Fils SA. 

Step 3: Order checking and finalizing
Before finalizing the order, the buyer may review and edit the contents of the order. This concerns, in particular, the purchase items, the personal data provided (such as delivery and billing address) and the payment information. After a careful review and possible correction of the order data, the buyer can complete the ordering process and confirm the order, which then becomes binding.

3. PRICES, PAYMENT, INVOICING

3.1. GENERAL PROVISIONS

Purchase prices are indicated in Swiss francs, euros and US dollars and include VAT and shipping costs. If a product is sold to a country other than Switzerland, i.e. needs to be shipped to persons domiciled or resident outside Switzerland, the invoice will be made out either in euros or in US dollars, depending on the domicile. In the above case, local value added tax is already taken into account. 

The purchase price of the purchase items is to be paid in advance. 

3.2. PAYMENT

Philippe DuBois & Fils SA accepts the payment methods mentioned in the chapter “order process”. Depending on the payment method, additional information may be required (e.g. certain forms of identification).

In case payment methods other than “purchase on account” are used, payment system providers may perform checks regarding validity and authorization. The buyer expressly authorizes Philippe DuBois & Fils SA to perform security checks, if required, and to occasionally transmit or obtain information (including updated information) about the buyer to or from third parties, including, but not limited to, the details of the payment card provided by the buyer to confirm their identity, and further to validate the payment card, to obtain an initial authorization of the payment card and to authorize the individual purchase transactions.

The full amount of the purchase is blocked on the specified payment card until the order is shipped. Once this is the case, an order and shipment confirmation is sent to the buyer and the specified payment card is charged with the purchase price.

3.3. INVOICING, ORDER CONFIRMATION

The invoice will be sent to the buyer after the purchase confirmation by Philippe DuBois & Fils SA. The invoice is sent in written form (as a PDF attachment to the e-mail address provided or otherwise). 

The invoice amount must be paid no later than 30 days after the invoice date, unless otherwise stated. Upon reception of the advance payment, the purchase items will be shipped in accordance with the delivery terms set forth in these GTC. 

3.4. REMINDERS AND FEES

In case of delay in payment of the purchase price for the purchase items, Philippe DuBois & Fils SA may issue a reminder to the buyer. For each reminder, a lump sump of CHF 50.00 will be charged as reminder fee. In addition, default interest will be charged at the statutory rate of 5% on the invoice total, starting from the due date. We reserve the right to charge further collection expenses, as well as to assign claims to a collection agency.

4. DELIVERY

4.1. SHIPPING

The dispatch of the purchase items will be carried out as soon as possible depending on the availability of the item. Philippe DuBois & Fils SA will do its best to take into account the delivery preferences of the buyers, but cannot guarantee that a given watch will always be available at a given time. Philippe DuBois & Fils SA has no influence on shipping delays and therefore no compensation can be claimed.

The delivery fees agreed upon at the time of the conclusion of the contract shall apply.

4.2. DEADLINES, DATES

Philippe DuBois & Fils SA shall make every effort to meet the deadlines indicated, in particular the delivery deadlines. However, unless expressly stated otherwise, deadlines indicated on the website are to be understood as non-binding indicative deadlines. 

If the delivery of the products is delayed due to an event beyond the control of Philippe DuBois & Fils SA, Philippe DuBois & Fils SA will inform the buyer as soon as possible and will do its utmost to minimize the effects of the delay.

4.3. TRANSFER OF BENEFIT AND RISK

Benefit and risk shall be transferred to the buyer upon conclusion of the purchase agreement and at the latest upon handover of the purchase item for shipment. The buyer or a person present at the delivery address indicated shall be requested to provide a handwritten or electronic signature to confirm receipt of the purchase item.

If a party other than the buyer has been indicated for delivery (in the case of a gift, for example), the buyer acknowledges and accepts that proof of a signature by a person at the indicated delivery address constitutes proof of delivery and performance of the purchase agreement. Philippe DuBois & Fils SA reserves the right to request identification for verification purposes upon delivery of certain categories of products.

