TERMS & CONDITIONS
This website is operated by FORTIS Watches AG (hereinafter also referred to as “FORTIS”, “we”, “our” or “us”). Through use of this website, you, the user, confirm your agreement to the terms and conditions outlined below. FORTIS is permitted to revise these terms and conditions without notice, with amended terms and conditions taking effect for all users immediately. As a result, you should refer to these terms and conditions regularly. These terms & conditions are furthermore applicable to all existing subdomains.
Website Use
The website design and content – including but not limited to all text, graphics, information and other material – that is presented on or readily downloadable from this website are either property of, or displayed with prior permission by, FORTIS Watches AG. This website’s content may not be used outside the use permissible by these terms and conditions unless written approval has been granted by FORTIS. You agree to refrain from any activity that could cause damage to this website. You agree to not access or attempt to access other users’ account information. You also agree that you will not breach nor attempt to breach any security measure enforced on this website.
Terms of Sale
All sale and purchase contracts concluded through the use of this website will be subject to these terms and conditions and governed by Swiss Law.
The full payment for all orders must be made by bank transfer, by PayPal or credit card (we accept AmEx, Visa, Master Card) at the time of placing your order, of which details must be given at the time of placing your order. We reserve the right to exclude specific payment types.
Through ordering goods from this website, you agree to allow FORTIS to verify your card details with your card issuer. We will do our best to ensure that any such checks are completed as soon as is reasonably possible. However, please note that we refuse to take responsibility for any delays caused by undertaking such checks.
You will receive an email of acknowledgement confirming the receipt of your order soon after its submission by you. However, please note that this does not constitute acceptance of your order. A contract between us shall not be formed until we send confirmation via email, declaring the dispatch of your goods. You are therefore permitted to cancel your order at any stage before receiving this confirmation email of dispatch.
We do our best to ensure that the information presented to you on this website is accurate (please see section titled “Information Accuracy”). However, please note that under the circumstances upon which information inaccuracies are discovered, we reserve the right to refuse your order at any point and will notify you by email or telephone as soon as possible where that is the case.
Dispatch times will vary according to availability. If dispatch is affected by delays resulting from postal issues or other causes outside our control, you agree to not hold us responsible for such inconveniences.
Listed prices on this website are displayed in Swiss Francs (CHF). When purchasing goods from outside Switzerland or Liechtenstein, all payments will be taken in this currency. Listed prices are inclusive of Swiss VAT. The total price you pay us for products is always the same, regardless of whether or not Swiss VAT is chargeable on the sale.
Where you're not a Switzerland resident and you've ordered products for delivery to a non-swiss address, both the products and the delivery service will normally be zero-rated, with no Swiss VAT chargeable on either. However, the price paid by you for the products and delivery services will remain the same as shown on the website.
Listed prices are exclusive of any chargeable import taxes or duties implemented by the destination country of the order recipient. As the person placing the order, you agree to be liable for any such charges associated with your order. Listed prices also exclude delivery costs. Delivery costs will be additionally charged at the final stage of checkout.
Information Accuracy
We do our best to ensure that all information displayed on this website is complete, current and accurate. However, please note that information may occasionally be incomplete, may become outdated or may be or become inaccurate. FORTIS makes no representation as to the validity of information presented on this website and reserves the right to make changes to all information without notice.
Please note that all product weights, measurements and specifications are approximate and are only listed for customer convenience. We attempt to display all product colours on this website accurately, however please note that the colour seen by you will be subject to the display settings on your personal device used to access this website. We cannot therefore guarantee that an accurate representation of product colours can be seen by you. Similarly, it is possible for us to experience marginal colour variants between orders from our suppliers, particularly with our leather goods, due to natural colour variants in different parts of the hide. Through the use of this website and purchase of FORTIS goods through it, you accept that all product specifications have the potential to vary marginally.
