1. Scope of Application
These General Terms and Conditions of Sale (the “Terms and Conditions”) shall apply to all offers, orders, order confirmations, contracts and deliveries between you (the “Buyer” or you”) and Montres Louis Erard SA, a company with its seat located at Rue de l’Ouest 2, 2340 Le Noirmont, Switzerland (“LOUIS ERARD”, “we”, “us”, “our”), made through the eshop hosted on the website www.louiserard.com (the “Website”) operated by LOUIS ERARD, as well as through email communications. At any moment, you can contact us at the following email address: [info@louiserard.com] or by phone at the following number: [+41 (0) 32 957 65 30].
By placing an order, you acknowledge that you have read, understood and accepted, without any reservation, these Terms and Conditions, as in force at the time the order is placed, and agree that they form an integral part of the contractual relationship between you and LOUIS ERARD and that they are binding. By placing an order, you furthermore agree to the Terms and Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority and capacity to enter into such an agreement.
LOUIS ERARD reserves the right to modify these Terms and Conditions at any time, and at its sole discretion, by publishing a new version on the Website and/or the eshop. The new version of the Terms and Conditions shall be applicable to any order confirmed after its publication.
Certain features of the Website and/or the eshop may be subject to additional terms and conditions or rules, which are available on the relevant pages.
We invite you to read our Privacy and Cookies Policy, and Terms of Use, which form an integral part of these Terms and Conditions.
Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.
2. Orders for Products and Services
The products and services we make available on the Website are for your personal, non-commercial use only. You may only order products and services if you are eighteen (18) years old or older. Certain products and services that you purchase on the Website may be subject to additional terms and conditions presented to you at the time of such purchase. We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped.
Upon the placement of any order, the Buyer will receive a confirmation of the order. This does not constitute an acceptation of the offer by LOUIS ERARD. A purchase agreement will only be validly concluded in accordance with article 4.
3. Product Information and Pricing
While we attempt to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the Website. In particular, we try to accurately display the colours of the products you see on the Website, but we cannot guarantee that the colours you see on your monitor will be accurate. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate.
4. Conclusion of a Purchase Agreement and Passing of Risks
Orders placed via the Website are not considered accepted and a purchase agreement is not considered concluded until we have shipped the order. LOUIS ERARD reserves the right to refuse an order at its sole discretion, without having to justify its decision. The risk of loss and damage to the products shall be transferred to the Buyer Ex Works.
5. Prices and Additional Costs
The Buyer will be charged the price displayed on the Website at the time the order is confirmed. The prices on the Website and/or eshop are indicated in Swiss francs (CHF) and include Swiss Value Added Tax (VAT). For deliveries outside of Switzerland, Swiss VAT will be deducted from the invoice displayed on the checkout page or communicated via email.
LOUIS ERARD reserves the right to modify its prices at any time and to cancel a purchase agreement that contains errors in wording, printing or calculation.
Delivery costs are borne by LOUIS ERARD. However, custom clearance fees may apply.
The fees applicable to the method of payment are displayed in the shopping cart before the confirmation of the order and are added to the prices indicated for the order, or, in the event that the order is placed via email, are communicated through such means. By placing the order, the Buyer accepts to bear the aforementioned fees.
In addition to delivery and custom clearance costs, deliveries to countries other than Switzerland may imply customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) and which are not always taken into account in any of the prices indicated on the Website and/or eshop. The Buyer must bear any custom duties and other taxes applicable in the country of delivery, as well as any other costs linked to delivery of the purchased products outside of Switzerland. By accepting these Terms and Conditions, the Buyer agrees to pay any customs duties, taxes or any other costs that may apply in relation to the delivery in another country than Switzerland.
6. Payment
The purchase price for the products ordered is due and to be paid immediately upon confirmation of the order by the Buyer.
Payments may be done by the use of any of the payment means accepted by the eshop at the time of the order, such as Twint, bank transfer, debit and credit card. In the event an order is placed through email, payments may be executed by bank transfer, or by using the link provided by LOUIS ERARD in an email, to the secure Stripe, Inc. website. The processing of personal data related to payments and the payment means is addressed in our Privacy and Cookies Policy.
If we cancel any orders after any part of the purchase price has already been paid, we will issue a refund on the account used by the Buyer to make the original payment within a reasonable timeframe.
7. Delivery
The products will be prepared for delivery only when the purchase price is fully paid. The products will be delivered to the shipping address stated by the Buyer as part of the eshop checkout process or by email, and through a delivery service appointed by LOUIS ERARD. The expected delivery time mentioned on the Website or by email is indicative, and may be subject to customs clearance or other delays outside of the control of LOUIS ERARD. LOUIS ERARD shall not be liable for any delayed delivery.
For stock reasons, some products are only produced on order. In such cases, the Buyer will be informed by email, in principle, prior to the confirmation of the order, of the indicative expected delivery time. LOUIS ERARD shall inform the Buyer of any delays, and communicate any modified delivery time to the Buyer, by email. No withdrawal of orders will be accepted for any delivery delays which are not due to any fault of LOUIS ERARD’s.