5. WARRANTY FOR WATCHES

5.1. WARRANTY, WARRANTY PERIOD

Unless expressly provided otherwise, Philippe DuBois & Fils SA warrants to the buyer that the watches will be fully functional for a period of 2 years, provided that they are used and maintained with due care and attention. 

5.2. EXCLUSION CLAUSE

Any defects resulting from improper handling by the buyer or a person attributable to the buyer are excluded from the warranty.

5.3. OBLIGATION OF EXAMINATION AND NOTIFICATION OF DEFECTS BY THE BUYER

The buyer is obliged to inspect the purchase items immediately upon receipt. Complaints must be made in writing within 10 days of receipt. Defects that cannot be detected upon immediate inspection must be reported in writing immediately after their detection, but no later than within the warranty period.

If the buyer fails to inspect the watch(es) or to give notice of defects in good time, the watch(s) shall be deemed to have been approved and any claims shall be deemed to have been forfeited.

5.4. RIGHT OF RECTIFICATION, RETURNS

Philippe DuBois & Fils SA has the right, at its own discretion, to repair or replace the items instead of rescinding the agreement or reducing the purchase price in the event of defects notified in due time in warranty cases. 

Purchase items can be returned within 14 days of receipt with a refund of the purchase price. Returns must be handed over to DuBois & Fils SA or to the post office on the last day of the period at the latest. The purchase items can only be returned in their original packaging and in undamaged condition. The cost and liability for the return (including any shipping) is borne by the buyer. 

6. CONTRACTUAL USE OF THE WATCHES

All watches of Philippe DuBois & Fils SA are splashproof.  Therefore, they do not need to be removed when washing hands. However, the watches are not suitable for use in water sports, in particular free diving. Watches with a leather strap must not come into contact with water under any circumstances. 
Any manipulation of the watches (e.g. removal of links) may only be carried out by qualified personnel. 

7. LIABILITY

To the extent permitted by applicable law, Philippe DuBois & Fils SA disclaims all other terms, conditions and warranties with respect to the products and the distribution channels. These are excluded, whether expressly or implicitly provided by codified law or otherwise, or arising from prior business, custom of trade or course of dealing.

Nothing in these GTC limits or excludes Philippe DuBois & Fils SA's liability for any claim of liability if it cannot be limited or excluded under applicable law. Subject to the previous statement, and in accordance with these GTC, in no event shall Philippe DuBois & Fils SA's total liability towards the buyer, for any order, whether based on a contract, tort (including negligence) or otherwise, even if Philippe DuBois & Fils SA has been advised of the possibility of such damages, exceed one hundred percent (100%) of the price of the product(s) in the buyer's order.

8. WEBSITE

8.1. GENERAL TERMS

All information on the website, such as technical data, descriptions, diagrams, pictures, etc. of the watches are for illustrative purposes only and subject to change. Errors, inaccuracies and mistakes, especially with regard to prices, are reserved. Philippe DuBois & Fils SA expressly reserves the right to change, supplement or delete the offer in whole or in part without prior notice or to discontinue any publications temporarily or permanently.

8.2. INTELLECTUAL PROPERTY RIGHTS

All rights (in particular copyright, trademark, company and domain rights) to the purchase items and to the entire content of the website, as well as to logos, photographs, texts, design, concept, etc., are owned by Philippe DuBois & Fils SA. Without prior written permission from Philippe DuBois & Fils SA, it is strictly prohibited to copy, download or otherwise use any part of it for business purposes.

9. PRIVACY

Any handling of personal data is carried out in accordance with the current data protection regulations of Philippe DuBois & Fils SA. The current version can be consulted on the website https://duboisfils.ch at any time. 

10. FINAL PROVISIONS

10.1. SEVERABILITY CLAUSE

If any provision of these GTC should be invalid, it shall be replaced by a valid provision that comes as close as possible to the intended purpose. The validity of the remaining provisions shall remain unaffected.

10.2. APPLICABLE LAW, PLACE OF JURISDICTION

These GTC shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules. 

The parties agree that Basel-Stadt shall be the exclusive place of jurisdiction for any disputes.

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July 2021