Preamble
The watches offered here by Vallier & Cie are strictly limited, individually numbered collector timepieces. Each watch is configured and manufactured according to the buyer's individual specifications — by allocation of a registered, named movement and edition number, an authenticity and provenance certificate issued in the buyer's name, and, on request, by personal engraving or dedication. The following conditions take account of the nature of the watches as collector's and one-of-a-kind objects.
This English version is a non-binding courtesy translation of the German original. Only the German version is legally binding.
§ 1 Scope and contracting parties
(1) These General Terms and Conditions ("GTC") apply to all contracts for the supply of watches of the aforementioned collector edition between Tactical Management Switzerland GmbH ("supplier") and the buyer ("customer").
(2) The GTC apply both to consumers and to entrepreneurs. Where provisions apply exclusively to one of the two groups, this is indicated.
(3) Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless the supplier expressly consents to their validity in writing.
§ 2 Subject of the contract — Individually configured collector watch
(1) The subject of the contract is the watches as designated in the online shop, on the order form, or in the individual purchase contract.
(2) Each watch is part of a limited edition and bears an individual movement and edition number. This number is registered to the named buyer and recorded on a personal authenticity and provenance certificate.
(3) The collector watches are configured and manufactured individually to customer specification. The individual specification covers, as a minimum, the allocation of the movement and edition number and the certificate issued in the buyer's name; on request, additionally case, dial, hands or strap variants and personal engraving or dedication. The individual allocation of movement number, buyer name and certificate alone constitutes a personalised manufacture within the meaning of § 312g (2) no. 1 of the German Civil Code (BGB).
(4) Minor deviations in material, colour, surface treatment or packaging compared with product images are reserved and do not constitute a defect, provided that they are reasonable for the customer and do not contradict the collector character of the edition. Natural characteristics of precious metals, leather straps, enamel and lacquer dials are not a defect.
§ 3 Conclusion of contract
(1) The presentation of products in the online shop, in catalogues or in other sales materials is not a binding offer but an invitation to the customer to submit an offer.
(2) By submitting the order, the customer makes a binding offer to conclude a contract of sale. The supplier confirms receipt of the order promptly by e-mail. This confirmation of receipt does not yet constitute acceptance of the offer.
(3) The contract is concluded with the express order confirmation of the supplier, but at the latest upon dispatch or handover of the watch.
(4) The supplier reserves the right to reject orders without giving reasons, in particular where there are reasonable doubts as to the identity or ability to pay of the customer, suspicion of money laundering, or substantiated indications of speculative immediate resale ("flipping").
§ 4 Authenticity and provenance proof
(1) With each watch the supplier delivers a numbered authenticity and provenance certificate as well as the works book ("Heritage Booklet"). Both documents are permanently linked to the buyer and the movement number.
(2) The certificate documents: manufacturer, model, movement and edition number, materials, precious-metal hallmarks, any stones used, date of final assembly, final inspection, and delivery to the named buyer.
(3) Upon resale, the supplier recommends the transfer of the certificate. The supplier will, on request and against a processing fee, perform a rewriting of the provenance register; no entitlement to this exists.
(4) To fulfil statutory identification and due-diligence duties, in particular under the German Money Laundering Act (GwG), the supplier is entitled to demand from buyers the presentation of an official photo ID as well as further identification data.
§ 5 Prices and payment
(1) The prices stated in the ordering process or in the individual purchase contract apply. All prices are quoted in euros and include statutory value-added tax, unless expressly stated otherwise.
(2) Shipping, packaging, insurance, and any customs and import duties for deliveries outside the EU are shown separately and are borne by the customer.
(3) Payment is made in advance by bank transfer or via the payment services offered in the ordering process. For purchase prices from EUR 10,000, payment is permitted exclusively by SEPA transfer from an account in the buyer's name. Delivery takes place after full receipt of payment.
(4) If a commercial customer falls into default of payment, they shall owe default interest at nine percentage points above the base rate (§ 288 (2) BGB) as well as the lump sum pursuant to § 288 (5) BGB. With regard to consumers, the statutory provisions apply.
§ 6 Delivery, shipping and transport insurance
(1) Delivery takes place EU-wide to the delivery address provided by the customer. Deliveries to third countries require a separate agreement; customs and import duties are borne by the customer.
(2) Shipping takes place exclusively as insured high-value shipment with personal handover against signature of a recipient required to present photo ID. Handover to neighbours, parcel boxes or parcel shops is excluded.
(3) On request and against separate agreement, handover by courier or as a personal delivery at the supplier's premises or at an agreed location is available.
(4) Delivery times, unless expressly agreed as binding, are non-binding indicative values. For individually configured watches, the manufacturing and delivery time may be extended; the customer will be informed accordingly.
(5) The risk of accidental loss and accidental deterioration of the watch passes to a consumer upon handover of the watch to the customer, and to an entrepreneur upon handover to the forwarder, carrier or other person designated to carry out the shipment.
(6) Visible transport or packaging damage must be reported promptly to the delivery service and the supplier; hidden damage must be reported in writing within seven days of handover.
§ 7 Retention of title
(1) The watch remains the property of the supplier until full payment of the purchase price.
