Our General Terms and Conditions are pre-formulated contract terms. They apply to all online purchases from Carl Suchy & Söhne.
1. Scope of application and definitions
Persons subsequently referred to as consumers are consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG) and thus natural persons or legal entities other than entrepreneurs.
Entrepreneurs are natural persons or legal entities or partnerships with legal capacity that make this contract in the course of carrying on their business. Business means any organisation, which is intended to be permanent, for the purposes of independent commercial activity, even though it may be a non-profit enterprise.
Customers include both consumers and entrepreneurs.
The business relationship between Carl Suchy & Söhne AG, Zurich and Vienna, (subsequently “Carl Suchy & Söhne”) and the customer is exclusively governed by the following General Terms and Conditions as applicable at the time an order is placed.
Any conflicting or other general terms and conditions and/or other terms of the customer, however named, are expressly rejected, unless the seller expressly agrees to them in writing.
Individual agreements made with the customer on a case-by-case basis (including side agreements, additions and/or amendments) take precedence over the seller’s General Terms and Conditions in any event. The contents of such agreements must be laid down in a written contract and/or confirmed by the seller in writing. The same also applies to any waiver of the written form requirement by mutual agreement.
2. Conclusion of the contract
The display of products in the online shop of Carl Suchy & Söhne does not represent a legally binding offer, but is a non-binding product presentation.
During the online ordering process, selected products can be deleted at any time by clicking the “Remove” button. Also, it is still possible to remove all or individual products from an order in the summary of the shopping basket and the data you entered before confirming the order with obligation to pay.
By clicking the “Order now with obligation to pay” button, you place a binding order for the goods added to the shopping basket. This gives rise to a payment obligation.
The receipt of the order is confirmed immediately after the order has been placed; this does not yet constitute acceptance of the contract. The contract comes into existence only upon express acceptance of the order by e-mail or by sending the goods.
Carl Suchy & Söhne is entitled to reject offers to enter into a contract without giving any reason.
The customer has the opportunity to conclude the contract in German or in English.
3. Prices and terms of payment
Carl Suchy & Söhne accepts payment by credit card or direct bank transfer.
All prices are quoted in euros and include Swiss value-added tax of 8% and shipping costs.
Please note that a surcharge to match the value-added tax rate applicable in your home country and customs import duties may be added to the quoted price.
Under purchase contracts between Carl Suchy & Söhne and the customer, the total amount payable is due immediately.
4. Passing of risk and delivery
If the customer is an entrepreneur, the risk of loss and/or deterioration of the goods passes to the customer as soon as the goods are handed over to the forwarder, carrier or other person or entity assigned to carry out the shipment.
If the customer is a consumer, the risk of loss and/or deterioration of the goods passes to the customer as soon as the goods are handed over to the customer or a person attributable to the customer.
Carl Suchy & Söhne ships its products worldwide.
Unless otherwise agreed, delivery is made to the delivery address specified by the customer.
Shipments of goods purchased through Carl Suchy & Söhne are covered by transport insurance. The type of shipping is standard delivery.
Special requests, such as express delivery, can be arranged by agreement; any extra costs incurred as a result thereof must be borne by the customer.
The estimated delivery time is indicated to the customer in the relevant product description and begins upon receipt of payment.
The products of Carl Suchy & Söhne are released annually in a limited production series. Please understand that a delivery time of up to seven months from placing the order must thus be expected, unless the desired item is in stock.
Delivery times may vary depending on usual postal delivery times, and delays may occur due to events beyond the control of Carl Suchy & Söhne and its vicarious agents, such as customs controls.
5. Guarantee and service
“Waltz N°1” is covered by a guarantee valid for 36 months from the date of purchase that applies exclusively to the movement.
Within this 3-year period, the customer has the right to have any defects appearing under proper use and arising from faulty material and/or workmanship repaired free of charge by a specialist.
The hours of work spent by the watchmaker carrying out the repairs are covered by Carl Suchy & Söhne under the guarantee.
The costs of any material and spare parts that may be required must be borne by the customer. The customer is informed of the estimated costs of material and spare parts before any repairs are made, and the customer can decide whether the repairs should be carried out.
The costs for the transportation of the watch under the guarantee must be borne by the customer himself/herself. The customer must make a claim under the guarantee within the guarantee period by notifying Carl Suchy & Söhne in writing by e-mail or regular mail. In such notification, the customer must describe the defects on which the claim is based. The watch is either collected from the customer, or the customer is asked to send the watch to the business address in Switzerland. The watch is then returned to the customer using secure means for transporting valuables with insurance cover.
If the conditions for making a claim under the guarantee are not met, the customer is informed thereof and of the reasons.
The repaired parts or replacement parts are covered by the guarantee for the remainder of the guarantee period.
Replaced parts become the property of Carl Suchy & Söhne, and the new parts become the property of the customer.
The following is not covered by the guarantee:
a) repair of defects intentionally caused by the customer;
b) repair of water damage;
c) watch straps, glass, crowns and all wearing parts as well as damage other than normal or usual wear and tear.
6. Warranty
The statutory warranty rights apply to all contracts between Carl Suchy & Söhne and consumers.
If an entrepreneur submits a justified notice of defects in accordance with the provisions of the Business Code (Unternehmensgesetzbuch, UGB), Carl Suchy & Söhne has the choice of satisfying claims under the warranty by improvement or replacement of the goods. If replacement or improvement is impossible or unfeasible, the entrepreneur has, as a rule, the choice of requesting a price reduction or, if the defect is more than just minor, a rescission of the contract.
Entrepreneurs are required to immediately examine the delivered goods for defects within the period stipulated by the provisions of the Business Code and notify Carl Suchy & Söhne in writing of any defects within that period from receipt of the goods, or else the assertion of both warranty claims and damages is excluded. Notice of hidden defects must be given in writing within a period of one week of discovery. To comply with this period, it is sufficient to send the notice in time. The entrepreneur bears the full burden of proof as regards all prerequisites for a claim, in particular the defect itself, the time of discovery of the defect and the timeliness of the notice of defects.
Any damage caused by the customer as a result of improper handling of the goods is excluded from the liability for defects.
If Carl Suchy & Söhne takes action on behalf of the customer in connection with purported defects reported by the customer and it turns out that no defect exists or that the customer is responsible for an existing defect, the customer must reimburse Carl Suchy & Söhne for the expenses incurred.
7. Limitation of liability and release from liability
Carl Suchy & Söhne is only liable for its own content on its website. To the extent that Carl Suchy & Söhne provides access to other websites by means of hyperlinks, Carl Suchy & Söhne is not responsible for any third-party content on such websites. Carl Suchy & Söhne does not adopt such third-party content as its own. If Carl Suchy & Söhne becomes aware of any unlawful or incorrect content on external websites, Carl Suchy & Söhne will immediately disable access to such sites.
8. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us (Carl Suchy & Söhne AG, e-mail: office@carlsuchy.com, 0043 680 12 87 604) of your decision to withdraw from this contract by an unequivocal statement (e.g. a phone call or e-mail). For that purpose, you may use the model withdrawal form, but it is not obligatory. The statement of withdrawal is not required to have a certain form.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back and have been able to verify that the watch is intact.
You shall send back the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the cost of returning the goods.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. Final provision
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become ineffective in whole or in part, the validity of the remaining provisions is not affected thereby. The wholly or partly ineffective provision is replaced by a provision that best meets the commercial purpose of the ineffective provision.
