TERMS OF SERVICE (“SALE TERMS”)
1) ORDER AND ACCEPTANCE
Preliminary Note: If you are under 18 years old, you need the consent of your legal representative in order to conclude a contract with DIETRICH.
- If you would like to order merchandise, you can use the order process on our DIETRICH.com (“Website”) to place an order. However, prior to submitting an order by clicking the ‘PLACE ORDER’ button on the Review & Place Order page, we advise you to save or print a copy of this Sale Terms to keep on file for future reference regarding the order you are submitting. Please note that these terms are subject to change so review and save or print a copy of these terms prior to each order that you submit.
- Each order submitted constitutes an offer to purchase merchandise 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 or building society which issued your payment card has on record);(c) insufficient or an incorrect shipping address (i.e., street address, city, country or postcode);(d) any information that may be construed as fraudulent information or misrepresentation;Or where:(e) there is an error on our Website relating to the merchandise that you have ordered, for example an error relating to the price or description of the merchandise as displayed on our Website; or(f) the merchandise that you have ordered is no longer available through our Website.We will, unless we suspect that your order was placed for fraudulent purposes, inform you via email if we are unable to accept your order.
- If you have placed your order through our Website, after we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email, kindly contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
- Your order will be accepted by us only after we dispatch the whole or any part of the merchandise covered by your order. If you have placed your order through the Website, an email will be sent to you when we dispatch all, or if earlier the first part, of the merchandise covered by your order to confirm that your order has been accepted by us. Our contract is created when we send you our shipment confirmation email. The contract may be entered into in the following languages: English, French, and German.
- We will take reasonable steps to ensure that the prices and other information about merchandise on our Website are accurate. If an error relates to merchandise for which you have placed an order, we may reject your order in accordance with Clause 1.2 above. If we reject your order because of an error, we will notify you at the email address and ask whether you would like to re-submit your order to purchase the relevant merchandise 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 where your order had been placed for the merchandise that you have requested, and if we have sent you merchandise which is different from the description of the relevant merchandise on our Website at the time that you have placed your order, you will also have the right to return it. Please see the terms of our return and exchange policy listed below.
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.
2) PRODUCT AVAILABILITY
- The inclusion of any merchandise on our Website does not imply, warrant or guarantee that the availability of any of the merchandise at all times.
- We reserve the right, at any time, to make changes to information about merchandise displayed on our Website, for example, information about prices, description or the availability of merchandise and we may do so without first giving you notice of the changes.
3) 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 our logistic partner.
5) TRANSFER OF TITLE AND RISK
As soon as we have delivered the merchandise to you or your representative(s), you will become solely responsible for it and for any loss or damage to it thereafter.
6) MERCHANDISE AND BACKORDER
- Any merchandise on backorder will be shipped by our standard delivery service when it becomes available.
- We will notify you at the email address that you have provided us with, if we are unable to deliver the merchandise on backorder within thirty (30) days from the date of your order and ask you if you would like us to send you the merchandise 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 merchandise covered by your order as soon as it is in stock. Under those circumstances, the terms specified herein shall still remain applicable to you.
- You can cancel your order for merchandise on backorder at any point prior to shipment of your order by contacting us at email@example.com.
7) PRICES AND PAYMENTS
- We reserve the right to vary the price of our merchandise at any time. We will not alter the price of any merchandise covered by an order after we have accepted the order.
- The prices listed on our Website for all respective merchandise shall be inclusive of SHIPPING ONLY. DIETRICH shall not be responsible for any extra handling fees, custom duties, or tax levied on the merchandise as it is your sole responsibility to ensure the full payment of these additional charges.
- You may pay for your order using either a credit card from Visa, MasterCard, a debit card with a Visa or MasterCard logo as well as via PayPal or direct transfer.
- The charge for your order will appear on your credit, debit or bank If you wish to dispute the validity or amount of a charge that appears on your credit, debit or bank statement, please contact us at firstname.lastname@example.org.
- In the event of any effective cancellation of orders, any authorized “hold” on your payment card will usually be released within three (3) to five (5) working days from the date of cancellation.
- We use a customs broker to clear merchandise and process all duties and taxes and that broker will also be acting as our agent in relation to the merchandise that is being delivered.
8) RESALE / RESHIPPING OF MERCHANDISE
It is important for us to monitor the quality of the merchandise 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 merchandise. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our merchandise, or for any other compelling reason(s).
