General Terms and Conditions of Sale – USA

Date of publication: February 13th 2023

Welcome to the Watch Academy by Cimier website (www.watch-academy.com), a website managed by Montres CIMIER SA, Chemin du Long-Champ 116, 2504 Biel/Bienne, Switzerland. These Terms and Conditions are provided by Montres CIMIER SA (hereinafter referred to as “Cimier” or including the terms “Watch Academy by Cimier”, “we”, “us”, “our” and “ours”).

By accessing and using this site, regardless of whether you become a registered user, purchaser or not (hereinafter referred to as “User”, “You” or “the customer”), you agree to be bound by these terms and conditions (hereinafter referred to as “T&Cs”), which you declare to have read and understood.

CHANGES TO THE TERMS AND CONDITIONS

Cimier reserves the right, in its sole discretion, to modify or change these T&Cs at any time. It is your responsibility to consult them regularly to keep yourself informed of any changes.

By using the Site, you acknowledge that the mere act of posting revised T&Cs on the Site is sufficient to render you enforceable against any modifications or revisions.

Your continued access and use of the Site following any changes to the T&Cs will mean that you accept those changes. Any order or bookings placed after the publication by Cimier of a new version of the T&Cs shall constitute acceptance of such new version.

CONTENTS

All intellectual property rights in Cimier’s products and services shall remain the exclusive property of Cimier and its licensors (if any).

The content of the Site is the exclusive property of Cimier and is provided to you as is. The Content may not be used, reproduced, distributed, transmitted, broadcast, performed, sold, transferred or otherwise exploited for any purpose other than viewing and using the Site.

The Cimier and Watch Academy by Cimier names and logos, as well as the Site and all of its contents (design, text, graphics, etc.) are protected by copyright and trademark law. Cimier retains all rights in the Site and the information and content (including all text, data, graphics and logos) on the Site.

Any modification, reproduction, publication, transmission to third parties and/or any other use of the protected property without the prior written consent of Cimier is strictly prohibited. Consequently, it is forbidden to reproduce and/or reuse, in any way whatsoever, all or part of the elements contained in the site or received by email without the prior authorisation of Cimier.

PRICE

For all bookings for our workshops in the United States, prices in United States Dollar mentioned in the offer of products and services at the time of the order shall apply. The prices indicated are final. This means that they contain the General Sales Tax (GST) applicable in the State where the workshop is conducted. Cimier collects the GST and remits it to the relevant tax authorities. Bank and foreign exchange charges applicable to any transaction carried out for an order or payment with Cimier shall be borne by the Customer.

PROMOTIONAL CODES

Promotional codes are vouchers issued by Cimier as part of advertising campaigns and partnerships. Promotional codes have a fixed validity period. Promotional codes can only be used within the specified period and only once in the course of an order procedure.

Promotional codes can only be used prior to the conclusion of the ordering process. Subsequent settlement is not possible. The promotion code cannot be transferred to third parties. It is not possible to combine several promotional codes with each other.

BOOKINGS

Cimier may use third party services or websites for bookings. Cimier assumes no liability or responsibility for the customer’s use of third party websites and services.

Your booking for a workshop is not confirmed until we have received and acknowledged receipt of payment.

PAYMENT

After booking a workshop on the booking platform, you will be redirected to a payment page. If Cimier does not receive your payment within 2 days, your booking will be cancelled.

We offer the following payment methods: credit card and debit card. For each order, we reserve the right not to offer certain types of payment and to refer you to other payment methods. You bear any costs of a cash transaction. In case of purchase via credit card or debit card, your bank account is debited upon completion of the order.

You agree to receive invoices, credit notices and reminders in electronic or paper form.

WARRANTY

Watches assembled in our workshops are under warranty for 36 months from the date of assembly.

During the warranty period, Cimier will either repair or replace any defective component of the watch at Cimier’s expense. Repaired or replaced parts are guaranteed until the end of the original 36-month warranty period.

The warranty does not apply in the following cases:

• Accident, fall, misuse or abuse
• Use of parts not offered by Cimier
• Repair by any repairer other than Cimier or Cimier’s appointed agent
• Natural wear of the product
• Failure to notify Cimier of a defect during the warranty period

Repairs by Cimier for damage or defects due to the above reasons will incur repair costs for labour, parts and transportation.

SHIPPING FOR REPAIRS

• For watches under warranty: The cost of shipping for repairs under warranty is borne by Cimier.
• For watches out of warranty: The cost of shipping for repairs out of warranty is borne by the customer.

AVAILABILITY

The selection of components to choose from is subject to availability and may differ from those that are pictured or from workshop to workshop. We are, of course, at the customer’s disposal in case of any doubts.

LIMITATION OF LIABILITY

The components and watches shown on the website may not correspond exactly to the actual components and watches in terms of image, colours and dimensions. This is due to a number of reasons, including the way your browser interprets our site, the quality of your screen.

SUBCONTRACTING

Cimier may subcontract the performance of all or part of its activities at any time, without notice or consent from you. Assembly activities can be delegated to a company or individual based in Switzerland or abroad. The repair activities as well as the sales logistics can be delegated to one or more third-party companies in Switzerland and internationally.

RETURNS

The watches assembled during our workshops are noticeably personalized. For this reason, Cimier does not accept returns of watches or watch parts.

CANCELLATION

If the Client is unable to attend a Course, the Client must inform Cimier immediately. Cancellation fees will be charged by Cimier as set out below.

Cancellation fee

• The course fee will be reimbursed at 85% of the invoice for cancellations 10 days or less before the course date (0 to 10 days)
• The course fee will be reimbursed at 100% of the invoice for cancellations more than 10 days before the course date (11 days or more)

Cimier reserves the right to cancel a course. In the event of cancellation by Cimier, if the customer has already made payment, he/she will be refunded in full. The Client waives all claims for compensation from Cimier in the event of a cancellation by Cimier.

Cimier reserves the right at its sole discretion to charge or not to charge a fee for cancellation of a course.

In the event of inappropriate or undisciplined behaviour with Cimier employees, representatives and/or other clients during a course, Cimier reserves the right to exclude a participant with immediate effect. In this case, the customer will not be reimbursed under any circumstances.

Cimier assumes no liability or responsibility for delays, difficulties in reaching the destination or other inconveniences.

DATA PROTECTION

Cimier processes your data in accordance with applicable data protection laws. In this respect, we naturally comply with the principles of data protection law applicable to the processing of personal data. Thus, in principle, we only process your data in the context of orders, warranty, returns, customisation, development and security of our services.

The rules governing the privacy policy and cookies used by Cimier and the relationship between Cimier and all persons using the site or coming into contact with the company are set out in the accompanying documents. For this purpose, please refer to our privacy policy and our cookies policy.

Cimier may use third party services or websites. Cimier assumes no liability or responsibility for the customer’s use of third party websites and services.

APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any dispute relating to the products and services shall be settled before the Swiss courts unless the applicable mandatory rules provide for a different jurisdiction.

Contact

Montres CIMIER SA
Chemin du Long-Champ 116
2504 Biel/Bienne
Switzerland
+41 41 720 29 29
info@cimier.com