Fields of application and modification of the general terms and conditions

The present general terms and conditions apply to the sale and delivery of products offered by the website www.emily-carter.com (hereinafter referred to as the “website”). Please read all of the sales and delivery conditions carefully before ordering an item on this website. By ordering one of our items, you automatically accept the provisions outlined below.

Damala SA reserves the right to adapt or modify these terms and conditions at any time, with changes immediately taking effect for all new orders.

This website is operated by 

Damala SA
Rue des Tilleuls 12
2300 La Chaux-de-Fonds
Suisse
+41 32 968 86 78

Obligations of the parties

The customer agrees to pay the price of the articles he orders from Damala SA, and Damala SA agrees to deliver the items ordered by the customer in accordance with the stipulations of the general terms and conditions.

The customer affirms he is able to enter into a contract. The customer ensures all of the information he provides is factual and shall be held responsible by Damala SA for any damage related to the transmission of inaccurate datas.

Order process 

Any order placed on the website is considered a firm offer relating to the purchase of an item in accordance with the present sales and delivery terms and conditions.

Once the order has been validated by the customer, the order is automatically confirmed by Damala SA by e-mail.

Damala SA is free to accept or refuse the order.

If the order is accepted, it is then delivered to the customer in accordance with the stipulations of the general terms and conditions.

If the order is refused, the customer will be notified by e-mail. The order will be refunded.

If the ordered items are not available, the customer will be notified by e-mail.  The customer will then have the choice to wait until the item is available again or cancel his order.

The contract takes effect once the customer has placed his order and the order has been validated by Damala SA.

Payment and security methods

All payments made by a customer when placing an order on the website are secure.
Damala SA uses the Stripe payment system. This system is built into the website. Confidential data (customer identity and credit card number) is only stored by our banking partners on highly secure servers.

Payments can be made by credit card: VISA, MASTERCARD, AMERICAN EXPRESS; AILPAY.

Prices and shipping fees

The item prices appearing on the website may be modified by Damala SA at any time.

The prices are listed in Swiss francs (CHF) for Swiss based customers with shipment in Switzerland and in EURO (EUR) for non-Swiss based customers with shipment outside Switzerland. For purchases from Switzerland and unless otherwise specified, VAT (the current applicable rate) is included in the listed prices.

The items prices charged to the customer are those which are in effect on the date of the order. 

The shipping costs in Switzerland and other countries are free of charge.

The importation costs (customs tax / customs clearance cost / VAT or sale tax) are borne by Damala SA for a maximum cost of 50% of the declared value.

Delivery area

The delivery area is worldwide.

In order to be able to place a valid order on the website, it is imperative the customer provides a complete delivery address in Switzerland.

Delivery

In general, our items are sent within 1 to 4 working days to the address indicated by the customer. 

If the order is unable to be shipped within 1 to 4 working days, the customer will be notified of another shipment date within 48 hours after placing his order.

The delivery time period of merchandise from our warehouse is as below:

Switzerland: 2-4 days
International: 4 to 10 days

These timelines are provided for informational purposes only. The customer shall not be eligible for any claims (for refunds, returns, or other) against Damala SA should these timelines not be respected. 

In Switzerland, there are no deliveries on Sundays or national and cantonal holidays. If the information provided by the customer is inaccurate, our company shall not be held liable for its inability to deliver the order or respect the timelines. Our company will be released of all liability in the event of a delivery problem stemming from the post office.

Transfer of ownership and risk

The item becomes the property of the customer as soon as the payment of the full purchase price has been made in its entirety and the goods have been handed over to the carrier.

The transfer of risks takes place upon delivery. Risks, in the sense of this provision, relate to liability in the case of damage to the item or to damage caused by its use, handling, or storage.

Right to cancel 

Damala SA allows for goods to be returned for any reason whatsoever within 7 business days after the order was received. The purchaser is responsible for the return and its costs.

The goods must be returned in perfect condition and in their original packaging, which must also be in perfect condition. Customer returns which are incomplete, broken, damaged, or dirty will not be refunded.

When returning an order, the customer must follow the following procedure:

  • Indicate the order number, as well as the reason for the return
  • Provide the reason for the return
  • Send the package by registered mail with signature upon delivery. 

The package must be returned to the following address:

Damala SA
Rue des Tilleuls 12
2300 La Chaux-de-Fonds
Switzerland

Liability

Damala SA agrees to proceed with prudence and diligence with regard to the information it provides. However, any information, instructions, advices, or explanations furnished by Damala SA on its website or in any other manner are data which are only used for informational purposes and does not render Damala SA in any way liable.

Although Damala SA endeavors to keep its website up-to-date, Damala SA does not assume any responsibility as to the accuracy of the information it conveys. Any detected errors or omissions will be fixed as quickly as possible.

Photos and other depictions of the items sold on the website do not carry any contractual value.

Warranty

If it should turn out that the product has a malfunction or any other quality flaw, Damala SA agrees to replace it once it has been returned and inspected by our relevant service.

The customer’s attention should be drawn to articles 197 and higher of the Swiss Code of Obligations, particularly in respect to his responsibility to verify the items received upon the delivery of his order.

All of the watches for sale on our website are provided with an international, 24-month warranty against material or manufacturing defects.

Products being returned within the framework of the warranty are to be sent to the following address:

Damala SA 
Rue des Tilleuls
2300 La Chaux-de-Fonds
Switzerland

Data protection

Damala SA agrees to respect the confidentiality of personal data provided by customers while ordering on the present website, and to treat this data in accordance with the limits imposed by the law.

The customer may choose to refuse invitation e-mails and commercial communication from Damala SA when registering with the present website for the first time. This possibility also remains in effect any time thereafter.

By signing up for the Damala SA Newsletter, the customer agrees to receive advertising or other kinds of information from Damala SA. The customer is free to cancel this subscription at any time.

The customer agrees to provide his personal information as a necessary step to ensuring the proper processing of his order (billing and delivery). He is responsible for it being correct and up-to-date at the time his order is placed. In no way is this information disclosed or transmitted to third parties.

Applicable law and jurisdiction

The goods remain the property of Damala SA until the full payment of the goods or the delivery of the product. The present general terms and conditions, as well as all contracts concluded, are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) may not be applied.

Place of jurisdiction and applicable law. As far as legally permissible, Neuchâtel in Switzerland is the exclusive place of jurisdiction for all disputes related to these sales and delivery terms and conditions. Damala SA is also authorized to pursue legal action within the competent jurisdiction of the customer’s residence.

Please note: only the French text of our terms and conditions is binding.

May, 2020