Terms of sale
General terms and conditions of sale and delivery. v2 19.06.2018
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 de l’Ale 30, 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. 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. 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 they are handed over to the courier. We are entitled at any time to demand the return of products before the transfer of ownership, if you contravene these Terms and Conditions of Sale and Delivery.
- The transfer of risks occurs with delivery. 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
- 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 withdrawal request in writing through our contact form found on the “contact” page of the Website.
- 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 the operational testing defined below. 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 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.
- All returned products must be accompanied by the full order information in order to facilitate their identification and accelerate their processing. Unidentified returns will be returned to the sender.
- Reimbursement of the order will be processed via the same payment method used when ordering, as long as the payment method in question is still valid. We will contact you to discuss an alternative solution if this is not the case.
- 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 warranty period of 2 years from the date of delivery, you will have the option to return the item for repair.
- 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 or batteries;
- 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 warranty, sign in to your customer account on our Website. Click “orders” then “see”. At the bottom of the page, click “My watch has a problem or defect”. Enter your serial number and validate. Our team will contact you to indicate the next steps to be taken.
- 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.
- 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 de l’Ale 30, 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.