General Terms and Conditions

SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as the “General Conditions”) govern all offers, orders, order confirmations, contracts, deliveries, and after-sales services between you (hereinafter referred to as the “Buyer”) and Time-it GmbH (hereinafter referred to as “Time-it”). These General Conditions apply to transactions made through the eShop (hereinafter referred to as the “eShop”) hosted on the website www.albishorn-watches.ch (hereinafter referred to as the “Website”) and through email communications.

1.2 Time-it is a company with its seat located at Baar, Obermühle 11, Zug, Switzerland. It runs the Albishorn brand. At any moment, you can contact us at the following email address: info@albishorn-watches.ch.

1.3 By placing an order (hereinafter: the “Order”), you acknowledge that you have read, understood, and accepted, without any reservation, these General Conditions, as in force at the time the Order is placed, and agree that they form an integral part of the contractual relationship between you and Time-it and that they are binding. By placing an Order, you furthermore agree to the General Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority, and capacity to enter into such an agreement.

1.4 Time-it reserves the right to modify these General Conditions at any time, and at its sole discretion, by publishing a new version on the Website and/or the eShop. The new version of the General Conditions shall be applicable to any Order validated after its publication.

1.5 Certain features of the Website and/or the eShop may be subject to additional terms and conditions or rules, which are available on the relevant pages.

1.6 We invite you to read our Data Privacy Statement and Cookies Policy, and Terms of Use, which form an integral part of these General Conditions.

2. OFFER AND CONCLUSION OF THE CONTRACT

2.1 The presentation of the products on our Website and in the eShop only represents an invitation to order and does not constitute a legally binding offer.

2.2 The product descriptions on our Website and in the eShop are only approximate, and product images are for illustrative purposes only. While we make every effort to be as accurate as possible on our Website and in the eShop regarding product descriptions (including, without limitation, size, weight, capacity, and dimensions) and to display the most accurate colors, any description is only approximate, and we cannot guarantee that the colors displayed on our Website and in the eShop reflect the exact color of the products.

2.3 By clicking on the order button, the Buyer undertakes to purchase all products listed on the order page.

2.4 All orders are subject to acceptance by Time-it. Orders are considered accepted once Time-it communicates them to the shipment company. For direct orders, orders can only be cancelled for a full refund within 10 hours after the order. For pre-order products, orders can only be cancelled for a full refund until the end of the pre-order period. Cancellation will not be possible after this step, but Buyers retain the right to withdraw under the conditions set forth in art. 6.

2.5 All products presented on the Website and eShop are subject to availability. If the product you have ordered is not available, we will inform you by e-mail as soon as possible and Time-it will offer you (i) to refund you if the payment has already been made, (ii) to keep the payment for the next available batch, if any, or (ii) to be notified once the watch is back in stock.

2.6 Online sales via the Website and the eShop are intended for end consumers of the products, not for resellers. Time-it may, at its sole discretion, refuse an order if they suspect the purchaser is acquiring the products for resale.

2.7 Buyers must comply with all applicable regulations. If a Buyer is subject to any governmental restrictions concerning the sale of certain products displayed on the Website and eShop, they agree not to place an order for those products. Time-it reserves the right to refuse any order if there is reasonable doubt about compliance with such restrictions. By placing an order, the Buyer consents to Time-it using their personal data to conduct the necessary due diligence.

2.8 Buyers are responsible for providing accurate and correct personal information for delivery and sale. All changes must be sent to info@albishorn-watches.ch. For direct-order products, the Buyer delivery information (shipping address, contact information) can no longer be updated 10 hours after ordering. For pre-order products, the Buyer delivery information (shipping address, contact information) can only be updated until the end of the pre-order period. After this period, the item will be processed for picking, packing, and delivery.

3. PAYMENT PRICES AND TERMS

3.1 The prices are in Swiss Francs (CHF) and are exclusively charged in CHF. These prices are exclusive of tax for exports and VAT, except for Swiss residents ordering, for which the VAT will be added and paid at the time of the order.

3.2 We exclusively ship our watches from Switzerland. The Buyer is responsible for customs import duties, VAT, or any related taxes applicable in their country and should be aware before purchasing (European Union customers included, as Switzerland is not part of the European Union). Local duties and VAT are due upon the delivery of our watches, depending on your country. Customers in France will have to pay about 20% more or less, in India it can be up to 48%, and 8.1 % in Switzerland. The USA has a threshold of USD 800. If the Buyer does not pay the taxes, the product will be returned to us and we will have to deduct those fees from the refund, as local government taxes cannot be refunded. The Buyer shall make sure of their decision before refusing to pay government taxes and duties, as sometimes it can be more appropriate to keep the product.

