CONDITIONS OF SALE BOMBERG E-BOUTIQUE AND CLIENT RELATIONS CENTRE

1. GENERAL

The following terms and conditions and any other related rules that are adopted by Bomberg and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Bomberg products that you (the “Customer” or “you”) may order from Bomberg, Gouttes-d'or 40, 2000 Neuchâtel, Switzerland (“Bomberg” or referred to herein as “us”, “our” or “we”) either (a) by phone via the customer contact center of Bomberg (the “Client Relations Centre”), whose telephone number and e-mail address are indicated on the Website or (b) on the Internet via Bomberg’s Websites, identified by the domain names www.bombergwatches.com (the “Website”).

These Conditions of Sale apply exclusively to sales made through the Client Relations Centre or the Website. Bomberg may modify the Conditions of Sale from time to time, at its sole discretion.

The Conditions of Sale applicable to any order placed through the Client Relations Centre or the Website are those in force at the time that an order is placed on your behalf by a Bomberg ambassador (in the case of an order placed through the Client Relations Centre) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with Bomberg, you indicate your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Bomberg products from the Website or the Client Relations Centre.

Persons wishing to use the Client Relations Centre or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Client Relations Centre will be provided with access to our Privacy Policy as set forth in Acknowledgment of Order.

2. PURCHASING ELIGIBILITY

Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts and (c) have a shipping address in the European countries listed in Clause 12 may order products through the Client Relations Centre or on the Website (please also refer to payment and shipping sections below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.

By placing an order through the Client Relations Centre or on the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Bomberg products or purchase Bomberg products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or Bomberg believes, for legitimate grounds, that an order would violate these Conditions of Sale, Bomberg may refuse such order.

3. PRODUCT AVAILABILITY AND QUANTITY

All orders placed through the Client Relations Centre or on the Website are subject to availability and acceptance by Bomberg.

Bomberg reserves the right to change the assortment of items proposed on the Website or through the Client Relations Centre and may limit from time to time the quantity of Bomberg products that may be ordered by a Customer in a single buying session. Orders may not exceed five (5) products in any buying session on the Website or through the Client Relations Centre.

The Client Relations Centre and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “Purchase” button are available for sale through the Website. You may also call the Client Relations Centre (telephone number indicated on the Website) and a Bomberg ambassador will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT REGISTRATION AND PERSONAL INFORMATION

In order to place an order through the Client Relations Centre or on the Website, you or the Bomberg ambassador (on your behalf) will be required to register and create your online account unless you select the "Guest Checkout" on our Website or via the Client Relations Centre. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

Upon completion of your account registration on the Website or by the Bomberg ambassador, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Bomberg will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.

We may change the information required to place a new order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and Clause 8 of these Conditions of Sale for more details about how we may use your personal information.

Should any of the information you provide to the Client Relations Centre or on the Website change, please login to your account and update such information directly on the Website, inform the Client Relations Centre (telephone number and e-mail address indicated on the Website) or notify Bomberg as set out in our Privacy Policy. Moreover, in the event that Bomberg reasonably suspects that a third party has breached a Customer’s registration, password and/or account login, Bomberg shall immediately cancel and terminate such account, and notify you by e-mail or telephone.

5. ORDERS

If you are willing to order on the Website, your offer to place an order will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected in the Shopping Bag.

When ordering by telephone through the Client Relations Centre (telephone number indicated on the Website), a Bomberg ambassador will follow the offer and order process on your behalf.

When ordering through the Client Relations Centre or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Bomberg is true and correct. Bomberg or its third-party providers may collect additional information at this time for security and anti-fraud purposes. Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information.

6. PRICES, TAX AND SHIPPING COSTS

All Prices shown on the product pages of the Website or quoted by the Client Relations Centre include shipping but exclude VAT costs and other taxes unless otherwise stated. Please note that VAT will vary based on the location to which products are being shipped. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address.

Bomberg reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Centre, as indicated at the time Bomberg provides you with a Confirmation of Order, will be honored by Bomberg.

Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options.

Shipping costs and VAT will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Client Relations Centre (in the case of a telephone order), and will also appear on your Acknowledgment of Order and invoice (if you choose to receive an invoice). Shipping costs, if any, are described in the shipping policy set forth below. Please note that VAT will vary based on the location to which products are being shipped.

The actual VAT associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order (as defined in Clause 10). Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. CUSTOMER'S REVIEW AND CONFIRMATION

You should carefully check all details before placing your order through the Client Relations Centre or on the Website, including without limitation the particulars of each sale, which will be provided by the Bomberg ambassador (in the case of an order being placed through the Client Relations Centre) or the Website (in the case of an order being placed through the Website).

When you have completely reviewed your order, first check the box next to “I have read and accept the conditions of sale” and then, click on the “Continue to Pay” or similar button on the Website to place your order.

By placing an order, you are submitting an offer to Bomberg to buy the products you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, Bomberg reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, Bomberg may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if Bomberg suspects that you have violated these Conditions of Sale.

8. PAYMENT

How do I pay?

You can pay by credit card (Visa, MasterCard, American Express, Maestro) and PayPal.

When will the amount owed be charged to my account?

The amount owed will be charged to your account when you receive the email confirming delivery of the order. Therefore, the amount will be charged to your account at the time of actually shipping the goods, which may even take place a couple of days after the order confirmation.

Are on-line purchases safe?

Bomberg website uses special systems to control and check all the transactions that take place on the website, including Secure Sockets Layer (SSL) to allow for cryptographing all potentially sensitive data.

My payment has not been accepted, why not?

There may be various reasons why your payment has not been accepted: check the credit card you entered at the time of placing the order, such as expiry date, card type and number. If the problem still persists please contact our Customer Service.

What is a CVV/CVC code?

