General terms and conditions of service (GTCS)
ARTICLE 1 SCOPE OF VALIDITY
1.1 These General Terms and Conditions of Service (hereinafter also referred to as "GTCS") of Bucherer AG (hereinafter referred to as "Bucherer") apply to all services performed by Bucherer or third parties called in by Bucherer on goods delivered or sent to Bucherer for this purpose.
1.2. These terms of service shall apply in their current version as at the point in time of the service rendered. These GTCS can also be found at www.bucherer.com/serviceconditions.
1.3 The information provided by Bucherer in connection with services and the preparation of cost estimates for brand names and the qualification of materials does not imply the authenticity of the goods or their quality.
ARTICLE 2 DELIVERY OF GOODS
2.1 It is possible both to physically hand over the goods in a Bucherer sales shop and to send the goods to such a shop by post.
2.2 After delivery of the goods to a Bucherer show room, the customer receives a collection card confirming receipt of the goods. This collection card serves as proof of identity and must be presented upon collection. If the goods are sent, the customer will receive an acknowledgement of receipt at the contact indicated by him. Bucherer reserves the right not to accept goods sent from abroad but not correctly imported into the country under customs law.
ARTICLE 3 ORDER BUDGET & WRITTEN COST ESTIMATE
3.1 If it is possible for Bucherer to determine the required service and its price immediately upon delivery of the goods, the order budget (upper price limit) is agreed directly with the customer and recorded on the collectioncollection card. Despite all care taken in accepting the goods by Bucherer, it cannot be ruled out that individual defects or necessary work may not be detected before the goods have been thoroughly inspected by Bucherer. It is therefore possible that the cost of the service may be higher than estimated in the order budget. In this case, Bucherer will provide the customer with a cost estimate in accordance with Article 3.2.
3.2 If it is not possible for Bucherer to determine the price of the service when the customer delivers the goods in accordance with Article 3.1, or if the goods have been sent to Bucherer by post, Bucherer shall provide the customer with a written cost estimate within a reasonable time.
3.3 The cost estimate is valid for 2 months from the date of issue; cost estimates may also be sent via e-mail. The customer gives Bucherer the final order by signing and returning the cost estimate to Bucherer or by depositing it in a show room. Rejected cost estimates are generally subject to a charge. The customer will be informed of the expected fee before obtaining the cost estimate.
3.4 If, during the provision of the services, Bucherer determines that a correction to the estimate is necessary or that additional work not included in the original written estimate must be carried out in order to ensure the functionality of the services, Bucherer shall promptly submit an additional estimate to the customer. The same provisions as for the initial cost estimate shall apply to this cost estimate with the exception of the provision in Clause 3.3, Sentence 2. Service work shall be suspended until written approval of the additional or updated cost estimate by the customer. In addition, Bucherer shall inform the customer if planned service work cannot be carried out or cannot be carried out as agreed for reasons not attributable to Bucherer. In the event of rejection of the new cost estimate or in the event that the planned service work cannot be carried out or cannot be carried out as agreed, the service will be discontinued and only the costs for services already performed will be invoiced (without additional costs for the updated written cost estimate). In this case, to the extent permitted by law, any warranty for services performed is excluded.
ARTICLE 4 NON-ACCEPTANCE/REJECTION COST ESTIMATE
Once the cost estimate has expired, the goods shall be returned to the customer after payment of the costs for preparing the written cost estimate in accordance with Article 3. If the customer fails to pay, Bucherer may proceed in accordance with Article 10.
ARTICLE 5 PROCESSING/REPAIR PERIOD
The delivery or repair period stated in the cost estimate is a non-binding time indication which is extended accordingly, particularly in the case of necessary additional work or extension orders placed later. If the cost estimate is not approved within 5 days of its issue by the customer, the customer may be informed of a new repair period. This new repair period shall take into account the current workload and may exceed the delivery period initially stated in the cost estimate. The same applies in the event of delays due to force majeure or serious, involuntary and unforeseen operational disruptions, such as legal strikes, lockouts, involuntary absence of workers or supplies. Bucherer will inform the customer in the event of a deviation from this non-binding processing or repair period. If the impediment lasts longer than 30 days from the expiry of the due date, Bucherer shall be entitled to withdraw from the contract within the following 14 days.
ARTICLE 6 COMPONENTS USED
In the case of watches, worn components are replaced by new components as part of the service. The price of the service includes components that are replaced as part of the service, provided that the replacement of these components in connection with the service is usual and expected. The invoicing takes into account the return value of the replaced components, especially in the case of precious materials (e.g. gold or platinum). Replaced components are properly disposed of during the repair process and are normally only be returned within the express request of the customer before placing the order, whereby Bucherer reserves the right in this case to increase the price for the replaced components accordingly. Excluded from a return to the customer are those components to be replaced for which Bucherer receives a corresponding spare part from its supplier only in exchange for the replaced component. In this case, the replaced parts shall always become the property of Bucherer or the manufacturer/supplier respectively.
