Legal
1.1. Lederer Timepieces, located at Av. des Pâquiers 1, 2072 St-Blaise, Switzerland (hereinafter: “Lederer Timepieces”), is known for the development of fine, hand-crafted timepieces in limited series with exclusive in-house mechanical movements, which are offered for sale to watch collectors and enthusiasts worldwide.
1.2.Buyer is any person interested in the potential purchase of a Lederer Timepieces timepiece (hereinafter: “Buyer”).
1.3. The following General Terms and Conditions of Sale of Lederer Timepieces (hereinafter: “General Conditions”) shall apply exclusively to all orders, order confirmations, purchase agreements, after-sales services and deliveries of products and services provided by Lederer Timepieces to Buyer (hereinafter: “Products”).
1.4. Buyer’s general terms and conditions of business shall not apply, even if they do not expressly contradict the present General Conditions.
1.5. Lederer Timepieces reserves the right to amend the General Conditions, including but not exclusively the payment and warranty terms, at any time and without notice. Lederer Timepieces may provide notice of changes to the General Conditions by displaying notices or hypertext links to notices or by simply making the changes on the Lederer Timepieces website (hereinafter: “Website”). Frequent review of the Website by the Buyer is recommended. All agreements concluded on the basis of a previous version of the General Conditions remain unaffected.
1.6. The Lederer Timepieces Privacy Policy, Cookies Policy and Terms of Use of its Website are an integral part of the General Conditions.
2.1. Information provided in the Lederer Timepieces Website, e-mails and letters concerning the Products and their prices shall not be considered as an offer by Lederer Timepieces and are not binding. Such information only represents an invitation to the Buyer to make an offer to conclude a purchase agreement with Lederer Timepieces . It is therefore subject to change without prior notice.
2.2. Photos, images, illustrations and the like, and texts describing the Products appearing on the Website, in e-mails and letters are non-contractual and are for information purposes only. Lederer Timepieces assumes no responsibility for any errors or omissions in the photos, images, illustrations and the like, or texts appearing on the Website in e-mails and letters.
2.3. Photos, images, illustrations and the like, and texts describing the Products appearing on the Website, in e-mails and letters are only approximate indications which may be modified, unless otherwise mutually agreed in writing.
2.4. If a Product is not available, the Buyer can request to be registered on a Waiting List for such Product. In this case, the information provided by the Buyer will be used exclusively for the Waiting List in accordance with the Lederer Timepieces Privacy Policy and Cookies Policy. Registration of the Buyer on the Waiting List is non-binding on either Party.
3.1. Buyer can order available Products by placing an order to Lederer WatcTimepieces hes (hereinafter: “Order”). Any Order placed by the Buyer constitutes a binding and definitive offer to conclude a purchase agreement with Lederer Timepieces for the Products concerned.
3.2. Buyer shall place his Order for Products exclusively by e-mail el@ledererwatches.ch or by postal letter to Lederer Timepieces . In doing so, Buyer acknowledges that he has read, understood, and accepted, without any reservation, these General Conditions as being in force and binding at the time his Order is placed.
3.3. By placing an Order, Buyer agrees to the General Conditions on his own behalf, or on behalf of the entity he represents.
3.4. All Orders must contain clear specifications of all details of the Products as well as all required shipping instructions. Buyer is solely responsible for the correct content and wording of any Order placed.
Order Confirmation
4.1. Lederer Timepieces reserves the right to refuse or modify any Order at its sole discretion, without having to justify its decision. Lederer Timepieces is not obligated to conclude a purchase agreement based on the Buyer’s Order. The type and extent of the services of Lederer Timepieces which are included with the Order are defined in an exhaustive manner in the Order Confirmation. Any additional services requested by Buyer are subject to additional costs and fees
4.2. Once the Buyer and Lederer Timepieces have agreed on the Products and the price, the Buyer shall receive a written confirmation of order from Lederer Timepieces exclusively by e-mail or by postal letter (hereinafter: “Order Confirmation”). The Order Confirmation shall specify the Products’ details, price of the Products, shipping details, the suspensive condition and its term and total amount due with payment terms, including the required down-payment set forth under Art. 6.5 and its due date and the required final payment before shipment, and the preliminary delivery date subject to later reconfirmation.
4.3. The Order Confirmation constitute acceptance of the Order and constitute the existence of a conditional Purchase Agreement, which takes effect only upon fulfilment of the suspensive condition set forth under Art. 4.4.
Suspensive condition
4.4. The Purchase Agreement shall become effective on the date of receipt of the down-payment provided for in Art. 6.5 and indicated in the Order Confirmation on the bank account indicated in Art. 13, on the condition that the amount due is received on the date indicated in the Order Confirmation.
4.5. The payment is considered as received only when Lederer Timepieces can dispose freely of the amount due, which is indicated in the Order Confirmation.
4.6. If the down-payment is not received at the due date specified in the Order Confirmation, the Purchase Agreement is automatically terminated, and Lederer Timepieces shall be free to offer the Products to other parties.
5.1. The manufacture, dimensions and weights of the ordered Products may be subjected to modifications by Lederer Timepieces in the course of their production. Such modifications are deemed as conforming to the Purchase Agreement as long as they do not notably influence the technical characteristics of the Products.
5.2. After the above-mentioned conclusion of the Purchase Agreement (Art. 4.3), any Buyer’s request for modifications to the Order Confirmation are understood as being modifications to the Purchase Agreement (hereinafter: “Purchase Agreement Modification”) and will be strictly subject to additional conditions and costs to be agreed in writing with Lederer Timepieces .
5.3. In case the Buyer cancels completely the Purchase Agreement, the Buyer agrees to forfeit the entire amount of the down-payment set forth under Art. 6.5 for the cancelled Product to indemnify Lederer Timepieces .
Price
6.1. All prices are listed net in Swiss francs, excluding VAT.
6.2. Unless otherwise mutually agreed in writing, the prices are EXW (Ex-Works according to Incoterms), excluding VAT, insurance and shipping costs (even of partial delivery) and also exclude any customs duty, fees, additional taxes or any other remuneration of the authorities and any other ancillary costs.
6.3. In addition, deliveries to countries other than Switzerland may generate customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) which are not taken into account in any of the prices listed by Lederer Timepieces . By accepting these General Conditions, the Buyer agrees to pay any customs duties, taxes or any other costs that may apply in relation to the delivery in another country than Switzerland.
Payment Conditions
6.4. Payments must be made in Swiss francs, without any deductions, to the bank indicated under Art. 13. Any payment is considered as received only when Lederer Timepieces can dispose freely of the concerned amount due.
6.5. Unless otherwise mutually agreed in writing, a down-payment of 50% of the total amount due must be paid after Buyer receipt of the Order Confirmation, by the due date indicated. The remaining 50% of the total amount due must be paid prior to shipment, by the due date indicated in the notification that the Product is ready for shipment.
6.6. Until full payment of the total amount due is received, Lederer Timepieces retains ownership of the Products and may refuse to ship them.
6.7. If the Buyer is not able and/or unwilling to take the Product and/or pay for it after the due date indicated in the notification that the Product is ready for shipment, Lederer Timepieces will send a reminder setting an appropriate period within which the Buyer must perform. Upon expiry of this period, Lederer Timepieces reserves any rights it may have under Swiss law, in particular the right to terminate the Purchase Agreement.
6.8. If Lederer Timepieces terminates the Purchase Agreement due to the Buyer’s non-performance of its obligations set out under Art. 6.5 and 6.7, Lederer Timepieces is free to use the Products in any way it thinks fit and the down-payment set out under Art. 6.5 will be kept by Lederer Timepieces as liquidated damages for losses and costs incurred without any need to further justify or to detail this loss.
6.9. Lederer Timepieces however reserves its right to claim for compensation in the event that the Buyer’s failure to perform its obligations set out under Art. 6.5 and 6.7. causes actual damages in excess of the amount of liquidated damages as set out under Art. 6.8.
7.1. The delivery terms indicated by Lederer Timepieces in the Order Confirmation are approximate. The delivery time calculated is from the date of issuance of the Order Confirmation until the date the Products will be ready for shipment.
7.2. Partial deliveries are allowed, and Buyer is obligated to accept them.
7.3. Lederer Timepieces shall inform the Buyer of any delays and communicate any modified delivery time to the Buyer by email.
7.4. The modification of the delivery terms does not entitle the Buyer to claim damages or withdraw from the Purchase Agreement, since delivery terms are approximate.
8.1. The risk of loss of, or damage to the Products, as well as any additional costs shall pass from Lederer Timepieces to the Buyer upon delivery to carrier.
8.2. If, at the request of the Buyer, shipment is deferred or delayed for reasons not attributable to Lederer Timepieces , the risks and responsibilities are nevertheless transferred to the Buyer at the moment foreseen originally for the delivery to carrier. As of that moment the Products are stored and insured at the expense and risk of the Buyer. The Buyer undertakes to settle any expenses incurred by Lederer Timepieces in this respect at the latest upon shipment of the Products.
9.1. The Buyer is obligated to inspect the delivered Products immediately after receiving them and must inform Lederer Timepieces in writing of any defects discovered by e-mail or registered postal letter.
