GENERAL TERMS OF SALE
Version dated May 25, 2023
Please note that the French version of this Notice shall prevail over other languages versions. This translation in English has no legal value.
1.1 These General Terms and Conditions (hereinafter: the "T&C") are applicable to the online sale of the Products to the users (hereinafter: the "Users") by way of the Website hosted at the following URL: https://www.GORILLAWATCHES.ch/ (hereinafter: the "Website") provided by the company GORILLA WATCHES Sàrl (CHE-361.006.737), headquartered at Route de Neuchatel 30b, 2088 Cressier (hereinafter: the "Company"). The company operates the brand "GORILLA", registered with the Swiss Federal Institute of Intellectual Property n° 1296829 (US no. 5,111,739).
1.2 The Website offers the Users the opportunity to purchase watches and accessories from the brand “GORILLA” (hereinafter: the “Products”) online. The Company reserves the right to modify its general Terms & Conditions, including these T&C, at any moment. In that case, the applicable general Terms & Conditions will be those in force on the date that the order of the Product(s) (hereinafter: the “Order”) is placed.
1.3 Along with the general Terms & Conditions of the pre-boarding program (hereinafter: the “PPTC”) and the Confidentiality Policy, these T&C are an integral part of the contractual relationship between the Users and the Company. In creating a “user” account on the Website, you confirm that you have read and understood these T&C in their entirety, and that you agree to adhere to them unconditionally. These T&C shall prevail over any other conditions not expressly accepted by the Company.
1.4 In agreeing to these T&C, you acknowledge that you are over the age of 18 (eighteen) and that you are able to exercise your civil rights or, should you appoint a company, that you have the capacity to represent it legitimately. Should this not be the case, you are not permitted to order the Products by way of the Website.
1.5 The Company only supplies its Products to Users over the age of majority in accordance with Swiss law, that being over the age of 18 (eighteen). In confirming their Order and paying the Company for the Product(s), the User declares on their honor that they are of age. You will be responsible for any and all damages suffered by the Company as the result of a violation of this provision.
1.6 In agreeing to these T&C, you guarantee that you have sufficient financial means to respect the commitments made in relation with the Product(s) ordered and that you have neither declared bankruptcy nor are on the verge of doing so.
1.7 The User guarantees that they are a natural person acting in their capacity as the end user and that they shall in no way supply, sell or distribute the Product(s) to third parties. The User also agrees not to purchase the Product(s) for commercial purposes.
1.8 In the event that one of these declarations and guarantees should prove inaccurate, the Company reserves the right to have the contract entered into with the User invalidated in accordance with articles 23 of the Swiss Code of Obligations (hereinafter: the “CO”), without prejudice to other means and actions available to the Company.
1.9 The Company may refuse an Order for legitimate reasons, for example if said Company has reason to believe that an Order has been placed by the User in violation of these T&C and/or applicable law.
2.1 The contract between the Users and the Company is entered into upon acceptance by the User of these T&C.
3.1 The Products and prices published on the Website are offers intended for Users.
3.2 The prices of the Products offered on the Website are indicative and may be modified by the Company at any time. The price of the product(s) displayed on the Website on the day of the Order is the only one applicable.
3.3 The prices must be confirmed by the Company as part of the confirmation of the Order. The Product prices that appear on the Website are net prices displayed in the currency of the country or area in which the User is located.
3.4 In making their payment, the User expressly accepts these T&C, the prices thereby confirmed and the outlined contracting process. The Company does not store any Personal Data relating to payments made by Users.
3.5 User credit card payments are made through the following platforms (“Payment service provider”) whose own terms & conditions are only applicable to this User payment method.
- Stripe.com provided by Stripe, Inc.
- Paypal.com privded by PayPal Holdings, Inc.
- Google Pay operated by Alphabet Inc.
- Apple Pay operated by Apple Inc.
Payment can be made using the credit cards listed during the Order process. Payment must be made by the User before the Products are delivered.
