Terms of sale
General terms and conditions of sale and delivery. v4 27.09.2019
These conditions have been translated from French. The French version is the only legal version. See the French version here.
1. General provisions
- The www.code41watches.com online store has been established and is operated by the company Cosanova Sàrl, registered at Rue du Midi 10, 1003 Lausanne, Switzerland. CODE41 (hereinafter: CODE41) is a brand of the company Cosanova Sàrl.
- These General Terms and Conditions of Sale and Delivery are intended to define the contractual relationships between CODE41 and the buyer. All orders placed on www.code41watches.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 of Sale and Delivery will always prevail over any other conditions not expressly approved by CODE41.
- CODE41 reserves the right to modify its Terms and Conditions of Sale and Delivery at any time. In such an event, the applicable conditions will be those in force at the moment of the order.
2. Your status
- By ordering an item through the Website, you are thereby guaranteeing that the following conditions have been met:
- You are entitled to enter into legally-binding contracts.
- You are at least 18 years of age.
- 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 CODE41 products, nor will you purchase from CODE41 with the intent of resale or for any other commercial purposes.
- CODE41 may refuse any order for legitimate reasons; for example if CODE41 has reason to believe that an order has been placed in breach of these General Terms and Conditions of Sale.
- Registration is required in order to purchase items and enjoy certain services or features made available to you through the Website.
- When you register, you must provide your own details. They must be entirely correct, precise, current and complete.
- 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.
- The password that you create for your account must be unique and stored safely. You must inform CODE41 immediately in the event that the security of your account is compromised or of any unauthorized use.
- For more information on our use of your data, please see our confidentiality policy.
4. Price and payment
- 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.
- 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.
- Some countries 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.
- CODE41 does not provide tax refund slips.
- CODE41 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.
- 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.
- All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorize 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 authorize the payment.
5. The order process
- 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.
- 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 emphasize that this in no way means that your order has been accepted, as all orders are subject to the approval of CODE41, 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:-that you confirm - by telephone - certain information relating to your order,
-that you send proof of identity (e.g. photocopy of ID card).
- In the event that these requests are not met within the stipulated time where required, CODE41 reserves the right to cancel your order, and CODE41 reserves the right to limit the quantity of CODE41 products that a Customer can order in a single transaction.
- 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.
- For more information on our use of your data, please see our confidentiality policy.
- 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.
- 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.
- 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 CODE41.
- 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.
- 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
- Promotional codes are neither transferable nor can they be combined, and they cannot be exchanged for money.
- Promotional codes must be used before the indicated expiry date.
- CODE41 reserves the right to cancel, at their own discretion, any purchase in the event of misuse or fraud in the use of promotional codes.
- 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 courier, and it will be your responsibility to collect the package from the location and in the time period stipulated therein (except for recorded mail, which does not provide any notice of delivery). In the event that this time period elapses, the products will be returned to CODE41 and it will be your responsibility to contact our customer service department to arrange for re-delivery at your expense.
- 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, CODE41 will not be held responsible for the inability to deliver the product, and if this error leads to the courier returning of the product, it will be re-sent at the expense of the buyer.
- Your package must be signed for upon receipt (except recorded mail). 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.
- The buyer is responsible for lodging a complaint with the courier in the event that the package arrives in poor condition.
- All delivery times are estimates; they are provided on an indicative basis only, and begin from the date of shipment.
- CODE41 is not responsible for:
- delays resulting from the process of customs clearance;
- the loss or theft of the package while it is in the hands of the courier;
- the delivery driver not asking you for a signature or signing in your place;
- 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 of ownership and risks
- The products ordered remain the property of CODE41 until their delivery to the address provided. The transfer of property takes place on that date. Consequently, CODE41 may require the return of any merchandise before the transfer of property, should the client contravene any of these general terms and conditions.
- The transfer of risk occurs upon delivery (signed for upon receipt, except recorded mail). Said 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
- Prior to the transfer of your order to the courier, you have the right to withdraw from this contract at any time, without motive. You must send your declaration of withdrawal in writing using our returns form provided with your order.
- After your product has been passed to the courier, 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 yourself, or a third party other than the courier and appointed by you, take physical possession of the order.
- You must send your return request in writing through our contact form found on the “contact” page of the Website.
- Returns must be sent using the return label provided by CODE41. Packages returned directly to our offices will not be processed, and will be returned to the sender.
- Products must be returned in original and perfect condition with all protective packaging and labels attached, as well as the safety notices and stickers 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.