(2) Towards entrepreneurs, the supplier retains title until the settlement of all receivables arising from the ongoing business relationship. The commercial customer is obliged to handle the watch with care, insure it adequately, and to notify the supplier of any third-party access without delay.
§ 8 Exclusion of the right of withdrawal — Individually manufactured collector watch
(1) No statutory right of withdrawal exists. The collector watches offered here are not pre-fabricated goods; their manufacture is determined by an individual choice or specification by the customer, or they are clearly tailored to the personal needs of the customer (§ 312g (2) no. 1 BGB).
(2) Personalisation is effected through the individual movement and edition number, the authenticity and provenance certificate issued in the buyer's name, the customer-specific configuration, and — where chosen — by personal engraving or dedication. By placing the order, the customer makes this personal allocation binding; from this point onwards the watch is allocated to the buyer and irretrievably withdrawn from the edition.
(3) The customer is expressly informed that by submitting the order they commission the start of individual manufacture and that no right of withdrawal exists pursuant to § 312g (2) no. 1 BGB.
(4) Towards entrepreneurs, no right of withdrawal exists in any event.
§ 9 Exclusion of exchange and return
(1) Voluntary exchange or voluntary return of the watch is excluded. Collector watches are neither exchanged for other models, configurations or edition numbers nor taken back against refund of the purchase price.
(2) This exclusion also covers cases of a changed taste preference, changed collecting objectives, changed investment expectations, or a changed assessment of value by the customer.
(3) Statutory warranty rights (§ 10 of these GTC) and claims under the factory warranty (§ 11) remain unaffected.
§ 10 Warranty rights
(1) The supplier shall be liable for defects in the watch in accordance with the statutory provisions.
(2) For consumers, the limitation period for warranty claims is two years from handover.
(3) For entrepreneurs, the limitation period is one year from handover. Entrepreneurs are required to examine the delivered watch promptly upon receipt and to notify any defects without delay (§ 377 of the German Commercial Code, HGB); otherwise the watch shall be deemed approved.
(4) Characteristics typical of collector watches and inherent to materials — in particular natural structures of precious metals, leather straps, enamel or lacquer dials, patination, minor tool marks from manual finishing — do not constitute a defect.
(5) Warranty claims do not exist in the case of normal wear, damage resulting from improper handling, omitted servicing, interventions by third parties, or damage from impact, drop, pressure, magnetic fields or chemical influence.
§ 11 Factory warranty, technical tolerances and servicing obligation
(1) Beyond the statutory warranty rights, the supplier grants a factory warranty of 60 months from handover on the mechanical movement. The factory warranty is limited to material and works defects and is transferable upon documented rewriting of the provenance.
(2) Excluded from the factory warranty are: normal wear; wear parts (in particular straps, leather components, gaskets, crown, crystal, luminous material); damage from improper handling, impact, drop, magnetic fields, water or chemical exposure; damage from omitted servicing; interventions by unauthorised third parties.
(3) Accuracy. Mechanical watches are subject to wear- and position-related rate variation. Unless an explicitly chronometer-certified version (COSC or equivalent) is indicated, a daily deviation of up to ±20 seconds per 24 hours, averaged across several positions, is considered technically unobjectionable and not a defect.
(4) Water resistance. Specifications for water resistance in bar or metres refer to the factory test pressure under laboratory conditions, not to actual diving depth in use. Water resistance is not a permanently guaranteed property and must be checked regularly — recommended once per year. Damage from water ingress after expiry of the test intervals, after crown or pusher operation under water, or after impact does not fall under either warranty rights or the factory warranty.
(5) Servicing obligation. Mechanical watches require professional overhaul at intervals of typically 5 years. Servicing and repair work may be carried out exclusively by the supplier or by watchmakers authorised by the supplier. Interventions by third parties result in the immediate lapse of the factory warranty and in the loss of the provenance register entry.
§ 12 Liability
(1) The supplier is liable without limitation for intent and gross negligence, as well as under the provisions of the German Product Liability Act.
(2) For slight negligence the supplier is liable only in the event of breach of material contractual obligations (cardinal duties), whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases liability is limited in amount to damages typically foreseeable for the contract.
(3) Liability for damage arising from injury to life, body or health remains unaffected.
(4) Any further liability is excluded. In particular, the supplier is not liable for value fluctuations on the secondary market, lost investment gains, or a changed collector demand.
§ 13 Specifics for business with entrepreneurs
(1) Withdrawal, exchange and return are entirely excluded towards entrepreneurs.
(2) Resale as "new" or "unworn" by commercial customers requires that the provenance register is rewritten to the end purchaser prior to resale; otherwise the factory warranty lapses.
(3) Set-off and rights of retention are available to the commercial customer only insofar as their counterclaims are undisputed or have been finally adjudicated.
§ 14 Data protection
The customer's personal data — including data collected to fulfil identification and due-diligence duties under money-laundering law — is collected and processed exclusively within the framework of statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the supplier's privacy policy at https://vallierandcie.com/en/privacy.
§ 15 Dispute resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr.
(2) The supplier is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 16 Final provisions
(1) These GTC are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) The exclusive place of jurisdiction for all disputes arising from this contractual relationship with commercial customers is Geneva. The supplier is also entitled to sue at the general place of jurisdiction of the customer.
(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provision.
(4) Amendments and supplements to these GTC require text form.