The CCV (Credit Card Verification code) is a 3 or 4 number code on the back of your credit card which is necessary for increasing the security of the transaction.

Security

Bomberg takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Bomberg uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.

Although we will do our best to protect your personal Information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking. For more information about how we use and protect your information please view our Privacy Policy.

In order to secure your transaction and prevent fraud, Bomberg will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Bomberg to perform such checks and, where Bomberg deems necessary, from time to time to transmit or obtain information that you have provided to Bomberg about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

9. ACKNOWLEDGMENT OF ORDER

Once you have placed your order on the Website or through the Client Relations Centre, you will receive by e-mail an Acknowledgment of Order acknowledging the details of your order along with these Conditions of Sale. This Acknowledgment of Order will contain an Order Reference Number assigned by Bomberg. Please carefully review the Conditions of Sale upon receipt and make sure that you save the Order Reference Number for any future enquiries regarding your order.

This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Bomberg will conduct its usual security checks and then process your order.

10. CONFIRMATION OF ORDER

Upon shipment of the product you have ordered, following completion by Bomberg of security checks, Bomberg will send you by e-mail a written Confirmation of Order.

The Confirmation of Order constitutes the acceptance of your order by Bomberg and indicates the existence of a binding sales contract.

11. SHIPPING POLICY

The delivery costs and the estimated delivery lead time will be mentioned on the Website or by the Client Relations Centre before you place your order and summarized in the Acknowledgment of Order. Please refer to the Website or call our Client Relations Centre for more information.

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail.

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Confirmation of Order.

Bomberg ensures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm the delivery of each Bomberg product, at which point responsibility for your purchased goods passes to you.

12. INVOICES

When ordering products on the Website or through the Client Relations Centre, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Client Relations Centre (telephone number indicated on the Website), subject to providing proper identification to the Client Relations Centre.

Please note that Bomberg will not send the invoice and payment details to the Gift Recipient.

13. CUSTOMERS’ RIGHT OF WITHDRAWAL

If you are a Customer based in the EU or the EEA, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you can contact our Client Relations Centre (telephone number and email address indicated on our Website) to obtain a Return Number (RN), which we will confirm in writing. Alternatively, you must inform us (Bomberg, A Division of Park Lane SA, Gouttes-d'or 40, 2000 Neuchâtel, Switzerland ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form at the end of these Conditions of Sale, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Bomberg), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

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

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods, provided that you follow the return process specified below otherwise you will have to bear the return costs.

The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, Bomberg will deduct the cost of refurbishment or replacement from the refund.

14. GIFT RECIPIENTS' RETURN PERIOD

In order to ensure your entire satisfaction Bomberg also offers the Gift Recipient the same return period, provided that they strictly comply with these Conditions of Sale.

If the product returned by a Gift Recipient does not meet our Quality Control standards or if the Gift Recipient is otherwise in violation of these Conditions of Sale, Bomberg will refuse the return and send back the product to the Gift Recipient.

Should a product be returned to the Bomberg e-boutique, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund, but she or he may benefit from an exchange as indicated below.

15. RETURN PROCESS

15.1. Return process

Products that have been purchased on the Website or through the Client Relations Centre may be returned to the following address: Bomberg, A Division of Park Lane SA, Gouttes-d'or 40, 2000 Neuchâtel, Switzerland 

Products that have not been purchased on the Website or through the Client Relations Centre may NOT be returned to the Bomberg e-boutique.

To make the return process easier for you, please follow the steps mentioned below.

First, please contact the Client Relations Centre (telephone number and email address indicated on our Website) to inform us of your decision to withdraw and obtain a Return Number (RN) (the communication costs will not be surcharged by us).

Thereafter, please:

1. i) Fill out the required information, with the Return Number (RN) if applicable, on the return form provided in the original box or packaging and sign it,
2. ii) Include the completed return form with the product, all its accessories, the Product Manual and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,

iii) Seal the delivery package and affix the pre-paid delivery label to it,

1. iv) Call back the Client Relations Centre to arrange pick-up with our partners indicate partners
2. v) The package is picked our partners, and returned to our warehouse.

Alternatively, you may call the Client Relations Centre to take care of these formalities. Thereafter:

1. i) The Client Relations Centre will fill the partner online return request form on your behalf,
2. ii) The Client Relations Centre will send you without delay the completed return form to your email address,

iii) You will have to print the return form and give it to partner at the time of pick-up. If you have no printer, the partner hub will print the return form and bring it to you at the time of pick-up,

1. iv) You will include the completed partner return form with the product, all its accessories, the Product Manual and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
2. v) TNT will pick-up the package and return it to our warehouse.

The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Bomberg accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Bomberg e-boutique will be eligible for a refund or exchange, as applicable.

Upon receiving a return, Bomberg will verify that the returned product complies with these Conditions of Sale.

15.2. Conditions for returning a product

Bomberg products must be returned in a new and unused state.

Personalized Bomberg products cannot be returned to Bomberg for exchange or refund.

Please also return the original Bomberg box and delivery package, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle Bomberg to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned by the Gift Recipient.

All returns will be subject to strict Quality Control (QC) by Bomberg to ensure that the returned products satisfy these requirements.

If the returned product satisfies Quality Control (QC), Bomberg will proceed with the refund or exchange, as applicable.

15.3. Customers’ and Gift Recipients’ exchanges

Customers and Gift Recipients may exchange a product purchased on the Website or through the Client Relations Centre for another Bomberg product if the product to be exchanged complies with these Conditions of Sale.

Should a product be returned for exchange to the Bomberg e-boutique by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference when the product to be returned is more expensive than the desired Bomberg product. If the returned product is less expensive than the desired product, the Customer or Gift Recipient, as applicable, will be charged the difference in price.

In both cases, Bomberg will send an e-mail to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive.