General Conditions of Sale
Welcome to our H. Moser & Cie. boutique! We are delighted to offer you our premium watches and wish you a pleasant online shopping experience. The present document provides you with our General Conditions of Sale applicable to each and every of our watches (collectively, the “Watches”, individually, the “Watch”), that can possibly be offered with Non-Fungible Tokens (the “Tokens”) depending on the collection.
1. YOUR CONTRACT WITH US
These General Conditions of Sale (the “GCS”) apply to all services, orders and dispatches of H. Moser & Cie. branded Watches, including those sold with Tokens, (where the Watches are sold together with Tokens, they are referred to, collectively, as the “Augmented Products” and, individually, as the “Augmented Product”) that you, as the client, order from Moser Schaffhausen AG, a Swiss company limited by shares with its registered office at Rundbuckstrasse 10, CH-8212 Neuhausen am Rheinfall, the seller (“H. Moser & Cie.”), via its website www.h-moser.com (the “Site”). In placing an order, you acknowledge that you have read, understood and accepted these General Conditions of Sale without reservation.
H. Moser & Cie. reserves the right to amend these GCS at any time by publishing a new version on the Site. Any order or product delivery to the client occurring after the publication of a new version of the GCS on the Site shall be construed as acceptance thereof.
The GCS in force on the Site at the time of the acquisition on the secondary market of a Watch, a Token or an Augmented Product shall also apply, insofar as they are applicable in whole or in part, to any subsequent purchasers of a Watch, Token or Augmented Product.
PART 1: WATCHES COLLECTION – SOLE WATCHES OR WATCHES BEING PART OF AN AUGMENTED PRODUCT
2. ORDERING MECHANISM
When starting your purchase order via our Site, you will be invited to proceed as follows.
Please note that order requests that you place on our Site only constitute a binding contract once they have been confirmed to you by e-mail and you have validated the order.
- Please select the Watch you would like to reserve and enter your personal information within the dedicated form. Note that our products can only be sent to a limited list of countries.
- Should you have any specific request such as expected time of delivery, availability or customization, please use the corresponding field for free text.
- Click on the button “Reserve”.
- Please note that our selection process includes a Know your Customer (KYC) process performed by H. Moser & Cie. with, possibly, the support of relevant, reputable professional advisory firms, if necessary.
- If your purchase application is selected, our concierge service will contact you to complete your purchase offline.
- Once you have validated your order by email, we will send you an invoice corresponding to the full price or we will request a prepayment or a deposit.
- You are responsible to verify and confirm all details provided in our order confirmation, including the specific details of your order and your personal information, along with the delivery address.
- When your Watch is ready to be shipped, we will send it to you via our selected carrier to the delivery address you have indicated to us. You will then be invited to acknowledge the reception of the goods.
3. PRODUCT OFFERING
We offer our Watches for sale on our Site within the limits of our available stocks. We kindly invite you to contact our concierge service for any information about our products and their availability.
Photos and texts illustrating and describing the products that are displayed on the Site are non-contractual and for information purposes only. H. Moser & Cie. assumes no responsibility for any errors or omissions in the photos or texts appearing on the Site.
For the avoidance of doubt, the above-mentioned provisions in this Article 3, as well as all those inserted into Part 1 of the present GCSs apply to both the sale of Watches being sold without Tokens and Watches sold as part of an Augmented Product, together with the associated Tokens.
4. PRICES, TAXES AND SHIPPING COSTS
All prices displayed on the product pages of the Site include Swiss VAT and shipping costs, unless stated otherwise.
When you reserve a Watch via our Site, our concierge service will contact you to prepare the final purchase order and collect your personal information. The final price of your Watch will be indicated to you per email in our order confirmation. Once you have agreed with the indicated price displayed in the order confirmation (“validation of the order”), we will send you an invoice per email.
In most cases, the full price will be invoiced subsequent to the validation of the order. Note that we may ask for a deposit or prepayment when you confirm your order of your Watch and the amount of such deposit or prepayment will be invoiced first. Such deposit or prepayment counts as any pre-payment of the total price. Note that changes due to currency fluctuations may occur between the date your order is placed and the date the product is ready for final payment. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the final sales price. Should you decline to proceed, your down-payment will be reimbursed without the applicable penalty.
Taxes and customs duties are not included in the price displayed online and are to be paid by the client, unless stated otherwise.
5. PAYMENT AND OWNERSHIP OF THE GOODS
The purchase is concluded once the payment is received by H. Moser & Cie. Payment shall be made in advance of the shipment via a wire transfer payment method as follows:
- We will collect your billing address to prepare your order confirmation indicating the final price of the purchase.
