General Terms of Sale
These general terms of sale (“Sale Terms”) set out the terms and conditions that will apply when you buy any Gorilla products (“Products”) through our shop on our website (www.gorillawatches.ch) (“Website”). These Sale Terms form an integral part of our purchase and sale contract. If you are unable to understand, or have any questions about these Sale Terms please contact us using the contact information set out on the Website. You will be required to confirm that you have read and accept these Sale Terms before you submit an order to us. Prior to submitting an order, please save or print a copy of these Sale Terms to keep on file for future reference regarding the order you are submitting. Please note that these Sale Terms are subject to change so review and save or print a copy of these Sale Terms prior to each order that you submit.
2. OFFERS AND PRICES
We will have the right, at any time, to make changes to information about Products displayed on our Website, for example information about prices, description or the availability of Products and we may do so without first giving you notice of the changes. We will not make any changes to the price, availability or description of any Products after we have accepted an order to supply the Products to you.
3. ORDER AND ACCEPTANCE
3.1 If you would like to order Products, you can use the order process on our Website to place an order.
3.2 Each order submitted constitutes an offer to purchase Products from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where orders cannot be processed due to an error in information you have provided to us, for example, where you provide us with:
a) an incorrect payment card number, expiration date or card security value number;
b) incorrect billing information (e.g., where the billing information you provide is different from the information that the bank which issued your payment card has on record);
c) Insufficient or an incorrect shipping address (i.e., street address, city, country or postcode);
d) fraudulent information;
e) there is an error on our Website relating to the Products that you have ordered, for example an error relating to the price or description of the Products as displayed on our Website; or
f) the Products that you have ordered is no longer available through our Website.
3.3 We will, unless we suspect that your order was placed for fraudulent purposes, send you an email to the email address that you have provided to us if we are unable to accept your order, informing you of the reason.
3.4 After we have received your order via the Website, you will receive an email from us confirming receipt of your order, usually within minutes. If you do not receive an email, email or call us before you try to place another order for the same Products. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
3.5 Your order is only accepted by us if you receive a separate order acceptance email. The purchase and sale contract between you and us is created when we send you such order acceptance email.
3.6 We will send you a further email when we dispatch all, or if earlier the first part, of the Products covered by our order acceptance to confirm that your order has been dispatched.
3.7 We will take reasonable steps to ensure that the prices and other information about Products on our Website are accurate. If an error relates to Products for which you have placed an order, we may reject your order under Clause 1(e) above. If we reject your order because of an error, we will notify you at the email address or, if you placed your order over the telephone, the telephone number that you have provided to us and ask you whether you would like to re-submit your order to purchase the relevant Products once we have corrected the error. If we have notified you that we have accepted your order, you will not be required to pay more for the product than the price that was displayed on our Website at the time that you placed your order for the Products.
3.8 If you have any questions, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.
4. PRODUCTS AVAILABILITY
The inclusion of any Products on our Website does not imply, warrant or guarantee that the Products will be available if you wish to place an order to purchase it.
5. PRODUCTS ON BACKORDER
5.1 Any Products on backorder will be shipped by our standard delivery service when it becomes available.
5.2 We will notify you at the email address that you have provided, if we are unable to deliver the Products on backorder within thirty (30) days from the date of your order and ask you if you would like us to send you the Products on backorder when it becomes available or if you would like to cancel your order. If we do not receive a response to our email, we will assume that you do not want us to cancel your order and so we will ship to you the Products covered by your order as soon as it is in stock.
5.3 You can cancel your order for Products on backorder at any point prior to shipment of your order by emailing us.
6. ORDER CANCELLATIONS AND CHANGES
6.1 You can make changes to or cancel your order at any time before your order has been accepted by us. To make changes to your order, please email us at firstname.lastname@example.org. If your order has already been accepted, you will only be able to request a refund or exchange of the Products pursuant to the terms of our return and exchange policy set forth below.
6.2 Any authorized “hold” on your payment card will usually be released within three (3) to five (5) working days from the date of cancellation.
7. RETURN AND EXCHANGE POLICY
If we have sent you Products, which are different from the description of the relevant Products on our Website at the time that you have placed your order, you will have the right to return the Products. Beside this, there is no other return and exchange policy
8. ORDER TRACKING
You may track the progress of your order with the information sent to you on the dispatch email if such tracking number is available from the logistic partner.
9. SHIPPING AND SHIPPING CHARGES
9.1 Local & international shipping to most of the countries in the world is available when ordering Products from our Website.
9.2 We are committed to apply to the same quality standards for the shipping as we do for all aspects for Gorilla.
9.3 You must pay all shipping and handling charges (“Shipping Charges”) in addition to the purchase price for the Product. The Shipping Charges will depend on the value of your order and the country to which the Products are being shipped. Details of the Shipping Charges will be transparently listed during the checkout process. All Shipping Charges will be shown to you before you complete your purchase.
9.4 The shipping time will depend on your exact destination and your country’s custom handling, but mostly varies around 2-5 days. However, specific shipping times cannot be guaranteed.
10. TRANSFER OF TITLE AND RISK
Products that we deliver to you will become your property at the time that you receive it. As soon as we have delivered the Products to you, you will become responsible for it and for any loss, theft or damage to it thereafter.
11.1 We warrant to you that the Products will be free from breakage or malfunction under normal use due to defects in material or workmanship for a period of two (2) years from the time title and risk is transferred to you pursuant to Clause 10 above (“Warranty”). This Warranty does expressly not extend to the watchstrap, bracelet, finish and crystal.
11.2 In case of a Warranty, we will repair, or, at our option, replace any defective Products with the same or a comparable product at our cost. We may refund the purchase if repair or replacement is not commercially possible. YOU SHALL HAVE NO OTHER REMEDIES WHATSOEVER IN CASE OF A WARRANTY. IN PARTICULAR (WITHOUT LIMITATION), YOU SHALL NOT BE ENTITLED TO ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGE ARISING FROM ANY OR ALL USES OF THE PRODUCTS) OR A RESCISSION OF THE SALE AND PURCHASE CONTRACT FOR ANY REASON.
11.3 The Warranty will become null and void if the Products are modified or altered, misused, abused, tampered with or taken apart, or if the Products are repaired by anyone other than an authorized repair centre.
11.4 We warrant to you that the Products will be free from breakage or malfunction under normal use due to defects in material or workmanship for a period of two (2) years from the time title and risk is transferred to you pursuant to Clause 10 above (“Warranty”). This Warranty does expressly not extend to the watchstrap, bracelet, finish and crystal.
11.1 Procedure in case of a Warranty:
a. You must ship or bring the defective Products to one of our authorized representative partners. Check on www.gorillawatches.ch for our authorized representative partners.
b. When shipping or bringing your Products to our service location, please pack it carefully and securely.
c. Be sure to include (i) to include your name, (ii) mailing address (street, city, state, zip code), (iii) preferred phone number (with country and area code), (iv) email address (to help expedite your repair), (v) copy of our order acceptance email and (vi) a note explaining the nature of the problem.
d. When shipping, we recommend that you insure your Products against damage, theft or loss. We are not responsible for damage, theft or loss during shipping.
e. In most of the cases the repair will be completed within 4-6 weeks. Please note there may be issues beyond our control, such as holidays, parts backorders or unique repairs that affect any repair or times.
f. For out-of-warranty work, an estimate as to costs and times will be provided, whereby approval and payment for repair must be obtained prior to processing any repair.
g. If you have any questions, please contact email@example.com
12.1 You may pay for your order using all offered payment solutions and providers on www.gorillawatches.ch.
12.2 The charge for your order will appear on your credit, debit or charge card statement. If you wish to dispute the validity or amount of a charge that appears on your credit, debit or charge card statement, please contact us.
12.3 We use a customs broker to clear international shipments and process all duties and taxes and that broker will also be acting as our agent in relation to the Products that is being delivered.
13. RESALE / RESHIPPING OF OUR PRODUCTS
It is important for us to monitor the quality of the Products that our customers purchase in order for us to maintain customer satisfaction and therefore you must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Products. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our Products.
14.1 Nothing in these Sale Terms will exclude or limit our liability to you for fraud, death or personal injury or any other liability which the applicable law states may not be excluded or limited.
14.2 Subject to Clause 10.1, we will not be liable to you for:
a) breach or default due to any force majeur event (including without limitation any acts of terrorists, acts of God, fire, flood or other extreme weather conditions, market disasters, and any other event which is beyond the reasonable control of us);
b) our minor negligence;
c) any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
d) any loss or corruption of or damage to data; or
e) any actions by auxiliary persons (in the sense of article 101 of the Swiss Code of Obligations); and
f) any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care.
15. PERSONAL INFORMATION
16. GENERAL TERMS
16.1 The purchase and sale contract between you and us (including these Sale Terms) is exclusively governed by the laws of Switzerland, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (so-called Vienna Convention) shall not apply to this contract.
16.2 The place of jurisdiction and performance relating to this contract is Neuchatel, Switzerland.
16.3 If either you or we do not enforce or delay enforcing any of our rights under a contract, this will not stop us from doing so at a later date.
16.4 In case any provision of this contract should be held null and void, invalid or unenforceable, the validity and enforceability of the remaining provisions contained herein shall in no way be affected or impaired thereby and such provision shall be replaced by a new provision having a commercial effect as near as legally permissible to the one found null and void, invalid or unenforceable. The same shall apply by analogy in case of any contractual omissions or gaps.
16.5 No party other than you or us has any right to enforce any term of a contract.