General terms and conditions of sale
The enterprise ADRIATICA PR & A WATCH SAGL (hereinafter referred to as "ADRIATICA"), a limited liability company with its registered office in Minusio, with its website at shop.appellawatches.ch, is entered in the commercial register of the Swiss Confederation under number CHE-109.900.100. Its postal address is: Via San Gottardo 287, 6648 Minusio.
Any order of a product available in our online store, at www.shop.appellawatches.ch requires prior reading and express acceptance of these general terms and conditions of sale. Clicking to approve an order implies full acceptance of these terms and conditions of sale.
ADRIATICA PR & A WATCH SAGL reserves the right to change/update these general terms and conditions of sale at any time. For the customer, the legally binding version of these general terms and conditions is the one current at the time of placing an order. This version cannot be changed unilaterally. Any customer’s terms and conditions that differ from or conflict with these general terms and conditions will not be recognized.
02 Subject matter
These general terms and conditions of sale are intended to establish the rights and obligations of the parties with respect to the online sale of products available on ADRIATICA’s website at www.shop.appellawatches.ch
Orders can only be accepted on the condition that they have been processed from our website. Any possibility of placing orders by phone or in writing is excluded.
The product offer is intended exclusively for private customers residing in Switzerland or the Principality of Liechtenstein. Orders from business customers are not accepted.
ADRIATICA PR & A WATCH SAGL may refuse to fulfil orders for which the quantity of products ordered exceeds the reasonable quantity intended for an individual household, without giving reasons for such refusal.
04. Confirmation of an order and conclusion of a contract
The customer’s order will have to be confirmed by ADRIATICA PR & A WATCH SAGL. An order confirmation will be sent by email to the address indicated by the customer on the order form.
ADRIATICA PR & A WATCH SAGL processes all orders during its regular working hours.
The contract is considered to be concluded when ADRIATICA PR & A WATCH SAGL accepts the contract proposal presented by the customer at the time of placing the order.
05. Product information
ADRIATICA PR & A WATCH SAGL makes every effort to ensure the accuracy of the information presented on its website.
Photographs of products are intended to present their appearance and do not constitute an element of the contract. Information on products is prepared by the online store as clearly as possible and always in the best interest of the customer.
Prices are expressed in Swiss francs and are gross amounts including VAT and excluding shipping costs. Prices include a recycling fee, if applicable.
ADRIATICA PR & A WATCH SAGL reserves the right to change prices at any time. The price quoted by ADRIATICA PR & A WATCH SAGL at the time the order is placed will apply.
07. Terms of payment
The price of the product selected and ordered must be paid in full in advance.
The customer will receive ADRIATICA PR & A WATCH SAGL bank data in the order confirmation email. Payment can be made by wire transfer. Please note that ADRIATICA is not responsible for any additional bank transfer fees.
When making payment, the customer should provide the order number in the payment title to facilitate its prompt processing.
Once the customer’s payment has been confirmed and/or credited, the ordered products will be shipped.
08 Terms of delivery and control
Products are delivered to the address indicated by the consumer on the order form and only within Switzerland or the Principality of Liechtenstein.
Delivery time is 2 working days.
Once the order has been confirmed and payment has been received, the customer is informed of the expected delivery date or ADRIATICA PR & A WATCH SAGL contacts the customer personally to set an individual delivery date. Delivery is made via the Postal Service and DHL, which, at the time of delivery, will verify the identity of the customer and ask the customer to sign the delivery confirmation note. In this way, ADRIATICA PR & A WATCH SAGL will have fulfilled its obligations and the delivery will have been completed correctly.
If ADRIATICA PR & A WATCH SAGL delays the delivery, the customer has the right to withdraw from the contract after 30 days from the agreed delivery date.
ADRIATICA may cancel confirmed orders due to external circumstances beyond its control, without financial consequences and with a refund of the full amount paid by the customer.
All products leave ADRIATICA PR & A WATCH SAGL warehouse in perfect condition and original packaging. The customer must inform the Postal Service or DHL of any, even minor, damage to the package (holes, traces of crushing, tampering, etc.), in which case the customer should refuse to accept the delivery. In such circumstances, a new and identical product will be sent to the customer, without any additional costs. ADRIATICA PR & A WATCH SAGL reserves the right to refuse to replace the product if the customer finds that the product has been damaged in transport and fails to notify the Postal Service or DHL thereof at the time of accepting the delivery.
As with any delivery made by shipping goods to the customer, delays may occur or the carrier (the Postal Service or DHL) may lose the package. In such a case, as soon as the customer notifies ADRIATICA, the company will contact the Postal Service or DHL and initiate the procedure of searching for the lost package. Such a procedure may take some time. The customer will be immediately notified of the progress of any conducted search. If the procedure takes more than 30 days from the agreed delivery date, ADRIATICA PR & A WATCH SAGL will provide the customer with a new shipment with identical contents, at its own expense.