- Once you have validated your order, you will receive the invoice within 1-3 working days with the details of your order (product, price, estimated delivery time). Payment has to be made by bank transfer within 10 days upon receipt of the invoice and the offer is only valid up to this date.
- Once the corresponding payment has been received by H. Moser & Cie., we will send you a receipt per e-mail.
- Note that your Watch will not be manufactured prior to the payment of its full price, except for some cases such as when we request a prepayment of the total price. Your Watch will be sent to you only once the full purchase amount has been received by H. Moser & Cie.
Our products remain the property of H. Moser & Cie. until the full purchase amount has been paid by the client. H. Moser & Cie. is maintaining an insurance over the products until they are delivered to you. The responsibility for the H. Moser & Cie. products passes to the client when the carrier delivers the package or when the carrier hands the package over to the recipient.
Place of delivery
Your order will be delivered to the delivery address you have given us, provided we are able to deliver to the country of your choice.
Please take into account that H. Moser & Cie. reserves the right, at its discretion, to refuse an order, in particular when our watches may not be sent to a specific country due to logistic or legal reasons.
We only send products to the following countries or regions:
Europe: Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
Middle East: Bahrain, Kuwait, Qatar
Asia: Hong Kong, Taiwan
North America: Canada, United States of America
Oceania: Australia, New Zealand
If your country is not listed above, please contact us at the following address: email@example.com.
Our Watches are manufactured on demand. H. Moser & Cie. will endeavor its best efforts to process your order as soon as possible. Delivery times depend on the delivery address and the availability of our Watches, as well as requirements of the local custom duties.
Our concierge service will indicate to you an approximative delivery time. You will be informed in advance when your Watch is ready to be shipped. We will also keep you informed of the status of our shipment and any unforeseen delay.
Conditions of delivery
In case the delivery by the carrier selected by H. Moser & Cie. requires an appointment, said carrier will contact you as soon as possible to arrange a delivery time. H. Moser & Cie. is not responsible in case of delivery delay due exclusively to the unavailability of the client despite several appointment times have been proposed by the carrier.
We require the collection of your signature or the one of designated person as representative to confirm the receipt of the product delivery, at which point responsibility of the purchased product passes on to you.
Impossibility of delivery
In case of impossibility to deliver your order, the goods will be returned to H. Moser & Cie. You will have to bear any additional transport costs, as well as any other costs linked to a new delivery attempt.
7. RECEPTION AND VERIFICATION
You (or a designated person as representative) are required to verify the quantity and condition of your Watch on delivery. Please inform the carrier immediately when receiving your order in case of apparent breakage or visible defects or damages to the package or to the Watch. Please also notify the concierge service of H. Moser & Cie. immediately (within 24 hours from reception) at the following address: firstname.lastname@example.org.
If H. Moser & Cie. agrees that your Watch is defective, it will be meticulously inspected, serviced and tested to the most stringent of quality standards.
8. GUARANTEE/ SERVICE
All H. Moser & Cie. Watches are being manufactured according to strict quality standards with the greatest of care by highly qualified watchmakers. Nevertheless, should one of our Watches needs servicing, please visit the Customer Service section on our Site. Only the indicated entities are authorized to provide guarantee services as defined in our guarantee guidelines.
9. WITHDRAWAL RIGHT
Deadlines and fees
Our Watches are manufactured on demand following your order request and its confirmation to our Concierge Service.
Cancelling your order:
You have the possibility to cancel your order at no cost 14 days after the date of the confirmation of the order that we are sending you. Any paid fee will be returned to you within 14 days on the same payment method that you selected.
H. Moser & Cie. will charge a fee for any cancellation requested after 14 days following the date of the order and price confirmation. 5% of the deposit amount will be retained to cover the administrative and logistic costs occurred by H. Moser & Cie. (with a minimum of CHF 1,000.-) and also to compensate the fact that another Moser customer could have reserved the Watch in the meanwhile.
Returning your Watch:
For pre-manufactured or non-customized Watches, you have the possibility to return a Watch that would not suit you within 14 days from the date of delivery. Only pre-manufactured or non-customized Watches purchased via the official website of H. Moser & Cie. can be returned to us by exercising your right of withdrawal.
The return shipping costs (including tax and customs duties) are at your own expenses. 5% of the deposit amount will be retained to cover the administrative and logistic costs occurred by H. Moser & Cie. (with a minimum of CHF 1,000.-) and also to compensate the fact that another Moser customer could have reserved the Watch in the meanwhile.