We attempt to update stock availability frequently on this website yet there may be occasions where this information is incorrect. The inclusion of products and services on this website does not guarantee all products and services to be available at any time. Through the use of this website, you accept that FORTIS shall not be obliged to sell you goods that display inaccurate information on this website.
Delivery
We deliver worldwide except for Germany. If you are from Germany we ask you to visit a local authorized dealer. Our dealers can be found on our website. If you can not find the desired product on site, please contact us (info@fortis-swiss.com).
Warranty
If you are a consumer and you place the order with us for a purpose which can be attributed neither to your commercial nor your professional activity, the warranty is subject to the statutory provisions.
Insofar as we have issued warranties, we provide them in relation to new goods and to services in accordance with the following conditions:
We guarantee that every new watch purchased from us is free of defects in materials and workmanship (durability warranty). On purchasing a watch, the Customer is given a warranty card. The warranty period is two years from the date of purchase, unless a different warranty period is stated in the item description or on the invoice.
Furthermore, a durability warranty is provided on all services performed by us (including but not limited to repairs). This warranty for services refers exclusively to the work performed and parts replaced. The warranty period for services is two years from notification of readiness to ship or return the watch to the Customer.
The Customer is obliged to inform FORTIS immediately after becoming aware of a potential warranty claim so as to avoid consequential damages. FORTIS will inspect the watch received from the Customer upon delivery. If a warranty claim is determined, we will repair the watch at no extra cost to the Customer. If a second repair is unsuccessful, FORTIS will provide the Customer with a new watch or a similar model in accordance with the warranty on new goods.
Customers wishing to make a warranty claim must return the watch to us along with proof of purchase (invoice) and the warranty card and a detailed description of the fault. In the event of a claim, we shall bear the return cost as well as the transport risk, as long as the transport company stipulated by us is used. Otherwise, the Customer shall bear the return cost and transport risk. Any costs incurred for customs, import duty or other fees charged by the recipient country for returning the watch are to be borne by the recipient.
Any person having purchased a FORTIS watch from an authorized FORTIS retailer can claim cover under the international warranty by showing the FORTIS international warranty card to any authorized FORTIS retailer or distributor, as well as to any authorized FORTIS service center.
Your FORTIS watch is guaranteed against any manufacturing defect for a two-year period. The warranty takes effect as of the date of purchase of the watch.
The international warranty card will be honoured by official FORTIS partners worldwide providing this card has been signed or stamped at the time of purchase by an authorized FORTIS retailer. When the international warranty has been activated, the following information appears on the card:
Reference No., Case No., Date of purchase, signature and / or stamp of the authorized dealer.
The present warranty does not cover:
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theft, loss, acts of God, natural disasters and accidents (blows, shocks or crushing, etc…)
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damage resulting from mistreatment or improper use
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damage resulting from any tampering with the watch by any party whatsoever other than an authorized FORTIS service center
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wear and tear from normal use and ageing of the watch
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water resistance problems and their consequences if the water resistance tests have not been performed every two years
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applications for the repair of a watch of which the warranty card has not been activated.
Also excluded from the warranty on services are:
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Older watches that cannot be restored to complete working order.
We will not grant warranty for watches bought on the grey market which means unauthorized sellers.
This warranty shall not affect the implied warranty rights of the Customer.
Return policy
FORTIS accepts returns on all items within 14 days of receipt. The acceptance of every return is dependent upon the following conditions:
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Before returning or attempting to exchange any items purchased from the online boutique, you must email to receive a reference number that must then be displayed on the outer packaging of the return item.
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All unwanted items must be returned to: FORTIS Watches AG, Lindenstrasse 45, 2540 Grenchen, Switzerland.
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Each unwanted item must be returned in an identical condition to that in which it is received by you, defining this condition as: new, unworn, unaltered; displayed in its original packaging with all supplied papers. Please note: FORTIS inspects all products for quality assurance immediately prior to despatch.
