General Terms & Conditions
1. General
- These sales and delivery conditions are valid for the sales and delivery of the products and services featured on this website worldwide. Please read them carefully, before ordering products from this website. When ordering our products, you declare that you agree with the following conditions.
- When you finish placing your order, please click on the indicated button “I accept the sales and delivery conditions and the data protection terms of ATLANTIC”, if you agree with the sales and delivery conditions and data protection terms. Please understand that if you decline these sales and delivery conditions and data protection terms, no products can be delivered to you.
- This website is hosted by ATLANTIC WATCH LTD., Solothurnstrasse 44, 2543 Lengnau (“ATLANTIC”, “we”, “us”, “our”). Telephone: 032 625 18 88. E-Mail: info@atlantic-watch.ch.
- ATLANTIC tries to reproduce the shapes and colours of the products appearing in these pages as accurately as possible. However the depicted forms and colours depend mostly on the representation of each screen and can vary slightly from the original product shapes and colours.
2. Your Status
When placing an order on our website, you guarantee the following:
- You are able to conclude legally binding contracts.
- You are at least 18 years old.
- You are a private individual and buying products for non-commercial purposes.
3. Buying Goods, Ordering Procedure
- Your product order on this website counts as an offer to purchase the product according to the sales and delivery conditions.
- After you have placed an order, you will receive an e-mail from us confirming that we have received your order. Please note that this does not mean that your order has been accepted.
- Orders depend on acceptance by ATLANTIC.
- The delivery times are only approximate and non-binding, unless such deadlines / dates are expressly confirmed by ATLANTIC by a separate written declaration as binding.
- In the event that ordered products are not available, we will advise you by e-mail, and you will have the option either to wait until the product becomes available, or to cancel the order.
- We confirm our acceptance of your order, when we send you our order confirmation by e-mail. This creates a binding contract between us.
- The contract refers only to those products, which are listed in our order confirmation. We are not obliged to deliver any other products, which may have been included in your order, unless we have confirmed the despatch of these products in a separate order confirmation.
4. Price and Payment
- Product prices correspond with those listed on the website, except in clear cases of error.
All listed prices are exclusive VAT. Please note: Any customs taxes and additional charges such as VAT in the recipient’s country are responsibility of the customer and have to be settled by the customer. - Our internet site contains a large number of products, and even with our greatest efforts, it is still possible, that some products on our website are not showing the correct price. Normally we check all prices during our despatch process. If the correct price is lower than the indicated price, we calculate the lower price when despatching. Should the correct price be higher than that quoted on the internet, we will at our discretion, either contact you prior to despatch or decline your order and confirm this to you.
- We are not obliged to deliver a product to you at an incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an incorrect price entry, even if we have already sent you a contract confirmation listing the wrong price.
- Payment can be made with the credit or debit card mentioned during the order process. In Switzerland and Liechtenstein it is also possible to obtain goods via cash in advance. We will include the price you are to pay in the contract confirmation. Payment must be made prior to product shipment. We will debit your credit card with the amount owing shortly before product shipment. We will hold product delivery until receipt of your full payment.
- All credit card holders undergo credit checks and approvals with their credit card companies. The personal data of credit card holders, which are necessary for these checks, may have to be shared with third parties. Should the issuer of a credit card refuse to authorise payment, we cannot be held responsible for delays or non-deliveries.
5. Delivery
- We will confirm shipment details by e-mail. Delivery will follow generally within 3 to 5 working days from the date of order, unless other arrangements were agreed at the time of order.
- The delivery address corresponds with the data in the contract confirmation. We deliver just into selected countries which are choosable during the registration process. For practical reasons, we may send several products from the same order in part-shipments and confirm this in the despatch notice.
- Atlantic bears the transport costs. Import duty etc. has to be paid through the costumer.
6. Transfer of ownership and risk
- Ownership of the product is transferred to you upon the complete payment of the full sales price or with the delivery of the product, whichever happens later. We may still demand the return of delivered products at any time before the transfer of ownership, in the event that you do not comply with the sales and delivery conditions.
- The product risk is transferred to you upon its delivery to the requested address. Risk in this context means responsibility for damages, which happen to the product or during its handling, usage or storage.
7. Guarantee
- In case of losses or damages to products, ATLANTIC will automatically repair the products or provide replacements, after the damaged or faulty products have been returned.
- Watch guarantee: All watches offered for sale on this website are covered by the ATLANTIC WATCH LTD 24-month international guarantee against materials or manufacturing defects. You can find the complete guarantee conditions in the international operating instructions manual provided with every watch.
- Claims under guarantee can either be handled by an authorised ATLANTIC dealer or by returning the product to ATLANTIC, accompanied by confirmation of the sales/delivery date. The following documents will be accepted as proof of purchase:
- an international guarantee certificate with stamp and date
- the original sales receipt or delivery document
- a bank or credit card payment slip
- Product returns under guarantee must be sent by parcel post to the following address:
ATLANTIC WATCH LTD
Solothurnstrasse 44
2543 Lengnau
Switzerland - This guarantee does not in any way limit the guarantee rights to subsequent performance, price reduction, contract rescission or compensation, to which the purchaser is entitled by law.
8. Liability
- ATLANTIC is liable for damages claims arising from the guarantee and other legal grounds – especially for claims relating to unlawful actions, organisational or contract fulfilment failure, or any other claims relating to breach of duty – only as far as ATLANTIC or its authorised agents are found to have demonstrated wilful intent or gross negligence or the liability relates to rights concerning product liability. The foregoing exclusion from liability for cases of simple negligence does not apply to damages causing loss of life, bodily injury or damage to health or in the case of the fraudulent concealment of a defect. In these cases ATLANTIC is responsible for the simple negligence on the part of its own departments or those of its authorised agents.
9. Miscellaneous
- Transfer of rights and Obligations: the contract between you and us is binding for both of us and our legal successors. You may not transfer, assign, encumber or dispose in any other way of your right to the delivery of goods ordered under this contract without our prior written approval.
- Electronic communication: if you use our website, you automatically agree that your communication with us – although legally permitted – is made by electronic means. We will use the e-mail address you provide or write to you by post using the mailing address you provide.
- ATLANTIC’s contact address: all messages being sent to us should be addressed to: ATLANTIC WATCH LTD., Solothurnstrasse 44, 2543 Lengnau or to info@atlantic-watch.ch.
- Jurisdiction and applicable law: these sales and delivery conditions are subject to Swiss law to the exclusion of any conflict of laws. The UN convention on the international sales of goods (CISG) is not applicable.
- As far as legally permitted, Biel/Bienne is the exclusive court of jurisdiction for all disputes arising from these sales and delivery conditions. ATLANTIC is also entitled to litigate in the courts of its customers’ place of business.