These Conditions of Sale apply to the purchase by you (the "Customer") and the supply by Blancpain SA. ("Blancpain", "we", "us", "our") of any of the products listed on the Blancpain Ocean Commitment Online Shop (this "Website"). By placing an order through this Website, you agree to be bound by and accept these Conditions of Sale as applicable to your purchase in the version published on the Website at the time when the order is placed.
By placing an order through this Website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
We have the right to revise and amend these Conditions of Sale from time to time. Amendments take effect from the date on which they are published on the Website. The invalidity or unenforceability of any provision of these Conditions of Sale do not affect or impair in any way the validity, legality and enforce ability of the remaining provisions contained herein.
Use of products
Products purchased through this Website may be used (incl. copied) for non-commercial, educational, private or domestic purposes only. Any copying of products is permitted only if any copyright or other proprietary notices are not removed and if the relevant sources are indicated. Use over and above that is only admissible if BLANCPAIN has given express consent in advance.
The content of all products offered for sale on this Website is copyright protected and/or otherwise proprietary to BLANCPAIN and/or third parties. The mark "BLANCPAIN", “FIFTY FATHOMS” and all other marks proprietary to BLANCPAIN as shown on the products are subject to the trademark rights of BLANCPAIN. The content of the purchased products (incl. trademarks) may not be used in connection with any product or service that is not offered by BLANCPAIN in any manner that is likely to cause confusion among customers or in any manner that discredits or disparages BLANCPAIN.
Your order for a product shall be regarded as an offer to purchase a product under these Conditions of Sale. Product descriptions are correct at the date of publication but are subject to availability or change without notice.
Orders are subject to acceptance by BLANCPAIN and availability of the ordered products. BLANCPAIN cannot be responsible for errors in typography or photography. If a product ordered is not or no longer available, we will notify you by email and you will have the option either to wait until the item is available from stock (if not sold out) or to cancel the order. We will confirm acceptance to you by sending you an order confirmation (invoice) by email and this will constitute a binding contract between you and BLANCPAIN.
We are free to apply restrictions on the number of products purchased by the same person (within one or several orders).
The price of any product will be as displayed on this Website, except in cases of obvious error. Prices charged are in Swiss Francs (CHF), and inclusive of delivery costs as set out in the ordering process and on the invoice, determined on the basis of the type of delivery and destination address. For deliveries within Switzerland, prices charged also include statutory VAT. For all other countries, prices are charged without VAT; the Customer is responsible for any and all taxes, duties and other fees to be paid locally upon importation of a product.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
Payment can be made by Paypal payment service as detailed in the ordering process. We will display the price that you have to pay on the invoice. We will not charge your Paypal account until we dispatch your order. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time and if the failure constitutes a material breach of our agreement.
All credit card holders are subject to validation checks and authorisation by the card issuer. We may share the credit card holder's personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We only deliver to end customers in the countries indicated in the order process. If a requested country of dispatch is not one of those available at the time of the order, please contact us at customerservice [at] blancpain.com.
We will confirm the shipping date (including tracking number, if shipped by courier) and approximate delivery time during the order processing and on the invoice by issuing you a shipping notice by email. The place of delivery is as chosen by the Customer and stated on the invoice. For practical reasons, we may deliver several products from the same order in instalments, which we will communicate to you with the shipping notice.
Delivery will usually take place less than 30 days after the date of order. The delivery time indicated is not binding. If we cannot deliver within 30 days, we will contact you to advise you of the actual date of delivery. If you refuse the revised delivery date and we are unable to deliver the product within 30 days of the original date of your order then you may cancel the order without charge and obtain a full refund.
Acceptance, Return, Replacement
Upon receipt of the product, you must immediately check that the delivery is complete and correct and inform us of any missing product or damage or defects without delay by writing to customerservice [at] blancpain.com.
If the product delivered is not to your satisfaction, you may cancel the contract between you and us for any reason by writing to customerservice [at] blancpain.com and returning the product until, but no later than the end of the 14th calendar day after the day of receipt of the product, without incurring any obligation or liability to BLANCPAIN.
If a product is damaged or defective at the time of delivery, or if you cancel the contract within the 14-day cooling-off period, you must return the product with proof of purchase in its original condition (unused and undamaged in case of contract cancellation) to the following address:
Chemin de l'Etang 6
1094 Paudex – Switzerland
Products returned by you because of a damage or defect will be replaced and resent as soon as possible without any further costs or, at your request, refunded in full, including a refund of the delivery charges for sending the item to you, and in both cases of the cost incurred by you in returning the item to us. Products returned by you within the 14-day cooling-off period will be refunded3 in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Except for cases of intent or gross negligence, We shall not be liable under or in connection with these conditions for: (a) any special, incidental, punitive, consequential or indirect: loss; damage; cost; and/or expense; or (b) any lost profits, lost goodwill (or any other damage to reputation), business interruption, loss of opportunity, or lost data, in each case whether direct or indirect.
Applicable law and jurisdiction
These conditions are governed by and interpreted in accordance with Swiss law, without giving effect to its rules or conflict of laws and regardless of the place of its physical execution or performance. The application of the UN Convention on Contracts of the International Sale of Goods (CISG) is excluded.
To the extent legally permissible any disputes relating to these conditions shall be dealt with exclusively by the ordinary courts in Biel/Bienne, Switzerland, without restricting any right of appeal. Blancpain is also entitled to bring legal action before the competent court of the user's domicile. Notwithstanding the above, each of the parties shall, however, be authorised to seek interim orders and injunctive measures before any competent authority worldwide.