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You take responsibility for the safe and secure return of any unwanted goods, agreeing that FORTIS is not liable for any adjustments or damages made by a third party.
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Unwanted goods must be returned using a traceable, reliable and insured method. The return postage must be pre-paid and all returned goods must be fully insured for the credit amount you expect. Should the return parcel incur loss or damage, you will be liable for the costs associated with said loss or damage.
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Disregarding original manufacturing defects where relevant: if an item is returned damaged and or is in need of any refurbishment, the costs associated with any relevant repairs and or refurbishment will be deducted from any refund otherwise due to you.
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You may be eligible to exchange an item should any unwanted goods be returned in identical condition as received. However, please note that FORTIS is not obliged to agree to make any exchange and is entitled to treat any attempted exchange of goods as a simple return. Notwithstanding the above, any exchanges are subject to availability (and any balance of the purchase price owed being duly paid together with additional postage and or other despatch costs of the exchange item).
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Returns made in accordance with these conditions will be credited to the original payment method and will be made within 14 days from receipt of return. Costs for shipping and customer`s costs for returns (shipping, etc.) will not be refunded.
Revocation instructions - Right of revocation
You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.
The revocation period is fourteen days from the day on which you, or any third party designated by you who is not the carrier, takes possession of the goods.
To exercise your right of revocation, you must inform us (FORTIS Watches AG, Lindenstrasse 45, 2540 Grenchen, Switzerland, telephone: +41 326533361, e-mail: webshop@fortis-swiss.com) of your decision to withdraw from this contract by means of a clear statement (e.g. e-mail or a letter sent by post). You may use the attached template revocation form for this purpose, although its use is not compulsory.
Sending notification stating that you wish to exercise your right of revocation within the revocation period is sufficient to meet the cancellation deadline.
Consequences of revocation
If you withdraw from this contract, we will refund all payments that we received from you, excluding shipping costs, without delay and at least within fourteen days from the day we received the notification of withdrawal from this contract. We will use the same method of payment for reimbursement that you used in the original transaction, unless otherwise expressly agreed upon with you; you shall not be charged any fees for reimbursement. We may refuse reimbursement until the goods have been returned to us or until you have demonstrated that you have shipped the goods back, whichever comes first.
You shall ship back or deliver the goods to us without delay and in any event, not later than fourteen days from the date on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before expiry of the fourteen-day period. You shall bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods if a test of the nature, characteristics, and functioning of the goods shows that the loss in value is due to your unnecessary handling of them.
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and the production of which an individual choice or decision by the consumer is required, or which are clearly tailored to the personal needs of the consumer. For example personal engravings.
Consumers’ right of revocation for services (inspection, repair, retrofitting or reconditioning, etc.)
The following right of revocation is only applicable to consumers in relation to the distance selling of goods when ordering services:
Template revocation form for consumers
(If you would like to withdraw from the contract, please complete this form and send it back.)
To
FORTIS Watches AG
Lindenstrasse 45, 2540 Grenchen, Switzerland
Telephone: +41 326533361
E-mail: info@fortis-swiss.com
I/We (*) hereby revoke the contract concluded by me/us (*) relating to the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if paper communications are used)
Date
(*) Delete as appropriate.
Privacy policy
FORTIS respects your right of privacy and is committed to maintaining your confidence and trust. This Privacy Policy (the “Policy”) describes the privacy practices of the fortis-swiss.com website (the “Website”) and possible subdomains (e.g. different language subsites). The Policy applies to all the types of information collected from you while you are using the Website and to the way in which FORTIS uses and shares this information.
Please read the following carefully to understand our policies and practices regarding the treatment of personal information. This Policy does not apply to the information you provide to FORTIS or to the information that FORTIS may collect offline and/or through other means. It also does not apply to the information collected by another affiliated or third party website or application that may link to or be accessible from the Website.