9.2. Claims for non-conforming deliveries must be received by Lederer Timepieces within 10 (ten) working days following delivery of the Products. By default, the delivery is deemed as conforming.
9.3. Any hidden defects which arise must be notified in writing by the Buyer immediately after discovery by e-mail or registered post letter.
Conditions of the Limited Warranty
10.1. Lederer Timepieces warrants all Products, except for the leather straps, against defects in materials and manufacturing for a period of 36 (thirty-six) months starting from the date of delivery of the Products as indicated in the official Lederer Timepieces Warranty Booklet.
10.2. As set out under Art. 9, the Buyer shall notify Lederer Timepieces of any defects affecting the Products within the warranty period by e-mail or registered postal letter. In the absence of such notification, the Products shall be deemed to be accepted even in respect of such defects.
10.3. Lederer Timepieces shall, at its sole discretion, replace or repair the Products in question, to the exclusion of any termination of the Purchase Agreement or reduction of the price. While waiting for Lederer Timepieces ’ reply, the Buyer shall keep the Products safely in his possession.
10.4. It is strictly forbidden to open the Products, especially the watch case and glass domes, which will void all warranty rights.
10.5. This Limited Warranty does not cover :
10.6. In order to benefit from the Limited Warranty, the Products must be purchased directly from Lederer Timepieces or from a Lederer Timepieces Authorized Retailer.
10.7. This Limited Warranty is valid only if the original Certificate of Warranty is duly completed, dated, stamped and signed by Lederer Timepieces or by the Authorized Retailer from whom the Buyer purchased the Products.
10.8. Any repair work must be performed exclusively by Lederer Timepieces.
10.9. Failure to adhere to any of these conditions voids all warranty rights.
Additional conditions applicable in the United States of America and in Canada :
10.10. This Limited Warranty does not in any way affect consumer rights that are legally recognized by applicable national legislation.
10.11. In the United States of America and in Canada, this warranty is known as a “limited warranty”, limited to the costs of replacement parts and repair.
10.12. Except to the extent prohibited by applicable law, the Limited Warranty set forth above is a limited warranty and shall be the exclusive manufacturer’s warranty in lieu of any other warranties. Neither this limited warranty nor any other warranties, whether express or implied, including but not limited to, any implied warranty of merchantability or implied warranty of fitness for a particular purpose, shall extend beyond the warranty period of 36 (thirty-six) months from the original date of purchase.
10.13. This Limited Warranty gives the Buyer specific legal rights. The Buyer may also have other rights which vary from state to state.
10.14. In addition to the foregoing, all other conditions set forth in the Limited Warranty are applicable in the United States of America and in Canada.
Applicable law and legal consumer rights :
10.15. This Limited Warranty is governed by Swiss law.
10.16. This Limited Warranty gives specific legal rights to the Buyer. The applicable national legislation governing the sale of consumer goods may also give other rights ; those legal rights are not affected by the present General Conditions.
11.1. Lederer Watches may not be held liable towards the Buyer for any loss whatsoever arising in connection with the Products, their use, delivery, or for any damage caused to the Buyer in the execution of the Order, unless such damage is due to willful intent or gross negligence.
11.2. Lederer Watches’ aggregate liability for any damages it has caused shall in any event be limited to the price of the Products paid by the Buyer.
11.3. Lederer Watches shall not be liable for any indirect or consequential damages.
11.4. To the fullest extent permitted by applicable law, Lederer Watches disclaims and excludes all other terms, conditions and warranties in relation to the Products, whether express or implied by statute or arising from any previous course of dealing or usage or trade practice.
Unless otherwise agreed in writing, all intellectual property rights associated with the Products delivered are held exclusively by Lederer Watches.
Credit Suisse SA
CH-2001 Neuchâtel, Switzerland
IBAN: CH8504835110196671000
SWIFT: CRESCHZZ80A
14.1. If any provision of the present General Conditions shall be held null and void, the remaining provisions of the present General Conditions shall not in any way be affected by impaired.
14.2. No modification or replacement of any of the terms or conditions herein shall be valid or binding on either Lederer Watches or the Buyer, unless agreed to in writing and signed by both Lederer Watches and the Buyer.
15.1. The contractual relationship between Lederer Watches and the Buyer, including the Purchase Agreement, is governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2. Any dispute, controversy or claim arising out of or in relation with the present General Conditions or arising out of or in relation with a contract or Purchase Agreement referring to the present General Conditions shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules
15.3. The number of arbitrators shall be one. The seat of arbitration shall be Neuchâtel and the arbitration proceedings shall be conducted in French.