General Terms and Conditions

Mr Phichet Watches offers the purchase and sale of watches, as well as commissioned sales. In addition, we offer other services and accessories for watches.

§ 1 Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Mr Phichet Watches (hereinafter referred to as “Mr Phichet Watches,” “us,” or “we”) and the customer (hereinafter referred to as “customer,” “buyer,” or “you”) for products (hereinafter referred to as “products” or “goods”) purchased via our website www.mrphichetwatches.com (hereinafter referred to as “online store” or “website”).

The Online Shop is operated by:

Mr Phichet Watches

Jurastrasse 15

2502 Biel/Bienne

Switzerland

Phone number: +41 76 455 43 97

Email: contact@mrphichetwatches.com

All watches are visible in our store in Biel/Bienne.

Individual agreements concluded with the customer take precedence over these GTC. Conflicting terms and conditions of the customer are not recognized.

Mr Phichet Watches reserves the right to amend these GTC at any time. All amendments become effective upon publication of the new GTC on the website. When purchasing a product, the relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our Privacy Policy and Cookie Policy, and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

These GTC also apply to all future business relationships unless they are replaced by new GTC.

§ 2 Conclusion of a Purchase Contract

The presentation of the products in the online store does not constitute a legally binding offer but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. Mr Phichet Watches expressly reserves the right to change the products themselves as well as the content, e.g., images, range, prices, and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding on us.

The customer can place a binding order for the products selected via our online store. The customer can place the products selected in the “shopping cart.” This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the [“Pay Now”] button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors, and correct them if necessary before the binding final submission of the order.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and our General Terms and Conditions, which you accepted during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. The purchase contract is only concluded when the ordered products are dispatched. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of online ordering and your documentation.

After you have placed a binding order, Mr Phichet Watches is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by email and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may include, for example, if a product is no longer available, if we are unable to obtain authorization for the customer’s payment, or if there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activity, or for any other important reason.

A binding purchase contract with the customer is created when the order is accepted by shipping the goods.

§ 3 Availability and Reservation of Performance for Non-Deliverable Products

All information on the availability, dispatch, and delivery of a product is provisional information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipment or delivery is expressly excluded.

Our products are available as long as our stocks last. If Mr Phichet Watches discovers during the processing of your order that the products you have ordered are not available, we will inform you immediately. In this case, a contract for the unavailable products will not be concluded, as the ordered products cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.

§ 4 Prices and Shipping Costs

Our products and prices correspond to those stated on the website. All prices are quoted in Swiss Francs (CHF) and are provided excluding tax. Residents of Switzerland see prices including 8.1% VAT.

Switzerland is not part of the European Community. In case of shipping outside Switzerland, VAT, duties, and all customs fees are not included and are to be paid by the customer. These costs must be borne by the buyer and are not included in the price. Mr Phichet Watches is not responsible for the payment of such additional costs.

Shipping costs are as follows:

• Swiss Post: 30 CHF

• DHL: 100 CHF

We ship throughout Switzerland and worldwide with the international carrier TNT FedEx Group. We guarantee fast and safe delivery. All our shipments are 100% insured.

By placing a binding order, you declare that you agree to the total price for the products ordered, including shipping costs. After the binding order, the price can no longer be adjusted.

Mr Phichet Watches reserves the right to change prices at any time. Products will be charged on the basis of the prices quoted at the time the binding order is placed.

§ 5 Terms of Payment / Credit Check

Orders are generally due for payment immediately.

The customer has the option of paying using the means of payment displayed on the website or during the ordering process. These may change from time to time and from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those corresponding to the respective credit rating). Mr Phichet Watches is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By selecting the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes Mr Phichet Watches to collect payments by the appropriate means. In the event of chargebacks, Mr Phichet Watches is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Mr Phichet Watches is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, Mr Phichet Watches reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.

In the case of payment by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by email. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, Mr Phichet Watches is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.

Mr Phichet Watches remains the owner of the delivered products until they have been paid in full.

§ 6 Terms of Delivery

Deliveries are made via Swiss Post (30 CHF) or DHL (100 CHF), according to the customer’s choice during the ordering process. We ship throughout Switzerland and worldwide with the international carrier TNT FedEx Group. We guarantee fast and safe delivery. All our shipments are 100% insured.

The products that you order in our online store and that are in stock will be delivered to you within 2-8 working days after receipt of full payment, depending on the destination.

If the products are marked as out of stock when the order is placed, Mr Phichet Watches will endeavor to deliver the products as soon as possible. Mr Phichet Watches will make every effort to meet the stated delivery times. However, Mr Phichet Watches is not responsible for delays in delivery, regardless of the cause. We will inform you immediately of any delays in delivery.

If the delay in delivery lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded. Should the delivery of the product fail through the fault of the customer despite three delivery attempts, Mr Phichet Watches may withdraw from the contract. Any payments made will be refunded immediately.

§ 7 Transfer of Benefit and Risk

The performance of Mr Phichet Watches is a debt of fate and is fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. Mr Phichet Watches shall not be liable for any fault on the part of the transportation company used. The assumption of transportation costs by Mr Phichet Watches has no influence on the transfer of risk.

§ 8 Right of Withdrawal and Return

There is a possibility to return the item back after 2 weeks with agreement from the seller. The condition of the returned watch should be the same as when it was delivered. The right of return must be exercised within 14 days of receipt of the products. You can withdraw from the contract within this period by returning the goods to us or by informing us of your decision to withdraw from the contract in text form (e.g., a letter sent by post or email). The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of withdrawal are handed over to the post office or another transport company for return or dispatch on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, intact, and in the original packaging. The goods must be returned to the following address:

Mr Phichet Watches

Jurastrasse 15

2502 Biel/Bienne

Switzerland

If you withdraw from the contract and return the goods in the proper manner, we will refund the purchase price paid by you immediately and no later than 14 days from the day on which we receive notification of your withdrawal from this contract and proof of dispatch or receipt of the goods. The refund will depend on the payment method originally used and will always be made to the corresponding account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as Mr Phichet Watches accepts no liability in this regard.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal does not apply to contracts for the delivery of products that have been individually manufactured according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products).

