WEBSITE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS

This page (together with the documents we refer to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.

By ordering any of our Products, you acknowledge being 18 years old or older and you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.

Zenith sells on its website to final customers only.  Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent order or order deemed as such, will be considered by Zenith to be null and void.  Zenith reserves the right to restrict the quantities of any item delivered to the same purchaser and/or to the same postal address.

We amend these Terms from time to time as set out in clause 6. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time.

1. INFORMATION ABOUT US

We are ZENITH, BRANCH OF LVMH SWISS MANUFACTURES SA, a company registered in the Neuchâtel, Switzerland, Register of Commerce and Companies under the number CHE-433.384.643, with headquarters at Billodes 34, 2400 Le Locle, Switzerland, (“we” or “us”). We operate the website www.zenith-watches.com.

2. THE PRODUCTS

2.1. The description of the Products on our site is approximate only and images of Products are for illustrative purposes only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products) and to display colors accurately, any description is approximate only and we cannot guarantee that the colors displayed on our site accurately reflect the color of the Products.

2.2. The packaging of the Products may also vary from that shown in the images on our site.

2.3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.

2.4. Products comply with Swiss legislation.

3. ORDER - HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us on conciergerie@zenith-watches.com or +800 320 00 032 (free number) as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.

3.2. The on-line sales agreement is concluded when you confirm the order by clicking on the “PLACE ORDER” button (the “Order”).  By placing an Order, you accept these Terms and that Zenith is entitled to collect the full price corresponding to the Order.

3.3. After you place an Order, you will receive an e-mail from us confirming the Order. Another email will inform you of the shipping of the Order (Dispatch Confirmation).

3.4. If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you.

3.5.  Zenith reserves the right to suspend or cancel the processing of an Order and/or delivery of Products regardless of its nature or stage of processing in case of (i) non-payment of any or all of the amount owed by you for the Order concerned or any previous Order, (ii) a payment incident, fraud or attempted fraud relating to the use of Zenith website in relation to the Order concerned or any other previous Order.  You agree that Zenith can use the personal data provided by you in the process of the Order to carry out appropriate anti-fraud investigations.  For the purpose of the fight against Internet fraud, the data relating to your Order may be transferred to any third party authorized by law or appointed by Zenith with the sole purpose of checking your identity and validating the Order, the payment method used and the type of delivery.  After the above verification, Zenith reserves the right to request a photocopy of your ID.  You have the right to access, amend and remove any personal data processed by Zenith under the conditions set out in the Privacy Policy.

4. DELIVERY

4.1.  Zenith delivers to the following countries/regions:

France, Switzerland, Italy, Germany, United Kingdom.

4.2. Shipping and handling costs are automatically calculated and included in the total price of your Order. We normally send all merchandise using a reliable carrier. Depending on the country of delivery, please allow 3 to 14 calendar days for delivery once you have received the Dispatch Confirmation.  Please note that for Orders delivered outside of Switzerland, Zenith will not be liable for an extension of the delivery deadline due to customs inspections which can vary according to the destination and legislation of the country of destination of the Product.

4.3. Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.

4.4. You are invited to check the visible state of the package and Product at the time of delivery.  If there are any irregularities (missing or damaged Product), you should follow the procedure below applicable to the refusal of delivery.

If the package is damaged on arrival, you can inform the courier of the problem and refuse to take delivery.  The courier will keep the package.  You will then be contacted by Zenith Concierge  Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by Zenith Concierge Service, the Order will be cancelled and you shall receive a refund.

5. PRICE OF THE PRODUCTS AND DELIVERY CHARGES

5.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 5.5 for information about price errors on our site.

5.2. Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any Order for Product(s) which we have confirmed to you with a Dispatch Confirmation.

5.3.  The Products might be subject to local customs charges and might be subject to local Value Added Tax depending on your home country. Taxes are automatically calculated and included in the total price of your Order.

5.4. Orders placed outside Switzerland are “Delivery Duty Paid”. All applicable taxes will therefore be paid by you when placing the Order. Zenith’s carrier shall accomplish on your behalf the necessary formalities for the payment of customs charges (if any) and VAT (if any) on your behalf.

5.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.

6. PAYMENT

6.1. Prices on our site are in Swiss Francs, euros or pounds depending on the countries of delivery of the Order.

6.2. You can only pay for Products by wire transfer (in case of a payment by wire transfer, you will receive an email with all details for the transfer). You agree to pay in full the prices for any purchases you make either concurrent with your online order or by other payment means acceptable to us. Payment for the Products is in advance.

6.3. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.

7. RETURN

7.1. We want you to be completely happy with your Order. Subject to certain exceptions detailed below, if for any reason you are not satisfied, we will gladly accept your return within 14 days of receipt of the Product at Zenith expense. To return an item, please follow our return process described below.

7.2. All Products must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and Product packaging, protective materials, and tags in place.

