TERMS OF SALE

1.1 These general terms and conditions of sale (the “Terms of Sale”) apply to all sales agreements concluded between Gerald Charles SA, with registered office in Lugano, via Nassa 62, registered in the Swiss companies register, CHE-431.656.687, (“Gerald Charles” or the “Company”) and the customer, identified as a consumer under the applicable consumer legislation (the “Customer”). Gerald Charles and the Customer are hereinafter jointly referred to as the “Parties” and individually as the “Party”. It is always possible to contact Gerald Charles at the e-mail aftersales@geraldcharles.com.

1.2 This Terms of Sale govern the purchasing procedure for “Gerald Charles” branded products (the “Products”) via the e-commerce website www.geraldcharles.com (the “Website”). The Terms of Sale do not cover the pre-order procedure nor the provision of services or the sale of products by parties other than Gerald Charles, even if they are featured on the Website through links, or banners. Regarding the reservation service available through the Website, please refer to the pre-order terms and conditions available here.

1.3 The Customer shall read carefully and accept these Terms of Sale. By accepting the Terms of Sale, the Customer undertakes to comply with the terms and conditions set forth herein. In case of nonacceptance of the Terms of Sale, the Customer will not be able to purchase any Products. Therefore, the Customer is invited to print and save a copy of the Terms of Sale for future reference.

1.4 The purchase of Products through the Website is strictly reserved to individuals who: (i) have legal capacity and have reached their legal age in their country of residence; and (ii) purchase the Products for personal use and not for purposes in any way related to their commercial, business, or professional activities. Gerald Charles will not accept and/or process orders from channels other than the Website or from parties lacking the requirements set out in this article.

2.1 Gerald Charles Products are luxury wristwatches that are part of collections available in limited quantities. Therefore, the catalogue of Products available on the Website and from time to time updated and/or amended by the Company includes: (i) watches available for pre-order, in relation to which the final sale price and pre-order fee is specified in each product page; and (ii) watches available for sale only upon request and whose price is communicated separately to interested customers (e.g. gemstone watches or out of stock watches).

2.2 To proceed with the purchase, therefore, the Customer must have submitted a pre-order or an information request to the Company via the request forms available on the Website and send it in accordance with the indications provided on the Website, after having carefully reviewed the product specifications. Sending an information request is in no way binding for the Customer. Following receipt of the requested information, the Customer shall be free to decide whether to proceed with the purchase of the Product, under the conditions further specified in the Company’s communication. Therefore, sending an information request does not imply any payment or other obligation whatsoever for the Customer.

2.3 Gerald Charles constantly monitors and updates the stock availability of the Products displayed on the Website. However, since the Website can be visited by several Customers at the same time, it may happen that several Customers intend to purchase or buy the same Product at the same time. In such cases, the Product may be available for a short period of time, even though it is out of stock or no longer available. Should a Product prove to be unavailable for the above-mentioned reasons or in other cases of unavailability, Gerald Charles will promptly contact the Customer at the contact details provided by the same. If a Product becomes unavailable, its price will not be charged to the Customer. If the price has been paid for items that are no longer available, Gerald Charles will refund, without undue delay, the amount paid for those items and the sale agreement between the parties will be deemed terminated. This is without prejudice to the non-refundability of the pre-order fee under Article 7.1 of the pre-order terms.

3.1 Upon receipt of the pre-order or information request and verification of the availability of the Products pre-ordered, Gerald Charles will process the purchase request (the “Order”) and sent the Customer an e-mail confirming the receipt of the Order, containing the number and details of the order, as well as a link to the Terms of Sale and a box for the Customer to accept those terms (the “Order Confirmation”). Within the limits of the applicable laws, Gerald Charles may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, when the Products are no longer available or in any other case where there are substantial problems with the order or errors in the presentation of the Product or selection on the Website. The Customer will be informed by e-mail of the order cancellation, with the reasons thereof.

3.2 The sale agreement between Gerald Charles and the Customer (the “Agreement”) shall become binding upon receipt by Gerald Charles of the Customer’s acceptance of the Terms of Sale.

3.3 Afterwards, Gerald Charles will confirm to the Customer that the Product purchased is being shipped (“Shipping Confirmation”), with different timing depending on the destination and the type of shipment.