- Failure to return the original CODE41 box or special packaging in good condition will give CODE41 the right to retain the corresponding value from the reimbursed amount.
- All returns or exchanges will be subjected by CODE41 to rigorous Quality Control (QC) in order to ensure that the returned product is in keeping with the requirements for return. If the inspected product does not meet Quality Control standards, Code41 may also require the Customer to pay for the damages.
- 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, CODE41 will deduct the cost of reconditioning or replacement from the amount reimbursed.
- If the returned product passes Quality Control, CODE41 will proceed with the reimbursement or exchange as applicable.
- Any products returned must be accompanied by the full order information (sales invoice and customs invoice where necessary) in order to facilitate their processing and identification. Unidentified returns will be returned to the sender.
- 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 CODE41 (loss, stopped check, change of banking establishment, etc.), our teams will contact you to find an appropriate solution.
- Personalized products may not be returned or exchanged. The returns policy does not apply to this type of order.
- CODE41 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.
- 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.
- Items damaged through normal wear and tear will not be considered to be defective.
- 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. You must send your request by writing using our form (GARANTEE tab in your client account) on our website. Select your product and click on the button to request repairs.This procedure is valid only when “Completed” status is reached.
- Your watch is under guarantee for 2 years fromthe date of delivery. Requests under guarantee or for repair, even in cases requiring replacement, will not lead to the prolongation of this timeframe.
- The warranty is not applicable in the following cases:
- damage due to normal wear and tear and aging of the product;
- damage due to non-compliant assembly;
- damage resulting from maintenance, repairs or disassembly not performed by an after-sales service center approved by CODE41;
- 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…;
- damage due to transport and delivery;
- damage due to moisture which could have entered the watch following a handling error (for example, the crown not being correctly in place);
- any watch with signs of impact or shock on the glass or the body);
- the proof of purchase (receipt, proof of transfer…) is missing;
- the serial number engraved on the case is illegible or has been falsified;
- the warranty does not cover straps, glass;
- CODE41 strongly discourages bringing your leather strap into contact with water. In fact, not havingbeen subject to any form of waterproofing treatment, your leather strap is at risk of damage (cracks, breaks, color loss). We suggest that you remove your leather strap before washing your hands, taking a shower or bathing. Your guarantee only covers manufacturing defects for the watch itself, and does not include your strap.
- It is made clear that CODE41 poster campaigns and promotions (by their nature intended to showcase the attractive and innovative nature of CODE41 products, and which may sometimes depict CODE41 products in unusual situations or usage) are not to be considered representative of the normal use of CODE41 products which could be claimed as such by the end user. Therefore, the CODE41 warranty will be limited only to defects that appear following what is considered normal and habitual use for a watch.
- In order to activate your guarantee, sign in to your customer account on our Website (GUARANTEE Tab in your client account). Complete the serial No (mandatory), the reference (SKU) and the order No if necessary. In case of problem please contact the support team.
- Upon analyzing 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…).
- 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.
- Items must be sent using the return label provided by CODE41. Packages returned directly to our offices will not be processed, and will be returned to the sender.
- All returned products must be accompanied by the complete details of the order in order to facilitate their identification and accelerate their processing. Unidentified returns will be returned to the sender.
11. Repeated returns
- 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.
- 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. CODE41 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.
- In addition, all products are in compliance with Swiss legislation, but CODE41 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.
- CODE41 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.
13. Personal data protection
In the framework of online sales made under these conditions of sale and within the CODE41 community, CODE41 collects and handles personal data about the client ("Personal Data"). This Personal Data is used in particular in order to provide the online sales service, managing the relationship with members of the CODE41 community, and managing customer relations as well as litigious issues, offering other products, or allowing potential audits of CODE41 to be carried out.
This data handling is justified by the consent of the Customer, the fulfillment of the contract, the lawful interest of CODE41 and the respect of legal obligations. Thus, by becoming a member of the CODE41 community, the customer freely and specifically consents to receiving the newsletters and commercial offers limited to members.
- 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.
- Severability clause
If certain provisions of these Terms and Conditions of Sale should be found partially or completely ineffective, the efficacy of all other provisions will remain valid.
- Electronic communication
In navigating our Website, 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.
- Contact address
You may contact our company by regular post at CODE41, Rue du Midi 10, 1003 Lausanne - Switzerland, or through our contact form found on the “contact” page of the Website.
- Jurisdiction and applicable law
Insofar as is legally admissible, Lausanne is the sole jurisdiction for all legal disputes linked to these Terms and Conditions of Sale and Delivery. CODE41 is also entitled to file a legal suit with the local jurisdiction of the customer.