7.3. We will not accept any return if the Product shows signs of wear, other than what is necessary to establish the nature, characteristics and functioning of the Product, or has been used or altered from its original condition in any way, or if the deadline mentioned above and in Section 7.1 has passed.

7.4. Personalized Products are considered as final sale and cannot be returned for exchange or refund.

7.5. Watch bracelets that have been adjusted at your request must have been done so by us should be returned with all the links originally shipped.

7.6. Return shall be made from the country where the Product has been delivered.

7.7. To return a Product (other than from Switzerland), please follow our return process below:

  • You should contact Zenith by calling +800 320 00 032 or request a return from your personal account on the Zenith website, within 14 days of receipt of the Product.
  • Our team will ask you a few questions to make a preliminary assessment of the situation taking into account the conditions of the return described in this Section 7.
  • Subject to such preliminary assessment confirming that the conditions for return appear to be met, our team shall contact our transporter and you shall either be contacted by our transporter or by our team for organization of the shipment.
  • You shall remit the Product to our transporter.
  • You shall receive an email confirming receipt by Zenith of the returned Product.
  • Zenith shall control the state of the Product and, subject to the conditions of section 7.3 being met, shall refund the full price to you.

 

7.8. To return an item from Switzerland please follow our return process below:

  • You should contact Zenith by calling +800 320 00 032 or request a return from your personal account on the Zenith website, within 14 days of receipt of the Product.
  • Our team will ask you a few questions to make a preliminary assessment of the situation taking into account the conditions of the return described in this Section 7.
  • Subject to such preliminary assessment confirming that the conditions for return appear to be met, our team shall provide you with all necessary documents for return with La Poste.
  • You shall remit the Products to La Poste with the documents provided by us.
  • You shall receive an email confirming receipt by Zenith of the returned Product.
  • Zenith shall control the state of the Product and, subject to the conditions of section 7.3 being met, shall refund the full price to you.

 7.9. We will refund you the price paid for the Product by wiretransfer. Zenith shall pay for the cost of returning the Product. We will proceed to the refund when we receive the Product back. 

8. OUR LIABILITY TO YOU AS A CONSUMER

8.1. You benefit from the statutory guaranty of conformity and against hidden defect of the Product applicable under Swiss Law. As a consumer, you also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the choice of law clause below affect your rights as a consumer to rely on such mandatory provisions of local law.

8.2. In addition to these legal warranties, please note that the Product you purchased is also covered by a commercial warranty (Zenith International Warranty) under the conditions set out in the warranty document and/or link included in the original packaging of the Product.  After sale services for the Products are also available and can be delivered by Zenith and its network of authorized repairers. After sale services provided for a Product outside of Zenith International Warranty are subject to a quote and performed only after approval of the quote by the consumer.

8.3. If Zenith fails to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms.

8.4. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. EVENTS OUTSIDE OUR CONTROL

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).

9.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

10. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US

10.1. When we refer, in these Terms, to "in writing", this will include e-mail.

10.2. You can contact us for any reason using the following means:

(a)       E-mail at conciergerie@zenith-watches.com

(b)       Telephone on +800 320 00 032 (Monday to Friday from 09:00am until 5:00pm Central Europe Time)

10.3. If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.

11. OUR RIGHT TO VARY THESE TERMS

11.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of any Product from our site.

11.2. Every time you order Products from us, the Terms in force at the time of the Order will apply to the Contract between you and us.

11.3. If we revise these Terms and you have already placed an Order with us, the revised Terms will not apply to the Order that you have placed.

12. HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information you provide to us in accordance with and for the purposes set out in our Privacy Policy which is accessible at: https://www.zenith-watches.com/en_gb/page/privacy-policy and as provided in these Terms. Please take the time to read it, as it includes important terms which apply to you.

13. OTHER IMPORTANT TERMS

13.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

13.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.3. This Contract is between you and us. Except as expressly set out in this clause 13.3, no person who is not a party to this Contract shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this Contract are not subject to the consent of any other person.

13.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.

13.6. To the extent permitted by applicable law and subject to any mandatory provisions of your local jurisdiction and the clause “SPECIFIC ADDITIONAL TERMS & CONDITIONS PER LOCAL JURISDICTION” set out below,, these Terms are governed by Swiss law, so that a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with the contract (including non-contractual disputes or claims) will be governed by swiss law and you and we both agree that the courts of Nyon, Switzerland will have exclusive jurisdiction.

Nothing in these Terms, including the choice of law and jurisdiction above, affects your rights as a consumer to rely on mandatory provisions of your local jurisdiction.

14. SPECIFIC ADDITIONAL TERMS & CONDITIONS PER LOCAL JURISDICTION

14.1. FRANCE

YOUR RIGHTS AS A CONSUMER

Notwithstanding anything to the contrary in these Terms, you benefit from the French legal (i) warranty of conformity of the goods described in articles L 217-4 and seq. of the French consumer code and (ii) warranty against hidden defects in the conditions set out in articles 1641 and seq. of the French civil code.
When acting under the legal warranty of conformity, you:

  • are granted a period of two years from the delivery of the good to take action;
  • may choose between the repair or replacement of the good, subject to certain cost conditions set forth in article L 217-9 of the French consumer code;
  • are exempted from providing proof of the existence of the lack of conformity during the first twenty-four months following the delivery of the good.