3.6 All credit card holders are subject to a validity check performed by the issuer of the credit card, which must, furthermore, authorize the holder to use the card. The Personal Data of the credit card holder required for the checks may be exchanged with third parties. Should the credit card issuer not authorize the payment, any delay in or non-delivery of the Order cannot be attributed to the Company.
3.7 In the event of non-payment for technical reasons or the User’s refusal to pay, the Company will not be in a position to deliver the Products.
4.1 In order to access the Products offered on the Website, the User is obligated to create an online account. The Personal Data provided to this end is governed by the Company’s Confidentiality Policy.
4.2 In order to be able to order the Products and use certain services or features made available to you on the Website, you must provide the Company with information about you. This information must in its entirety be exact, precise, current and complete.
4.3 In the event that information provided during their registration should later change, the User is required to inform the Company immediately via the contact form which can be found on the “contact” page of the Website.
4.4 The password for the User’s account must be unique and guarded safely by the Users. In the event that the security of the User’s password and/or their account is breached or in the event of any unauthorized use, the User is required to inform the Company immediately.
4.5 Furthermore, the Company’s Confidentiality Policy applies.
4.6 After creating an online account on the Website, the User may order the Product(s) of their choice, subject to availability.
4.7 The placing of an Order for a Product on the Website is considered to be a bid pertaining to the purchase of a Product in accordance with these T&C.
4.8 After placing an Order on the Website, a message will be sent on behalf of the Company to the User’s email address. This confirmation message does not yet constitute confirmation of the Order and in no way signifies that the Order has been accepted, as all Orders are subject to the approval of the Company, which reserves, before any acceptance of the Order and in order to ensure the security of transactions and to combat fraud, the right to request that the User confirm by telephone certain information relating to their Order and/or to provide proof of identity (e.g. a photocopy of an ID card).
4.9 In the event that the requests of the Company are not met by the given deadline, the Company reserves the right to cancel the User’s Order and to limit the quantity of Products available to be ordered by the User in one unique transaction.
4.10 Furthermore, the User accepts that the Company may use their Personal Data to conduct the appropriate anti-fraud checks. The Personal Data provided by the User may be disclosed to a credit rating or anti-fraud agency, which may retain a record. The User is referred to the Company’s Confidentiality Policy for further information on this matter.
4.11 If the Products ordered are not currently or are no longer available, the User will be informed of this by the Company via electronic mail. In this case, the User has the choice of waiting for the Product to become available again or cancelling their Order.
4.12 The Company will confirm acceptance of the User’s Order by sending them an Order confirmation via electronic mail.
4.13 The Company may be awaiting deliveries from its suppliers, and thereby reserves the right to propose that the User make an advance payment (pre-order) for certain Products. This process usually allows the User to receive the Product before other clients, once it becomes available. The User’s rights in the case of advance purchase are identical to those pertaining to a conventional purchase from the Company.
4.14 The Products in stock may first be allocated to those Users who have made advance payments for their Orders, who will receive the Products before Users who have placed conventional orders on the Website for immediate delivery.
4.15 It is possible that the Company might not be in a position to deliver a Product for various reasons, notably in the event of delays or issues with the suppliers, production or quality. In such an event, the Company will inform the affected User by electronic mail and propose that they wait until the Product is available or cancel their Order.
4.16 The Company reserves the right to implement a system of promotional codes in favor of the Users. Should they be implemented, such codes will be neither transferable nor combinable, nor can they be exchanged for cash.
4.17 Should such a system be implemented by the Company, the promotional codes must be used before the indicated cut-off date.
4.18 The Company reserves the right to cancel - at its sole discretion - any sale in the event of abuse or fraud in the use of promotional codes by the Users.
5.1 The Products purchased by the User by way of the Website will at the earliest be delivered after full payment of the retail price by said User. If and when the User is in arrears with their payment, the Company reserves the right to terminate the contract without further formalities (CO art. 214 para. 1).
5.2 Products are sent to the Users by mail with signature upon receipt, with the exception of packages only containing (a) strap(s). Deliveries are handled by local or foreign third parties (also called Transporters) responsible for the delivery of the Products; however deliveries are not possible for the following countries: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic (CAR), Chad, Colombia, Comoros, Republic of the Congo, Democratic Republic of the Congo, Djibouti, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Guyana, India, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Pakistan, Russia, Rwanda, São Tomé et Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Suriname, Tanzania, Togo, Uganda, Venezuela, Zambia, Zimbabwe
5.3 For certain countries the prices include Delivery Duty Paid (DDP), which means that the Products are delivered with acknowledgement of receipt to the address indicated by the User, customs duties and VAT included.
5.4 For certain countries to which DDP deliveries prove impossible, the prices include Delivery Duty Unpaid (DDU), which means that the Products are delivered to the address indicated by the User, customs duties and VAT not included. The Company indicates on the Website at the moment of purchase whether or not said fees must be paid.
5.5 Certain countries require payment of customs duties and/or import fees in addition to the price of the Product displayed on the Website. The Company indicates on the Website at the moment of purchase whether or not said fees must be paid.
5.6 The Company does not issue tax refund slips to the Users, but may intervene at the request of a User in an attempt to liberate a delivery retained by Swiss or foreign customs, which will extend the delivery period and delay the User’s receipt of the Product(s).
5.7 The delivery times shown on the Website are purely indicative estimates and in no way is the Company to be held responsible for them.
5.8 The value of the delivery by mail is included in the retail price of the Products.
5.9 The User’s delivery address is the one indicated by said User and cited in the Order confirmation email sent by the Company. In the event that the User is absent upon delivery, a failed delivery notice is usually left by the Transporter, and in this event it is the responsibility of the User to collect the package from the location and within the period of time specified by said notice (except in the case of registered mail, for which failed delivery notices are not left). In the event that the aforementioned deadline is not met through the fault of the User, the Product(s) will be returned to the Company, and in such cases it will be the responsibility of the User to contact the Company’s customer service department to arrange potential reshipment at the expense of the User. The Transporter may request additional information from the User in order to successfully clear customs and/or complete the delivery. In the absence of this information due to the inaction of the User, the merchandise will be returned to the sender. The User will be responsible for the cost of return and resending, in addition to the associated customs duties.
5.10 The User is responsible for the delivery information provided when finalizing their Order. In the event of an error in the wording of the User’s contact details, the Company will not be held responsible for the inability to deliver the Product(s). If this error leads to the Product(s) being returned to the Company, said Product(s) will be reshipped at the expense of the User.
5.11 Only the general terms and conditions of the Transporter handling delivery apply, thereby eliminating the liability of the Company with regards to the delivery process.
5.12 Delivery, any potential delays in delivery, and the potential loss and/or theft of your package are exclusively attributable to the Transporter handling the delivery of the Product, with the exception of the Company.
5.13 The Products ordered remain the property of the Company until delivery to the address provided by the User. The transfer of risks and rewards takes place at the moment of delivery to the User’s delivery address (including in the event that the package is left at the door or in the hallway of an apartment building). Consequently, the Company may demand the return of the Product(s) before the transfer of ownership should the User not respect the terms of these T&C.
5.14 The Company will not be held liable:
• in the event of delivery delays resulting from customs clearance processes;
• in the event of the loss and/or theft of the package containing the Product(s) once it has been delivered by the Transporter to the User’s delivery address;• in the event of Force Majeure, as defined in article XII, resulting in the delayed or non-delivery of the Product(s).
6.1 Before the Company hands the User’s Order over the Transporter, the User has the right to withdraw at any moment with no requirement to provide justification. In any case, the User is not authorized to use the Product(s) during the withdrawal period. The User must send their written withdrawal request using the return form made available by the Company.