9) GENERAL TERMS
- The contract and its terms between you and us is governed by Swiss law and the place of jurisdiction and performance relating to this contract is Zug, Switzerland.
- 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.
- If any provision of a contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.
- No party other than you or us has any right to enforce any term of a contract.
10) RETURNS, REFUNDS, EXCHANGES, AND CANCELLATIONS
- If we have sent you the merchandise ordered by you via our Website, which are different from the description of the relevant merchandise on our Website at the time of your order (i.e., defects, wrong watch sent.), you retain the right to return the ordered merchandise for either a refund or an exchange within fourteen (14) calendar days from the day you received your order. Apart from this, you do not have any rights to request for a return, refund or exchange of the said merchandise.
- You may 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 email@example.com. If your order has already been accepted, you will only be able to request a refund or exchange of the merchandise pursuant to the terms of our return and exchange policy set forth below.
- In the event of an effective cancellation pursuant to the aforesaid policy terms, all payments (including delivery cost) shall be returned to you after we have received the cancellation request. Please note that DIETRICH is unable to refund any bank charges or currency conversion fees you may have incurred from your card provider or your bank.
- In regards to returns, refunds and exchanges pursuant to Clause 10.1, we will organize the pick-up for the said merchandise. DIETRICH assumes the shipping cost for the return. You only have to compensate us for the deterioration of the item(s)’ conditions or for benefits obtained if the benefits obtained or the deterioration of the item(s) are attributable to handling the item(s) in a manner which goes beyond testing their qualities and functioning. ‘Testing their qualities and function shall be understood to mean testing and trying out the relevant goods in a manner which is possible and usual, for example, in a physical store.
- The payment will be refunded via the same payment method that had been used by you in the original purchase if not explicitly agreed otherwise with you. DIETRICH will not charge any cost associated with refunding the money.
- Our products are shipped as soon as possible via our designated logistics partner. Depending on your delivery address, the time it may take for your exchanged product to reach you, may vary.
11) DIETRICH LIMITED WARRANTY
- DIETRICH guarantees all genuine (and authenticated where necessary) timepieces with a 2-year Limited Warranty (“Limited Warranty”). For this purpose, kindly retain copies of your original invoice for authentication purposes (whether digital or physical). Failure to do so may result in DIETRICH refusing to honour any warranty coverage of the said merchandise.
- DIETRICH watches are warranted to the original consumer/purchaser against breakage and or malfunction under normal use due to defects in material or production. The 2-year Limited Warranty includes all components and craftsmanship of the movement and watch case.
- Our liability shall under no circumstances exceed the actual amount paid by you for the applicable merchandise that you have purchased from us, save for the warranty made by us, neither we nor any supplier or manufacturer of products make any Limited Warranty whatsoever with respect to the merchandise and all such warranties are hereby disclaimed and excluded, whether express warranties or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
- The foregoing remedies are your sole and exclusive remedies and our entire obligation and liability for any breach of the Limited Warranty and you shall have no other remedies whatsoever in case of a breach of the Limited Warranty. In particular (without any 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 merchandises) or a rescission of the sale and purchase contract for any reason. Kindly be advised that when asserting any remedies due to a breach of the Limited Warranty, you will only be afforded the remedies outlined above under the express condition that you provide us with a valid purchase receipt for the defective merchandise. Otherwise, we shall not have any obligation and liability out of any breach of the Limited Warranty and, accordingly, you will not be afforded any of the remedies outlined above.
- DIETRICH will repair or replace any defective DIETRICH watch with the same model at our cost. DIETRICH will refund the full amount of the purchase if repair or replacement is not commercially possible. The warranty will become null and void if the timepiece is misused, abused, tampered with or taken apart, or if the timepiece is repaired by anyone other than an authorized repair centre. Under such circumstances, DIETRICH reserves the right to refuse warranty coverage regardless of the authenticity of the merchandise in question.
- The warranty is not extended to the watch strap / bracelet, finish, crystal. The warranty does not cover any incidental, consequential or special damage arising from any or all uses of the DIETRICH watch. An authorized dealer / repair centre must repair the watches or the warranty is null and void.
- Please e-mail firstname.lastname@example.org or an official retailer listed on our Website to inquire about the closest authorized repair centre.
- For warranty service please include a copy of your proof of purchase (invoice or warranty card). For non-warranty work, we will provide you with an estimate for your approval once we have received and assessed the merchandise.