General terms and conditions of sale
1. General statement
- The www.mariebouttecon.com online store has been established and is operated by the company BUGME GmbH, registered at Salvenachstrasse 5, 1797 Münchenwiler, Switzerland. MARIE BOUTTECON (hereinafter: MARIE BOUTTECON) is a brand of the company BUGME GmbH.
- These General Terms and Conditions of Sale and Delivery are intended to define the contractual relationships between MARIE BOUTTECON and the buyer. All orders placed on www.mariebouttecon.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 MARIE BOUTTECON.
- MARIE BOUTTECON 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 MARIE BOUTTECON products, nor will you purchase from MARIE BOUTTECON with the intent of resale or for any other commercial purposes.
- MARIE BOUTTECON may refuse any order for legitimate reasons; for example if MARIE BOUTTECON 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.
- 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.
- 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 only. 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.
- MARIE BOUTTECON 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 MARIE BOUTTECON, 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.
- In the event that these requests are not met within the stipulated time where required, MARIE BOUTTECON reserves the right to cancel your order, and MARIE BOUTTECON reserves the right to limit the quantity of MARIE BOUTTECON 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 MARIE BOUTTECON.
- 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.
- 10.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.
- 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 MARIE BOUTTECON 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, MARIE BOUTTECON 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.
- MARIE BOUTTECON 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 MARIE BOUTTECON until their delivery to the address provided. The transfer of property takes place on that date. Consequently, MARIE BOUTTECON 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
- 1.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.
- 2.After your product has been passed to the courier, you have the right to withdraw from this contract without motive within 5 days of receipt. The right of withdrawal / return expires 5 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.
- 3.You must send your return request in writing through our contact form found on the “contact” page of the Website.
- 4.Returns must be sent using the return label provided by MARIE BOUTTECON. Packages returned directly to our offices will not be processed, and will be returned to the sender.
- 5.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.
- 6.Failure to return the original MARIE BOUTTECON box or special packaging in good condition will give MARIE BOUTTECON the right to retain the corresponding value from the reimbursed amount.
- 7.All returns or exchanges will be subjected by MARIE BOUTTECON 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, MARIE BOUTTECON may also require the Customer to pay for the damages.
- 8.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, MARIE BOUTTECON will deduct the cost of reconditioning or replacement from the amount reimbursed.
- 9.If the returned product passes Quality Control, MARIE BOUTTECON will proceed with the reimbursement or exchange as applicable.
- 10.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.
- 11.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 MARIE BOUTTECON (loss, stopped check, change of banking establishment, etc.), our teams will contact you to find an appropriate solution.
- 12. Personalized products may not be returned or exchanged. The returns policy does not apply to this type of order.
MARIE BOUTTECON offers a 2 years warranty for its timepieces, valid from the date of purchase. The warranty is only valid if the warranty certificate has been duly completed. The warranty certificate must include the name or model number, the date of purchase. The warranty covers any fault arising from defective parts or a manufacturing defect.
For any service or repair operation, your MARIE BOUTTECON watch must only be entrusted to one of our approved agent or be sent to the nearest service center as detailed in the service center list.
Authorized MARIE BOUTTECON service centers reserve the right to repair or replace parts required for your timepiece to function correctly.
The warranty does not cover:
– battery changes
– damage or faults caused by an accident, inappropriate use or negligence
– damage caused by normal wear of the case, the bracelet and its buckle, the crown or the crystal
– normal wear and ageing of any natural material
– use of the watch not in accordance with the general recommendations on next page
– the watch, or one of its components, if it has undergone an operation by a third party other than MARIE BOUTTECON or its approved agents
To ensure your watch provides complete satisfaction for many years to come, please follow the instructions listed below:
Avoid placing your watch near devices generating strong magnetic fields.
– Wherever possible avoid any impact that might damage your watch or affect its running.
– Avoid exposing your watch to extreme temperatures or temperature variations (solar radiation, halogen spotlight, etc.).
Avoid direct contact with solvents, detergents, perfumes, mosquito repellent or any chemicals, since they may damage your watch’s components.
The water resistance of your watch has been tested to at least a pressure of 3 bar, approximately corresponding to a depth of 30 meters. However, the absolute water resistance of a watch may not be permanently guaranteed. It may be affected by ageing of the gaskets, accidental impact on the case or crystal and other external factors. We recommend having your watch’s water resistance tested by a MARIE BOUTTECON service center.
Leather and other skin straps, fabric straps, natural materials straps:
Since these materials are natural, be sure to protect your strap from prolonged exposure to the sun and moisture, so as not to alter its shape and color. Watches containing these materials should not be used underwater.
Mother of pearl, natural materials parts:
The characteristics of natural materials mean that their structure and irregularities may be visible, which makes each piece unique and exclusive
– Never operate the push-buttons to set time when the watch is wet or underwater to prevent water penetrating into the case.
– Use soapy water and a soft brush for cleaning metal of the case. Rinse with clean water to eliminate washing residue. Never use cleaning agents. Wipe down with a soft cloth.
– Always rinse your watch in lukewarm water after use in a saline or chlorinated environment (sea water, swimming pool).
Rained or spent batteries may leak, which would damage the movement and the internal components of your watch. It is therefore advisable to change the battery every 48 months.
Protecting the environment
Spent watch batteries and components must not be disposed of in the rubbish bin, but be recycled properly. We recommend in particular taking them back to your outlet.
Spent watch batteries and components must be recycled in accordance with current national laws.
- 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. MARIE BOUTTECON 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 MARIE BOUTTECON 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
- MARIE BOUTTECON 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.
- Jurisdiction and applicable law Insofar as is legally admissible, Fribourg, Switzerland, is the sole jurisdiction for all legal disputes linked to these Terms and Conditions of Sale and Delivery.
- MARIE BOUTTECON 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.