Thank you for visiting www.darwil.ch (the “Site” or “Sites”). This site is operated by DARWIL SA at Rue des Ormes 22 2300 La Chaux-de-Fonds, Switzerland. It is important that you read and understand these Terms and Conditions before using the Site and the services provided in the Site, such as placing purchase orders for watches/accessories (the “Goods”) bearing our trademarks of or containing “DARWIL” (the “Mark”) and/or any other intellectual property rights subsisting in the Goods (the “IPR”) on the Site (collectively, the “Services”). By using the Services, you are agreeing to be bound by these Terms and Conditions, our Privacy Policy and Returns Policy as they may be modified from time to time.
Amendments will take effect when posted on the Site. However, the Terms and Conditions current as at and when a purchase order is accepted will apply until that order is completed.
Nothing in these Terms and Conditions create any relationship (partnership, collaboration, agency, joint venture, employment, or otherwise) and you are not entitled to hold yourself out as our representative or otherwise pledge our credit in any manner whatsoever.
Registration
You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free license to use any information you provide to us.
All information provided to us must be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, email address, delivery address and other requested details.
You are solely responsible in all respects for all use of and for protecting, the confidentiality of any email verification number and password which may be given to or selected by you for use on the Site. You may not share these with or transfer them to any third parties. You must immediately notify us “Contact Us” of any unauthorized use of them or any other breach of security regarding the Services.
However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
While we will use all reasonable endeavours to make the Services and the Site available, we cannot guarantee that they will operate continuously or without interruptions.
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
Prohibitions and Failure to Comply
We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
Act inconsistently and in breach of these Terms and Conditions;
At any time violate or attempt to violate any rights of any other user of the Services or third party;
Are engaged in any fraudulent activity;
Fail to make any payments due to us in accordance with these Terms and Conditions;
Submitting materials (including but not limited to text, images, music, video, comments, photos) of which you do not have the right to use or otherwise violate the rights of any third party at law;
Using any technology to attempt to hide the use of multiple accounts or disrupt the Services other side in any way whatsoever;
Initiating communications that contain any unlawful, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, invasive of privacy, infringing of intellectual property rights or racial, ethnically or otherwise objectionable material;
Advertising or sending unsolicited messages of any kind;
Impersonating any person or entity or otherwise misleading others or providing any kind of false information;
Starting or forwarding software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, spam of any kind;
Any termination for whatever cause is without prejudice to rights accrued prior to or arising as a result of the termination and other rights and remedies at law to which we are entitled.
Intellectual Property
We are the proprietor of the Mark and the IPR that are used on the Goods.
We are the proprietor of all software and “Content” (including but not limited to any design, text, audio or music, video, graphics, photographs, artworks, games, interactive programmes, links and images and the selection compilation or arrangement thereof) (the “Content”) that are displayed or featured on the Site from time to time.
No permission is given in respect of the use of the Mark, the IPR and the Content other than for the purpose of the use and enjoyment of the Services rendered by us.
The Site is for your personal, private and non-commercial use only. Any non- personal and/or commercial use of the Content is only permitted when expressly authorized by us and/or our authorized representative. Any unauthorized conduct/ action may result in civil liabilities and/or criminal penalties.
Third Party Links
The Site may include links to other websites or resources that are not owned, operated or prepared by us. We have no responsibility or control over such websites and/ or resources and will not accept responsibility for them or any part of them for any loss, damage, liability or penalty caused or arisen from or may be caused by or in connection with your use of them.
We are not responsible for the content or accuracy of any off-site pages or postings, which include but not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and services contained within each of such sites.
Eligibility to Purchase
In order to place orders with us, you must meet our conditions of eligibility:
Be aged 18 years of age or over.
Have a Visa, MasterCard or Paypal Account
Personal and payment details provided or authorized by you are all valid and accurate and we are not obliged to verify the validity or accuracy thereof.
In placing an order with us, you authorize us to process a charge or charges on your Credit Card or Paypal Account in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved and may be offered to other customers.
By placing a purchase order, you acknowledge and agree that you have entered into a contract with us. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it. We may refuse to accept or cancel your order for whatever reason.
Product Descriptions
We will endeavour to be as accurate as possible for the Content and/or the descriptions of Goods. However, we do not warrant that the Content and/or the descriptions of Goods are accurate, complete, reliable, current or error-free. Please refer to our Returns Policy. Your acceptance of these Terms and Conditions entitles us to assume you have read the Returns Policy.
Pricing
Except where indicated otherwise, prices inclusive of VAT (where applicable) at the applicable current rate chargeable in Switzerland are shown on the Site in Swiss Francs (CHF) and US dollars (USD), and are final on confirmation by us of the order you placed except in the case of obvious error.
Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and we reserve our right to rectify any errors. If we discover an error in the price of any Goods that you have ordered, we will inform you as soon as possible and offer you the option of confirming or cancelling your order. If we do not hear from you within 7 days after our notice to you, or unable to contact you, we will treat the order as cancelled.
If your Visa, MasterCard or Paypal Account for the purpose is not denominated in Swiss Francs (CHF) or US dollars (USD), the final price charged in your currency will be calculated by your payment bank or agent in accordance with the applicable exchange rate on the day, they process the payment transaction. You will pay to us the price of the Goods purchased (inclusive of Swiss VAT, where applicable). You will be responsible for the payment of all import taxes, levies and/duties levied by the country or customs to which the Goods are shipped and payment of the relevant taxes, levies and/duties is necessary for the release of the Goods ordered from the local Customs on arrival. Our courier, will contact customers about the details of any import taxes, duty and/or other levies to pay. We advise you to contact your local customs authority to determine what taxes, levies and/or duties that you will have to pay prior to placing your orders with us.
Payment
All buyers must pay for items using Visa, Master or Paypal Account. The method of payment shall be left to our absolute discretion in each case.
Payments shall be received in the currency specified on the Site and all prices are inclusive of Swiss VAT (where applicable), but exclusive of all other applicable taxes, which you are responsible to pay.
By placing an order using the above mentioned payment methods, you confirm that the Visa, Master or Paypal Account used by you are valid and recoverable.
If your payment method refuses to authorize payment to us, we will not be liable for any delay or non-delivery. Payment will be debited and cleared from your account once your order has been accepted.
If your Visa, Master or Paypal Account refuses to authorize payment to us, we will not be liable for any delay or non-delivery. Payment will be debited and cleared from your account once your order has been accepted.
Shipping and Collections
We endeavour to dispatch all Goods ordered within 3 – 6 working days after the order has been placed and payment is received. You will be given an indication of the expected delivery time when you place an order online. We will endeavour to meet these estimates but cannot guarantee that such estimates must be met. You will be required to pay extra for delivery, where applicable and it may not be possible for us to deliver to some locations.
We insure each order through transit up until it is delivered to you or is collected. A confirmation of receipt of the Goods by our courier shall be final and conclusive proof of delivery of the Goods and you shall be deemed to be responsible for the Goods ordered from that moment on. We will not be liable for their loss and damage.
Returns and Exchanges
Returns and exchanges of Goods will be accepted and processed in accordance with our Returns Policy.
Disclaimer of Warranties and Limitation of Liability
Views expressed in any media by any third party, regarding the Goods, the Services and the Content or of any advertised items, are their own. We take no responsibility for any such views as they do not necessarily reflect ours.
We do not guarantee that access and use of the Site and the Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site and the Services to ensure they have up-to-date software, including anti-virus, installed.
We reserve the right to withdraw, amend, edit or modify any item of the Goods and the Services without actual or constructive notice. We will not be held liable if for any reason the Site is unavailable or inaccessible at any time and for any period. We will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of the Site or the Service and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any negligence or willful default by us.
Your acceptance of these Terms and Conditions also acts as a general release in favor of us from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your access and use of the Site and the Services.
In addition, the Site is provided on an “as is” basis we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the Site. From time to time the Site may contain technical inaccuracies or typographical errors.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
The unavailability of the Site (or any part of it), the Goods or the Services;
Any delay in providing, or failure to provide or make available, the Goods or the Services or any negligent provision of the Goods or the Services;
Any Goods not being of merchantable quality or fit for their intended purpose; or any misrepresentation on or relating to our site, the Goods or the Services (other than a fraudulent misrepresentation made by us or on our behalf).
Our maximum liability to your business in respect of your use of our Site or any Services we provide or make available to you through or in relation to our Site will be the amount of price of Goods ordered and paid by you. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
You agree that each of these limitations is reasonable having regard to the nature of the Site and in particular given that when you purchase information, the Goods or the Services through the Site you will enter into a separate contact with the supplier in each case.
Each of the above exclusions or limitations shall be construed as a separate, and severable provision of these Terms and Conditions.
Indemnity and Waiver
At our request, you agree to compensate us fully and hold us, DARWIL (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms and Conditions by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach these Terms and Conditions and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach these Terms and Conditions.
Complaints
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care for any order related complaints or comments.
Notices
Except as otherwise stated, you may send us any notices by email (Contact us at cs@darwil.ch). Any notices that we may wish to draw to your attention will be displayed.
Invalidity
If any part of the terms and conditions of this charter is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these terms and conditions will not be affected.
Entire Agreement
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Governing Law and Jurisdiction
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the Swiss Confederation and therefore shall be governed by and interpreted in accordance with the Swiss Confederation law. Controversy, proceedings or claim of whatever nature in relation to them shall be and the Swiss Confederation courts shall have exclusive jurisdiction in relation.