Type of information
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
FORTIS does not collect your personal information from you without your knowledge or permission and does not ask you for such information to access and use the Website.
Like many websites, the Website may actively collect and store personal information that you supply voluntarily while on the Website, including sharing webpages via e-mail or by permitting you to communicate directly with FORTIS via e-mail in connection with the Website.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
Your Consent
By using the Website, you agree that whenever you submit personal information via the Website, FORTIS can collect, use, and disclose that information in accordance with this Policy.
Why do you collect such personal information?
We collect such Non-personal and Personal Information for the following purposes:
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To provide and operate the Services;
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To provide our Users with ongoing customer assistance and technical support;
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To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
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To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
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To comply with any applicable laws and regulations.
Store, use, share and disclose your site visitors' personal information
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
How do we communicate with our site visitors?
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
Withdraw of consent
If you don’t want us to process your data anymore, please contact us at info@fortis-swiss.com or send us mail to:
Fortis Watches AG, Lindenstrasse 45, 2540 Grenchen, Switzerland
For our direct email marketing you can always unsubscribe by clicking on the "unsubscribe-link" stated in every single email generated by mailchimp.
Interaction with data collection platforms and other third parties
MailChimp widget
FORTIS does use MailChimp in order to manage contact sending messages. Via MailChimp the following data is collected: email address, first name and last name. For more information on the privacy policy of Mailchimp please visit www.mailchimp.com/legal
Analytics
Google Analytics, Wordpress Stats and Google Analytics with anonymized IP
Collected Personal Data: Cookies and Usage Data
Contact form (POWR)
Collected Personal Data: email address, first name and last name plus indivudual information to operate personal requests.
FORTIS does use POWR Plugins in order to manage personal messages (Service and repair requests, etc.). Via POWR the following data is collected: email address, first name and last name plus further given information neccessary to operate a clear customer communication. This might also include customer picture upload. For more information on the privacy policy of POWR please visit www.powr.io/privacy
FORTIS may collect the following information from you:
The personal information you voluntarily provide to FORTIS, such as your full name and email address.
Passive information collected as you use the Website, which may include your IP address, cookies and web beacons.
Information you voluntarily provide:
Personal information that you provide when prompted by the Website. This includes certain functions on the Website, such as sending a message via email to yourself or someone else regarding Website-related content. If you wish to use this feature, you may provide FORTIS with your or your friend's e-mail address so that we can facilitate the sending of the message.
Records and copies of your correspondence (including e-mail addresses), if you contact FORTIS.
Information such as IP addresses, cookies and web beacons:
As you navigate through the Website, certain information may be passively collected (that is, gathered without you actively providing the information). FORTIS may collect information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information to the advertisers. This is statistical data about the users' equipment, browsing actions and patterns, and does not identify any individual.
The Website may use “cookies” to collect information about how the Website is used which allows FORTIS to enhance your experience and the Website's user‑friendliness. A "cookie" is a bit of information that a web browser can store on your hard drive that helps the Website remember information about you and your preferences. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. If you are simply browsing the Website, a cookie only identifies your browser.
Pages of the Website may contain electronic images known as web beacons (also referred to as single-pixel gifs) that permit FORTIS to count users who have visited those pages and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity). Web beacons are not used to access your personal information and data on the Website and are only used to compile aggregated statistics concerning use of the Website.
The Website is not intended for children under the age of 13. No one under the age of 13 may provide personal information and data to the Website and FORTIS will not knowingly collect information from Website visitors in this age group.
Cookies:
Cookies are implemented in every site built by Wix. Take a look at the table below to view which cookies Wix implements on Wix sites: not included in the table below might be cookies used by third parties.
Use and Disclosure of Information and Personal Data
Subject to the terms of this Policy, FORTIS may use your information and personal data to improve the content of the Website, to customize the Website to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in this Policy. Any information and personal data you provide through the Website will not be sold, rented or published.
