Terms of sale

code41watches.com terms of sale V01 - 01.03.2017

1. General

The code41watches.com online shop has been set up and is operated by cosanova Sàrl (cosanova), domiciled at rue de l’Ale 30, 1003 Lausanne, Switzerland. The present terms of sale are intended to define the contractual relations between cosanova sàrl and the purchaser as well as the terms applicable to any purchases made via the www.code41watches.com Internet site. Any order placed via the code41watches.comsite implies the unconditional acceptance by the purchaser of the present terms of sale. Any purchases effected on the www.code41watches.com Internet site shall be exclusively subject to the standard terms of sale. The latter shall apply to the goods that the purchaser orders from www.code41watches.com via the Internet. These terms of sale shall take priority over any other standard or specific terms not agreed expressly by cosanova. cosanova reserves the right to modify its terms of sale at any time. In such a case the terms applicable shall be those in force on the date when the order is placed by the purchaser.

2. Your status

If you order an article on our Internet site, you guarantee that the following conditions are satisfied: - you are entitled to conclude contracts with binding effect; - you are at least 18 years of age.

3. Data protection

The personal details that you transmit to us shall be recorded only in cosanova files. These details shall be used within the framework of the execution of your order and for the purpose of organising publicity campaigns, for instance by e - mail. The addresses shall not be communicated or transmitted to third parties. The purchaser's personal details will only be used within the framework defined by the federal data protection laws.

4. Prices

The prices of goods stated on the www.code41watches.com Internet site are net prices in Swiss Francs (CHF) (Other currencies are only indicative prices). The prices include VAT (8% for Switzerland delivery, 20% for European Union delivery) & exclude VAT for rest of world. The prices in force are those published on the www.code41watches.com site. Packaging and postage costs shall be charged in addition to the price of the articles ordered. They are calculated automatically on the site when the order is validated. cosanova reserves the right to modify its prices at any time, it being understood, however, that the price shown on the site on the day when the order is placed shall be the only price applicable to the purchaser.

5. Products

The products shall remain the property of cosanova until receipt of the invoiced amount. The photographs illustrating the products shall not fall within the contractual scope. If there are any errors, under no circumstances will cosanova be subject to liability.

6. Order

Validation of the order shall have the effect of an electronic signature, equivalent to a handwritten signature, in the contract between the purchaser and the vendor. The order shall be confirmed by electronic mail to the address communicated by the purchaser on the order form. For orders of significant quantities, or for a high amount, cosanova reserves the right to check the purchaser's details. The information provided by the purchaser when placing the order shall be binding on him/her. In the event of an error in the text of the recipient's details, cosanova shall not be held responsible for the impossibility of delivering the product. If the products ordered are not available, you will be informed by electronic mail. You will then have the choice of waiting until the article is available again or cancelling the order. Order Cancellation. If an item of merchandise is delayed out of the CODE41 fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then CODE41 may cancel the order. If this occurs, then CODE41 will contact you so that you are aware of the situation. Restrictions on Resale. In order to protect CODE41's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. CODE41 will not accept any order that is deemed to possess characteristics of reselling. CODE41 reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

7. Payment Terms and transaction security

Payment. The price given on the CODE41 online shop at the time the order is placed is binding. Payment of goods is fundamentally possible by means of credit card (secured by 128-bit SSL encryption) or PayPal. The payment types concretely available to you are displayed during the ordering process. When paying using a credit card, the card is immediately debited. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official CODE41 communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [CODE41 rue de l'Ale 30 CH-1003 Lausanne Switzerland]. Third Party Payment Services Provider. CODE41 uses Stripe Inc. (“Stripe”) and PayPal, Inc. (“PayPal”) as a third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the CODE41 Properties, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/ch/terms and Privacy Policy available at https://stripe.com/ch/privacy and PayPal’s User Agreement available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/ch/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize CODE41, Stripe, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

8. Right of withdrawal

The customer can cancel the order within a period of fourteen days following receipt of the goods without being obliged to state any reason. Withdrawal shall be effected contacting code41 within the stated deadline (proof of delivery being the determining factor) via Code41 website. Code41 will then send you shipping instructions and will organize a pick at your site. within the stated deadline, the date of postmark being the determining factor. If the withdrawal has been made correctly, cosanova shall reimburse the price paid excluding delivery costs, on condition that the goods are received by cosanova unused and in original condition. Goods finished in accordance with customer specifications or goods which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items are specifically for final sale and have been engraved according to customer specifications. CODE41 is not liable for errors that are the result of customer instructions or specifications.

9. Liability

www.code41watches.com undertakes to implement all the means at its disposal to ensure the best quality service possible. However, www.code41watches.com cannot be held responsible for malfunctioning occurring on the Internet and electronic networks.

10. Cancellation and force majeure

A case of force majeure shall be any external unforeseeable event that we cannot influence and that prevents the normal performance of our services. In the event of a case of force majeure usually acknowledged as such by judicial practice, the obligations linked to the order in process shall be suspended for the entire duration thereof. If the case of force majeure lasts longer than 30 consecutive days, the order in process shall be cancelled. In addition, www.code41watches.com reserves the right to cancel any contract at any time without stating reasons. In such an event, www.code41watches.com undertakes to reimburse the purchaser.

11. Applicable law and jurisdiction

The present standard terms of sale are subject to Swiss law, irrespective of the purchaser's country. The invalidity of one or more clauses of the standard terms of sale shall not lead to the invalidity of the entire document. In place of a legal gap, the provisions of the Swiss Code of Obligations alone shall apply. Any litigation shall be subject to Swiss law exclusively. The legal venue shall be Lausanne.