3.4 The Customer shall keep the order number on the Order Confirmation to access the after-sales service and for any other communication with the Company.

4.1 Some of the Products displayed on the Website are customisable by the Customer, by submitting a customisation request by filling in the form “Contact Us” available on the Website.

4.2 When using the customisation service, the Customer may submit a request for customisation that is subject to the approval by Gerald Charles.

4.3 The customisation chosen by the Customer on the Website is saved for the duration of the current session only; Gerald Charles does not save any unfinished customisation sessions. Therefore, if a session is interrupted before the request is sent, the Customer will have to start a new session to customise the product.

5.1 The price of the Products available for pre-order indicated on the Website (the “Price”), expressed in euros or in the local currency that may be applicable, is inclusive of all applicable taxes (including VAT applicable in the relevant territory), charges and shipping costs. In the case of Orders from the United States and Canada, the Price does not include taxes, customs duties and shipping costs.

5.2 Gerald Charles reserves the right to change the Price at any time, without prejudice to orders already placed and Agreements already executed, to which – except for blatant errors – the Price displayed on the Website at the time of the pre-order shall apply.

5.3 The payment methods available to the Customer are, depending on the country: (i) credit card (Visa, Mastercard, American Express); (ii) ShopPay, GooglePay; or (iii) direct bank transfer.

5.4 The payment service is operated by a third-party payment provider (different depending on the payment method selected by the Customer). During the payment process, additional payment authentication may be required by the card issuer or banking institution (i.a. “Verified by Visa”, “MasterCard Secure Code”). Under no circumstances shall Gerald Charles be held liable for payment errors via the third-party payment service that occur due to a lack of connection or for direct and/or indirect damages that the Customer may suffer for any reason or title whatsoever as a result of and as a consequence of suspensions or interruptions in the operation of the banking institution’s Website (including any cyber-attacks).

5.5 Gerald Charles – via the third-party payment service provider – will carry out a standard preauthorization on the payment method selected by the Customer. If, for any reason (relating, for example, to the inadequacy/insufficiency of the payment details provided by the Customer), it proves impossible to charge the Price, the transaction will be automatically cancelled, and the Order will not be processed by the Company.

5.6 Following receipt of the Order Confirmation and acceptance of this Terms of Sale, the Customer shall pay the Price under the terms and conditions specified in the Order Confirmation. Therefore, by clicking on the “pay now” button on the Order Confirmation the Customer expressly acknowledges and accepts the payment obligation.

5.7 The invoice or, more generally, the tax document relating to the purchase of the Products and the payment of the Price will be sent by e-mail to the Customer by Gerald Charles. Once issued, the invoice/tax document will not be alterable.

6.1 The purchased Products shall be delivered to the Customer by shipping to the delivery address indicated by the Customer in the Order. Shipping times depend on the type of shipment, which may vary from territory to territory.

6.2 It is understood between the Parties that the delivery times indicated on the Website and/or on the Order Confirmation are purely indicative and that in any case delivery will be made within 30 (thirty) days from the execution of the Agreement. Following receipt of the Shipping Confirmation, the Customer will receive information about the status of the Order by Gerald Charles and the shipment tracking code provided in the Shipping Confirmation.

6.3 Upon delivery of the Products by the courier, the Customer (or the representative or other person indicated by the Customer) shall check: (i) the accuracy of the recipient’s details on the delivery receipt; and (ii) the integrity of the packaging and seals. Any damage to the packaging, alterations to the seals and/or discrepancies with respect to the recipient’s data or documentation shall be immediately indicated in writing on the courier’s delivery receipt

7.1 Ownership of the Products will only be transferred to the Customer upon payment of the Price, while the risk of loss of or damage to the Products will remain with Gerald Charles or the courier until delivery of the Products.

8.1 Products pre-ordered and purchased through the Website are covered by the legal warranty of conformity pursuant to applicable consumer legislation (the “Warranty”).

8.2 Gerald Charles undertakes to deliver to the Customer Products in conformity with the Agreement. In case of defective Products and/or Products not conforming to the promised qualities, the Customer shall promptly notify the Company by e-mail or by filling in the appropriate form or the “Watch Care” form. Notification is not necessary only in cases where the Company has acknowledged in writing the existence of the defect or has concealed it.

8.3 Unless proven otherwise, it shall be assumed that conformity defects that become apparent within the first 12 (twelve) months from the date of delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the goods or the nature of the conformity defect.

8.4 The Warranty lasts for 2 (two) years from the date of delivery of the Product.

8.5 Should Gerald Charles ascertain that the Product is defective or non-conforming, the Customer has the right to restore the conformity of the Product, requesting, free of charge, the repair or replacement of the Product, unless the requested remedy is objectively impossible or excessively onerous (considering the value of the good and the entity of the defect). The repair or replacement of the defective Product shall be carried out by Gerald Charles within a reasonable period of time after the Company has been informed of the lack of conformity. In cases where repair or replacement of the Product is impossible or excessively onerous, the Customer may request a reasonable reduction of the Price or termination of the Contract (unless the lack of conformity is of minor entity).

8.6 The Customer shall not be entitled to exercise the Warranty in the following cases: (i) in the absence of proof of purchase; (ii) if the Product has been used, damaged, modified or otherwise altered by the Customer or a third party; (iii) if the original labels, part of the Products and/or accessories are missing.

8.7 The shipping costs for the return of defective and/or non-conforming Products to be repaired or replaced in accordance with this Article shall be borne by Gerald Charles, as well as the costs related to the delivery of the repaired or replacement Product to the Customer.

9.1 In addition to the Warranty referred to in the preceding article, Gerald Charles offers a 3 (three) years warranty extension applicable to new watches registered in the “Smart Warranty” system (the “Warranty Extension”).

9.2 To validly activate the Warranty Extension, the Customer shall submit a request to the Company by filling the relevant form available on the Website within 6 (six) months from the date of purchase.

10.1 Gerald Charles shall not be liable for any failure or delay in the performance of any of its obligations under the Agreement and/or these Terms of Sale caused by events beyond its reasonable control, such as strikes, lock-outs or other industrial action, civil insurrection, invasion, terrorist attack (including threatened), war (whether declared or not) or threat of war, fire, explosion storms, floods, earthquakes, 5 subsidence, epidemics, pandemics or other natural catastrophes, inability to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authority (“Force Majeure”).

10.2 In case of Force Majeure, the performance of the Agreement by Gerald Charles may be suspended for as long as the Force Majeure event continues. The Company undertakes to inform the Customer of the occurrence of a Force Majeure event without undue delay and in any case within 7 (seven) days from its occurrence. The Customer’s right of withdrawal under Article 10 below remains in any case unaffected.

11.1 The Customer may withdraw from the Agreement, without penalty and without having to state a reason, within 14 (fourteen) calendar days, starting from the day on which it received the Product. Once this period has expired, the return will no longer be accepted.

11.2 To exercise the right of withdrawal, within the time limit set out above, the Customer may: (i) contact Gerald Charles at aftersales@geraldchalers.com, indicating the Order number and the Product(s) to be returned; or (ii) fill in the appropriate withdrawal form “Contact Us" by entering the Order number and the e-mail address through which the purchase was made, as well as the Product(s) to be returned. In any case, the Customer shall indicate the burden of proof concerning the exercise of the right of withdrawal in accordance with this Article shall be on the Customer.

11.3 The right of withdrawal may only be exercised by the Customer and in no case by the recipient of a gift product.

11.4 When exercising the right of withdrawal, the Customer may return the Product free of any charges with a courier selected by Gerald Charles.

11.5 The return of the Product shall take place without undue delay and in any case within 14 (fourteen) days from the date on which the Customer communicated to the Company its decision to withdraw from the Agreement. The Customer shall bear at its own expense only the direct cost of returning the Product in the case referred to in Article 11.4(ii) above. The Products must be returned in accordance with the following conditions: (i) the Products must be returned in their original packaging, complete with their original packaging and labelling (including boxes, accessories, tags, labels); (ii) the Products must not have been used, washed or damaged; (iii) the right of withdrawal applies to the Product in its entirety and not to individual parts thereof; (iv) shipping, until receipt by Gerald Charles, is the responsibility of the Customer.

11.6 After receipt and verification of the returned Product, Gerald Charles shall send the Customer an e-mail confirming that the return has been accepted (the “Return Confirmation”).

