Conditions of sale
1. General information
1.1 These sales and delivery conditions apply to the sale and delivery of the products listed on the https://www.kekowatches.com website. Please read these terms and conditions carefully before ordering any products from this website. By ordering our products you agree to the following terms and conditions.
1.2 Please click on the “I agree” button at the end of the ordering process if you agree to these terms and conditions. Please understand that if you reject these terms and conditions you will not be able to order any products from this website.
1.3 This website is operated by Zahnd & Kormann GmbH, Wabersackerstrasse 79, CH-3097 Liebefeld (Bern) (“we”, “us”, “our”). KeKo is a trademark of Zahnd & Kormann GmbH. Phone: +41 (0)76 374 99 50. E-Mail: firstname.lastname@example.org.
2. your status
2.1 By placing an order through our website, you warrant the following:
2.1.1 You are qualified to enter into legally binding contracts;
2.1.2 You are at least 18 years old.
3. purchase of goods, ordering process
3.1 Your order of a Product on this Website shall be deemed an offer to purchase the Product in accordance with these Terms of Sale and Delivery.
3.2 After you have placed an order, you will receive an email from us confirming that we have received your order. We will also provide you with all information required for advance payment. Please note that this does not mean that your order has been accepted as all orders are subject to our acceptance. For transaction security and anti-fraud purposes, we reserve the right to require that you accept your order:
– confirm certain information about your order by telephone
– send us proof of your identity (e.g. copy of identity card).
If you do not comply with this request within the period specified, we reserve the right to cancel your order.
3.3 We do not accept any liability for any errors in the visual material or legal spelling of this website.
3.4 As our watches are made to order, we do not have any items in stock. Delivery dates will be communicated on our website.
3.5 We will confirm acceptance of your order by sending you an order confirmation by e-mail. This creates a binding contract between you and us.
3.6 The contract applies only to those products whose dispatch we have confirmed in the order confirmation. We are not obliged to supply any other products which may have been part of your order unless the shipment of such products has been confirmed in a separate order confirmation.
4. price and payment
4.1 The price of any Product shall be as quoted on this Website, except in cases of obvious error. Before the order is placed, the unit prices including the shipping costs (if any) will be shown separately and as a total price.
4.2 Even if we use our best endeavours, it is still possible that some of the products listed on our website may not be listed at the correct price. We normally check the accuracy of prices as part of our shipping process. If the correct price of a product is lower than the price we quote, we will charge the lower amount when the product is shipped. If the correct price is higher than the price quoted on the website, we will, at our discretion, either contact you before shipping the product or reject your order and notify you of such rejection.
4.3 We will not be obliged to deliver a Product to you at an incorrect (lower) price if the price error is obvious and unmistakable and could reasonably have been recognised by you as incorrect, even if we have already sent you an order confirmation at the incorrect price.
4.4 Payment will be made by bank transfer or credit card. We will indicate the price to be paid by you in the order confirmation. Payment must be made before delivery of the products. We will postpone delivery of the Products until full payment has been received. If delivery becomes impossible or you withdraw from the purchase contract, the purchase price will be refunded to you as soon as possible. You are responsible for any charges incurred by your house bank or credit card provider.
4.5 Reservation of title; set-off; right of retention: A- In the case of consumers, we reserve title to the object of purchase until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
B- You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship. C- If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately.
5.1 The current delivery date will be posted on our website and will be announced to you together with the order confirmation.
5.2 The place of delivery corresponds to the information in the order confirmation. For practical reasons, we may dispatch several products from the same order in several partial shipments; we will inform you of this with the dispatch advice. If the shipping costs increase as a result, we will only proceed in this way without your consent if you have already been informed of these increased shipping costs when the contract was concluded.
5.3 If we are unable to meet the estimated delivery date stated in the order confirmation and the corrected delivery date is no longer within 30 days of the order date, we will contact you immediately to inform you of the new delivery date.
6. transfer of ownership and risk
6.1 Ownership of the Product shall pass to you upon full payment of the purchase price (including shipping costs) or upon delivery of the Product to you, whichever occurs later. We may reclaim delivered Products at any time prior to the transfer of ownership if you breach these Terms of Sale and Delivery.
6.2 The risk for the Product shall pass to you upon delivery. For the purposes of this provision, risk means responsibility for damage caused to the Product or by its use, handling or storage.
7. right of withdrawal and consequences of withdrawal
7.1 You can withdraw your contract declarations within 14 days without giving reasons in writing (eg letter, fax, e-mail) after transfer of the full purchase price. The period begins on the day after receipt of the purchase price. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to: Zahnd & Kormann GmbH, Wabersackerstrasse 79, 3097 Liebefeld, Germany. E-Mail: email@example.com Phone: +41 (0)76 374 99 50.
8.1 In the event of damage or defects to products, Zahnd & Kormann GmbH will, at its own discretion, repair the product immediately after the damaged or defective product has been returned.
8.2 Warranty for watches: All watches offered for sale on this website are covered by a 36 month international warranty from Zahnd & Kormann GmbH against defects in materials or workmanship that existed prior to shipment. Zahnd & Kormann GmbH accepts no liability for damage resulting from improper handling or for damage resulting from use. The following defects are not covered by this warranty:
- Damages caused by the incorrect, excessive or unusual use
- Watch strap
- Unauthorised repair
8.3 Warranty claims can be made either to an authorized Zahnd & Kormann dealer or by returning the product to Zahnd & Kormann. Warranty claims must be accompanied by a receipt confirming the date of purchase. The following proofs will be accepted as proof of purchase:
8.3.1 an international warranty certificate with stamp and date,
8.3.2 the original purchase receipt or delivery note,
8.3.3 a bank or credit card statement.
8.4 If there is no proof of purchase, we will provide a corresponding guarantee on a product based on the duration of its availability, if any.
8.5 Returns of products under this warranty must be sent by parcel post to the following address:
Zahnd & Kormann GmbH
CH-3097 Liebefeld (Berne)
8.6 This warranty in no way limits the warranty rights to subsequent performance, reduction, withdrawal and damages to which the Buyer is entitled by law.
9.1 Zahnd & Kormann GmbH shall only be liable for claims for damages based on warranty and other legal grounds – in particular claims based on tort, organisational fault, fault at contract conclusion or any other fault related claims based on breach of duty – insofar as Zahnd & Kormann or its vicarious agents have acted with intent or gross negligence.
10.1 Transfer of rights and obligations. The contract between you and us is binding on you and us and on our respective successors. You may not transfer, assign, encumber or otherwise dispose of the right to delivery of the goods ordered under this contract without our prior written consent.
10.2 Severability clause. Should one of the provisions of these Terms and Conditions of Sale and Delivery be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
10.3 Electronic Communication. If you use our website, you agree that communication with us will be by electronic means to the extent permitted by law. We will contact you by email at the email address you provide or by post at the address you provide.
10.4 Contact address of Zahnd & Kormann GmbH. All messages addressed to us must be sent to Zahnd & Kormann GmbH, Wabersackerstrasse 97, CH-3097 Liebefeld (Berne) or to firstname.lastname@example.org
10.5 Place of jurisdiction and applicable law. These sales and delivery conditions are subject to Swiss law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.6 As far as legally permissible, Bern shall be the exclusive place of jurisdiction for all disputes arising from these terms and conditions of sale and delivery. Zahnd & Kormann is also entitled to sue at the customer’s place of business.