Conditions

rappwatches Switzerland

An online shop of Peter Rapp AG, Toggenburgerstrasse 139, CH-9500 Wil, Switzerland, for high-quality pre-owned products and collectibles (products that come second-hand or are suitable for collecting), especially in the watch and accessories sectors.

1. SCOPE

Peter Rapp AG, Toggenburgerstrasse 139, CH-9500 Wil, Switzerland operates an online shop under "rappwatches switzerland" for high-quality pre-owned products and collectibles (products that come second-hand or are suitable for collecting), especially in the areas of watches and Accessories for private and commercial buyers.

For the business relationship between Peter Rapp AG (hereinafter "Seller") and the customer (hereinafter "Customer") for transactions that take place via the online shop "rappwatches switzerland" at www.rappwatches.ch or www.rappwatches.com or via other sales channels at "rappwatches switzerland" (hereinafter "rappwatches switzerland" or "online shop"), the following General Terms and Conditions apply in the version valid at the time of the respective order (hereinafter "GTC").
Different terms of contract, including those which the customer declares to be applicable together with the acceptance of the contract, are only valid if and to the extent that they have been expressly accepted by the seller in writing.

The seller reserves the right to change these terms and conditions at any time.

2. CONCLUSION OF CONTRACT

The online shop is merely an invitation to the customer to submit offers to conclude a purchase contract for the goods presented.

A binding order is only triggered when the customer has entered all the data required for the execution of the contract, has acknowledged these General Terms and Conditions and has clicked on the order. Submitting the order is considered an offer by the customer to the seller to conclude a contract.

After placing the order, the customer receives an automatic order confirmation by e-mail, which again reflects the content of the customer's order. This automatic order confirmation does not constitute acceptance of the offer, but merely documents that the order has been received by the seller.

The seller reserves the right to accept the order; The seller is not obliged to conclude a contract based on an order. In particular, an order can be canceled or rejected if there is a violation of these General Terms and Conditions. Such a case occurs, for example, when a customer has not paid for an earlier order or when there was insufficient credit card coverage for an earlier order. It is also possible to cancel the order and reject future orders if the customer's return rate is noticeably high. The customer will be informed of cancellations and rejections by e-mail.

The contract is only concluded when the seller declares acceptance. The seller is entitled, but not obliged, to accept the customer's order within 7 days of receipt. Acceptance is declared by the seller sending the customer an invoice.

The above also applies if the customer has already paid the purchase price prior to the conclusion of the contract due to the selected payment method or has instructed payment. If the contract does not materialize in this case for any reason, the seller will notify the customer after examining the order and refund the advance payment. If the contract is concluded for at least part of the goods ordered, the customer will be informed of this with the declaration of acceptance, ie the e-mail with the invoice. In this constellation, the refund is made to the extent of the goods that cannot be delivered.

If the order includes several items, the contract is only concluded for those items that are expressly listed in the e-mail with the invoice and order confirmation.

3. PRICES, SHIPPING AND DELIVERY

All prices stated in the online shop include the applicable statutory Swiss value-added tax. Products or collectibles for which margin taxation may be applied are marked as such; in this case the Swiss value added tax will not be shown openly.

All deliveries within Switzerland and to European countries are free of charge. A flat rate is charged for shipments overseas. The preparation of the customs papers is included in the shipping costs. All customs duties and import taxes must be paid by the buyer.

The seller reserves the right to change the prices for the items offered at any time. The respective price at the time of the order applies.

Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. More detailed information on the shipping options, the transport companies used and the delivery process can be found on the information pages of the online shop.

After receiving the e-mail with the invoice, the customer is obliged to accept the goods. Change requests and cancellation orders can no longer be considered or are only considered at the discretion of the seller and on a voluntary basis. The right of return below remains reserved.

4. PRESENTATION OF THE GOODS, DELIVERY TIME, AVAILABILITY

Images of goods in advertising, brochures, in the online shop etc. as well as information on the individual goods are for information only and are non-binding. The seller endeavors to provide customers with the best possible information about the range and services. Some of the information is provided directly by manufacturers and suppliers. However, the seller assumes no liability for the correctness, topicality and completeness of the information.

The seller reserves the right to change the goods specified in the online shop at any time and without prior notice and to limit the number of goods that a customer can buy.