These Terms and Conditions of Sale and Delivery are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
At CODE41, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by CODE41. This policy explains our privacy practices for code41watches.com.
1. Who are we?
1.1 Data controller
The following information is provided in order for you to be able to take note of the commitments regarding the protection of personal data made by the company Cosanova, operator of the website “code41watches.com”, SARL, based at Rue du Midi 10, 1003 Lausanne, Switzerland (“CODE41”). CODE41 acts as the data controller for the handling of the personal data mentioned in this document.
1.2 Individuals concerned
The individuals concerned by the handling of data are the prospective and current customers of CODE41, notably including Internet users browsing the website (the “Users” or “You”).
2. The personal data that we handle
In the framework of personal data handling, CODE41 notably collects and handles the following categories of data:
- The navigation data of prospective and current customers (IP address, device type…);
- The identifying data of the customer (surname, first name, postal and email addresses…);
- Order history;
- Contact history with our teams (by email or online chat);
- Certain marketing and logistical data (orders, sales, after-sales service etc.), reports on sales, claims and requests for information, email campaigns.
We may gather personal data through the following means:
- by way of signed contracts;
- through our website, during navigation or in the event of signing up to the CODE41 community or creating an account or upon registering a product to take advantage of the guarantee (serial number, order number);
- by way of contact with the CODE41 teams (online chat or calls);
- via social media and the brand’s communication channels (e.g. Facebook, Twitter);
- during sponsored transactions for which you are responsible;
- or when you voluntarily provide them, particularly within the framework of an online application (CV, surname, first name, contact details, skills…).
3. The purposes of and legal bases for our handling of data
3.1 The purposes of our handling of data
The purposes behind our handling of data are as follows:
- management and monitoring of requests for information made by current or prospective customers and the responses provided;
- management and monitoring of orders;
- management of the after-sales service;
- monitoring of and statistics on orders;
- management of the members of the community, including the sending of newsletters and commercial offers;
- providing the customer with special offers on similar products (unless opted out);
- management and monitoring of product guarantees;
- management and monitoring of sponsorship programs;
- management of claims and disputes;
- compliance with legal obligations, in particular in terms of accounting;
- combating fraud relating to payment methods and bank card fraud;
- management and monitoring of applications.
3.2 The legal bases for our handling of data
We only make use of the data that we handle when at least one of the following conditions is met:
- we have received your consent for data handling procedures;
- we, or a third party, have a legitimate interest justifying the handling of the personal data in question;
- fulfilling a contract binding us to you which requires the handling of the personal data in question;
- we are bound by legal and regulatory obligations which require the handling of the personal data in question.
When you become a member of the CODE41 community, you explicitly agree that CODE41 may contact you with news on the activity of the community and offers limited to members of said community.
4. The recipients of your data
The personal data that we collect, as well as any that is gathered at a later date, are intended for us in our role as data controller.
We ensure that only authorized individuals may have access to this data. Our service providers may also be recipients of this data to facilitate the performance of the services with which we entrust them. Some personal data may be provided to third parties or legally authorized authorities in order to fulfill our legal, regulatory and contractual obligations.
They may be provided in the context of a business divestiture or the acquisition by a third party of all or part of CODE41’s assets.
5. The transfer of your data
We transfer your personal data to partners located in the following countries:
- United States of America.
Each of these transfers is managed by legal instruments in compliance with the governing legal framework. Transfers made to said countries are covered by the following appropriate safeguard measures:
- Switzerland: Adequacy decision
- United States of America: Privacy Shield subscription
6. How long we keep your data
The duration for which we retain your personal data is proportionate to the purposes for which it has been collected. Consequently, we structure our data retention policy for the strict duration required for the handling of said data, in accordance with our duration of retention policy.
Furthermore, anonymous data and your data may be retained indefinitely as long as it does not contain any personal data.
7. The rights that you are entitled to
7.1 Your right to information
You acknowledge that this policy informs you of the purposes, legal framework, interests, recipients or categories of recipient with whom your personal data is shared, and the possibility of the transfer of data to a different country or to an international organization.
In addition to this information, and with the aim of ensuring the fair and transparent handling of your data, you declare that you have received further information regarding:
- the duration for which your personal data is retained;
- the existence of the rights that you are entitled to, and the modalities of exercising them.
Should we decide to use data for purposes other than those mentioned, you will be provided with information relating to said new purposes.