In the event that several orders are made simultaneously by the Buyer, delivery may be split, such that certain orders may be delivered before others.
The Buyer must immediately inspect the products upon delivery. If the Buyer discovers any defects, they must immediately notify LOUIS ERARD without delay, and at the latest, within seven (7) days. In the absence of such notification, the products shall be deemed to be accepted.
8. No Withdrawal Rights
The Buyer understands and agrees that there is no withdrawal right once the order is confirmed in accordance with article 4 above.
The right of LOUIS ERARD to accept, at its sole discretion, a return for replacement in conformity with article 10 is reserved.
9. Returns
We will accept your return subject to the terms set out in this article.
To return an item, please send an email highlighting the order you wish to return to [info@louiserard.com] within thirty (30) days of the receipt of your order. A Customer Service representative will then contact you and, if the 30-day period from the receipt of the order has been respected, grant you a return authorization (the “Return authorization”). Please note that the granting of a Return authorization does not mean that the return will be accepted.
The product must be returned within ten (10) days of the issuance of the Return authorization, by registered mail only. In addition, all products must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and product packaging, protective materials, and tags in place. LOUIS ERARD will not accept any return if the product shows any sign of wear, or has been used or altered from its original condition in any way, or if the 10-day period from the issuance of the Return authorization has not been respected.
Personalized products are considered as final sale and cannot be returned.
Watch bracelets made of links that have been adjusted at the Buyer’s request by LOUIS ERARD or by a LOUIS ERARD authorised retailer are not considered personalized products. In case of return of such product, the bracelet must be returned with all the links originally shipped.
The return delivery costs will be borne by LOUIS ERARD.
If the return is accepted by LOUIS ERARD, the tax-excluded price will be refunded to you via the original payment method within the next fourteen (14) business days. However, LOUIS ERARD will not pay and/or refund any other fees, in particular, transaction fees borne by the Buyer when making the payment (e.g. credit card fees, bank charges, foreign transaction fees, currency conversion fees, etc.) as well as VAT, consumption taxes or any customs duties, taxes and other costs incurred in connection with the delivery to and/or return from countries other than Switzerland.
10. Warranty
LOUIS ERARD warrants any products delivered against defects for a period of three (3) years starting from the moment of the order. The Buyer shall notify LOUIS ERARD of any defect affecting the products within the warranty period. In the event that a defect comes to light subsequently to the delivery but within the warranty period, the Buyer shall notify LOUIS ERARD immediately. In the absence of such notification, the products shall be deemed to be accepted even in respect of such defects.
LOUIS ERARD shall, at its sole discretion, replace or repair the products in question, to the exclusion of any rescission of the purchase agreement or reduction of price. While waiting for LOUIS ERARD’s response, the Buyer shall keep the product safely in its possession.
After-sales services may be provided following the end of the warranty period. Such services are subject to a quote and are performed only after approval of such quote by the Buyer.
11. Limitation of Liability
No warranty will be granted if the Buyer has carried out any modification or repair of the product himself/herself or had it carried out by a third party.
The photos and texts illustrating and describing the products appearing on the Website and/or the eshop are non-contractual and for information purposes only. LOUIS ERARD assumes no responsibility for any errors or omissions in the photos or texts appearing on the Website and/or eshop.
LOUIS ERARD may not be held liable towards the Buyer for any loss whatsoever arising in connection with the products, their use, delivery, or for any damage caused to the Buyer in the execution of the order, unless such damage is due to willful intent or gross negligence.
In no event shall LOUIS ERARD be liable for any indirect damages, including but not limited to, consequential damages or loss of profits, or for any damage of whatever nature and whether or not based on the purchase agreement.
LOUIS ERARD’s aggregate liability for any damage it has caused shall in any event be limited to the purchase price of the products paid by the Buyer.
Except for the express provisions of the Terms and Conditions, and to the maximum extent permitted by applicable law, LOUIS ERARD disclaims and excludes all warranties, terms and other conditions, including but not limited to any warranty, terms and other conditions of merchantability, satisfactory quality, fitness for a particular purpose, correspondence with description or non-infringement.
LOUIS ERARD shall not be liable for any damages caused by the products or any damages using the products. LOUIS ERARD assumes no product liability except as imposed by mandatory law.
12. Prohibition of Assignment
The Buyer may not assign contractual rights to a third party, except with the prior written consent of LOUIS ERARD.
13. Data Protection
Any processing of the Buyer's personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy and Cookies Policy.
14. Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect.
15. Applicable Laws and Competent Courts
These Terms and Conditions is governed by the laws of Switzerland, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this agreement will be submitted to the personal and exclusive jurisdiction of the courts competent in the State of Jura, Switzerland. The right of appeal to the Swiss Supreme Court is reserved.
