Terms Condition & Privacy Policy

1. SCOPE OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS

1.1 These Terms of Service (hereinafter: "TOS") govern the online sale of products by SimonEt Laurent SNC (hereinafter: "we" or "the Company") to our users (hereinafter: "Users") through our website accessible at the URL https://www.simonetlaurent.com/ (hereinafter: "Site").

1.2 The Site allows Users to purchase watches and accessories from SimonEt Laurent SNC. The Company reserves the right to modify these TOS at any time. The valid TOS will be those in effect at the time of the order of the Products (hereinafter: "Order").

1.3 These TOS, together with the Terms of Service of our pre-shipment program (hereinafter: "PPTC") and our Privacy Statement, constitute an essential part of the contract between Users and the Company. By creating a user account on our Site, the User declares to have read and understood these TOS and agrees to unconditionally abide by them. These TOS take precedence over any other conditions not expressly approved by the Company.

1.4 By accepting these TOS, the User affirms that they are at least 18 years old and legally capable of exercising their civil rights. If the User represents a company, they must have the legal right and capacity to do so. Otherwise, the User is not allowed to place orders through the Site.

1.5 The Company only sells its Products to legal adults, in compliance with Swiss law, meaning individuals at least 18 years of age. By confirming the Order and making payment to the Company for the Products, the User declares under their responsibility to be of legal age. The User will be held liable to compensate the Company for any damages resulting from a breach of this provision.

1.6 By accepting these TOS, the User confirms that they have the necessary financial resources to fulfill the commitments related to the ordered Products and are not in bankruptcy or on the verge of declaring it.

1.7 The User confirms that they are an individual acting solely as an end consumer and do not intend to resell, sell, or distribute the Products to third parties in any way. Furthermore, the User commits not to purchase the Products for commercial purposes.

1.8 If any of these statements and/or warranties prove to be false, the Company reserves the right to invalidate the contract entered into with the User under Article 23 of the Swiss Code of Obligations (CO), without prejudice to other remedies and measures available to the Company.

1.9 The Company reserves the right to reject an Order for legitimate reasons, such as suspicion that the Order was placed in violation of these TOS and/or applicable laws.

2. COMMENCEMENT OF THE CONTRACT

2.1 The contract between Users and the Company is established with the User's acceptance of these Terms of Service (TOS).

3.PAYMENT TO THE COMPANY BY THE USER

3.1 The Products and prices published on the Site constitute offers intended for Users.

3.2 The prices of the Products displayed on the Site are indicative and may be subject to changes by the Company at any time. The price of the Products displayed on the Site at the time of the Order is the only valid price.

3.3 During the Order confirmation process, prices must be confirmed by the Company. The prices of the Products displayed on the Site are net prices expressed in the currency of the country or geographic area where the User is located.

3.4 By accepting to proceed with the payment, the User explicitly agrees to these Terms of Service, the confirmed prices, and the contract formation procedure described. The Company does not retain any personal payment data related to Users.

3.5 For credit card payments by the User, the "PayZen" platform is used, a service provided by the French company Lyra, located at 109 Rue de l'Innovation, 31670 Labège, France (the "Payment Service Provider"), whose terms exclusively apply to this User payment method. Payment can be made using one of the credit cards listed during the Order process. The User must make the payment before the delivery of the Products.

3.6 All credit card holders are subject to validation by the card issuer, which must also authorize the cardholder's use. Personal data of the credit card holder required for verification may be shared with third parties. If the credit card issuer does not authorize the payment, any delivery delays or Order cancellations will not be the responsibility of the Company.

3.7 If non-payment is due to technical reasons or the User's refusal to make the payment, the Company will not be able to deliver the Products

4. ONLINE ORDERING SYSTEM

4.1 To access the Products offered on the Site, the User must create a mandatory online account. Personal data provided for this purpose is governed by the Company's Privacy Statement.

4.2 In order to place orders for Products and utilize certain services or features available on the Site, the User must provide the Company with accurate, precise, up-to-date, and complete information about themselves.

4.3 In the event that the information provided during registration changes later on, the User must promptly inform the Company using the contact form located on the "Contact" page of the Site.

4.4 The User's account password must be unique and kept secure by the User. In case of a security breach of the User's password and/or account, or in the event of unauthorized use, the User is required to promptly inform the Company.

