The general terms and conditions of sale (hereinafter the “GTCs“) apply to all transactions carried out on the Lionel Meylan SA online shop (hereinafter the “online shop“).
The online shop is operated by Lionel Meylan SA (hereinafter referred to as “the Seller“, “we” or “us“).
The Seller reserves the right to amend these GTCs at any time. The applicable version of the GTCs is the version available online at the time of ordering.
The products and services of the online shop are exclusively intended for customers domiciled or having their registered office in Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
By placing an order, customers warrant that they are entitled to exercise their civil rights.
Conditions of sale and delivery
Ordering and concluding the contract
Ordering a product by a customer from the online shop constitutes a binding offer to purchase in accordance with these GTCs and the law.
Once the order has been placed, an acknowledgement of receipt is sent to the customer. The order is then checked by the Seller. The contract is only considered concluded between the two parties an order confirmation has been sent to the customer.
In the event of a product being unavailable, the customer will be informed and the order cancelled. Any payment already made in such an event will be refunded. No claim may be made against the Seller in the event of cancellation.
In the event of immediate unavailability of the product, in particular due to a production or delivery deadline imposed by the supplier, the customer shall be informed thereof. In such a case, the customer is entitled to a cancellation period of ten (10) calendar days. Once this cancellation period has lapsed, the customer is deemed to have accepted the production or delivery deadline imposed by the supplier.
The Seller expressly reserves his/her discretionary right to refuse any order.
Product and price information
Information and illustrations of the products displayed in the online shop are provided for information purposes only and without obligation. They do not engage the Seller’s responsibility. Product information is provided as accurately as possible on the online shop but is not binding on the Seller. The manufacturer’s information, and the manufacturer’s guarantee in particular, is valid insofar as it is applicable in Switzerland.
The sales prices displayed in the online shop are in Swiss francs, including VAT, postage and packaging.
The Seller reserves the right to modify the prices of the products and services offered at any time and without prior notice. The agreed price is the price indicated on the online shop at the time of the order. Any additional chargeable services that are ordered are shown separately in the shopping basket and on the invoice.
The Seller makes every effort to indicate delivery times as accurately as possible. These times are purely indicative and are not contractually binding for the Seller. They may be modified at any time. Any claim for compensation for late delivery is excluded.
In-store delivery and collection
The client may choose from any of the delivery and collection options indicated on the online shop when ordering products and/or services from Lionel Meylan SA,
Once the order has been placed and validated, the customer will be contacted in order to agree on a delivery date.
The customer may agree with the Seller on an express delivery, meaning within a period of about three (3) hours. This method of delivery is only possible geographical distance permitting, and is in each case subject to a specific agreement with the Seller.
In the event of a delay in delivery for which the Seller is responsible, the customer may withdraw from the contract within thirty (30) days of the originally agreed date. If this right is exercised, the Seller shall reimburse any amounts already paid, without incurring any penalty.
If the customer does not accept the products ordered on the agreed or indicated delivery date, the Seller is entitled to withdraw from the contract (cancellation) and to charge the customer for delivery costs incurred and any loss in value.
If the customer does not collect the products ordered from the shop within thirty (30) days of their availability, the Seller shall be entitled to withdraw from the contract (cancellation) and to charge the customer for any loss in value.
Duty of verification
At the time of delivery or collection from the shop, the customer must immediately and scrupulously check that products conform to expected standards, are complete and have not been damaged during delivery.
Damaged or non-conforming products and incomplete deliveries must be reported to the Seller immediately, no later than two (2) days from the date of collection or delivery. In this case, the customer must under no circumstances use the products. The customer must replace them securely in their original packaging and proceed in accordance with the Seller’s instructions.
Warranty and repairs
Warranty on new items
For a period of two (2) years after delivery or collection from the shop, the seller offers a warranty that the products ordered will remain free from any operational defects. The warranty period shall remain valid notwithstanding the completion of maintenance services under warranty.
The warranty is only valid for new products, which excludes all second-hand products.
The Seller may apply the warranty by doing one of the following:
- free repair (the original warranty period continues to run for the entire product);
- partial or complete replacement by a second-hand/repaired product of the same value (in the case of replacement within the first year of the guarantee, the original guarantee period remains in force; in the case of replacement within the second year of the guarantee, the guarantee period is one (1) year from the date of the exchange);
- replacement by a new product by the Seller (new warranty period of two (2) years from the date of replacement);
- the issue of a credit note to the value of the price applicable at the date of the exchange (but at most the sale price at the date of the order);
- any other reduction.
Components subject to wear such as batteries and watch straps are excluded from the warranty.
Should the manufacturer’s warranty be more extensive than the Seller’s warranty, it will be applied to the customer.
Warranty on second-hand items
Second-hand products are sold as is, without any warranty.
A warranty may be provided, but only if this is expressly agreed with the Seller, and if it is derived from the supplier’s conditions.
The existence of a warranty from the supplier is mentioned in the product description.
The costs of out-of-warranty repairs will be borne by the customer. For products without a detectable defect or for which the defect is not covered by the warranty, the Seller reserves the right to charge the costs of checking the alleged defect as well as the cost of shipping to the customer.