ADRIATICA PR & A WATCH SAGL assumes no responsibility for any loss possibly suffered by the customer due to any delay in the delivery date caused by the Postal Service or DHL.
The customer should immediately check the correctness of the delivered products according to the criteria of conformity, completeness and functionality.
On the day of delivery or, at the latest, on the first business day following the day of delivery, the Customer will notify ADRIATICA PR & A WATCH SAGL of any complaints regarding incorrect delivery and/or noncompliance of the products in terms of quality or quantity with the information appearing on the order confirmation document. After this deadline, all complaints will be rejected. A complaint to ADRIATICA PR & A WATCH SAGL must be submitted in writing, via registered mail, to ADRIATICA PR & A WATCH SAGL address. Any complaints submitted in a manner that does not comply with the conditions and deadlines stated above will not be accepted and will release ADRIATICA PR & A WATCH SAGL from any liability to the customer for delivery errors.
The requirements applicable to the return of goods are as follows: the products may be worn only for the purpose of trying them on, as in a retail store. All products must be returned in a complete
and undamaged condition. Labels and any protective films are part of the equipment and must be returned. The customer should take care to ensure that the product is properly packaged.
For acceptance, ADRIATICA PR & A WATCH SAGL must be informed of each return. Each return must receive prior express approval from ADRIATICA PR & A WATCH SAGL.
If the product is to be exchanged, it must be returned to ADRIATICA’s postal address, complete and in its original packaging. ADRIATICA will send a replacement product at its own cost after it has received the returned product.
In the event that the ordered product is no longer available in ADRIATICA’s warehouse, the customer will be notified thereof immediately and will receive a refund of the amount paid.
09. Right to return
ADRIATICA PR & A WATCH SAGL guarantees the customer the right to return purchased products within 14 days, counting from the date of delivery.
The requirements for exercising this right are as follows: the products may be worn only for the purpose of trying them on, as in a retail store. All products must be returned in a complete and undamaged condition. Labels and any protective films are part of the equipment and must be returned. The customer should take care to ensure that the product is properly packaged.
In order to return the goods, the Customer must follow the following procedure:
1. Go to the website shop.appellawatches.ch
3. Complete the form and print it
4. Put the return form in the package along with the documents for sending the goods.
5. Send return.
Returns are at the expense and responsibility of the customer and must be sent by registered mail. The Postal Service or DHL will give the customer a confirmation containing a tracking number, in case the package is lost.
Returned products should be sent to the following address:
Adriatica PR&A Watch Sagl
Via San Gottardo 287
Returns that cannot be attributed to a specific customer are kept in the warehouse for a period of three months. After this period, ADRIATICA PR & A WATCH SAGL can dispose of returned products free of charge.
If the returned products are registered in the ADRIATICA PR & A WATCH SAGL system, and provided that they are complete and undamaged, the customer will receive a refund of the amount paid.
10. Cancellation, termination or withdrawal from the contract
Orders placed with ADRIATICA PR & A WATCH SAGL are binding, which means that the customer must fulfil their obligations.
An order can be cancelled only within 7 days of its placement. Cancellation of an order after the aforementioned 7 days’ period may be accepted by ADRIATICA PR & A WATCH SAGL, but will be subject to the payment of an administrative fee of CHF 35.00. This amount will also depend on the status of order processing. In such circumstances, ADRIATICA PR & A WATCH SAGL will notify the customer whether it is possible to cancel the order and of the amount of the administrative fee.
The customer must receive the goods on the agreed and specified delivery date, otherwise ADRIATICA PR & A WATCH SAGL has the right to withdraw from the contract or cancel the order and increase the price due to the impossibility to deliver the goods. If the customer asks for the re-shipment of the goods, ADRIATICA PR & A WATCH SAGL will issue an invoice for a new shipment of the goods, in the amount of CHF 25.00.
If ADRIATICA PR & A WATCH SAGL is not able to fulfil the order due to the impossibility of delivery, the customer may exercise the right to withdraw from the contract, within four weeks from the agreed delivery date. The price paid in advance will be fully refunded to the customer, but ADRIATICA PR & A WATCH SAGL will not be liable for any possible losses caused by the delayed delivery.
ADRIATICA PR & A WATCH SAGL is the manufacturer of all watches available at www.shop.appellawatches.ch and, as the manufacturer, offers a legal warranty for a period of 2 years, starting from the date of purchase, in accordance with Swiss law.
This warranty covers defects in materials or workmanship.