4.5 Additionally, the Company's Privacy Statement is valid.

4.6 After creating an online account on the Site, the User can order the Product(s) of their choice, subject to availability.

4.7 Placing an Order for a Product on the Site should be considered an offer to purchase a Product, in accordance with these TOS.

4.8 After making an Order on the Site, a message on behalf of the Company will be sent to the User's email. However, this confirmation message does not constitute an Order confirmation and does not imply the approval of the Order in any way, as all Orders are subject to approval by the Company. Prior to Order acceptance and for the purpose of transaction security and fraud prevention, the Company reserves the right to request the User's telephone confirmation of certain Order-related information and/or to prove their identity (e.g., by providing a photocopy of identification).

4.9 If the Company's requests are not met within a specified timeframe, the Company reserves the right to cancel the User's Order and impose a limit on the quantity of Products the User can order in a single transaction.

4.10 Furthermore, the User agrees that the Company may use their personal data to conduct appropriate anti-fraud checks. Personal data provided by the User may be disclosed to a credit assessment or anti-fraud agency, which may record them. For further information on this, the User is encouraged to refer to the Company's Privacy Statement.

4.11 If the ordered Products are temporarily unavailable or no longer available, the User will be notified by the Company via email. In such a case, the User may choose to wait for the Product to become available again or cancel their Order.

4.12 The Company will confirm the acceptance of the User's Order by sending an Order confirmation via email.

4.13 The Company may be awaiting deliveries from its suppliers, and therefore, reserves the right to offer the User prepayment (pre-order) for certain Products. Typically, this process allows the User to receive the Product ahead of other customers as soon as it becomes available. In the case of a pre-purchase, the User's rights are identical to those provided for a traditional purchase from the Company.

4.14 Products in stock may be allocated to Users who have made prepayment for their Orders, and they will receive the Products before Users who have placed conventional orders on the Site with immediate delivery.

4.15 The Company may be unable to deliver a Product for various reasons, particularly due to delays or issues with suppliers, production, or quality reasons. In such a case, the Company will inform the affected User via email and offer them the choice to wait for the Product to become available or cancel their Order.

4.16 The Company reserves the right to introduce a promotional code system for the benefit of Users. In such a case, the codes are non-transferable, non-cumulative, and cannot be converted into cash.

4.17 If the Company introduces such a system, promotional codes must be used within the indicated timeframe.

4.18 The Company reserves the right to cancel, at its discretion, any sale in the case of abuse or fraud in the use of promotional codes by Users.

5. DELIVERY OF THE PRODUCTS TO THE USERS

5.1 Products purchased by Users through the Site will be delivered as soon as possible, following full payment of the sales amount by the User. In the event of User payment delay, the Company reserves the right to cancel the contract without further formality (CO art. 214 par. 1).

5.2 Products are shipped to Users via a courier with a signature upon delivery, except for packages containing only watch straps or similar items. Deliveries will be handled by local or international third parties (referred to as Couriers) responsible for delivering the Products. However, deliveries cannot be made to the following countries: Angola, Argentina, Benin, Bolivia, Botswana, Brazil, Burkina Faso, Burundi, Cameroon, Central African Republic (CAR), Chad, Chile, Colombia, Comoros, Congo (Republic of the Congo), Ivory Coast, Ecuador, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Djibouti, Guinea, Guinea-Bissau, Equatorial Guinea, Guyana, India, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mexico, Mozambique, Namibia, Niger, Nigeria, Paraguay, Peru, Rwanda, Russia, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, South Sudan, Suriname, Tanzania, Togo, Uganda, Uruguay, Venezuela, Zambia, Zimbabwe.

5.3 The prices indicated include Duty Delivery Paid (DDP) delivery, which includes VAT and customs charges, with delivery of the Products to the address provided by the User.

5.4 For some countries where DDP deliveries are not possible, prices include Delivery at Place (DAP) delivery, which means delivery of the Products to the User-specified address, excluding VAT and customs charges.

5.5 Some countries may require the payment of additional customs taxes and/or duties, in addition to the amount of the Products displayed on the Site.

5.6 The Company does not issue tax refunds to Users but can assist, upon User request, in clearing a delivery held by Swiss or foreign customs authorities, even if it may result in extended delivery times.

5.7 The delivery times indicated on the Site are purely indicative, and the Company cannot be held responsible for any delays.

5.8 The cost of delivery is included in the retail price of the Products.

5.9 The delivery address provided by the User is the one stated in the Order confirmation email sent by the Company. If the User is not present at the time of delivery, a delivery notice will be left by the Courier. In this case, the User is responsible for picking up the package within the specified period. Failure to do so will result in the return of the Product(s) to the Company, and it will be the User's responsibility to contact the Company's customer service to arrange for a possible re-shipment at the User's expense. The Courier may require additional information from the User to clear and complete the delivery. If the User fails to provide this information, the goods will be returned to the sender, and the User will be responsible for the return and reshipment costs and related customs charges.

5.10 The User is responsible for the accuracy of the delivery information provided at the time of the Order. Any errors in the completion of the User's contact data are not the responsibility of the Company. If such an error results in the return of the Product(s) to the Company, the User will be responsible for the reshipment costs of the Product.

5.11 For the delivery process, the terms and conditions of the designated Courier apply exclusively. Therefore, the Company is not responsible for the delivery process.

5.12 Delivery, delivery delays, and the loss and/or theft of packages are the exclusive responsibility of the Courier responsible for delivering the Products, with the exception of circumstances directly attributable to the Company.

5.13 The Products ordered remain the property of the Company until delivered to the User's delivery address. The transfer of risks and benefits occurs at the time of delivery to the User's delivery address (even if the package is left at the door or in the building's lobby). Therefore, the Company may request the return of the Product(s) before the transfer of ownership if the User fails to comply with these Terms of Service.

5.14 The Company will not be held responsible for:

Delays in delivery due to customs procedures;
The loss and/or theft of the package containing the Product(s) after delivery to the User's address by the Courier;
In the case of force majeure, as defined in Article XII, resulting in delays and/or non-delivery of the Product(s).

6. PRODUCT RETURNS POLICY

6.1 Before the Company hands over the Order to the Courier, the User has the right to exercise the right of withdrawal at any time, without the need to provide any reasons. In any case, during the withdrawal period, the User is not authorized to use the Product(s). To exercise the right of withdrawal, the User must send a written withdrawal request to the email: info@simonetlaurent.com.

6.2 After the Company hands over the Order to the Courier, the Product(s) can be returned by the User within a period of 15 (fifteen) days from the date of receipt of the Product(s) by the User. To be eligible for a return, the Products must be intact, unopened, and equipped with all labels and protective materials. To initiate the return process, the User must contact the Company via email: info@simonetlaurent.com.

6.3 Products must be returned by the User using the return label provided by the Company. Packages returned directly to the Company's premises will not be processed and will be returned to the User at their own expense.

6.4 Products must be returned in new and perfect condition, with the protective material, original labels, security stickers, and applied stickers. Once received, the Products will undergo Quality Control (QC) and functional tests by the Company. The User is required to handle the Product with care during inspection. Any damage due to wear and tear will be subject to a charge only if such wear and tear exceeds what is necessary to assess the nature, characteristics, and functionality of the Product. To assess the nature, characteristics, and functionality of the Product, the User is allowed to handle and inspect the Product as they would in a physical store. For example, wearing a leather strap once may cause irreversible deformation, so if worn, it will not be eligible for return.

6.5 Any return without the original "SL Simon Et Laurent" packaging and/or the specific Product packaging in good condition entitles the Company to withhold the corresponding value from the total refund to the User.

6.6 Each return or exchange is subject to strict Quality Control (QC) by the Company to ensure that the Products meet the required standards. If the Product does not pass Quality Control, the Company may require the User to cover the cost of damage or waive the refund.

6.7 The User is responsible for any loss of value of the Product caused by treatment that does not adhere to the instructions for use. If the Product is damaged or destroyed due to the negligence or fault of the User, the Company will charge the User for the cost of restoring or replacing the Product, which will be deducted from the total refund.

6.8 If the User exercises the right of withdrawal in accordance with the conditions described above and the Product passes the Quality Control, the Company will proceed with the refund or replacement as required.

6.9 To facilitate the processing and identification of returns, all returned Products must be accompanied by all order details, including the sales invoice and the customs invoice, if applicable. Unidentified returns will be returned to the User at their expense.

6.10 The Order refund will be made by the Company using the same payment method selected by the User at the time of the Order. If the payment method used is no longer valid or for any other reason not attributable to the Company (loss, payment block, change of bank, credit card expiration, etc.), the Company will contact the User to find an appropriate solution.

