1) GENERAL TERMS
i) The www.mouvexwatch.com online website has been established and is operated by the company Horlogerie Avant Garde SA, registered at Route des Gouttes D’Or 40, 2000 Neuchatel, Switzerland. Mouvex 1911 (hereinafter: Mouvex 1911) is a brand of the company Horlogerie Avant Garde SA.
ii) These General Terms and Conditions of Sale and Delivery are intended to define the contractual relationships between Mouvex 1911 and the buyer. All orders placed on www.mouvexwatch.com (hereinafter: the Website) entail the buyer’s complete and unconditional acceptance of these Terms and Conditions of Sale and Delivery. These Terms and Conditions will always prevail over any other conditions not expressly approved by Mouvex 1911.
iii) Mouvex 1911 reserves the right to modify its Terms and Conditions at any time. In such an event, the applicable conditions will be those in force at the moment of the order.
2) YOUR STATUS
i) By ordering an item through the Website, you are thereby guaranteeing that the following conditions have been met:
(a) You are entitled to enter into legally-binding contracts.
(b) You are at least 18 years of age.
(c) You are a natural person acting in good faith in your capacity as the end consumer, and that consequently you will not attempt to trade, sell or in any way distribute any Mouvex 1911 products, nor will you purchase from Mouvex 1911 with the intent of resale or for any other commercial purposes.
ii) Mouvex 1911 may refuse any order for legitimate reasons; for example if Mouvex 1911 has reason to believe that an order has been placed in breach of these General Terms and Conditions.
i) Registration is required in order to purchase items and enjoy certain services or features made available to you through the Website.
ii) When you register, you must provide your own details. They must be entirely correct, precise, current and complete.
iii) In the event that your details change following your registration, please inform us immediately using the contact form found on the “contact” page of the Website.
iv) The password that you create for your account must be unique and stored safely. You must inform Mouvex 1911 immediately in the event that the security of your account is compromised or of any unauthorised use.
v) For more information on our use of your data, please see our confidentiality policy.
4) PRICE AND PAYMENT
i) The prices of the products featured on the Website are net prices based on the Swiss Franc (CHF). The prices displayed in other currencies are converted from their base prices in Swiss Francs (CHF), which does mean that prices displayed in foreign currencies may vary.
ii) Prices include DDP (Delivery Duty Paid) for Switzerland and the rest of Europe; products are delivered to their agreed destination with customs duties and VAT included. For other countries, prices include DAP (Delivered at Place); products are delivered to their agreed destination, but customs duties and VAT are excluded.
iii) Some countries (Non-European or Swiss) require extra customs/import duties in addition to the price displayed. At the moment of purchase our Website will indicate whether or not these fees are included in the total amount of your order.
iv) Mouvex 1911 does not provide tax refund slips.
v) Mouvex 1911 reserves the right to modify its prices at any time; nevertheless, the price displayed on the Website on the day of the order will always be the only one applicable.
vi) Payment can be made by any credit card listed during the ordering process. Payment must be made before the delivery of any products can occur.
vii) All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorise the holder to use the card. The personal data of the credit card holder required for this check may be exchanged with third parties. We cannot be held responsible for any delays or the non-delivery of the order in the event that the issuer of the card does not authorise the payment.
5) THE ORDER PROCESS
i) The ordering of a product from the Website is considered to be a bid to purchase a product in compliance with these Terms and Conditions of Sale and Delivery.
ii) Once an order is placed, a confirmation will be sent to your email address, stating that we have received and acknowledged your order. We must emphasise that this in no way means that your order has been accepted, as all orders are subject to the approval process of Mouvex 1911, which reserves the right to request the following prior to the acceptance of your order, with the aim of making transactions more secure and combating fraud: Mouvex 1911 reserves the right to contact the customer to confirm – by telephone or email – certain information relating to your order, and that you send proof of identity (e.g. photocopy of ID card). All communications between Mouvex 1911 and the customer respect GDPR standards and in no case, the information will be shared for marketing purposes.
