Term Of Sale

TERM OF SALE

General Terms and Conditions of sale in this Website

1. General provisions
2. Product information and availability
3. Price
4. Acceptance of orders
5. Method of payment
6. Transport and delivery
7. Dispatching and delivery confirmation
8. Wrapping or packaging
9. Right of withdrawal
10. Personalized Products
11. Replacement of Products
12. Lack of conformity
13. Guarantee of authenticity and intellectual property rights
14. Applicable law and competent jurisdiction
15. Contacts

1. General provisions
   1. These terms and conditions of sale ("Terms", "Agreement") are an agreement between Aviator Watch SA, a company with registered office at Chemin du Val 2, 2900 Porrentruy, Switzerland business number, VAT number and tax number: CHE-113.279.214 VAT, Phone no. +41 32 466 80 15, e-mail: aviator@aviatorwatch.ch ("Aviator Watch SA", "us", "we" or "our") and you (“Customers” or “Customer”). This Agreement sets forth the general terms and conditions of all sales of AVIATOR products (“Products” or “Product”) through the website www.aviatorwatch.swiss ("Website").
   2. The sale of Products under these Terms is only available to consumers (“Customers” or “Customer”) being persons over 18 years old who can purchase the Products with a credit card or other permitted payment method.
   3. The language used to enter any contract of sale through this Website is English.
   4. Customers must read carefully these Terms, which are available on the Website. A copy of these Terms will be sent to the Customer by Aviator Watch SA according to Section 5.10 below. Contracts of sale executed with Customers will be archived by Aviator Watch SA for the retention period required by applicable law. 
2. Product information and availability
   1. Information about Products and its prices are available on the Website. 
   2. The Products available on the Website are normally the items available at authorized dealers; however Aviator Watch SA does not provide any warranty to the Customer that the Products available on the Website are also available at the authorized dealers.
   3. The image of the Products on the Website are for illustrative purposes only; the Customer shall therefore rely exclusively on the description of the Products and their characteristics as mentioned on the Website. The style, models and colors of the Products described on the Website may be changed without notice. 
   4. Aviator Watch SA reserves the right at any time to limit quantities and/or type of Products available on the Website. During the purchasing process, we might inform the Customer that the order cannot be processed due to the unavailability of the Product; Aviator Watch SA is not liable towards the Customer in case of unavailability of the Products. 
   5. In no case Aviator Watch SA shall be liable for errors occurred due to failure of the Customer’s connection to the Website. 
3. Price
   1. The prices of the Products are indicated on the Website and are inclusive of all applicable taxes and charges. The currency of the price depends on the shipping country and can be changed on the Website. Express delivery costs, if required, shall be added to the price of the Products and will be shown separately on the order form. 
   2. Aviator Watch SA regularly verifies whether prices of the Products on the Website are correct; however, Aviator Watch SA cannot guarantee the absence of errors. If an error in the price of Product is detected, Aviator Watch SA shall refuse the order and offer the Customer the possibility to buy the Product at the correct price. If the error is detected after the order has been confirmed, Aviator Watch SA will also propose the Customer the possibility to cancel the order.
4. Acceptance of orders
   1. The images, main characteristics and the price of each Product are shown on the Website. The information displayed on the Website does not represent an offer or unilateral contract by Aviator Watch SA. 
   2. Before placing an order through the Website, Customer shall carefully study all the instructions provided during the ordering procedure, including possible delivery charges, the right of withdrawal conditions, the privacy policy, terms of use, along with these Terms of Sale. 
   3. To buy the Products, Customer shall (i) include the selected Products in the “Shopping Bag” by clicking on the relevant “Add to Cart” button, (ii) fill in the form for the order proposal, (iii) select the payment method, (iv) accept the Terms of Sale (v) submit the order proposal to Aviator Watch SA through the Website. 
   4. Submitting of the order creates a proposal to buy the selected Products, regulated under these Terms and binding for the Customer, with no prejudice to the withdrawal right under Section 10. The submitting of the order proposal by the Customer obliges the latter to pay the price of the ordered Products. 
   5. Any error/change in data entered by the Customer in the order proposal may be validated by the latter, following the process described on the Website, before confirming and sending the order proposal (For example: Customer may change the country of shipping by altering the country in the top navigational menu or on the order proposal’s form under shipping details). 
   6. The order proposal and the Customer's data related to that order proposal will be kept by Aviator Watch SA for the period required by applicable legislation, as provided under the privacy policy. 
   7. After submitting an order to us, we will send to a Customer an order acknowledgment email specifying order number and details of the Products ordered. Please note that this email is an acknowledgement that we have received the order and is not an acceptance of the order. Acceptance of the order and the formation of a contract of sale between us and the Customer will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched ("Dispatch Confirmation"); or (ii) in the event (where such service is available) you have elected to collect the Products from a specified our authorized dealer, we have sent you an email that the goods have been dispatched to or available at the specified authorized dealer. Please note that the option to collect in store is only available in certain specified countries and from specified our authorized dealers.
   8. An order proposal may be refused by Aviator Watch SA within 30 days of its reception. In that case, no consideration shall be due by the Customer to Aviator Watch SA, If the order is refused and Customer has already paid for the Products, we will refund to the Customer the full amount paid including any delivery costs charged as soon as possible and will incur no further liability to the Customer. Aviator Watch SA may refuse an order proposal in the following events (by way of example but without limitation):
      