If you have received the Tokens associated to the Watch in the context of an Augmented Product, please note that you commit to return them to H. Moser & Cie. at the same time as the Watch and at your own expenses (including any tax and customs duties or third-party costs).
Condition of the Watch
We will carry out a complete and strict examination of the condition of the returned Watch and will refuse any Watch showing any sign of wear and tear or modification from its original condition. Particular attention will be paid to the straps of our Watches which must be in perfect condition for resale. In the event of signs of wear and tear on the bracelet, we reserve the right to deduct it from the amount to be reimbursed. The same applies in case of any defect or alteration of the Tokens associated to the Watch in an Augmented Product.
Conditions of return
If you wish to exercise your right of withdrawal for a Watch purchased with H. Moser & Cie. (for pre-manufactured or non-customized Watches only), you must abide by the following rules:
- Notify our concierge service of your intention to withdraw by e-mail at email@example.com or fill in the withdrawal form available below within 14 days of receipt of the products.
- Within another period of 14 days after notification of your intention of withdrawal, return the ordered product in its original and complete packaging by courier to the following address: Moser Schaffhausen AG, Rundbuckstrasse 10, CH- 8212 Neuhausen am Rheinfall, Switzerland.
- H. Moser & Cie. products must be returned in their original condition in a new, unused and perfect state, with all protection, tags and stickers attached to them, with the original box and delivery package, including all accessories and documentation. H. Moser & Cie. will refuse returns if the product shows signs of wear (such as for the bracelet or strap) or has been used or altered from its original condition in any way.
- The cost of returning the product may vary depending on the country of return. It can in principle be estimated on the carrier’s site according to the weight and dimensions of the package. You are responsible for the cost of returning the goods as well as to insure the product for the return shipping.
- An e-mail will be sent to you as soon as we have received the returned package. We will proceed with the refund within 14 days from the date of receipt of the withdrawal request provided all conditions for refund are strictly met (see requirements on the condition of the product above). This period can be extended if the Watch has not yet been received by H. Moser & Cie. The refund will be made on the same payment method as the one chosen for the initial transaction. H. Moser & Cie. will deduct from the prepayment or deposit the cost of the first shipping to your delivery address, any custom duties and a compensation fee as indicated above.
PART 2: NON-FUNGIBLE TOKENS
If applicable and for certain Watches collections, Tokens are associated to the Watch.
Tokens can be artistic okens and / or giving various advantages, such as access rights to exclusive virtual and physical events. The content, extent and duration of the advantages associated to these Tokens shall be at the sole discretion of H. Moser & Cie. and defined in general terms in our communication informing you that your purchase application has been selected, as defined in Article 2.e) of the present GCS.
H. Moser & Cie. will provide the interface with its H. Moser & Cie. application and you will be able to access all your Tokens through it. Wallets are created through involvement of H. Moser & Cie.’s service providers and owned by H. Moser & Cie.
Instructions for accessing the tokens will be provided at the latest upon receipt of the Watch part of the Augmented Product.
The Tokens are distributed by H. Moser & Cie. which will be assisted by relevant and reputable service providers.
After a period of 1 year from the Tokens’ activation, you are entitled to transfer the Tokens, provided that you comply with all technical and organizational guidelines issued by H. Moser & Cie. in this respect. You furthermore commit to perform such transfers only through recognised, reputable and compatible platforms and in compliance with applicable laws and regulations. Any transfer by the client to a new wallet, application or platform must be preceded by a fifteen (15) working days prior written notification to H. Moser & Cie. The liability for the entirety of the transfer process is solely with the client and H. Moser & Cie. accepts no liability whatsoever.
You further acknowledge that you are solely responsible for all risks associated with the transferring, creating, holding, storing, or use of the Tokens or a digital wallet, as applicable, including but not limited to network failures or disruptions; corrupted wallet files; viruses, phishing, brute-force attacks, hacking, security breaches, mining attacks, or other means of attack against your Tokens; risk of losing access to the Tokens due to loss of private key(s); custodial or buyer error; regulatory interference in one or more jurisdictions; Token taxation; personal information disclosure; uninsured losses; failure to provide appropriate maintenance (including without limitation hosting); and other unanticipated risks. We will not be responsible for any such risks or losses.
Once the Tokens have been transferred to the wallet address you have specified, you irrevocably release H. Moser & Cie. and our officers, employees, agents and/or licensors, from any and all claims, causes of action, liabilities, all types of damages, including but not limited to direct, indirect, consequential, incidental, punitive, nominal, compensatory or special damages, losses of profits or revenues, business interruption, loss of data or other intangible losses and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage to the Tokens and/or otherwise directly or indirectly relating to the Tokens.