In addition, FORTIS may disclose your information and personal data to third parties listed below, all of which agree to treat it in accordance with this Privacy Policy:
FORTIS subsidiaries and affiliates;
Contractors and service providers FORTIS uses to support its business and its Website, i.e. technical support, Official FORTIS Retailers, etc.;
Finally, when required by applicable laws or court orders, FORTIS may disclose your information and personal data.
Security
Protecting your information and personal data is of primary concern to FORTIS. The information and personal data that is collected is stored on secure servers and FORTIS otherwise takes reasonable precautions to protect it.
However, FORTIS cannot warrant and does not represent that our level of security meets or exceeds any specific standards. No internet transmission is 100% secure, nor is stored data free from vulnerabilities. FORTIS cannot guarantee the security of the Website, databases or services, nor can FORTIS guarantee that the personal information you supply will not be intercepted while being transmitted over the internet. FORTIS is not responsible for the actions of third parties.
Right of Access, Modification, Correction and Removal
You have the right to access, modify, correct and remove your personal information and you may contact FORTIS at any moment in this regard.
Changes to this Privacy Policy
FORTIS reserves the right to modify, alter or otherwise update this Policy from time to time and you agree to be bound by such modifications, alterations or updates. If this Policy changes, the revised policy will be posted on the Website. Please check back periodically and/or before you provide any personally identifiable information.
FORTIS is committed to ensuring the security of your personally identifiable information. However, please note that you accept responsibility for ensuring the confidentiality of your account details and password, agreeing to be responsible for all actions undertaken under your account name or password.
Disregarding personally identifiable account information: any material, proposal, concept, method, question or other comment you communicate to us through this website or alternative channels will be considered non-confidential and non-proprietary. You hereby grant us the right to use such communication for any purpose, including but not limited to: disclosure, publication and posting as well as in relation to the development, reproduction and marketing of new or existing FORTIS products.
Limits on our Liability
Through the use of this website you accept that FORTIS take no responsibility over any damages or viruses that may infect your personal device or other property resulting from the access, use or browsing of this website, including but not limited to anything arising from the downloading or attempted downloading of any materials presented on this website. These damages include without limitation those arising from lost profits, lost data or business interruption, whether based on warranty, contract, tort or any other legal theory.
We are also not liable for failure to meet any of our obligations outlined in these terms and conditions where such failure is caused or results from events beyond our reasonable control.
Nothing in these terms and conditions is intended to affect your rights under the law.
Trademarks
All trade marks, logos and service marks Including product names presented on this website are both registered and unregistered trademarks of FORTIS or are licensed for use by FORTIS by third party organizations. Nothing on this website grants or should be construed as granting any license or right to use any trade marks, names, service marks or logos displayed on this website to or by you or any other person without our prior written permission or the prior permission of any such third party owner.
General Provisions
Unless otherwise detailed, the data and materials contained within this website are presented for the purpose of promoting the products and services of FORTIS Watches AG. FORTIS make no representation that the material presented within this website is suitable or accessible in all countries of the world. Users accept responsibility for using this website at their own risk, complying with relevant local or country laws. You agree through the purchase of any FORTIS product via this website that all such products will be used in a lawful manner only. FORTIS’ products are available for purchase in multiple parts of the world but we may list items that are not obtainable worldwide.
These terms and conditions are available in the English language only and are governed by the laws of Switzerland.
FORTIS Watches AG is registered under the following address: Lindenstrasse 45, 2540 Grenchen, Switzerland. Our VAT number is CHE 134.921.950
If you have any comments about FORTIS Watches AG, please call our customer service team on + +41 32 653 33 61, Monday to Friday (excluding Swiss bank holidays) between the hours of 9:00am and 4:30pm (GMT+1). Alternatively, please email info@fortis-swiss.com. Please note that emails will be answered only during the above hours. We will endeavour to answer all email enquires within one business week of receipt.
Date of posting: [29th Ocotber 2018]