ARTICLE 7 RETURN OF GOODS
7.1 Bucherer informs the customer of the completion of the service. If the goods were physically delivered in a show room, they are handed over by Bucherer upon presentation of the collectioncollection card in a show room in Switzerland, and depending on the needs of the customer, the goods will be moved to another shop for the purpose of collection. If the collectioncollection card cannot be presented, it will only be returned after a valid identification document has been presented. Bucherer may also hand over the goods to a third party upon presentation of the collectioncollection card, but reserves the right to determine the entitlement in any case. At the written request of the customer, the goods can be sent to the address provided by the customer at the time of delivery (only within Switzerland) within a reasonable period of time against payment of a shipping fee, also using a secure mode of shipment. Changes of address of the customer after delivery of the goods will only be accepted after formal identification of the customer. If the goods were sent to Bucherer from abroad, no collection on site is possible. The goods will be sent to the address indicated by the customer at the time of delivery within a reasonable period using a secure mode of dispatch. Shipping is at the expense and risk of the customer. When the goods are dispatched to the customer in accordance with this Article 7, the risk shall pass to the customer as soon as the delivery is handed over by Bucherer to a carefully selected freight company. Bucherer disclaims any liability for damage and/or loss of the goods due to an error in the address provided by the customer.
7.2 Bucherer does not assume any customs, VAT or other legal obligations of the customer and is not liable for the consequences of any legal infringements by the customer. The customer shall indemnify Bucherer and its employees or agents against any claims by third parties arising from alleged or actual breaches of law in connection with the dispatch of goods by the customer to Bucherer or the return of goods by Bucherer to the customer within the meaning of this Article 7. The customer undertakes to reimburse Bucherer for any and all costs (including attorneys' fees) incurred by Bucherer as a result of third party claims.
ARTICLE 8 ACCEPTANCE
Acceptance takes place when the processed goods are accepted by the customer without complaint.
The customer must inspect the goods after acceptance or receipt and immediately notify Bucherer of any obvious or immediately recognisable defects, i.e. within 7 days, in writing or verbally on site. If there is a non-essential defect, the customer cannot refuse acceptance. The rights in the event of defects are regulated in detail and exhaustively in Articles 12 and 13. If the goods are not collected within six months of the request for collection, the provisions of Article 11 shall apply.
ARTICLE 9 PRICE OF THE SERVICE, INVOICING AND PAYMENT
The price for the service includes VAT and - if included in the cost estimate - costs for packaging, transport and/or insurance. The price for the service must be paid at the latest when the goods are returned. Bucherer reserves the right to demand a reasonable part of the price based on the estimate, or even the total amount, as an advance payment.
ARTICLE 10 RIGHT OF RETENTION AND SELF-CONTRACTING
Bucherer is entitled to a right of retention and a statutory lien for claims arising from the order of the goods delivered for service. The customer shall hereby grant Bucherer the right to self-contracting and the right to a private sale or private utilisation.
ARTICLE 11 STORAGE AND WAIVER OF OWNERSHIP IN THE EVENT OF NON-COLLECTION
If the goods are not collected within six months of notification of completion, Bucherer will contact the customer regularly for five years and request the customer to collect the goods. If the goods are not collected within this 5-year period, the customer shall not be obliged to continue to store the goods and shall not be liable for any damage to or loss of the goods. If the customer does not respond at the latest to the last contact within a further month, the customer hereby waives ownership of the goods in the sense of a conditional order and this automatically passes to Bucherer at the relevant time without any further action on the part of the customer or Bucherer. Subject to or in addition to the provisions of this Article 11, Bucherer reserves the right to use the goods in accordance with Article 10.
ARTICLE 12 WARRANTY TERMS
12.1 As an independent warranty declaration, Bucherer guarantees the perfect functioning of all revisions and restorations of watches in accordance with manufacturer tolerances from the service date for a period of two years. The customer receives a corresponding warranty card upon receipt of the watch.
The following letters on the warranty card may exclude certain characteristics from the warranty for age-related reasons:
W: water resistance is no longer guaranteed
P: the original gait tolerances in terms of precision can no longer be achieved
B: There is an increased risk of loss of the watch due to wear and tear of components in the bracelet.