For any transfer, you are solely responsible for any network and platform fees that may apply as well as all transaction duties, taxes, customs duties or fines imposed by law.
After a period of 1 year from the Tokens’ activation, you are entitled to sell the Tokens alone or jointly with the Watch, provided that you comply with all technical and organizational guidelines issued by H. Moser & Cie. in this respect. You furthermore commit to perform such resales only through recognised, reputable and compatible platforms and in compliance with applicable laws and regulations. Any resale by the client to a new purchaser must be preceded by a fifteen (15) working days prior written notification to H. Moser & Cie. The liability for the entirety of the resale process is solely with the client and H. Moser & Cie. accepts no liability whatsoever. In addition, the new purchaser shall agree to be bound by these GCS, as applicable at the time of the resale.
You recognize and agree that the Tokens may be subject to commissions for any subsequent resale on any marketplace (e.g. OpenSea) and that H. Moser & Cie. shall receive 5% of royalties and/or any other fees on each resale.
You further acknowledge that you are solely responsible for any risks associated with the resale process, as applicable, including but not limited to network failures or disruptions; corrupted wallet files; viruses, phishing, brute-force attacks, hacking, security breaches, mining attacks, or other means of attack against your Tokens; risk of losing access to the Tokens due to loss of private key(s); custodial or buyer error; regulatory interference in one or more jurisdictions; Token taxation; personal information disclosure; uninsured losses; failure to provide appropriate maintenance (including without limitation hosting); and other unanticipated risks. We will not be responsible for any such risks or losses.
Once the Tokens have been resold to the new purchaser, you as well as the new purchaser irrevocably release H. Moser & Cie. and our officers, employees, agents and/or licensors, from any and all claims, causes of action, liabilities, all types of damages, including but not limited to direct, indirect, consequential, incidental, punitive, nominal, compensatory or special damages, losses of profits or revenues, business interruption, loss of data or other intangible losses and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage to the Tokens and/or otherwise directly or indirectly relating to the Tokens.
For any resale, you are solely responsible for any network and platform fees that may apply as well as any transaction duties, taxes, customs duties or fines imposed by law.
Please note that in order to resell the Token(s) on the secondary market, you may need to have an external wallet and transfer the Token(s) to the external wallet prior to the resale.
14. INTELLECTUAL PROPERTY
Ownership of Tokens
You acknowledge and agree that H. Moser & Cie. and/or its licensors own all legal rights, titles and interests in and to any artwork underlying all purchased Tokens, including but not limited to any text, graphics, photographs, audio, video, logos, copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein.
However, you are the exclusive owner of these Tokens and therefore have the right to dispose of the Tokens, including to sell it, donate it or give it away, in accordance with these GCS and in your sole and exclusive responsibility. We reserve all rights in and to the artwork that are not expressly granted to you in these GCS.
License on the artwork
H. Moser & Cie. grants you with a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free license to:
– display and perform the artwork in a private and non-commercial context; and
– sell the Tokens associated with the artwork.
You may sell, transfer, give away or use your Tokens, but may not make commercial use of the artwork associated with your Tokens including, for example, by creating and selling copies of artwork, licensing the artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the artwork.
The license is granted for the duration of the IP rights under applicable laws over the artwork or until the date on which the underlying blockchain ceases to exist and/or the Token is otherwise erased or deleted, if such date occurs prior to such duration. The license granted herein will immediately expire with respect to any Token that ceases to be under your ownership as a consequence of any transfer, sale, donation or equivalent and you will have no further rights in relation to the artwork.
You acknowledge and agree that, if you are in breach of these GCS, in addition to any remedies at law or in equity that may be available to H. Moser & Cie., H. Moser & Cie. may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible for reimbursing H. Moser & Cie. for any damages, costs and expenses arising out of or in connection with your breach of these GCS.
You acknowledge that the issuance and use of the Tokens has an innovative and experimental nature and therefore H. Moser & Cie. has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any negative or adverse consequence related to your ownership, display, transfer or any other use of these Tokens.
You are exclusively responsible of your actions while accessing/using the H. Moser & Cie. application and for any outcome related. You agree to use the H. Moser & Cie. application only for legal and proper purposes in accordance with these GCS and any applicable laws or regulations.
In particular, you may not, and may not allow any third party to: (i) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any destructive or harmful code; (ii) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (iii) impersonate another person; (iv) upload or otherwise make available content that infringes the IP rights of others or otherwise violates their legal rights; (v) engage in, promote, or encourage unlawful acts; (vi) impersonate another person; (vii) upload, post, transmit or otherwise make available through the H. Moser & Cie. application any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (ix) interfere with other users’ use of the H. Moser & Cie. application; (x) use the H. Moser & Cie. Application for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the H. Moser & Cie. application; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (xiii) use any technology to collect information about the Site’s for any unauthorized purpose; (xiv) access or use the H. Moser & Cie. application for the purpose of creating a product or service that is competitive with any of our products or services.
In addition, and to the maximum extent permitted by applicable mandatory laws, the Tokens and associated artwork are provided “as is”, without any guarantee, representations or warranties by us nor by our licensors. We disclaim all implied warranties, including but not limited to merchantability and fitness for a particular purpose, except in so far as such obligations cannot be excluded by law. In addition, we make no representations or warranties as to the following:
- the nature, character, contents, condition, behavior, operation, performance, security, integrity, availability, correctness, accuracy, metadata, persistence, uninterrupted access, quality, technical details or terms of the Tokens or of the referenced content;
- that the Tokens or referenced content do not contain vulnerabilities, or other harmful components, or that either will function as you may expect or without error or mistake;
- that the Tokens or associated artworks are reliable, correctly programmed, compatible with your or others’ computer systems, up-to-date, error-free, compatible with your other blockchain wallet or that defects in the Tokens or referenced content can or will be corrected.
H. Moser & Cie.’s liability in relation to Augmented Products shall not exceed, in any circumstances, the amount of CHF 1,000.-, except in the case of willful misconduct or fraud, or in the case of death or personal injury caused by negligent or omissions.
H. Moser & Cie. has no responsibility if the Tokens are transferred outside the H. Moser & Cie. application.
Should you have any question/request related to these Tokens, you can contact us through the following email address: firstname.lastname@example.org.
We will process your request as soon as possible.
17. WITHDRAWL RIGHT
Except under exceptional circumstances, it is not possible to obtain from H. Moser & Cie. a withdrawal right, nor an exchange of any type of Tokens.
PART 3: FINAL PROVISIONS
Data protection: Your personal data will be collected exclusively in accordance with legal requirements and will be processed as defined in our Privacy Notice.
Force majeure and liability exclusions: H. Moser & Cie. rejects any liability for delays caused by events beyond our control, such as force majeure (including, but not limited to, epidemics, traffic congestion, wars and geopolitical crisis, extreme weather conditions or the holding of goods by customs or public authorities) or important technological issues (such as, losses due to used blockchain or any other features of the blockchain used network or a wallet linked to the blockchain used).
Such events do not entitle the client to withdraw from the purchase contract or to claim compensation from H. Moser & Cie. for the damage caused.
H. Moser & Cie. will contact you as soon as reasonably possible to notify you (unless it proves to be impossible or would involve disproportionate effort) and our obligations under the GCS will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our control.
Validity of the General Conditions of Sale: Should any provision of these GCS be declared null and void or partially invalid, the validity and scope of the remaining provisions shall remain unaffected. The invalid terms will be replaced by the applicable legal provisions.
Limited liability: Without prejudice to the scope of these GCS – where specific liability caps or limitations may apply, no claim whatsoever relating to the products delivered or the non-delivery of the products or any other claim may exceed the purchase price of the goods in question.
In any case, H. Moser & Cie. must be informed immediately of all losses, damages, destruction and theft of products, Watches or Tokens and be provided with all the necessary information concerning the cause and the specific circumstances.
Applicable law: These GCS are governed by the laws of Switzerland, without reference to its conflicts of law rules. The application of the 1980 “United Nations Convention on Contracts for the International Sale of Goods” is expressly excluded.
Jurisdiction: The exclusive place of jurisdiction shall be the courts of the Canton of Schaffhausen, Switzerland, except for mandatory places of jurisdiction as provided by law. Appeal to the Swiss supreme Court is reserved.
H. Moser & Cie. / March 2023
WITHDRAWAL DEADLINE FORM
Form to be returned no later than 14 calendar days from receipt of the products or signature of the contract to Moser Schaffhausen AG, Rundbuckstrasse 10, CH-8212 Neuhausen am Rheinfall, Switzerland
The revocation shall only be valid if it is addressed, legibly and fully completed, before the expiry of the period.
I, the undersigned,
Surname, first name: ______________________
Mail address: ______________________
notify you of my withdrawal from the contract for the sale of the product listed below:
Order number: ______________________
Ordered on: ______________________
Delivered on: ______________________
Signature preceded by the handwritten mention “Read and approved”.