All information in the online shop regarding the availability and delivery time of goods is subject to change.

If the seller is unable to meet a delivery deadline for reasons for which he is not responsible (non-availability of the goods, e.g. due to force majeure), the seller will inform the customer immediately, stating the new expected delivery time if necessary delivery time. If the new delivery period is not acceptable to the customer or the goods are partly or not available at all within the new delivery period, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, the seller will reimburse the customer immediately for any consideration already provided by the customer with regard to the unavailable goods.

The delivery takes place under the condition of the timely and proper self-delivery by the suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters, epidemics, or if the manufacturer or sub-suppliers stop delivery, there will be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturers or third parties.

The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially when several customers order the same goods at the same time. The seller is not liable for lack of stock or unavailability of goods.

If not all ordered goods are in stock, the seller is entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that the goods cannot be delivered either partially or in whole for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.

5. RETURN POLICY

The seller grants its customers a voluntary right of return of 4 days for items up to a sales price of CHF 3,499. The beginning of the period is the day on which the customer receives the order. The requirements for the right of return are as follows: The products may only have been worn to try them on, identical to trying them on in a shop. All products must be returned complete and undamaged. Labels, original boxes, dust bags, etc. and, if necessary, protective films are included in the scope of delivery and must also be returned. Returns are at the expense and risk of the customer and must be sent by registered mail. The post office issues a receipt that includes a tracking number in the event of a package loss. As soon as we have received the goods back, we will refund the amount in the same form as it was paid.

The refund is the sole performance of the seller upon return. An exchange of the goods is excluded. The refund will only be made after the returned goods have been received by the seller and have undergone a quality check. During the quality check, the seller decides at his own discretion whether the goods are still in new condition or whether they have lost value and should be deducted from the refund accordingly.

Please note: Articles with a sales price of CHF 3,500 or more are expressly excluded from the voluntary right of return. In this case, we recommend that you inspect the product in detail at Haus Rapp by making an appointment in advance.

6. RESERVATION OF OWNERSHIP / ASSIGNMENT / IMAGE RIGHTS

Until the respective invoice amount of a delivery has been paid in full (final and unconditional credit of the total purchase price), the seller retains ownership of the delivered goods in any case. For customers based in Switzerland, the seller is entitled to make a corresponding entry in the retention of title register.

The seller reserves the right to assign or pledge to third parties the purchase price claims against the customer that have arisen in connection with the delivery of goods, including any due partial payment installments, interest on arrears and reminder fees.

The customer agrees that the rights to the photos, scans and videos of the goods sold remain with the seller and are also freely available to him after the sale.

7. PAYMENT TERMS

Payments must be made in Swiss francs.

The customer can use the payment options offered in the online shop under "Payment options". Please note: For items with a selling price of CHF 3500 or more, we only accept bank transfer.

When paying by credit card, the payment is subject to validation checks and approvals by the card issuer. The seller is entitled to exchange the customer's personal data, which is necessary for these checks, with third parties. If the card issuer refuses to authorize payment to the seller, we will not be responsible for any delay or non-delivery. If the payment still cannot be made 30 days after receipt of the order, the seller is entitled to cancel the order.

If the customer does not meet his payment obligations in whole or in part, all outstanding amounts that the customer owes the seller under any title are due immediately (in the case of advance payment within 7 calendar days of the 1st reminder) and the seller can demand them immediately and further deliveries of products to customers.

The customer is also in arrears at the end of the payment period set for him without further reminder and has to pay default interest of 5% pa. The seller is also entitled to charge a reminder fee of up to CHF 10.00 per payment reminder as well as other fees, in particular the costs for any collection procedures. The customer agrees that the seller can forward the customer data to an external debt collection agency to collect any outstanding claims.

The seller reserves the right to assign or pledge to third parties the purchase price claims against the customer that have arisen in connection with the delivery of goods, including any due partial payment installments, interest on arrears and reminder fees.

The customer agrees that the rights to the photos, scans and videos of the goods sold remain with the seller and are also freely available to him after the sale.

8. TRANSFER OF BENEFIT AND RISK

The performance of the seller is an obligation to send and is fulfilled when the goods are handed over to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. The seller is not responsible for the fault of the transport company used.

If the seller agrees to take over the transport costs in individual cases, this has no influence on the transfer of risk.

