Validity of conditions
The deliveries, services and offers of the online shop of Monjour Watch Group SA
(MONJOUR), Zentralstrasse 46, 2502 Biel (Switzerland) Pare subject exclusively to these general terms and conditions, even if they are not expressly agreed again. By ordering the goods or services, these conditions are deemed to have been accepted. The customer's general terms and conditions of purchase are hereby rejected. Deviations from these general terms and conditions are only effective if they have been confirmed in writing by MONJOUR.
Offer and conclusion of contract
The offers of MONJOUR in price lists and advertisements do not constitute a legally binding offer, but an invitation to the customer to place a binding order. Offers such as checked returns and clearance sales are excluded from the binding availability.
By clicking the order button in the online shop, the customer places a binding order for the products listed on the order page. MONJOUR confirms receipt of the order immediately after it is received. Orders are only binding for MONJOUR after a written order confirmation. If it is determined after the order confirmation that delivery of the goods is not possible or that there was a pricing error, the order will be cancelled or, in the case of pricing errors, if the goods have already been delivered, the price difference will be charged to the customer. In the case of pricing errors, the customer is entitled to return the goods to MONJOUR, if the customer does not agree with the subsequent billing of the price difference. In any case, the customer cannot assert any further claims against MONJOUR or a supplier.
The information on the website and in the sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood only as a guideline and do not constitute any assurance of properties, unless they are expressly designated in writing as binding.
Prices
The prices indicated in the order confirmation are binding. They are fixed at the time of ordering for items in stock. In the event of supply shortages or specific purchases, the price in force on the day of the order applies. Prices are in Swiss francs, including statutory VAT, and, unless otherwise agreed, exclude transport costs. Current prices are published in the online store, subject to change or error.
Terms of delivery
Dates and delivery times are non-binding, unless otherwise expressly agreed in writing.
Complaints regarding quantities, damage, delay, loss or poor packaging must be made immediately upon receipt of the goods.
Default of acceptance
If the customer refuses to accept the delivery items after a grace period set by him has expired, or if he declares that he does not want to accept the goods, MONJOUR can refuse to fulfil the contract and demand compensation for non-performance.
MONJOUR is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred by the customer.
Transfer of risk
As soon as the shipment has been handed over to the company carrying out the transport, the statutory provisions of the Swiss Code of Obligations regarding the contract of carriage shall apply. This means, among other things, that the risk is transferred to the customer once the transport company has successfully handed over or deposited the shipment. If the customer does not want the shipment to be deposited, it is the customer's responsibility to notify the transport company (e.g. the post office). If, in individual cases, MONJOUR has agreed to cover the transport costs, this has no influence on the transfer of risk.
Warranty/Guarantee
MONJOUR guarantees that the ordered product is free of defects and functional for two to five years depending on the models after delivery.
If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not meet the original specifications, any warranty/guarantee shall become void if the defect can be traced back to this. This also applies if the defect can be traced back to improper use, storage and handling of the devices, or unauthorized intervention and the opening of devices.
Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as for consumables/accessories/batteries/built-in rechargeable batteries, is excluded.
If a warranty or guarantee claim arises, the customer is entitled to rectification, replacement or cancellation of the sale. The choice of how to rectify the defect lies with MONJOUR. If MONJOUR decides to cancel the contract, a credit note will be issued at the current price (maximum the selling price at the time of the order). If MONJOUR decides to rectify the goods, the customer has to send the good to MONJOUR (bring-in guarantee).
The warranty period is not interrupted by a possible warranty or guarantee case, but continues to run.
No new warranty periods come into force through the exchange of parts, assemblies or entire devices.
Payment
Payment options are credit/debit cards. If payment is declined, the order is not accepted. Cards are charged upon dispatch.
Invoices are payable in cash or within 10 days net, depending on the agreement. The payment methods available are published in the online shop. MONJOUR reserves the right to carry out a credit check if necessary, in accordance with the data protection declaration.
A payment is only considered to have been made when MONJOUR can dispose of the amount.
If the payment is not made within the above-mentioned period, the customer is in default of payment, which entitles MONJOUR to charge interest at a rate of 5% from the relevant point in time. During the period of default, MONJOUR is also entitled at any time to withdraw from the contract, hold back the delivery of goods, to demand the return of the delivered goods and to claim damages for the lapse of the contract. All claims become due immediately if the customer is in default of payment, fails to comply with other essential obligations under the contract or if MONJOUR becomes aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending settlement or bankruptcy proceedings. In these cases, MONJOUR is entitled to withhold outstanding deliveries or to only carry them out against advance payment or securities.
Reminder and collection fees
If the customer falls into payment arrears, MONJOUR will remind the customer by email, in writing or by telephone. MONJOUR reserves the right to charge reminder fees of CHF 20 (excluding VAT) for the reminders issued. If reminders are unsuccessful, MONJOUR can transfer the claim to a third-party debt collection company. The company commissioned with the debt collection will claim the outstanding amounts in its own name and for its own account and can charge additional processing fees.
Limitation of liability
Claims for damages against MONJOUR, as well as against employees, auxiliary persons and substitutes, arising from impossibility of performance, breach of contract, culpa in contrahendo and tort, are excluded, unless intentional or grossly negligent action has occurred. No liability is accepted for consequential damages resulting from the use of the products.
Data protection
MONJOUR is committed to complying with data protection regulations when processing customer data. If payment is made through a credit/debit card, the customer is subject to validation checks and authorization by the card issuer. Further information on the handling of customer data can be found in the separate data protection declaration [include link to website]. The data protection declaration is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the data protection declaration.
Applicable law and exclusive jurisdiction
Biel (Switzerland) is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
The legal relationship is subject to Swiss law, excluding any international conventions such as the UN Convention on Contracts of the International Sales of Goods.