11.7 Following the Return Confirmation, Gerald Charles shall reimburse the Price received from the Customer for the returned Product, including any shipping costs, without undue delay and in any event within 14 (fourteen) days from the day on which the Company was informed of the decision to withdraw from the Agreement. The Customer receives a full refund of the Price by the same method that was used to make the payment, with different timing depending on the payment method originally selected and the banking institution in question. It is understood that in case of returns by paid shipment by courier or other carrier selected by the Customer pursuant to Article 11.4(ii) above, Gerald Charles may withhold the refund until it receives the Products or until the Customer has showed that they have sent the Products (whichever is sooner).

11.8 The right of withdrawal is excluded for, and does not apply to, tailor made, or otherwise customised Products referred to in Article 4 above, as may be provided or permitted by applicable consumer laws.

12.1 Gerald Charles warrants the authenticity and high quality of all Products offered for sale through the Website. All intellectual property rights (by way of example only, the “Gerald Charles”) insisting on or relating to the Products and their accessories and packaging are and remain the exclusive property of Gerald Charles.

12.2 The Customer does not acquire any rights to Gerald Charles intellectual property rights by reason of or under the Agreement and/or these Terms of Sale. Total or partial reproduction, modification, alteration, or any other use of Gerald Charles’ intellectual property rights without Gerald Charles’ prior written consent is strictly prohibited.

13.1 The Customer’s personal data collected by Gerald Charles in the purchase procedure and/or during the performance of the Agreement will only be processed in accordance with Gerald Charles’ privacy policy (hereinafter the “Privacy Policy”) available here.

13.2 As further provided in the Privacy Policy, the Customer’s personal data (including those contained in correspondence with the Company by e-mail or by other instant messaging channels) are processed by Gerald Charles for the period of time strictly necessary to achieve the purposes for which they were collected and stored for the entire duration of the contractual relationship and, upon its termination, for the period of time allowed by the rules on statute of limitations.

14.1 For any needs, the Customer may contact Gerald Charles’ customer service (the “Customer Service”), by contacting the staff at the official phone number +41 (0) 91 682 02 42, on business hours. The Company can be contacted at any time by e-mail by filling in the form available on the Website or by writing to aftersales@geraldcharles.com.

14.2 Gerald Charles shall reply to Customer enquiries as soon as possible, using the contact channel chosen by the Customer or another address indicated by the Customer in the Order. It is understood that correspondence sent by the Customer to other addresses and/or through communication channels not specified in this Article will not be deemed to have been properly received and will not be accepted.

15.1 Gerald Charles reserves the right to periodically review and amend these Terms of Sale to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant regulations and legal requirements, and changes in its system capabilities.

15.2 Each Agreement will be governed by the Terms of Sale in force at the time that the parties enter into it. Any changes or updates are duly published on the Website and/or notified to the Customer and will be effective immediately from the date of their publication and/or notification for orders placed thereafter

16.1 Failure to exercise or late exercise of a right under the Agreement and/or these Terms of Sale does not constitute a waiver thereof.

16.2 Should any of the provisions of these Terms of Sale be invalid, ineffective, or unenforceable for any reason, that provision will be considered as severed from these Terms of Sale and the remaining provisions contained therein will be perfectly valid and effective and will not be affected by the invalid, ineffective or unenforceable provision.

16.3 The Agreement is binding on both Parties and their respective successors and assigns. Gerald Charles may transfer, assign, sub-contract or otherwise dispose of the Agreement, or any of its rights or obligations under it, at any time during its term, subject to the obligation to ensure an effective level of protection of the Customer’s rights at least equal to that guaranteed under the Agreement. The Customer may not assign the Agreements, unless otherwise required by applicable law

17.1 These Terms of Sale and the individual Agreements are governed by and must be construed in accordance with the laws of Switzerland, with the exclusion of international treaties and the conflict of law rules.

17.2 Any disputes arising in connection with these Terms of Sale and/or individual Agreements shall be submitted to the territorial jurisdiction of the competent court in the place of the Customer’s residence or domicile.

17.3 Customers residing in a European Union Member State have the possibility to have recourse to the platform established by the European Commission for the settlement of disputes relating to distance selling contracts (“ODR platform”). The Customer and the Company may resolve disputes relating to purchases made under these Terms of Sale through the ODR Platform with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

Terms of Sale updated on September 5, 2024