iii) In the event that these requests are not met within the stipulated time where required, Mouvex 1911 reserves the right to cancel your order, and Mouvex 1911 reserves the right to limit the quantity of Mouvex 1911 products that a Customer can order in a single transaction.
iv) You also agree that we can use this personal data to conduct appropriate anti-fraud checks. The personal data that you provide may be disclosed to a credit rating or anti-fraud agency, which may keep a record.
v) For more information on our use of your data, please see our confidentiality policy.
vi) If the products ordered are unavailable, you will be informed by email. You will then have the choice to wait for the item to be available, or to cancel the order.
vii) We will confirm our acceptance of your order by sending an order confirmation by email. This will invoke a legally-binding contract between the two parties.
viii) It is possible that we might be awaiting a delivery from our suppliers. For this reason, occasionally you may be offered the choice of paying in advance (pre-order) for certain products. This process ensures that the delivery of your purchase will be a priority, as soon as the product is available. Your rights in terms of advance purchases are identical to those relating to any other purchase from Mouvex 1911.
ix) Items in stock may be pre-assigned in order to honor pre-paid orders; customers who have made such a payment will receive their products before customers who place orders on the Website for immediate delivery.
x) It may be that we are unable to deliver a product due to a problem relating to production or quality. In such cases, we will inform you by email and you will then have the choice of waiting for the item to become available or cancelling the order.
6) PROMOTIONAL CODES
i) Promotional codes are neither transferable nor can they be combined, and they cannot be exchanged for money.
ii) Promotional codes must be used before the indicated expiry date (if applicable).
iii) Mouvex 1911 reserves the right to cancel, at their own discretion, any purchase in the event of misuse or fraud in the use of promotional codes.
i) The delivery address will match the data provided by the buyer, and which we will have quoted in the confirmation email for the order. In the event that you are not present for the delivery, a delivery notice will be left by the shipping provider, and it will be your responsibility to collect the package from the location and in the time period stipulated therein. In the event that this time period elapses, the products will be returned to Mouvex 1911 and it will be your responsibility to contact our customer service department to arrange for re-delivery at your expense.
ii) The information provided by the buyer during the order process is the responsibility of said buyer. In the event of a mistake in the labelling of the recipient’s address, Mouvex 1911 will not be held responsible for the inability to deliver the product, and if this error leads to the shipping provider returning of the product, it will be re-sent at the expense of the buyer.
iii) Your package must be signed for upon receipt. If you have indicated a recipient other than yourself for delivery (for example, if it is a gift), you accept that the signature on the proof of receipt will come from the person in question.
iv) The buyer is responsible for lodging a complaint with the shipping provider in the event that the package arrives in poor condition.
v) All delivery times are estimates; they are provided on an indicative basis only, and begin from the date of shipment.
vi) Mouvex 1911 is not responsible for:
(a) delays resulting from the process of customs clearance;
(b) the loss or theft of the package while it is in the hands of the shipping provider;
(c) the delivery provider not asking you for a signature or signing in your place;
(d) any strike, shortage, adverse weather conditions or natural disaster which may be the cause of delays or the unsuccessful delivery of your order.
8) TRANSFER AND OWNERSHIP OF RISKS
i) The products ordered remain the property of Mouvex 1911 until their delivery to the address provided. The transfer of property takes place on that date. Consequently, Mouvex 1911 may require the return of any merchandise before the transfer of property, should the client contravene any of these general terms and conditions.
ii) The transfer of risks occurs with delivery. Risks, in terms of this provision, relate to liability in the event of damage to the product or damages brought about by its use, handling or storage.
9) RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
i) Prior to the transfer of your order to the shipping provider, you have the right to withdraw from this contract at any time, without motive. You must send your declaration of withdrawal by email at firstname.lastname@example.org and provide your order number. Administration fees may be applicable in some cases.
ii) After your product has been passed to the shipping provider, you have the right to withdraw from this contract without motive within 30 days of receipt. The right of withdrawal / return expires 30 days after the day that you, or a third party other than the shipping provider and appointed by you, take physical possession of the order. Administration fees may be applicable in some cases.
iii) The Customer must send your return request in writing through our contact form found on the Contact page of the Website or by email.
iv) You will receive instructions from Mouvex 1911 about how to return the goods. Packages returned directly to our office without notifying us will not be processed, and will be returned to the sender.
v) Products must be returned in original and perfect condition with all protective packaging and labels attached, as well as the safety notices and instruction manuals attached to them, and will be subject to quality control and operational testing. You must take care with the product when you inspect it. In the event of wear and tear in the product, compensation will only be required if the damage has been caused by use exceeding what is necessary to establish the quality, characteristics and functionality of the product. In order to establish the quality, characteristics and functionality of the product, the Customer must only handle and inspect it in the manner they would be allowed to in a store.
vi) Failure to return the original Mouvex 1911 box or special packaging in good condition will give Mouvex 1911 the right to retain the corresponding value from the reimbursed amount.
vii) All returns or exchanges will be subjected by Mouvex 1911 to rigorous Quality Control in order to ensure that the returned product is in keeping with the requirements for return. If the inspected product does not meet our Quality Control standards, Mouvex 1911 will also require the Customer to pay for the damages.
viii) The Customer will be responsible for any loss of value sustained by the product as a result of any handling of the product contrary to civil law principles, such as good faith and unjust enrichment. As a result, if the product is damaged or destroyed, Mouvex 1911 will deduct the cost of reconditioning or replacement from the amount reimbursed.
ix) If the returned product passes Quality Control, Mouvex 1911 will proceed with the reimbursement or exchange as applicable.
x) Any products returned must be accompanied by the full order information with the a printed purchase receipt (as well as customs invoice if applicable) in order to facilitate their processing and identification. Unidentified returns will be returned to the sender.
xi) The order will be refunded by the same payment method used to place the order on our website. If this is no longer valid or for any other reason beyond the control of Mouvex 1911 (loss, stopped check, change of banking establishment, etc.), our teams will contact you to find an appropriate solution.
xii) Personalised products may not be returned or exchanged. The returns policy does not apply to this type of order.
xiii) You will be charged the customs duties for returning your order to Switzerland (applicable for all European Union countries as well as for Great Britain). If you choose not to pay customs duties/taxes, we cannot accept your return.
Register your watch to activate the warranty here: https://mouvexwatch.com/warranty-registration/
i) Mouvex 1911 scrupulously ensures that each product is in strict keeping with its quality criteria and that they pass all of our checks, both technical and esthetic.
ii) The product is considered to be defective if it is damaged upon receipt or if a manufacturing fault is reported in accordance with and within the warranty period of the product in question.
iii) The watch head is covered by our twenty-four month international warranty against any defects in manufacturing; this includes the watch movement, indexes, dial, and hands. In other words, if the watch parts or mechanics don’t work properly, and it’s our fault, we will repair or replace your product for free. However, it does not cover any abuse or physical damage inflicted on the watch.
iv) The warranty does not cover water damage, normal wear and tear, batteries, accidental glass damage, scratches, strap damage, or theft. Please note that leather straps are not waterproof.
v) If your watch is defective upon receipt or you discover a fault within the guarantee period of 2 years from the date of delivery, you will have the option to return the item for repair. Before contacting us, you need to make sure you have registered the warranty of your watch on our Warranty page. You then must send your request by writing using our contact form on our website.