6.11 Customized Products are not eligible for return or replacement. Therefore, the return policy does not apply to custom orders.

6.12 The Company reserves the right to refuse orders to Users who make frequent returns, even though the return conditions are flexible.

6.13 Products on sale on the Site at a discounted price by the Company are not eligible for return.

7. INAPPROPRIATE CONDUCT ON THE PART OF THE USER

7.1 The Company is not responsible for damages resulting from the User's use of the Products, especially in the following cases:

Use of the Product in violation of technical or safety regulations, particularly contrary to the instructions provided in the Product user manual.
Abnormal, unreasonable, or inappropriate use of the Product by the User, such as violent impacts, excessive force, or rough handling of the Product.
Normal wear and tear damage due to Product aging.
Unauthorized modifications or assembly by the User.
Damage caused by impacts or blows to the glass, strap, or case of the Product.
Maintenance, disassembly, or repair not carried out by an after-sales service center recognized by the Company.
Damage due to transportation and delivery.
Willful acts, negligence, or errors by the User.
Storage of the Product under suboptimal conditions, such as inadequate temperature and humidity.
Exposure of the Product to adverse weather conditions or non-compliant handling by the User.
Force majeure events, as defined in Article XII of these TOS.

7.2 The User is required to keep the purchase document for the Product. In the absence of the purchase document, the Company may not authorize the return for any defects in the Product.

7.3 The User must ensure that the returned Product includes the original serial number. In the absence of the serial number, the User may not be entitled to the warranty offered by the Company.

8. GUARANTEE

8.1 The Company is committed to ensuring that each Product strictly complies with its quality requirements and passes all technical and aesthetic tests carried out by the Company.

8.2 A Product will be considered defective by the Company if it has damages at the time of receipt by the User or if a manufacturing defect is reported within the terms and conditions of the warranty for that Product.

8.3 If a Product is found to be defective at the time of receipt or if the User discovers a defect within the 2-year warranty period from delivery, the User has the right to return it for repair. In this case, the User must contact the Company using the contact form on the "Contact" page of the Site. This procedure is valid only if the order status is "completed."

8.4 Products are covered by a 2-year warranty from the date of delivery. During the warranty period, the User is required to report any defects in writing within 5 (five) working days to avoid the cancellation of this right. The warranty claim, repair, or replacement will not, in any case, extend or start a new warranty period.

8.5 Users are advised to avoid contact of the watch's leather strap with water, unless the strap has been subjected to waterproofing treatments. Contact with water can damage the leather strap (creasing, tearing, fading). Therefore, it is recommended to remove the leather strap before washing hands, taking a shower, or bathing. The warranty covers only manufacturing defects of the Product. Products with luminescent, fluorescent, and/or phosphorescent decorations do not pose any danger to Users.

8.6 The Company's advertising campaigns and promotions depict Products under unusual circumstances or conditions that do not represent normal use of the Products. The warranty on the Products is limited to defects caused by the normal and proper use of the Products by Users. Otherwise, Articles 7 and 9 of these TOS apply.

8.7 To activate the warranty, the User must access their customer account on the Site. In the "Warranty" section, the User must activate the warranty by clicking the button corresponding to the Product in question. The User must also provide the serial number (mandatory), the product reference code (SKU), and the order number. If there are any issues, the User is encouraged to contact the Company.

8.8 During the analysis of the information contained in the Product return request, the Company reserves the right to refuse the warranty for legitimate reasons (e.g., warranty period expiration, defects not covered by the warranty, or improper use of the Product by the User).

8.9 Under the warranty, the Company may choose to repair or replace the defective Product at its discretion, within the limits of possibility. Repair times are purely indicative, and the Company cannot be held responsible for any delays. If the Product is not repairable or replaceable and is no longer available, the User will be entitled to a full refund.

8.10 The repair of a Product by the Company or a third party appointed by the Company does not activate a new warranty for the User.

8.11 To return Products, the User must use the return label provided by the Company. Packages sent directly to the Company's offices will not be processed and will be returned to the User at their expense.

8.12 It is mandatory to attach complete order details to all returned Products to facilitate their identification and speed up processing by the Company. Unidentified returns will be returned to the User at their expense.