6.2 After the User’s Order has been handed over to the Transporter by the Company, the Product(s) may be returned within a period of 14 (fourteen) days from the date of receipt of said Product(s) by the User, provided that the packaging of the Product(s) in question is intact, unopened and has all of its labels and protective materials. In order to proceed with a return in such a case, the User must make use of the form provided for this purpose in the “Members” section of the Website.
6.3 Product(s) must be returned by Users using the return label provided by the Company. Packages returned by Users directly to the Company’s headquarters will not be processed and will be returned to the User at their own expense. However, if Users are unable to use the provided return label, they should contact Customer Support to discuss alternative return options.
6.4 6.4 Products must be returned as new and in perfect condition with all of the protective material and labels in place, as well as the attached security tags and stickers. Once received by the Company, they are subject to Quality Control (QC) and functional testing. The User must take care of the Product when they examine it. Compensation for wear will only be demanded if the User's use of the Product exceeds the limits necessary to establish its nature, features, and functionality. Users may only handle and inspect the Product in a way that would be allowed in a physical store. For instance, leather straps that have been worn and warped will be rejected during the quality control stage.
6.5 Any return lacking the original “GORILLA" box and/or the special packaging of the Product in good condition will give the Company the right to withhold the corresponding value from the total value of the refund granted to the User.
6.6 All returns and/or exchanges will be subject to rigorous Quality Control by the Company to ensure that the returned Product conforms to the requirements for return. If the Product inspected does not meet Quality Control standards, the Company may require the User to pay for the damages and/or renounce the refund. The User will be notified and given an opportunity to respond before any deductions are made.
6.7 The User is responsible for any loss in the value of the Product resulting from handling of said Product contrary to the instructions for use. If the Product is damaged or destroyed through the fault of and/or the negligence of the User, the Company will deduct the cost of the restoration or replacement of the Product from the total value of the refund granted to the customer.
6.8 Should the User exercise their right to return in accordance with the aforementioned conditions of return and should the returned Product pass Quality Control, the Company will proceed with the applicable refund or exchange.
6.9 All Products returned by the Users must be accompanied by the full order details (sales invoice and customs invoice if applicable) in order to facilitate their processing and identification by the Company. Unidentified returns will be returned to the User at their own expense. If there are issues with identifying the returned Product, Users should contact Customer Support for resolution.
6.10 The refund of the Order will be handled by the Company via the same payment method used by the User when placing the Order on the Website (either by refunding the amount to the credit card or by transfer to the bank account used). Should the payment method used by the User when placing the Order no longer be valid or for any other reason not attributable to the Company (loss, stop payment, change of banking establishment, change or expiry of credit card, etc.), the Company will contact the User in order to find an adequate solution. The Company aims to process refunds promptly and will communicate the estimated timeline to the User.
6.11 Personalized Products will be neither taken back nor exchanged. Therefore, the returns policy does not apply to this type of Order. Users are encouraged to carefully review and confirm personalized details before placing the order.
6.12 In order to offer the User an unrivaled experience, the return conditions set by the Company are flexible. Nevertheless, the Company does keep a record of the number of returns made, reserving the right to refuse an order in the event of repeated returns by the User.
6.13 Orders sent back by Users in compliance with the aforementioned conditions applicable to returns are covered by insurance provided by the Company up to the value of the Products and a maximum of 10,000 CHF.
6.14 Products on offer on the Website whose retail price has thereby been reduced by the Company without obligation cannot be returned.
7.1 With regards to the Products delivered to the User, the Company will not be held responsible for any damage resulting in particular from:
- any use of the Product contrary to the current technical or safety standards and in particular any use contrary to the instructions provided in the Product's user guide;
- any use of the Product by the User inconsistent with normal, reasonable and/or appropriate use (as is notably the case in the event of violent impact, excessive force or rough handling of the Product);
- any normal wear and tear and aging of the Product;
- any non-compliant set-up or assembly by the User;
- any shock and/or impact to the crystal, strap or case of the Product;
- any maintenance, disassembly or repair not performed by an after-sales service center approved by the Company;
- transport and/or delivery;
- any voluntary act, negligence or User error;
- storage of the Product in suboptimal conditions (temperature, humidity, etc.);
- exposure of the Product to climatic conditions or any form of non-compliant handling by the User;
- Force Majeure under article XII of these T&C.