vi) The warranty is not applicable in the following cases:
(a) damage due to normal wear and tear and aging of the product;
(b) damage due to non-compliant assembly;
(c) damage resulting from maintenance, repairs or disassembly not performed by an after-sales service center approved by Mouvex 1911;
(d) damage due to non-compliant use of the product, poor treatment, misuse, negligence, recklessness, deterioration caused by the use of products in improper conditions such as violent physical – shock, crushing, violent handling of the clasp…;
(e) damage due to transport and delivery;
(f) damage due to moisture which could have entered the watch following a handling error (for example, the crown not being correctly in place);
(g) any watch with signs of impact or shock on the glass or the body);
(h) the proof of purchase (receipt, proof of transfer…) is missing;
(i) the serial number engraved on the case is illegible or has been falsified;
(j) the warranty does not cover straps, box, and packaging.
vii) It is made clear that Mouvex 1911 marketing campaigns and promotions (by their nature intended to showcase the attractive and innovative nature of Mouvex 1911 products, and which may sometimes depict Mouvex 1911 products in unusual situations or usage) are not to be considered representative of the normal use of Mouvex 1911 products which could be claimed as such by the end user. Therefore, the Mouvex 1911 warranty will be limited only to defects that appear following what is considered normal and habitual use for a watch.
viii) In order to activate your guarantee, you need to register on our Warranty page of the Website. Complete the Serial number, the reference (SKU) and the Order number. In case of problem please contact the support team.
ix) Upon analysing the information in the request for the return of a defective product, we reserve the option to not follow up on your request for legitimate reasons (warranty period expired, defect not covered by the warranty, inappropriate use of the product…).
x) Within the scope of the warranty, we offer to repair or replace defective items insofar as possible. If the item cannot be replaced or repaired, and if the same item is no longer available, you will then be offered a full refund.
xi) Packages returned directly to our offices without notifying Mouvex 1911 will not be processed, and will be returned to the sender.
xii) Any products returned must be accompanied by the full order information with the a printed purchase receipt (as well as customs invoice if applicable) in order to facilitate their processing and identification. Unidentified returns will be returned to the sender.
xiii) The warranty expires as soon as the watch is repaired or modified by persons not authorised by our part.
11) REPEATED RETURNS
i) In order to offer you an unrivalled experience, the established terms of return are flexible. Nevertheless, the number of returns will be counted and we reserve the right to refuse an order in the event of repeated returns.
i) It is made expressly clear that the products offered on our Website are intended for personal use, and that the products sold are not designed for professional use. Mouvex 1911 will not be held responsible in the event of damage, whether direct or indirect, material or intangible, linked to the use or operation of the ordered products.
ii) In addition, all products are in compliance with Swiss legislation, but Mouvex 1911 will not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered: it is the responsibility of the customer to inform themselves about the authorities of the importing country in order to know whether the product is allowed there.
iii) Mouvex 1911 will not be held responsible for the non-fulfilment of the agreed contract, on the one hand in the event of force majeure, as defined by the Swiss Civil Code, and on the other hand in the event of customer error, or the unforeseeable and unavoidable actions of a third party to the contract, or consequences resulting from incorrect use of the products sold on the Website.
i) Transfer of rights and costs: The contract established between you and the company is considered to be legally binding for both parties, as well as for our respective beneficiaries. You may not transfer, cede, encumber or otherwise manage the delivery rights for the merchandise ordered and defined in this contract, without obtaining our prior agreement in writing.
ii) Severability clause: If certain provisions of these Terms and Conditions should be found partially or completely ineffective, the efficacy of all other provisions will remain valid.
iii) Electronic Communication: You accept the fact that communication – in compliance with current legislation – will be carried out electronically. We will contact you through your email address or regular mail at the address you have provided.
iv) Contact address: You may contact our company by regular post at Mouvex 1911, Route des Gouttes D’Or 40, 2000 Neuchatel, Switzerland, through our contact form found on the Contact page of the Website or by email at email@example.com.
v) Jurisdiction and applicable law Insofar as is legally admissible, Neuchatel is the sole jurisdiction for all legal disputes linked to these Terms and Conditions. Mouvex 1911 is also entitled to file a legal suit with the local jurisdiction of the customer. These Terms and Conditions are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.