9. LIMITATION GUARANTEE

9.1 The Company does not provide any warranties other than those provided for the Products and/or those established in these Terms and Conditions. Any defects must be reported in writing to the Company within 3 (three) working days of the User's discovery of such defects.

9.2 In any case, the User agrees that any warranty the Company may potentially offer in relation to the Products sold will be limited to the residual value of the price paid by the User.

9.3 The Company does not provide any additional warranties or representations regarding the Products provided to Users.

10. EXCLUSION OF LIABILITY

10.1 The Company's Products are intended for private use and not for professional use. To the extent permitted by mandatory law (Art. 100 of the Swiss Code of Obligations), the Company shall not be liable for any direct or indirect damages caused to Users of the Site or the Products due to their use of the Site or the Products. In any case, the Company's liability for direct damages is limited to cases of willful misconduct and gross negligence.

10.2 The Company shall not be liable for any direct or indirect, material, or immaterial damages that the Site and/or the Products may cause to third parties.

10.3 The User agrees that any legal action against the Company must be filed within three years from the date of the damage, or it will be null and void.

10.4 The Products and warranties comply with Swiss law, and the Company shall not be liable for any non-compliance with the law of the destination country other than Switzerland where the Products are delivered. The User is responsible for checking with the authorities in the destination country whether the Product is authorized in that country and to understand their rights of withdrawal.

10.5 In the event of a conflict between the law of the destination country and these General Terms and Conditions regarding the right of withdrawal, the law of the destination country shall prevail.

11. USER OPINIONS

11.1 After the delivery of the Products to the User, the Company reserves the right to request the User's opinion on the ordered Products.

11.2 The User's opinion may only be recorded with their consent. In case the User consents, the Company may ask the User for the reasons for using the Products and their level of satisfaction regarding the use of the Products. This information may be published on the Site with reference to the relevant Products, subject to the User's consent.

12. FORCE MAJEURE

12.1 The Company shall not be liable for any delays in delivery or the possible non-fulfillment of its contractual obligations to the User in the event of force majeure.

12.2 "Force majeure" shall be understood as all circumstances beyond the reasonable control of the Company, including natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, government measures of isolation, restrictions imposed on agriculture, border closures, factory closures, strikes, or other industrial disputes, accidents, factory shutdowns, impediments or delays in transportation, inability or delay in obtaining adequate and necessary supplies or materials, seizures, confiscations, or other measures taken by or at the request of the competent authority, and any other circumstances that are unforeseeable and not attributable to the Company and that, objectively, by their nature, involve a delay in the supply of the Products.

13. DATA PROTECTION

13.1 The Company's Privacy Statement defines its data protection policy. This Privacy Statement, the content of which is expressly accepted by Users, is available on the Company's website at https://www.simonetlaurent.com/condizioni-generali.

14. INTELLECTUAL PROPERTY

14.1 "Intellectual Property Rights" shall include, in particular, trademarks, designs, copyrights, database rights, domain name rights, know-how, patents, and any other registered or unregistered intellectual property rights relating to the Company, the Site, and/or the related Products.

14.2 Intellectual Property Rights relating to the Site, the domain name, and/or the Products held by the Company are and shall remain the exclusive property of the Company.

14.3 The User agrees not to use, represent, or make use, in any other way, of the name of the Company and trademarks owned by the Company and/or take any action contrary to Intellectual Property Rights, including but not limited to any reproduction of Intellectual Property Rights.

15. MISCELLANEOUS

15.1 If one or more clauses of these TOS are declared or become null or ineffective, or if gaps or errors should arise, all the other clauses shall remain valid. The invalid clauses will be reformulated or replaced so that the intended objective of the parties can be achieved, to the extent possible.

15.2 The failure of one of the Parties to enforce any provision of these TOS or to assert its violation should not be construed as a waiver by that Party of the right of that provision.

15.3 The Company reserves the right to amend these TOS at any time, provided that any changes made are communicated to the User.

16. APPLICABLE LAW AND JURISDICTION

16.1 These TOS are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

16.2 In the event of any disputes arising from the interpretation, application, or execution of these TOS, the exclusive jurisdiction shall be Lugano, Switzerland.

17. CONTACT

17.1 Any questions regarding these General Terms and Conditions can be sent to:

a. The email address info@simonetlaurent.com

b. By post, to the address Simon Et Laurent Watches SNC, Corso Elvezia 16, 6900 Lugano, Switzerland.