12.2 Excluded from this warranty are defects or damages which have arisen for the following reasons:
- due to unsuitable or improper use of the goods (impact, shock, fragmentation, etc.), external intervention, neglected maintenance, insofar as this was recommended by the manufacturer (in particular leakage checks), faulty or negligent handling or the use of components other than those recommended by Bucherer;
- loss, theft or fire;
- intentional damage, tampering, negligence or accident and/or improper repair or alteration of the goods by the customer or third parties.
Defects and damages due to normal wear and tear and aging as well as goods with removed serial number are excluded from the warranty
12.3 If the waterproofness of a watch is not guaranteed at the time of return, the customer will be expressly informed. In this constellation, waterproofness is excluded from the warranty under Article 12.1. In general, waterproofness is not a permanent feature that Bucherer can guarantee, as the built-in sealing elements may deteriorate in their function and daily use. A regular check of the waterproofness according to the manufacturer's recommendation is therefore strongly recommended to the customer.
12.4 The customer grants Bucherer a reasonable period of grace to remedy defects subject to the warranty. Bucherer may decide how to remedy defects covered by the warranty; in addition, the rules in Article 13.2 et seq. shall apply analogously.
ARTICLE 13 BUCHERER’S LIABILITY
13.1 Bucherer shall not be liable for damage to the object to be repaired caused by slight negligence during the service, the breach of secondary contractual obligations and for damage not caused to the object itself.
13.2 Despite all the care that Bucherer takes in processing the goods entrusted by the customer, it cannot be ruled out that the goods or certain components may be damaged during the provision of the service. In such cases, Bucherer has the right to remedy the damage and defects free of charge. In the event that Bucherer is unable to replace components at its own expense or repair them at its own expense, a distinction must be made between the extent to which the damage affects the value and suitability of the goods. In the event of damage which reduces the value of the goods but does not render them unusable (e.g. scratches on the dial), Bucherer agrees to compensate financially for the reduced value of the goods. If the goods become unusable as a result of the damage or if there is even a complete loss, Bucherer agrees to compensate the customer in accordance with the following rules:
13.3 Model (reference) from a collection that is still available: replacement of the damaged watch by a new watch of the same model or, in the case of limited editions, replacement by a similar watch of identical value (based on the manufacturer's recommended retail price at the time the watch is released to the market) or, at Bucherer's sole discretion, financial compensation based on the market value of the watch.
Model (reference) which is no longer available: replacement by a similar watch of identical value (based on the manufacturer's recommended retail price at the time the watch is released to the market, taking into account price adjustments due to inflation and changes in material prices). At Bucherer's sole discretion, financial compensation may also be paid in accordance with the value calculation referred to in this section.
ARTICLE 14 FORGERIES AND STOLEN GOODS
14.1 If, during the examination of the product in the context of the preparation of the cost estimate, it is found that all parts or certain components of the product are forgeries (total or partial forgery), the product concerned shall not be serviced. The customer acknowledges that, with regard to goods sent to the manufacturer for processing, the manufacturer may, in compliance with applicable law, remove forged parts before returning the goods or render all trademarks or distinctive features unrecognisable. Moreover, Bucherer cannot rule out the possibility that a manufacturer may make a report to an authority in the event of forgeries.
14.2 If it is found that goods delivered for processing have been reported stolen or otherwise unlawfully acquired, Bucherer or the third party appointed by Bucherer reserves the right to report this to the appropriate authorities and to hand the goods over to the authorities to identify the lawful owner.
14.3 Once Bucherer has handed over a forgery as described in this article to the supplier or the authorities, there is no longer any responsibility for the goods and Bucherer is no longer obliged to provide the customer with any further information.
ARTICLE 15 APPLICABLE LAW
All contracts concluded, including these General Terms and Conditions of Service, shall be governed by substantive Swiss law to the exclusion of conflict of laws and the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
ARTICLE 16 FINAL PROVISIONS
16.1 These GTCS are available in different languages (GR/EN/FR). In the event of contradictions between the individual versions, the German version shall apply exclusively.
16.2 Bucherer reserves the right to amend these GTCS at any time.
16.3 Additional agreements, supplements and amendments to the contract must be made in writing in order to be effective.
16.4 Should any provision of these terms of service be or become invalid, incomplete or unenforceable, the validity of the remaining provisions shall not be affected thereby. The ineffective or incomplete provision shall be replaced by an admissible and effective provision whose effect comes closest to the original intention and economic purpose of the ineffective provision. The same procedure shall apply if the contract proves to be incomplete.
16.5 Should parts of individual formulations of these terms no longer comply, not comply or only partially comply with the law in force, the remaining provisions shall not be affected thereby in terms of their content and validity.
Version: January 2020