7.2 Your right to access and rectify your data
You have the right to access your personal data and have it rectified, which may be exercised by contacting our support team at the following address: support@CODE41.com.
In this capacity, you may receive confirmation of whether or not your personal data is being used, and when it is used, and you have access to your data along with information concerning:
- the purposes of its use;
- the categories of personal data in question;
- the recipients or categories of recipients, as well as the international organizations to whom the personal data has been or will be provided; in particular those recipients located in another country;
- when possible, the planned duration for which your personal data is to be retained, or, when this is not possible, the criteria used to determine said duration;
- the existence of the right to request that the data controller rectify or erase your personal data, the right to request the limiting of the use of your personal data, the right to the portability of your data, and the right to oppose its use;
- the right to file a claim with a supervisory authority;
- information relating to the source of the data when it is not collected directly from the individuals in question;
- the existence of an automated decision-making process, including profiling, and in the latter case, useful data concerning the underlying logic, as well as the importance and anticipated consequences of this data handling for the individuals in question.
You may request that your personal data be, according to circumstance, rectified or completed if inaccurate, incomplete, ambiguous or obsolete.
7.3 Your right to erase your data
You may request that we erase your personal data when one of the following motives is applicable:
- the personal data is no longer required for the purposes for which it was collected or handled in a different way;
- you withdraw your previously given consent;
- you oppose the handling of your personal data when there is no legal motive for said handling;
- the handling of personal data is not in compliance with the provisions of the governing legislation and regulations;
- your personal data was collected as part of the services offered by the information society to children under the age of 16.
Nevertheless, the exercise of this right will not be possible should the retention of your personal data be required in accordance with legislation or regulations, and especially, for example, for the observation, exercise or defense of rights in court.
7.4 Your right to limit the handling of your data
You may request that the handling of your personal data be limited under the circumstances stipulated by the legislation and regulations.
7.5 Your right to oppose the handling of your data
You have the right to oppose the handling of personal data concerning you when said handling is based on the lawful interest of the data controller.
7.6 Your right to the portability of your data
You will have the right to the portability of your personal data.
The types of data for which this right may be exercised are as follows:
- only your personal data, which excludes anonymous personal data and data which does not concern you;
- declarative personal data, as well as personal data with the previously described function;
- personal data which does not threaten the rights or freedoms of third parties, such as that protected by business confidentiality.
This right is limited to data handling based on consent or a contract, as well as the personal data that you have personally generated
This right does not cover either derived or inferred data, which is personal data created by CODE41.
7.7 Your right to withdraw your consent
When our handling of data is authorized by your consent, you may withdraw said consent at any moment. We will then cease our handling of your personal data, without the calling into question of any previous procedures for which you have already given your consent.
Each member of the CODE41 community may at any moment choose to leave said community; you will no longer receive the newsletters or offers limited to members. You also consent to occasionally receiving special offers, from which you may unsubscribe.
7.8 Your right to file a claim
You have the right to file a claim with the CNIL (national information science and liberties commission) on French territory, without prejudice to any other administrative or judicial appeal.
7.9 Your right to define post-mortem instructions
You have the option to define instructions relating to the retention, erasure and communication of your personal data after your death, by way of a trusted third party, certified and charged with ensuring that the will of the deceased is respected in accordance with the requirements of the governing legal framework.
7.10 Modalities for the exercise of your rights
Nevertheless, we may not be obligated to proceed with the exercise of the right to information if:
- you already have access to this information;
- the recording or communication of your personal data is expressly stipulated by law;
- the communication of information proves to be impossible;
- the communication of information would require disproportionate efforts.
The security of personal data is important to CODE41.
In compliance with legal obligations, CODE41 keeps this data in conditions of increased security and for a limited duration proportional to the purposes for which you provided us with said data.
CODE41 follows widely accepted standards for protecting the personal data submitted to them, both during its transmission and once it is received by CODE41.
This policy is liable to be amended or adjusted by CODE41 at any moment. You are encouraged to consult it regularly. Last modification: [●]
If you have any questions: Contact CODE41’s Support team via our contact page; Send an email to CODE41's at email@example.com. Write to us at one of the following addresses:
Rue du Midi 10
We offer standard delivery prices on all orders!
Delivery times and means of transport*
*Our orders are delivered express and signed for upon receipt (except recorded mail).
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Tax and customs
Our prices include VAT and customs duties worldwide, except for locations with special legislation.
Any potential additional fees charged by your local government will be at your expense.
Shipping costs and taxes will not be refunded for packages refused as a result of the non-payment of VAT/duties.