9. INSPECTION AND NOTIFICATION GUARANTEE

Customary or technically unavoidable, material-related deviations in the quality, colour, size, equipment or design of the goods do not constitute defects. The customer is aware that second-hand goods are generally not new and that there are corresponding signs of use and wear and tear (e.g. scratches, stains , no water resistance) and missing parts. Information about the condition of the goods is usually documented and disclosed in the description. However, missing information does not mean that the goods are in perfect condition, that there are no signs of wear and tear or that they are free of defects. In this respect, these signs of use, wear and tear or missing parts do not constitute defects.

The customer is obliged to check the delivered goods as soon as it is possible in the normal course of business and to inform the seller immediately of any defects that are identified. If the customer fails to do so, the goods are deemed to have been approved. Approval is deemed to have been granted in any case if the customer does not raise a complaint (by e-mail) within 8 days of delivery.

Defects that could not be detected during a proper inspection in accordance with the paragraph above must be reported to the seller immediately after they are discovered, otherwise the ordered goods are also deemed to have been approved with regard to these defects.

Before returning the goods, the customer must contact the seller. This notification can be made at the same time as the notice of defects. The seller will inform the customer how to proceed. The defective goods may only be returned after this notification. The transport costs incurred for any return are at the expense of the seller. Goods returned by customers become the property of the seller again if the warranty is provided by means of a replacement delivery.

The seller provides a guarantee by remedying defects. This is done at the discretion of the seller either through supplementary performance, namely elimination of a defect (repair) or delivery of a defect-free item (replacement delivery, with the exception of second-hand goods). If neither supplementary performance nor a replacement delivery is possible, the performance of the warranty consists in the rescission. When selling second-hand goods, the seller provides a guarantee by remedying defects, but only subsequent performance (repair) is available. If subsequent performance is not possible, the performance of the guarantee consists in the rescission.

If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR) etc.

Seller shall not be under any warranty obligation if, without Seller's prior consent, Customer or a third party fails to follow the operating instructions for the Goods, makes modifications, substitutes parts, or uses consumables that do not conform to the original specifications. The same applies to defects that are due to improper use, storage and handling of the goods, third-party intervention and the opening of goods. A warranty for normal wear and tear, for consumables, for accessories and for the batteries/rechargeable batteries provided is excluded.

The customer does not receive any guarantees in the legal sense. Any manufacturer guarantees remain unaffected. However, the seller guarantees the originality or authenticity of the goods offered (e.g. brands) when selling.

10. DAMAGES IN TRANSIT

If goods are delivered with obvious transport damage, the customer must report such errors immediately to the transport company and contact the seller immediately. The omission of a complaint or contact has no consequences for the legal claims and their enforcement, in particular the warranty rights (but see the obligation to report defects in good time). However, the customer helps the seller to assert their own claims against the carrier or transport insurance.

11. LIABILITY

The liability of the seller for slight negligence is excluded. Liability for auxiliary persons is completely excluded.

In particular, the seller is not liable for damage that can be traced back to one of the following causes: (i) improper, non-contractual or illegal storage, adjustment or use of the goods, (ii) use of incompatible spare parts or accessories, (iii) neglected maintenance and/ or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which the seller is not responsible, and official orders.

12. PRIVACY

The seller only saves the data that is necessary for customer service. No personal data is passed on to third parties without the knowledge of the customer. Excluded from this are the data that must be transmitted to execute the orders, to process and control payments, to check creditworthiness and for statistical evaluation.

In order to complete the order, the customer is asked to provide personal data. This includes information about gender and email address. In addition, the customer must provide his address so that the order can be processed. Providing further personal data is voluntary. The seller uses this for data processing and marketing purposes, e.g. for sending newsletters.

The collection and processing of personal data about the customer by the seller is explained in the data protection declaration. This forms an integral part of these GTC. The privacy policy is available under Privacy Policy.

13. GOVERNING LAW AND JURISDICTION

Swiss law applies exclusively. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted to him by the mandatory consumer protection regulations of the state in which he has his habitual residence. The application of the UN sales law is excluded. The relevant court in Wil is responsible for disputes arising from or in connection with these General Terms and Conditions. However, the seller reserves the right to sue a debtor at his place of residence if necessary.

(as of January 20, 2023)