Liability and exclusion of liability
All questions of liability are governed by the law and in particular the Swiss Code of Obligations. The Seller’s liability for contractual and non-contractual claims for damages is excluded for (i) slight negligence, (ii) indirect damages, consequential damages and loss of profits, (iii) unrealised savings, (iv) damages resulting from delay in delivery and (v) liability or omissions of the Seller’s auxiliaries.
The seller excludes all liability for damages attributable to one of the following causes:
- improper storage, adjustment or use, contrary to the contract or illegal use of the product;
- installation of incompatible spare parts or accessories;
- failure to maintain and/or improper modification or repair of the product by the customer or a third party;
- force majeure, and in particular damage caused by the elements, humidity, a fall or impact, for which the Seller is not responsible, and prescriptions of authorities.
Methods of payment
Payments must be made in Swiss francs.
The customer has several means of payment at his disposal, listed on the online shop under “payment options”.
In the event of payment by credit card or other means of immediate payment, the amount will be debited at the time of ordering. In the case of payment by credit card, payment is subject to validity checks and authorisation by the card issuer. The Seller is authorised to share with third parties the customer’s personal data necessary for these checks. If the credit card issuer refuses to authorise payment to the Seller, the latter shall not be liable for any delay or non-delivery. If payment cannot be made within 30 days of receipt of the order, the Seller is entitled to cancel the order.
The Seller may offer payment through an expressly authorised financing organisation. In this case, the General Terms and Conditions of the financing organisation in question shall apply to all matters relating to such funding. These General Terms and Conditions remain applicable to the products and services offered. If the financing organisation refuses to authorise payment to the Seller, the latter shall not be liable for any delay or failure to deliver. If payment cannot be made within thirty (30) days of receipt of the order, the Seller is entitled to cancel the order.
In the case of payment in advance, order confirmation will be provided by the Seller upon receipt of payment.
If the customer does not fulfil his or her payment obligations, in whole or in part, all outstanding amounts owed by the customer to the Seller on any grounds whatsoever shall immediately (in the case of early payment, within eight (8) calendar days from the first notice of default) fall due, and the Seller may demand immediate payment and suspend deliveries of products to the customer.
On expiry of the payment period set for him/her, the customer shall be deemed in default of payment without further notice of default and shall be liable to pay default interest of 5% p.a. The Seller shall also be entitled to charge reminder fees of up to CHF 10 (ten Swiss francs) per payment reminder as well as any other costs, in particular for collection proceedings, if any. The customer agrees that the Seller may pass on his data to an external collection agency for the purpose of collecting outstanding debts.
Retention of title
The products ordered remain the property of the Seller until full payment has been made. The Seller is entitled to record retention of title in in its books/accounting ledger. Prior to the transfer of ownership, any form of pledging, assignment by way of security, processing or transformation without the express permission of the Seller is prohibited.
Modification or cancellation of an order
Orders are binding on the customer, who is obliged to accept the products and services. The Seller may at its sole discretion accept subsequent changes or cancellations of orders by the customer and charge a penalty for the inconvenience to the amount of 20% of the order value, with a minimum charge of CHF 60 (sixty Swiss francs), as well as any loss in value of the product in question since placement of the order.
Should delivery (partial or complete) be impossible (resolutive condition) after the order or conclusion of the contract, the customer will be informed immediately by e-mail. If the customer has already made the payment, this amount will be refunded. If no payment has been made, the customer is released from his/her payment obligation. Further claims for delay or non-delivery are excluded.
Return of non-defective products
The Seller authorises the return of products ordered within fourteen (14) days of dispatch or withdrawal, provided that the product has not been used or worn and is in the condition in which the customer received it.
Products must be returned in their original condition and packaging (including the tamper-evident label and protective film which must not be removed) and accompanied by all accessories and the warranty card. Products that are damaged or on which the tamper-evident label or protective film has been removed will not be taken back or will be charged to the customer in full.
If the customer makes use of his/her right of withdrawal in compliance with the above-mentioned return conditions, the Seller shall refund the full purchase price paid, less any transport costs that may have been paid.
The customer is responsible for the proper shipping of returned products (insurance coverage). The return label enclosed with the delivery fulfils the technical insurance requirements. The use of this label for returns is mandatory. For orders of several products and in the case of delivery in separate packages, products must not be returned in a single package but separately, as on delivery, in order to be covered by insurance.
For the return of products that have been delivered by the “concierge service”, the customer must contact the Seller to arrange for collection.
The privacy statement available by clicking on the Privacy Statement link is an integral part of these GTCs. By accepting these GTCs, the customer declares that he/she also accepts the privacy statement.
The invalidity or unenforceability of any provision of these GTCs shall not affect the enforceability of other provisions and these GTCs. The invalid or unenforceable provision will be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid or unenforceable provision.
Jurisdiction and applicable law
The legal relationship between the Seller and the customer shall be governed exclusively by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention) and its amendments and supplements.
All disputes related to or arising from the legal relationship between Lionel Meylan SA and the client are subject to the exclusive jurisdiction of the ordinary courts of the canton of Vaud, subject to any mandatory fora.
Lionel Meylan SA – December 2020 version of the GTCs