3.3 Time-it reserves the right to change its prices at any time. The prices charged to buyers are the prices that are published on the Website on the days of the Order.

3.4 Payment can be made either by credit card or, if agreed upon before the Order, by bank wire.

3.5 Payment shall be made upon Order. If, for any reason, the payment is refused, the Order will be automatically cancelled.

4. DELIVERY TERMS AND CONDITIONS

4.1 In general, the delivery time is between 5 to 15 days, unless otherwise specified in the offer. The delivery time is given as an estimate only and is not binding. Depending on the country of delivery, it may take more time due to customs inspections. Time-it will not be liable for any delay due to an extension of the delivery deadline.

4.2 Time-it offers free shipping for Switzerland. The shipping costs for other countries will be displayed at checkout.

4.3. All products will be shipped worldwide, as far as not export or import restriction apply, with insurance and tracking references. We are not responsible for any import permit fees and/or other fees that couriers may add.

4.4 In the event that some of the ordered products are not available, Time-it is entitled to make partial deliveries.

4.5 In the event the product could not be delivered due to the Buyer’s fault, Time-it is entitled to withdraw from the contract after two delivery attempts. In this case, any payments made will be refunded, subject to a deduction of delivery costs and any other costs Time-it had to bear in connection with the return of the product.

4.6 In the event the product could not be delivered due to the Buyer’s non-payment of customs fees, permit fees due to the remote or out-of-town area, or if customs refuse the product for any reason, Time-it is entitled to withdraw from the contract. Any payments made will be refunded, subject to a deduction of delivery costs and all other costs Time-it had to bear in connection with the return of the product.

4.7 Some shipping restrictions may occur with regard to certain national regulations. Before ordering, the Buyer shall make sure that there are no shipping restrictions in their country. Time-it is not liable for any delivery problem due to national restrictions. If delivery is made impossible due to national restrictions, the Order will be cancelled. The price will be refunded subject to a deduction of delivery and any other fees. Time-it does not deliver to P.O. boxes, and such Orders can be cancelled (some couriers cannot deliver to P.O. boxes).

4.8 Due to shipping carriers' restricted areas, some destinations are not covered, so we are not able to ship our products to those specific areas. You can access the full list of restricted countries by FedEx Express here (https://www.fedex.com/en-ch/shipping/served-countries.html).

5. TRANSFER OF PROPERTY

The product remains Time-it’s property until it has been fully paid for and delivered to the Buyer. Pledging, assignment by way of security, transformation, or modification shall not take place prior to Time-it’s transfer of ownership and without Time-it’s consent.

6. RIGHT OF WITHDRAWAL

6.1 Buyers have the right to withdraw from the contract within 14 days following receipt of the products. The withdrawal declaration must be notified in writing via Albishorn’s email address: info@albishorn-watches.ch. The dispatch date of the withdrawal declaration is relevant for compliance with the deadline. It is not necessary to state the reasons for cancellation.

6.2 The right of withdrawal is exercised in such a way that the sales contract is transformed into a cancellation, with the return of the services received under the contract. The Buyer is obliged to return the received product to Time-it in the original packaging, the protective stickers of the watch must still be present, together with all supplied accessories (including straps, accessories, packaging, certificate of origin, and all other papers), without any trace of use, and within 14 days from the withdrawal declaration to Time-it. Without all these conditions, the product has no resale value to a new customer.

6.3 When returning the product, the Buyer must use a trackable shipping service and purchase shipping insurance that covers the full value of the products. Time-it will not refund the Buyer if the products are lost or stolen, therefore the Buyer needs an adequate shipping insurance. The return costs are to be borne by the Buyer.

6.4. The purchase price will be refunded to the Buyer upon receipt and inspection of the returned product, provided the watch is in new, unworn condition. If the watch has been worn, damaged, or shows any sign of use, no refund will be issued, as only new and unused watches are eligible for return. Time-it reserves the right to withhold the refund until the product is returned and has been inspected. Initial shipping costs will not be refunded.

6.5 Withdrawal rights are not applicable to limited edition watches and it will be communicated as such on the Website. This exception is due to the fact that limited editions are only sold for a specific period of time and cannot be sold again after a potential return.

Watches that are made to order or customized for the client are non-refundable, as they are tailor-made.