During the warranty period, the elements covered are only the clockwork, hands and dial. The element covered by the warranty will be repaired free of charge or the watch will be replaced if defects in materials or workmanship are detected under normal usage conditions.
In the event of replacement, ADRIATICA PR & A WATCH SAGL cannot guarantee that the customer will receive the same watch model. In the event that a particular watch model is not available, the product will be replaced by a watch of the same style and value. The warranty of the new watch will be valid for two (2) years from the date of its delivery to the customer.
THE WARRANTY DOES NOT COVER THE FOLLOWING:
• Manufacturing defects and defects in the material of the battery, case, glass, strap or bracelet
• Damage resulting from misuse, carelessness, accidents or normal wear and tear
• Damage caused by water, unless the product is marked as waterproof
This warranty is void if the watch has been damaged by accident, unauthorized repairs or other factors unrelated to the quality of its material or workmanship.
The above warranties and repairs are exclusive and in lieu of any warranty, term or condition, express, implied or provided by law, with respect to any situation, including, for example, warranties of merchantability, fitness for a particular purpose, precision and quality, as all such warranties are expressly stated by ADRIATICA PR & A WATCH SAGL. ADRIATICA PR & A WATCH SAGL does not assume any liability for accidental, consequential, indirect or special damage, or any liability arising out of or in connection with the sale or use of this product, whether established on the basis of contract, error (including negligence), defective products liability, or any other basis. ADRIATICA PR & A WATCH SAGL’s entire liability is limited to the replacement of the product purchased or refund of the purchase price paid, at ADRIATICA PR & A WATCH SAGL’s sole discretion.
12 Warranty repair procedure or other repair of the watch
In order to receive information on the conditions of the warranty, the customer may contact ADRIATICA PR & A WATCH SAGL by sending an email to the following address: [email protected]
If it becomes necessary to perform any actions under the warranty, the customer should send the watch, a copy of the receipt confirming its purchase and a description of the problem to ADRIATICA PR & A WATCH SAGL, to the following address:
ADRIATICA Pr & A WATCH sagl, Via San Gottardo 287, 6648 Minusio.
ADRIATICA PR & A WATCH SAGL will notify the customer of any repair that is not covered by the warranty.
For repairs not covered by the warranty, ADRIATICA PR & A WATCH SAGL may perform the services requested by the customer at a cost that will depend on the watch model and the type of action requested. Such costs are subject to change. A flat rate of CHF 35.00 will be applied to cover the cost of an analysis necessary to identify a repair service that has not been performed. No repair will be performed without the customer’s consent.
ADRIATICA PR & A WATCH SAGL recommends that the customer insure the package and properly secure the watch before shipping. ADRIATICA PR & A WATCH SAGL is not responsible for goods lost or damaged in transport.
If it is not possible to deliver the repaired product to the customer or if the Consumer does not accept the delivered product, ADRIATICA PR & A WATCH SAGL will be free to dispose of the product after 3 months from the unsuccessful attempt to deliver the product to the customer and/or the customer’s refusal to receive the product.
Any repair of the watch under the warranty does not extend the initial warranty period.
13. Additional information
ADRIATICA PR & A WATCH SAGL sells products containing batteries, therefore, the customer is asked to observe the following rules:
Batteries should not be disposed of with municipal waste. They should be disposed of in accordance with the applicable local regulations. Used batteries contain dangerous substances that can be harmful to the environment or human health if they are improperly disposed of or stored. Batteries contain important raw materials, such as iron, zinc, manganese or nickel, which are recyclable.
Used batteries can be returned free of charge to our company or to another reception point near your location (for example, selected retail outlets or waste collection centres). Return of used batteries to our company is limited to the amount anticipated for the end users of the batteries that we can reuse or have used as new batteries in our product range.
Batteries that may lead to environmental pollution are marked with a sign consisting of a crossed-out container and a chemical symbol (Cd, Hg or Pb).
14. Change of terms and conditions
ADRIATICA PR & A WATCH SAGL has the right to unilaterally change these terms and conditions at any time.
15. Personal Data Protection
When an order is placed, ADRIATICA PR & A WATCH SAGL asks the customer to provide their personal data. Some personal data are marked with an asterisk and their provision is mandatory; they are necessary to fulfil the order. If the customer does not provide such data, ADRIATICA PR & A WATCH SAGL will not be able to accept the order. The other fields, not marked with an asterisk, concern information whose provision is not mandatory; the customer may provide it or not.
