1.1. These are the Sales Conditions of Omega SA, Jakob-Stämpfli-Strasse 96, 2502 Biel/Bienne, Switzerland (hereinafter “we”, “us”, “our”).
1.2. These Sales Conditions apply to the sale of products and services on this website such as the Extract of the Archive in both, physical and digital form. Please read them before ordering. By ordering on this website, you agree to be bound by these Sales Conditions. Before placing your order you will be asked to confirm acceptance of these Sales Conditions by ticking the corresponding box. If you do not confirm acceptance, you may not place any orders on this website.
1.3. By placing an order on this website, you confirm to be of sufficient legal age and legally capable to enter into a contract.
2. ORDER PROCESS
2.1. Your order on this website constitutes an offer to purchase under these Sales Conditions.
2.2. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
2.3. Product and service descriptions are correct at the date of publication but are subject to availability or change without notice. We cannot be held liable or responsible for errors in photography or typography. Orders are subject to acceptance by us and availability of the ordered products and services.
2.4. Incomplete or inaccurate information provided by you in connection with your order, such as photographs of your watch and serial number, will result in a cancellation of your order without a refund.
2.5. Subject to an analysis of the information you have submitted in connection with your order, we refuse your order without a refund in the following (non-exhaustive) situations:
2.5.1. Wrong watch movement number and/or watch case number;
2.5.2. Incomplete watch movement number and/or watch case number;
2.5.3. Watch movement number doesn’t match with watch case- or reference-number;
2.5.4. The description of the timepiece doesn’t match with our archives;
2.5.5. The pictures of the timepiece don’t match with our archives;
2.5.6. The timepiece has received substantial changes outside our workshops; or
2.5.7. The timepiece is registered as “stolen” or unauthentic in our archives.
2.6. We may choose to refuse and refund your order in the following situations:
2.6.1. when we are missing the archival information necessary to produce an Extract for your watch; or
2.6.2. if the watch is less than ten years old.
2.7. We will confirm acceptance of your offer to purchase by sending you an order confirmation (invoice) by email and this will constitute a binding contract between you and us.
2.8. The contract will relate only to those products and services whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products or services, which may have been part of your order until the dispatch of such products or services has been confirmed in a separate order confirmation.
3. PRICES AND PAYMENT
3.1. The prices on this website are in Swiss Francs (CHF). Should your local currency be different, then the price in your local currency will be converted, depending on your payment choice, either by your credit/debit card issuer or bank or by our payment service provider, at the time of payment based on the prices on this website. The prices include Switzerland’s local VAT (and other levies if applicable) as well as the delivery fees of our free delivery option (as specified on the check-out page and in the order confirmation).
3.2. We may change the prices on this website at any time.
3.3. You can make your payment using the payment options available on this website at the time of your purchase.
3.4. We reserve the right to perform identity and credit checks to prevent fraud.
3.5. If you pay with a credit/debit card, you are subject to validation checks and authorization by the card issuer. We may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit/debit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We may suspend delivery until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.
4.1. We specify the estimated delivery times and the delivery fees of the available delivery options in the checkout process and in the order confirmation.
4.2. If we cannot deliver within the estimated delivery time, we will contact you to inform you and to propose a new date. If we cannot deliver to you within 30 days of our order confirmation and you refuse later delivery, then you may cancel your order against refund.
4.3. We deliver to the delivery address you provided, except to the USA.
5. PASSING OF OWNERSHIP AND RISK
5.1. Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these Sales Conditions.
5.2. Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.
6. NO WARRANTY
An Extract of the Archives does not constitute proof of authenticity of the product referenced therein nor proof of your or any other person’s ownership as to the product referenced therein.
Our liability is excluded and limited to the farthest extent as permitted by law.
8. LAW AND JURISDICTION
8.1. Contracts concluded on this website between you and us shall be governed and interpreted in accordance with the laws of Switzerland, without giving effect to its rules of conflict of laws and regardless of the place of its physical execution or performance. The application of the UN Convention on Contracts of the International Sale of Goods (CISG) is excluded.
8.2. As far as legally permitted, disputes arising out of the conclusion, execution or cancellation of such contracts shall be exclusively decided by the ordinary competent courts of Biel/Bienne, Switzerland, without restricting any right of appeal. Notwithstanding the above, each of the parties shall, however be authorized to seek interim orders and injunctive measures before any competent authority worldwide.
9.1. You may not assign any rights out of your contract with us to any third party without our prior written approval.
9.2. Invalidity of any provision in these Sales Conditions shall not affect the validity of the contract between you and us.
9.3. We may change these Sales Conditions at any time and at our sole discretion.
9.4. If you are using this website, you agree to electronic communication with us.
9.5. We can be contacted as follows: Omega SA, Jakob-Stämpfli-Strasse 96, 2502 Biel/Bienne, Switzerland, or via our contact form.
10. RIGHT AND CANCEL
The right to cancel does not apply to products, which are tailor-made or clearly personalized such as the physical Extract of the Archive. The right to cancel does neither apply to services that have been fully provided nor does it apply to the already executed delivery of digital content such as the digital Extract of the Archive.