7.2 The User is required to provide the Company with proof of purchase of the Product. In the absence of said proof, the Company will not grant return material authorization in the event of a potential fault with the Product.
7.3 The User is required to provide the Company with a Product displaying the original serial number. In the absence of said serial number, the User will not be granted right to the guarantee by the Company.
8.1 The Company meticulously ensures that each Product conforms strictly with its quality requirements and that it satisfies all inspections and tests, both technical and esthetic, conducted by the Company.
8.2 The Product will be considered defective by the Company if it is already damaged at the moment of receipt by the User or if a manufacturing defect is reported in conformance with and within the timeframe stipulated by the guarantee pertaining to the Product in question.
8.3 If a Product is defective at the moment of receipt or the User discovers a defect within the guarantee period of 2 (two) years from receipt of the Product, the User has the option to return it for repair. In such a case, the User must contact the Company in writing via the contact form found on the Website (in the “Guarantee” tab of the User account). This process is only valid once the order status reads “completed”.
8.4 The Products are guaranteed for 2 (two) years from the date of delivery. During the guarantee period, the User is required to report any defect to the Company in writing within 5 (five) working days, or be subject to the nullification of this right. In no case will claims made under guarantee, or for repair, or cases of replacement, result in the extension of the guarantee period or the commencement of a new one. Certain Products are covered by a 3 (three)-year guarantee. At the latest, the Company will inform the User of said 3 (three)-year guarantee at the moment that the Product is delivered.
8.5 The Company highly recommends avoiding any contact between the leather watch strap and water, provided that said strap has not undergone any form of waterproofing treatment. In the event that the leather watch strap does come into contact with water, there is a risk of damage to the former (cracks, breakage, loss of hue). The Company advises Users to remove their leather strap before washing their hands, taking a shower or bathing. This guarantee only covers manufacturing defects in the Product. Products featuring luminescent, fluorescent and/or phosphorescent patterns do not pose any danger to the Users.
8.6 The Company’s publicity campaigns and promotions (by nature intended to showcase the esthetic and innovative character of the Company’s Products), which may sometimes portray the Products in unusual circumstances or operating conditions, cannot be considered to constitute examples of normal use of the Products. The Company’s guarantee on the Products is limited to cases of defect(s) contingent upon normal and customary use of the Products by the Users. Should this not be the case, articles VII and IX of these T&C apply.
8.7 In order to activate their guarantee, the User must sign in to their customer account on the Website. In the “GUARANTEE” tab, the User must click on the activation button in the line corresponding to the Product in question. The User is also required to indicate their serial number (mandatory), their product reference (SKU) and their Order number. In the event of an issue, the User is invited to contact the Company.
8.8 During the analysis of the information figuring in the Product return claim, the Company reserves the right to refuse any guarantee with legitimate cause (for instance in the event that the guarantee period has passed, for defects not covered by the guarantee or for improper use of the Product by the User).
8.9 Within the framework of the guarantee, the Company may at its discretion repair or replace the defective Product to the extent possible. All repair times are indicative and in no case will the Company be held liable for them.
8.10 The repairing of Products by the Company or a third party consulted by said Company do not entitle the User to a new guarantee.
8.11 The Products must be sent by the User using the return label provided by the Company. Packages sent directly to the Company’s offices will not be processed and will instead be returned to the User in question at their own expense.
8.12 All Products returned must be accompanied by the full details of the Order to facilitate their identification and accelerate their processing by the Company. Unidentified returns will be returned to the User in question at their own expense.
9.1 The company does not provide any guarantee other than those provided in relation to the products and/or those provided for by these general terms and conditions. Any potential defects must be reported to the company in writing within 3 (three) working days of the user noticing said defects.