      (i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or 
      (ii) a reported, or suspected, fraudulent or illegal activities; or
      (iii) the Customer has not fulfilled his/her obligations deriving from a prior contract executed with Aviator Watch SA. 
   9. In case of partial availability of the Products ordered, the Customer will receive an email duly informing him about the unavailable Products. In this case, the Customer will be asked either to receive the Products that are available or fully cancel the order. If the Customer accepts delivery of the available Products, the Customer shall only be charged for the Price of available Products.
   10. If the Customer has already paid for the whole order, we will refund to the Customer the partial amount paid for the unavailable Products as soon as possible.The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
   11. Once the Order Confirmation is sent to the Customer, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
5. Method of payment
   1. Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Customer by credit card, PayPal or by bank transfer. 
   2. Aviator Watch SA accepts payments made with the following credit cards: 
      Visa; 
      MasterCard; 
      American Express; 
   3. The transactions will be debited from the Customer’s credit card only after: 
      (i) the credit card data has been verified; 
      (ii) the authorization to debit the card has been received from the issuer of the card used by the Customer, and 
      (iii) the availability of the Products has been confirmed by Aviator Watch SA. 
   4. In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Customer before the latter is able to submit the order proposal, the transaction will be debited from the Customer’s credit card only after: 
      (i) the credit card data has been verified; and 
      (ii) the authorization to debit the card has been received from the issuer of the card used by the Customer. 
   5. Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card's validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Customer. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well. 
   6. Aviator Watch SA also accepts payments made by bank transfer. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Customer by the bank, shall be borne by the Customer. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation. 
   7. In the event that, for any reason, it is impossible to debit the amount due by the Customer (or to have the cleared funds received on Aviator Watch SA's bank account, in case of bank transfer) within the due deadline (see point 6.5 above), the contract will not be executed and the order will be cancelled and the Customer will immediately receive an email confirming the cancellation of the order.
   8. For each order, Aviator Watch SA shall invoice the Products by email or by post to the Customer, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Customer at the time of the order. No alterations to the invoice are possible after the invoice has been issued. 
6. Transport and delivery
   1. The purchased Products shall be delivered by a courier service selected by Aviator Watch SA ("Courier") on working days. Products shall be delivered to the address indicated by the Customer in the order proposal. Aviator Watch SA shall not deliver to PO Boxes. 
   2. Except if a force majeure event or unforeseeable circumstance occur, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Customer be entitled to repudiate the Contract and Aviator Watch SA shall, without undue delay, reimburse all sums paid under the Contract. 
   3. At the time of delivery of the Products by the Courier, the Customer (or a nominated representative) is required to: 
      (i) verify that the number of items being delivered corresponds to that indicated on the delivery note; 
      (ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner; 
      (iii) sign the delivery note; and 
      (iv) if requested by the Courier, show his/her ID. 
   4. Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier's delivery note. Except to the extent permitted under applicable laws, once the Courier's document has been signed and no objection has been raised by the Customer, the Customer may not make any objection to the exterior characteristics of the delivered parcel, provided that the Customer is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
   5. Delivery charges, if required, shall be borne by the Customer and will be indicated separately on the order form and invoice.
7. Dispatching and delivery confirmation
   1. Aviator Watch SA shall send to the Customer a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
8. Wrapping or packaging
   1. Products purchased from the Website are delivered with the same Aviator Watch SA standard packaging as provided in Aviator Watch SA stores. 
9. Right of withdrawal
   1. Pursuant to Section 2 Articles 10 and 12 of the Distance and Off-Premises Contracts Act as defined below, the Customer has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Customer (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product. 
   2. To exercise the right of withdrawal, the Customer shall, within the term mentioned under Section 10.1, send by email, or by ordinary mail 
      