7. WARRANTY, REPAIR AND SERVICE

7.1 Time-it guarantees that the products comply with the promised qualities, are free from defects that may affect their value or fitness for purpose and that they correspond to the intended performance and specifications.

7.2 Time-it provides the Buyer with a warranty against manufacturing defects or hidden defects within 2 years as from the date of delivery of the product. Any claim for manufacturing defects or hidden defects must be submitted within 48 hours from the date of delivery of the products or, in case of hidden defects, from their discovery. Our customer service is available at info@albishorn-watches.ch.

A manufacturing defect and/or a hidden defect notified in the above-mentioned delay shall allow for the reparation or the replacement of the defective product or a refund of the paid price, at Time-it's sole discretion, by Time-it and at Time-it's costs, except for the shipping (including insurance) costs of the defective product to Time-it, which shall be at the Buyer’s expense. For out-of-warranty service, both shipping legs, including insurance, are at the Buyer’s expense.

7.3 The Buyer must then return the damaged or defective product to Time-it (in its original packaging), to the address that Time-it will communicate at a later stage.

7.4 Time-it shall not be liable for any damage caused by misuse of a product. Excessive shocks or vibrations, exposure to strong electromagnets, and similar activities can cause damage to or affect the functions. If you are uncertain if a particular activity is safe for the watch, please email us at info@albishorn-watches.ch.

7.5 The Buyer must use a trackable shipping service and purchase shipping insurance. If the product is lost and is not properly insured, Time-it will not issue a refund to the Buyer.

7.6 The warranty does not include straps and accessories.

7.7 Regardless of the warranty, Time-it is committed to providing the best possible service for the watches it sells. We take pride in ensuring that every timepiece remains in excellent condition. Our dedicated team is here to assist you in keeping their watch performing at its best for years to come.

8. DISCLAIMER

Despite all the care taken in preparing the Website and eShop, they may contain inaccurate or incomplete information. Time-it is not responsible for any errors or omissions in the images or descriptions of the products on the Website and eShop. Time-it shall not be liable for any direct or indirect damage resulting from interruptions of the Website and eShop, from the occurrence of bugs hindering the navigation of the Website or from any other technical problems (including the possible presence of viruses or other harmful elements). Time-it accepts no responsibility for the content of third-party websites and online shops that may be accessible from the Website or linking to their Website or online shops by means of hyperlinks. Time-it has no control over the content of these external sites and online shops.

9. FORCE MAJEURE

Time-it shall not be liable for failure to execute an Order due to force majeure. Force majeure is any circumstance beyond the control of Time-it, including, but not limited to, major business disruptions, accidents, labour disputes, late or defective deliveries of raw materials or semi- or fully manufactured products, restrictions imposed by the authorities, epidemics, pandemics, fires, floods, or other natural disasters.

10. PERSONAL DATA

When a Buyer purchases a product on the eShop, we may ask them to provide us with information such as their name, email address, billing address, delivery address, and payment details. The Buyer agrees to provide accurate and complete information. The Buyer also shares personal data when sending us a message via the contact form on the Website, by email, or when subscribing to the newsletter. Time-it undertakes to handle the Buyer’s personal data confidentially. The Buyer is encouraged to refer to our Privacy and Cookies Policy for information on how Time-it collects, uses, and protects their personal data.

11. INTELLECTUAL PROPERTY

“Albishorn”, “Imaginary Vintage”, and our model names are registered trademarks and may not be used, reproduced, modified, or distributed without the prior and express written consent of Time-it. The content, design, and structure of the products displayed by Time-it, as well as all elements available on the Website and/or eShop, including texts, images, logos, photographs, videos, and any other elements protected by intellectual property law, are protected by copyright and/or other applicable intellectual property rights.

The Buyer is authorized to use the articles and tools provided for strictly personal and non-commercial purposes. Any reproduction, distribution, modification, or commercial use, in whole or in part, of these elements without the prior and express consent of Time-it is strictly prohibited and may result in legal action. Time-it reserves the right to enforce its rights, including by taking legal action for any violation of its intellectual property rights.

12. PLACE OF JURISDICTION AND APPLICABLE LAW

The contractual relationship between the Buyer and Time-it is subject to Swiss substantive laws, excluding the provisions of the United Nations Convention of 11 April 1980 on the International Sale of Goods. The competent court of Zug, Canton of Zug, Switzerland, is competent for all disputes arising from this contract.

13. FINAL PROVISIONS

Should individual provisions of these General Conditions be ineffective, the validity of the remaining provisions shall not be affected.

Version vom 24. October 2024