§ 9 Warranty, Obligation to Inspect and Give Notice of Defects

Upon receipt of the products, the customer must check them immediately for correctness, completeness, and any damage. Defects or damage must be reported to Mr Phichet Watches within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods shall be deemed approved, and you shall no longer be entitled to assert any claims against us.

The defective goods must only be returned after this notification. The transportation costs incurred for any return shipment shall be borne by Mr Phichet Watches. Goods returned by the customer shall become the property of the seller again if the warranty is provided by means of a replacement delivery or rescission.

Mr Phichet Watches provides warranty by remedying defects. This is done at the discretion of Mr Phichet Watches by repair or replacement. If neither a repair nor a replacement delivery is possible, the warranty shall consist of rescission.

If the rectification fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects.

If goods are delivered with obvious transport damage, the customer must report such defects immediately to the transport company and contact Mr Phichet Watches without delay.

§ 10 Registration for an Account

By registering for a customer account, you can view information about your completed, open, and recently shipped orders, and manage and save your address details. As your details are saved, you do not have to enter them again when you make another purchase.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Mr Phichet Watches guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. Further information on data protection can be found in our Privacy Policy.

Registration is free of charge. Each customer is only authorized to maintain one customer account. We reserve the right to delete multiple applications and to admonish, block, or delete or change the content of registered customers who violate these GTC or individual agreements.

Mr Phichet Watches is not obliged to accept the registration or order of a registered customer.

§ 11 Complaints and Grievances

We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning of this document. We will endeavor to review your inquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have a complaint or grievance, please help us by telling us the exact problem or signs of error and, if necessary, provide a copy of the order documentation or at least the order number, customer number, etc. We aim to respond to you within 5 working days.

§ 12 Liability

Mr Phichet Watches is liable for damages caused by unlawful intent or gross negligence in the event of a breach of its own obligations under these GTC and the contractual relationships based on them. Liability is excluded for slight and medium negligence as well as for indirect and consequential damages. Mr Phichet Watches assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

Subject to the foregoing, the total liability under these GTC is limited to the price of the goods that the customer has ordered from us, irrespective of the reason and to the extent permitted by law.

We accept no liability for damage caused by:

• Improper storage, adjustment, or use of the goods contrary to the contract.

• Use of incompatible spare parts or accessories.

• Failure to maintain and/or improper modification or repair of the goods by the customer or a third party.

• Force majeure, in particular damage caused by the elements, moisture, falling and impact, etc., for which the seller is not responsible, and official orders.

Mr Phichet Watches accepts no liability for the occurrence of an event which is beyond our control and influence.

Should an event beyond our control occur which affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.

§ 13 Technical Errors

Mr Phichet Watches accepts no liability for technical errors that may occur when using the website or the online store, including, but not limited to, typing errors, pricing, availability, and descriptions of products. Mr Phichet Watches reserves the right to correct obvious errors at any time and to cancel any outstanding orders made as a result of such errors. In such a case, the customer will be informed immediately and any payments already made will be refunded.

§ 14 Privacy Policy

Mr Phichet Watches collects and processes customers’ personal data only within the framework of the statutory provisions, in particular in compliance with the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP).

1. Collection and Use of Personal Data

We collect and use customers’ personal data only to the extent necessary to fulfill and process the order and to process inquiries. The data collected on this occasion includes, in particular, name, address, email address, telephone number, and payment information.

2. Use of Cookies and Tracking Technologies

Our website uses cookies and similar technologies to analyze and improve the use of the website. By using our website, you agree to the use of cookies. Further information on the use of cookies and tracking technologies can be found here: Cookie Policy

3. Rights of Data Subjects

Customers have the right to obtain information about the personal data stored by us, as well as the right to rectification, erasure, or restriction of processing of this data. In addition, customers have the right to object to the processing of their data and the right to data portability. Requests in this regard can be sent to the address given in the contact information.

4. Disclosure of Data to Third Parties

Personal data will only be passed on to third parties if this is necessary to fulfill the contractual relationship, if there is a legal obligation, or if the customer has expressly consented.

5. Security

We use technical and organizational security measures to protect the stored personal data against manipulation, loss, destruction, and access by unauthorized persons.

6. Contact for Data Protection Issues

For questions regarding the collection, processing, or use of your personal data, for information, correction, blocking, or deletion of data as well as revocation of consents granted, please contact: contact@mrphichetwatches.com

7. Changes to this Privacy Policy

We reserve the right to amend this privacy policy at any time. Changes will be published on our website and come into force upon publication.

§ 15 Copyright

The information and content published on the website are protected by copyright and are the property of Mr Phichet Watches or the respective copyright holder. Reproduction, editing, distribution, or any other form of utilization requires the prior written consent of the respective copyright holder.

The use of the content is only permitted with the express permission of the rights holder.

§ 16 Severability Clause

Should one of the provisions of these GTC be or become illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

§ 17 Applicable Law and Place of Jurisdiction

These GTC, the contractual relationships based on them, and any disputes shall be governed exclusively by substantive Swiss law.

The place of jurisdiction for natural persons is the registered office of Mr Phichet Watches or the customer’s place of residence. For legal entities, the exclusive place of jurisdiction is the registered office of Mr Phichet Watches.