These General Terms and Conditions regulate the conclusion, content and execution of contracts between Alco Ltd (hereafter Alco) and its customers (hereafter “customer”) in association with the sale of products and services (hereafter “goods”) via the platform watches.alco.ch (hereafter «the web shop»).
2. Ordering the goods
2.1 Obligations of the customer
The customer commits to provide truthful information when ordering the goods. Persons under the age of 18 and persons not legally capable of acting on their own behalf confirm with their order that they have the consent of their legal representative to conclude the corresponding transaction.
The customer commits to keep the personal password for access to the user account stored carefully in a safe location. Alco shall not be liable in the event of any improper use or misuse of the password.
2.3 Records of the order
Alco has no obligation to accept the registration of a customer or the order of a registered customer. We have no obligation to maintain goods available at any time. However, orders confirmed by us are not subject to this.
3. Conclusion and cancellation of the contract
3.1 Conclusion of the contract
The presentation of the goods on watches.alco.ch shall be considered as an offer. The contract comes into effect when the goods are ordered, respectively when the order confirmation is sent.
When the order is completed on www.postsuisseid.ch, the contract comes into effect between Alco and the customer. From this point onwards cancellation shall not be possible.
4 Delivery of the ordered goods
4.1 Place of delivery and stocks
In principle, the goods are delivered worldwide within the available stock. Deliveries are usually made by DPD.
4.2 Delivery time
The term «available» means that the product is available in our stock. However, delays may apply. Whenever delivery time are stated in working days, latter correspond to all days of the week except Saturdays, Sundays and legal bank holidays.
4.3 Impediments to delivery
The customer shall be informed immediately of any impediments to delivery. If the goods are not or no longer available (cf. Section 4.1), delivery time is extended in the appropriate way. We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attribuable to any cause beyond our reasonable control, including without limitation any act of God «Event of Force Majeure», actions of third parties (including without limitation hackers, suppliers, authorities, etc.), strikes or lock-out of workmen, fire, flood, mechanical breakdown, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen. In case impediment lasts more than 6 weeks over the initial delivery date, customer is entitled to terminate the contract. Any amounts already paid by the customer shall be reimbursed in the event of cancellation. Further claims of the customer, in particular claims for compensation due to delays in delivery, are excluded.
5. Prices and terms of payment
For receiving the goods the customer shall pay Alco the valid prices at the time the contract was concluded, as published on watches.alco.ch, within 30 days into the account indicated on the invoice.
If the payment deadline is missed and if a late-payment notice has to be sent, the customer of the web shop shall be charged a flat fee of CHF 20.00 for the second notice and each additional notice generated by the collection of the due amount. The right to claim further costs is reserved, in particular all debt collection and legal costs.
An interest rate of 7% per year as well as any other costs incurred by Alco shall be charged to customer for any late payment.
Goods remain Alco’s property untill full payment of invoice and any interest or incurred costs.
6. Payment methods
The customer can choose between different payment methods. If the customer pays by credit card, the customer shall authorise Alco to assign its claims to the corresponding credit card company. In this case the provisions of the credit card agreement shall apply.
7. Warranty and liability
Essentially warranty claims may be filed only if fault lies with Alco.
If the goods have a defect, the customer may exchange them for free of defects ones provided he/she reports the defect on time (cf. Section 7.2). If the customer cannot be provided with a replacement, the customer shall have the right to withdraw from the contract and, by returning the goods, may ask for reimbursement of the purchase price provided conditions of article 7.2 are fulfilled.
This warranty applies instead of the warranty and associated compensation claims of the Swiss Code of Obligations.
7.2 Notice of defects
For all purchases on watches.alco.ch, Alco grants an optional right of return valid 8 (height) days. The customer shall check the goods upon receipt. As soon as they are discovered, defects must be reported to Alco in writing (electronically or in paper form) but not later that 8 (height) days after receipt of goods. After notification of defects and prior written acceptance by Alco, the defective goods must be returned to the contact address as per Section 9.6 with the acceptance form supplied by Alco.
The customer shall bear the costs for the return of the goods. Goods returned without reason and preliminary written agreement from us cannot be accepted. We shall accept only complete goods in their original packaging, in excellent conditions and not used or partly used. Manufactured goods cannot be refunded. If all conditions are fulfilled the credit note shall correspond to 95% (ninety five percent) of the invoiced amount. Beyond the 8th day, no credit is granted. The optional right of return is not applicable to promotions or special sales or to products that are not adapted to a return due to their nature.
Any liability of Alco is excluded, in particular for damages caused by improper installation, handling or use of the goods or due to delays in delivery or based on the quality or the loss of the data provided by the customer. Our liability is limited to the quality of products delivered. In case of defective quality of a product we shall reimburse only its original value and we can not be held responsible for any interests or damage whatsoever. We are not liable for damages caused by the non respect of usage instructions, inappropriate or maladjusted use of product. A test carried-out by yourself shall determine if the product corresponds to the usage you want to make of it. If a recommendation on the product is provided by us, it is only on a general basis. All users/customers bear all risks and responsibilities for potential dammage linked to usage of products.
Reimbursement are always done on the bank account, credit card or post account that you have provided to us. Make sure that you have access to this account.
7.5 Storage time and conditions
If no other information given:
Adhesives: 1 year
Glues: 6 months
Abrasives: 1 year.
about 18 degrees Celsius
Relative humidity: about 60%
Adhesives and glues must be protected from UV
We bear no responsibility for unappropriate storage.
8. Data protection and data security
8.1 Protection of personal data
Alco collects and processes the personal data of its customers in accordance with the regulations of the Swiss data protection legislation. We shall take all economically, technically and organisationally reasonable and feasible precautions to ensure that the data provided for the implementation of the contract shall be effectively protected to prevent third parties gaining unauthorised access thereto.
8.2 Data processing
To ensure service in line with market needs, the customer agrees that Alco may use all registration and usage data for market research purposes as well as the customer’s name and coordinates for advertising purposes. Alco may align such data in anonymous form with user information of third parties and/or compile user statistics and inform third parties of these statistics.
8.3 Passing on personal data
Alco shall pass on the personal data to third parties only if this is essential for fulfilment of the contract. The third parties may not pass on the personal data sent by Alco or use it for their own purposes.
If personal data needs to be sent abroad for fulfilment of the contract, Alco is obliged to contractually impose the provisions of Section 8 of this contract on the third parties.
9. Final provisions
9.1 Engaging third parties
Alco may engage third parties to provide its services at any time.
9.2 Amendments to the General Terms and Conditions
Alco may amend these General Terms and Conditions at any time.
9.3 Partial invalidity
Should one or more of these provisions be void or ineffective, the validity of the other provisions shall remain unaffected. In this case, Alco will replace the void or ineffective provisions with provisions that are effective and of equal value economically as far as possible. The same shall apply to the closure of any loopholes.
9.4 Original text
These General Terms and Conditions are written in several languages. In the event of contradictions, the French version shall be binding.
9.5 Place of jurisdiction and applicable law
Swiss law applies to this contractual relationship exclusively. The exclusive place of jurisdiction is Berne.
9.6 Contact address
Avenue de la Concorde 18
PO Box 2
Version January 2019
© ALCO SA 2019