9.2 In any case, the user accepts that the guarantee that the company might be led to assume in relation to the products sold will be limited by the residual value of the price paid by the user.
9.3 No other guarantee is assumed by the company with regard to the users in relation to the products provided.
10.1 The company’s products are intended for private use and are not intended for professional use. To the fullest extent permitted by mandatory law (co art. 100), the company will not answer for any damages, direct or indirect, caused to the users of the website or the products owing to their use of the website or the products. In any case, the company’s liability for direct damages is limited to willful misrepresentation and gross negligence.
10.2 The company will not answer for any damages, direct or indirect, tangible or intangible that the website and/or the products may cause to third parties.
10.3 In any case, the user accepts that any action for liability against the company must imperatively be filed within three years of the damage occurring, or be subject to nullification.
10.4 The Products and guarantees conform with Swiss law and the Company cannot be held liable in relation to the Products in the event of a failure to comply with the legislation of the country outside of Switzerland to which the Products are delivered. It is the User’s responsibility to make their own inquiries with the authorities of the country in which the delivery is taking place in order to know whether the Product is authorized there and to learn about their rights of withdrawal.
10.5 In the event of conflict between the law of the country of delivery and these T&C regarding the right of withdrawal, the law of the country of delivery takes precedence.
11.1 Once the Products have been delivered to the User, the Company reserves the right to request the User’s opinion on the Product(s) ordered.
11.2 The User’s opinion may only be recorded with their consent. In the event that the User consents, the Company may question said User about their reasons for using the Products and about their satisfaction with regard to the use of the Products. This information may be published on the Website in connection with the Products in question with the consent of the User.
12.1 The Company will not answer for any delay in delivery or the non-fulfilment of its contractual obligations with regard to the User in the event of Force Majeure.
12.2 “Force Majeure” should be taken to mean all circumstances beyond the reasonable control of the Company, including natural phenomena, governmental measures, terrorist acts, demonstrations, fire, explosion, flooding, epidemics, pandemics, state confinement measures, restrictions imposed on agriculture, border closures, factory blockades, strikes or other industrial disputes, accidents, factory downtime, transporter impediments or delays, the impossibility of or delay in obtaining the appropriate and necessary supplies or materials, foreclosure, sequestration or other measures taken by or at the behest of the apparent competent authority and any other acts that are neither foreseeable nor attributable to the Company and which objectively by nature lead to a delay in the provision of the Products.
13.1 The Company’s Confidentiality Policy defines its practices in regard to data protection. This Confidentiality Policy, the contents of which are expressly accepted by the Users, is available on the Company’s Website: https://www.gorillawatches.ch/es/privacy-policy/
14.1 “Intellectual Property Rights” should in particular be taken to mean the brands, designs, copyrights, database rights, domain name rights, expertise, patents and any other intellectual property rights, which have been filed or recorded or otherwise, related to the Company, the Website and/or the related Products.
14.2 The Intellectual Property Rights relating to the Website, the domain name and/or the Products held by the Company are and will remain the exclusive property of said Company.
14.3 The User agrees not to use, represent or in any other way make use of the name of the Company and the brands owned by said Company and/or perform any act that would be contrary to the Intellectual Property Rights, including but not limited to the reproduction in any way of the Intellectual Property Rights.
15.1 Should the clauses of these T&C be declared or become null or ineffective, or should any loopholes become apparent, the other provisions will remain valid. The invalid clauses will be interpreted or replaced in such a way that the intended goal of the Parties may be reached to the greatest possible extent.
15.2 The failure of one of the Parties to demand the application of one of the provisions of these T&C or to avail itself of its violation shall not be interpreted as the renunciation by said Party of the entitlement to said provision.
15.3 The Company reserves the right to modify these T&C at any time, on condition of notification of any changes made to the User.
16.1 These T&C are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
16.2 The exclusive jurisdiction for any dispute relating to the interpretation, application or execution of these T&C is situated in Neuchatel, Switzerland.