All information is processed by ADRIATICA PR & A WATCH SAGL in order to register and process the customer’s order. ADRIATICA PR & A WATCH SAGL reserves the right to use the data, appropriately processed to ensure their anonymity, for marketing and statistical research, in order to improve the quality of its services. All data of a personal nature and credit card data are transferred by means of a dedicated SSL encryption technology, in an international standard. By agreeing to receive the newsletter, the customer agrees to receive commercial offers from ADRIATICA PR & A WATCH SAGL by email. The customer has the right to refuse to receive such information at any time, free of charge, by opting out of the newsletter; the method of opting out is specified in the newsletter.
Our website uses third-party services (hereinafter collectively referred to as "services"), in particular the Google Analytics services, the web analytics services of Google Inc. ("Google"). These services collect information and may use, in particular, so-called temporary or permanent "cookies", i.e. files (e.g. HTLM cookies or Flash cookies) that are stored on the customer’s computer (partly also after the end of a browser session), can be used by ADRIATICA during the customer’s subsequent visits and enable analysis of the website and users’ behaviour.
The information thus generated via cookies and regarding the customer’s use of the website (including the customer’s behaviour and IP address) may be transmitted to our servers or to servers of other operators in Switzerland or abroad, registered on such servers and processed, depending on circumstances, and may also be associated with the customer. The SELLER may use such information for marketing purposes, in particular to analyse the customer’s use of the website, to create reports for the SELLER on website activity and to provide additional services related to the use of the website (for example, to display advertisements personalized according to users’ interests). If necessary, this information may be transferred to third parties, in Switzerland and abroad. It is possible that legislation abroad does not guarantee adequate data protection.
Depending on what browser and other software the customer uses, data processing (in particular, the installation of cookies) can be prevented or allowed only to a limited extent. In order to obtain information on the manner of managing the settings applicable to the protection of personal data and the remembering of such settings the customer should consult the information presented on the customer’s Internet browser website or, in some cases, the manufacturer’s website (e.g. in the case of Flash, the Adobe Systems website should be consulted).
Using this website, the customer gives their consent to the processing of their personal data acquired in the manner described above for the aforementioned purposes.
The customer may request that ADRIATICA provide the customer with information on their personal data and, if necessary, ask for their correction.
ADRIATICA PR & A WATCH SAGL records only the necessary data of its customers, which are used for the purpose of order fulfilment. Personal data are processed in accordance with the principles of confidentiality and are not shared with third parties for advertising purposes. Information is not transferred outside Switzerland, except as provided by law.
ADRIATICA PR & A WATCH SAGL uses appropriate technical and organizational measures to protect the personal data of its customers from any kind of unauthorized use.
In accordance with the Federal Data Protection Law (LPD) of 19 June 1992 (as amended on 1 June 2014) and in accordance with Article 13 paragraphs 2 and 97 of the Constitution of the Federal Confederation of Switzerland of 18 April 1999 (as amended on 12 February 2017) concerning the protection of personal data, ADRIATICA PR & A WATCH SAGL’s customer can at any time exercise the right to correct, review, amend and delete their personal data provided to ADRIATICA PR & A WATCH SAGL.
ADRIATICA PR & A WATCH SAGL’s website may contain links to websites of third parties. Such websites are not managed or controlled by ADRIATICA PR & A WATCH SAGL, which therefore disclaims any responsibility for the content of such sites and for the compliance of the administrators of such websites with the legal regulations applicable to the protection of personal data.
16. Applicable law and jurisdiction
Any disputes regarding the sale of watches from the website shop.appellawatches.ch will be resolved in accordance with the applicable provisions of Swiss law. The court of competent jurisdiction is the Court of Locarno, the city where the registered office of ADRIATICA PR & A WATCH sagl is located. ADRIATICA PR & A WATCH SAGL reserves the right to bring an action also in the court of competent jurisdiction for the customer’s place of residence.
shop.appellawatches.ch is the online store of the company:
Adriatica PR&A Watch Sagl
Via San Gottardo 287
Account number: 0090-760617-31
Bank: CREDIT SUISSE, Viale Stazione 19, CH- 6501 Bellinzona/TI
IBAN: CH20 0483 5076 0617 3100 0
UID & Register of entrepreneurs: CHE-109.900.100
Copyright and trademark rights:
In all publications, the author undertakes to comply with the proprietary rights concerning photographs, drawings, audio documents, videos and texts used; to use photographs, drawings, audio documents, videos and texts created by themselves or to use photographs, drawings, audio documents, videos and texts that are not protected by any licence. All trademarks and registered trademarks mentioned in the scope of the online offer and possibly protected by third parties are subject, without any limitation, to the applicable legislation regarding trademark rights and ownership rights of the respective registered owners. The mere mention of trademarks does not mean that they are not protected against third parties. Copyright of articles published and produced with the Adriatica webshop trademark remains the exclusive property of the brand. Any reproduction or use of these drawings, audio documents, videos and texts in other electronic or print publications is not permitted without the express consent of the service provider.