Fludo Swiss Watch Sàrl
General Terms and Conditions of Business
1 Validity of the terms and conditions
The deliveries, services and offers of Fludo Swiss Watch Sàrl are exclusively based on these terms and conditions, even if they are not expressly agreed again. With the order of the goods or services, these terms and conditions are deemed to be accepted. Any general terms and conditions of purchase of the buyer are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
2 Offer and conclusion of contract
The offers of Fludo Swiss Watch Sàrlin price lists, advertisements and flyers are subject to change and non-binding. Orders are only binding for Fludo Swiss Watch Sàrl after written confirmation by email. Order confirmations will only be issued upon express request.
2.1 The information in our sales documents (drawings, illustrations, pictures, dimensions, weights and other performances) are to be understood as indicative only and do not constitute a guarantee of characteristics unless they are expressly designated in writing as binding.
3 Delivery & shipping costs
For deliveries withing Switzerland and to European countries, we charge the rates of the Swiss postal service. Any import or customs charges incurred separately will be charged to the recipient.
You will be informed of this by e-mail after the consignment has been dispatched.
4 Payment methods
The following methods of payment are available:
Credit card: Visa, Mastercard, Postfinance (payment recipient Fludo Swiss Watch Sàrl)
5 Credit assessment
Fludo Swiss Watch Sàrl reserves the right to obtain credit checks on the customer and may forward customer data to third parties for this purpose.
6 Delivery times
In principle, your order will be dispatched in one (1) delivery, within 5 – 7 working days. Should this not be possible in exceptional cases, we will notify you.
7 Minimum order value
There is no order minimum value.
8 Prices
The prices stated in our order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks or errands, the daily price on the day of the order shall apply. Prices are quoted in Swiss francs, including VAT, unless otherwise agreed, plus transport costs.
9 Exchange / right of return
After receipt of the goods, we grant you a 10-day right of exchange or return. Only goods in perfect, unworn condition will be taken back. Smelling goods or items from which the original labels have been removed cannot be returned. The postage costs for the return shipment shall be borne by the customer. After receipt and inspection of the returned goods, the purchase price will be refunded to you by means of a credit note. If you do not keep a single item and do not want a replacement item, a fee of CHF 30.00 will be charged for packing and processing the order.
10 Default in acceptance
If the buyer, after expiry of a grace period granted to him, refuses to accept the delivery items or declares that he does not wish to accept the goods, Fludo Swiss Watch Sàrl may refuse performance of the contract and claim damages for non-performance. Fludo Swiss Watch Sàrl is entitled to claim either a flat rate of 20% of the agreed purchase price or compensation for the actual loss incurred by the buyer.
11 Deliveries
Visible differences in quantity must be notified in writing to Fludo Swiss Watch Sàrl and the carrier immediately upon receipt of the goods, hidden differences in quantity within 5 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment of goods.
12 Transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. Any assumption of transport costs by Fludo Swiss Watch Sàrl agreed in individual cases shall not affect the transfer of risk.
13 Warranties
The warranty in accordance with the following provisions is 1 year, unless expressly agreed otherwise in writing.
13.1 The warranty period shall commence on the date of delivery. If our operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used which do not comply with the original specifications, any warranty shall lapse insofar as the defect is attributable to this. This shall also apply if the defect is due to improper use, storage and handling of the items, or third-party intervention or the opening of devices. Insignificant deviations from warranted characteristics of the goods shall not trigger any warranty rights.
13.2 Liability for normal wear and tear and wear parts is excluded.
13.3 Warranty claims against Fludo Swiss Watch Sàrl are only due to the direct purchaser and are not assignable.
14 Returns
For returns, we require that the defective article or device with a completed repair form and a copy of the invoice with which the article is delivered to Fludo Swiss Watch Sàrl is sent or delivered for repair. The shipping costs are to be borne by the buyer. No new warranty periods shall come into force as a result of the exchange of parts or entire articles. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
15 Retention of title
The delivered goods remain the property of Fludo Swiss Watch Sàrl until full payment has been received.
16 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our agents or vicarious agents, except in the case of wilful misconduct or gross negligence. No liability is accepted for consequential damage arising from the use of the products.
17 Copyrights
The provisions of the manufacturer’s license agreement shall apply exclusively.
18 Data protection
Fludo Swiss Watch Sàrl is entitled to process the data about the buyer received with regard to the business relationship or in connection with it, regardless of whether they originate from the buyer himself or from third parties, in accordance with the Federal Data Protection Act.
19 Place of jurisdiction
Vaud shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Orbe, January 2024