      
       •   a communication of his/her intention to exercise the right of withdrawal pursuant to Section 2 Articles 10 and 12 of the Distance and Off-Premises Contracts Act; such communication shall include the following information (not indicating this information does not limit your right for withdrawal): (i) indication of the Products for which the Customer wishes to exercise the right of withdrawal; (ii) order number; and (iii) in the event that the Customer purchased the Products by bank transfer, the Customer’s IBAN code to which the reimbursement is to be made; 
      
        to the following address: 
      
      Aviator Watch S.A.
      Chemin du val, 2
      CH-2900 Porrentruy
      Switzerland
      aviator@aviatorwatch.ch
   3. Within 60 (sixty) days of the communication of withdrawal, the Customer shall return the purchased Products to Aviator Watch SA at Aviator Watch S.A., Chenmin du val 2, CH-2900 Porrentruy, Switzerland. Delivery costs for returning the Products shall be borne by Aviator Watch SA. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Customer other than what is necessary to establish the nature, characteristics and functioning of the goods, Aviator Watch SA reserves the right to refuse the return of the Products. The Customer shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
   4. Aviator Watch SA shall reimburse all payments received from the Customer, including the costs of delivery, if any, within 14 (fourteen) days of the day on which Aviator Watch SA has received the Products back, or until the Customer has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Aviator Watch SA using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any fees as a result of such reimbursement. 
   5. The reimbursement will follow the procedure under Section 10.3 and 10.4.
10. Personalized Products
    1. The right of withdrawal does not apply to the orders for personalised Products, such as, for example, the ones with the Customer’s initials engraved on the Product. 
11. Replacement of Products
    1. Without prejudice to the Customer's rights according to Sections 10 and 13, and with the exception of personalized Products, Aviator Watch SA allows in any case the Customer to replace Products purchased on the Website, pursuant to the following procedure: 
       
       (I) once the Products are received, the Customer shall promptly contact Aviator Watch SA by email at aviator@aviatorwatch.ch
       
       (II) after that, the Customer shall fill in the form provided with the delivered Products which the Customer wishes to replace, clearly indicating the code and the size of the new Products that the Customer wishes to receive (such codes and sizes being indicated on the Website); 
       
       (III) no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Customer to Aviator Watch SA in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Customer. 
    2. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Customer other than what is necessary to establish the nature, characteristics and functioning of the goods, Aviator Watch SA reserves the right to refuse the exchange of the Products. The Customer shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
    3. The amount paid by the Customer shall be reimbursed by Aviator Watch SA, through the same payment method used by the Customer for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to Aviator Watch SA. 
    4. The exchange will be accepted by Aviator Watch SA subject to the availability of the new Products requested. 
    5. The exchange will be processed by Aviator Watch SA as a new order of the Customer subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Customer wishes to exchange have been initially paid by credit card, Aviator Watch SA will first refund the price initially paid by the Customer and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Customer for the Products he/she wishes to exchange, Aviator Watch SA will withhold the initial sum paid by the Customer; if the price is different, Aviator Watch SA will refund - or request the Customer to pay - the difference, as the case may be. 
12. Lack of conformity
    1. If a Product sold by Aviator Watch SA has manufacturing defects or an alleged lack of conformity, the Customer will contact the online support by email or by ordinary mail to the following addresses: 
       
       Aviator Watch S.A.
       Chemin du val, 2
       CH-2900 Porrentruy
       Switzerland
       aviator@aviatorwatch.ch
    2. In the event the Customer is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Aviator Watch SA, as well as any costs related to the delivery to the Customer of the repaired or replacing Product. 
13. Guarantee of authenticity and intellectual property rights
    1. Aviator Watch SA guarantees the authenticity of all Products purchased on the Website. Watches bearing the AVIATOR trademark are produced in Switzerland.
    2. The "AVIATOR" trademark, the set of figurative and/or shape marks, present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of Aviator Watch SA.
14. Applicable law and competent jurisdiction
    1. These General Conditions and, therefore, the contracts executed with the Customers, shall be governed by, and will be interpreted in accordance with Swiss laws.
    2. The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Customer.
15. Contacts
    1. For further information and assistance with the Website or on the methods of purchase online, the Customer may contact Aviator Watch SA at one of the following contacts:
       
       Aviator Watch S.A.
       Chemin du val, 2
       CH-2900 Porrentruy
       Switzerland
       aviator@aviatorwatch.ch