You may decide to invoke the legal warranty against hidden defects as set forth in article 1641 of the civil code and, in such context, you may choose between the cancellation of the sale or a price reduction, pursuant to article 1644 of the civil code.

In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest. 

Please note that you may bring a claim before the courts of the place where you are domiciled.

14.2. GERMANY

YOUR RIGHTS AS A CONSUMER

Notwithstanding anything to the contrary in these Terms, you benefit from the German legal framework on warranty of conformity of the goods and consumer rights as described in the statutory provisions (esp. sec. 312b et seqq., 433 et seqq. of the German Civil Code).

In the event of a defect of the Product (i.e. if the Product does not meet the specifications agreed between you and us or if the Product is not suitable for use in a manner that you could have expected according to the contract between you and us or as suggested in public statements from us), you are entitled to supplementary performance.

This means in particular, that you:

  • are granted a period of two years from the delivery of the good to take action (sec. 438 sec. 1 No. 3 of the German Civil Code);
  • may initially choose between the repair or replacement of the good, subject to certain conditions set forth in sec. 439 of the German Civil Code;
  • in lieu of having the defect cured, may rescind the contract or have the purchase price reduced. This only applies, however, if you have first set a reasonable deadline to cure the defect and this deadline expires without the defect being cured or if the second attempt to remedy the defect has failed; besides, you are entitled to claim damages in accordance with clause 11;
  • are exempted from providing proof of the existence of a defect of the good during the first six months following the delivery of the good unless proved otherwise (sec. 477 of the German Civil Code).

In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.  

You may choose between the courts territorially competent under the German Civil Procedure Code and the courts of the place where you reside at the time of the conclusion of the Contract or the place where the harmful event occurred.

We inform you according to sec. 36 German VSBG (Gesetz über die alternative Streitbeilegung in Verbrauchersachen) that we are not obliged to take part in an extrajudicial resolution proceeding pursuant to the VSBG.


14.3. ITALY

YOUR RIGHTS AS A CONSUMER

Notwithstanding anything to the contrary in these Terms, you benefit from the Italian legal warranty of conformity of the goods described in articles 128 and seq. of the Legislative Decree no. 206 of September 6, 2005 as amended (“Consumers’ Code”).

We are under a legal duty to supply Products that are in conformity with these Terms. In case the received Products are faulty or misdescribed, you have a legal right to have Products brought into conformity free of charge by repair or replacement at your choice, unless the remedy sought is objectively impossible or excessively expensive compared to the other. Should these remedies be impossible or prohibitively expensive, or should it not be possible to provide them within a reasonable period of time from the request date, you may request, at your choice, to have an appropriate reduction made in the price or the contract cancelled and a total refund of the price paid by you. The same remedies are also applied in the event that the replacement or repair previously carried out caused considerable inconveniences to you.

The warranty period lasts twenty-four (24) months from the date of the delivery of the Product. You shall notify us that the Product is faulty or misdescribed within two (2) months from the detection of the defect, otherwise you will not be entitled to exercise your legal rights. In other words, you are entitled to exercise your legal rights for a period of twenty-six (26) months from the date of the delivery of the Product.

In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest. 

The courts of the place where the Italian consumer has his/her residence or domicile have exclusive jurisdiction.

You may also apply for an out-of-court mechanism to solve any lawsuit relating to these Terms with the competent bodies, in accordance with Sections 141 – 141decies of the Italian Consumers’ Code.

14.4. SPAIN

YOUR RIGHTS AS A CONSUMER

Notwithstanding anything to the contrary in these Terms, you benefit from the Spanish legal (i) warranty of conformity of the goods described in articles 118 to 124 of the Spanish Royal Legislative-Decree 1/2007 approving the General Law for the Defence of Consumers and Users; and (ii) warranty against hidden defects in the conditions set out in articles 1474 and 1484 and seq. of the Spanish civil code.

 When acting under the legal warranty of conformity, you:

  • are granted a period of two years from the delivery of the good to take action;
  • may choose between the repair or replacement of the good, subject to certain cost conditions set forth in articles 119 to 122 of the General Law for the Defence of Consumers and Users;

You may decide to invoke the legal warranty against hidden defects as set forth in article 1484 of the Spanish civil code and, in such context, you may choose between the cancellation of the sale or a price reduction, pursuant to article 1486 of the Spanish civil code.

In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.   

15. MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: ZENITH

Send us an email: at conciergerie@zenith-watches.com  

Telephone: call us at Telephone on +800 320 00 032 (Monday to Friday from 09:00am until 5:00pm Central Europe Time)

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate