Terms and Conditions

Conditions of Sale

1. GENERAL INFORMATIONS

Our range of goods in the online store is aimed at consumers worldwide. Operator of the Online Shop under www.hkoblerwatches.com is:

Hermann Kobler Watches GmbH

Ebnetrain 16

CH – 6045 Meggen

Switzerland

With an order on hkoblerwatches.com you confirm the terms and conditions (GTCs) between you and Hermann Kobler Watches GmbH in the version applicable at the time of the order. These terms and conditions apply only to the purchase of products through the online store.

These Terms and Conditions apply to the sale and delivery of the products listed on http://www.hkoblerwatches.com to customers worldwide. Please read these Terms and Conditions of Sale and Delivery carefully before ordering products from this website/webshop.

You can view these terms of sale and delivery at any time on the website of Hermann Kobler Watches GmbH.

Click at the end of the order process on the button “I accept the terms and conditions of sale and delivery of Hermann Kobler Watches” if you agree with these terms and conditions. Please understand that if you reject these terms and conditions of sale and delivery, you will not be able to order products from this website.

This website is operated by Hermann Kobler Watches GmbH, Ebnetrain 16, CH-6045 Meggen Switzerland. Phone: +41 41 377 01 01. E-mail: info@hkoblerwatches.com.

Hermann Kobler Watches strives to display the colours and shapes of the products offered on this website as accurately as possible. However, the shapes and colours displayed on the screen depend first of all on the representation on the respective screen and may therefore slightly differ from the actual colours and shapes of the products.

2. YOUR STATUS

By submitting an order on this website, you guarantee the descendant:

– You have the right to conclude legally binding contracts;

– you are at least 18 years of age.

3. PURCHASE OF GOODS, ORDER PROCESS

Your order for a product on this website is an offer to purchase a product in accordance with these terms and conditions of sale and delivery.

Once you place an order, you will receive an e-mail from us confirming that we have received your order. Please note that this does not mean that your order has been accepted.

Orders are subject to acceptance by Hermann Kobler Watches.

If the products you ordered are not available, we will notify you by e-mail and you can wait until the product is in stock or cancel the order.

We confirm that we have accepted your order by sending you an order confirmation e-mail with information about the estimated delivery time. This creates a binding contract between you and us.

This contract is only valid for products whose shipment has been confirmed by us in the order confirmation. We are not obliged to deliver other products that may have been part of your order unless the shipment of these products has been confirmed on a separate order confirmation.

4. PRICE AND PAYMENT

The price of a product corresponds to the respective information on this website, except in case of obvious error. The prices quoted include the applicable VAT rate, but do not include shipping costs; these are stated separately when the offer is made. Before the order is placed, the individual prices, including shipping costs, are shown separately and as a total price.

Our website contains a large number of products, and although we do our best, some of the products listed on our website may not be priced correctly. We usually verify the accuracy of prices as part of our shipping process. If the correct price for a product is lower than the price we quote, we will charge the lower amount when the product is shipped. If the correct price is higher than the price indicated on the website, we will, at our discretion, contact you before shipping the product or decline your order and notify you of such a decline.

We will not be obliged to ship you a product at an incorrect (lower) price if the pricing error is obvious and unambiguous and you could reasonably have recognised it as an incorrect price, even if we have already sent you an order confirmation with an incorrect price.

Payment can be made with the credit cards mentioned in the order process. We will indicate the price to be paid in the order confirmation. Payment must be made before the products are delivered. If you pay by credit card, your credit card will be charged with the full amount due shortly before the products are shipped. We may suspend delivery of the products until full payment is received.

All credit card holders are subject to validation and approval checks by the card issuer. We are authorised to exchange the cardholder’s personal data required for these checks with third parties (card issuer and any other third parties involved in the payment process). If the card issuer refuses to authorise payment, we are not liable for delays or non-delivery.

5. DELIVERY

We supply the whole of Switzerland as well as internationally. The goods will be delivered directly to the given address. The delivery time within Switzerland is normally 2 – 3 working days (Mo-Fr), but delivery delays are reserved in exceptional cases. For deliveries abroad, 5-7 working days (Mo-Fr) must be expected. Claims for damages due to delayed or omitted deliveries are excluded. Payments already made will be refunded.

We will inform you about the shipping date (including the tracking number of the package) by means of a packing list. Shipping cost CHF 5.80 (within Switzerland), unless otherwise stated on this website, especially for urgent shipments.

The place of delivery corresponds to the information contained in the order confirmation.

If we cannot meet the estimated delivery time stated in the order confirmation, we will contact you immediately to inform you of a future delivery date. If you reject the new delivery date, you can cancel your order free of charge and will be refunded the purchase price paid for the product(s).

6. SHIPPING COSTS

Some shipping costs of CHF 5.80 are charged for delivery within Switzerland. There is no minimum order value. Shipping abroad is charged with a flat rate from CHF 35.00-50.00 per order depending on the destination. Hermann Kobler Watches is not responsible for any additional fees that may apply after a purchase on hkoblerwatches.com has been completed. Additional costs such as customs duties or customs clearance fees are the responsibility of the buyer.

7. TRANSFER OF OWNERSHIP

Ownership of the product is transferred upon full payment of the purchase price (including shipping costs) or delivery of the product, whichever is later. We are entitled to demand the delivered products in case of a violation of these terms and conditions of sale and delivery at any time before the transfer of ownership.

8. REVOCATION INSTRUCTION

RIGHT OF WITHDRAWAL

You have the right to terminate the contract within fourteen (14) days without giving reasons.

The cancellation period is fourteen (14) days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise your right of cancellation, you must inform Hermann Kobler Watches GmbH, Ebnetrain 16, CH-6045 Meggen, Switzerland. Phone: +41 41 377 01 01. E-Mail: info@hkoblerwatches.com by a clear explanation (e.g. a letter by mail or e-mail) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

CONSEQUENCES OF THE WITHDRAWAL

If you withdraw from this contract, we will grant you all payments we have received from you, including shipping costs (except for the additional costs resulting from choosing a shipping method other than the cheapest standard shipping method we have offered you), which will be refunded immediately and no later than fourteen days after the date we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless we have expressly agreed otherwise with you, and under no circumstances will we charge you a fee for this refund. We may refuse your refund until we have received the goods (including gifts) or until you have provided proof that you have returned the goods, whichever comes first.

You must return or deliver the goods to us immediately, but no later than fourteen days after you have notified us of your termination of this agreement. This period is deemed to have been observed if the goods are dispatched before the end of the fourteen-day period. We shall bear the costs of returning the goods. You only have to pay for a loss of value of the goods if this loss of value is due to a treatment of the goods that is not necessary to check the nature, properties, and functionality of the goods.

9. WARRANTY

All watches offered for sale on this website are covered by the 24-month international warranty (International Warranty Certificate) of the manufacturer Hermann Kobler Watches, Meggen, Switzerland, for defects in material or workmanship. The complete warranty conditions can be found on the International Warranty Certificate that accompanies each watch or as a PDF on this website.

Claims under this warranty can be made through an authorised Hermann Kobler Watches dealer or by returning the product to Hermann Kobler Watches GmbH. The return shipment must be accompanied by the duly completed and stamped international warranty certificate.

If you wish to return products under this warranty, please request a free shipping label from our customer service department by e-mail info@hkoblerwatches.com. All returns under this warranty must be sent by mail to the following address

Hermann Kobler Watches GmbH

Ebnetrain 16

CH-6045 Meggen

Switzerland

In the event of unjustified claims that are not covered by the international warranty of Hermann Kobler Watches GmbH (e.g. normal wear and tear of the product, defects caused by improper handling, expired warranty period, etc.), Hermann Kobler Watches reserves the right to charge you for the reasonable costs incurred in examining and returning the product.

The warranty of Hermann Kobler Watches GmbH does not limit in any case the warranty rights to additional services, price reduction, termination, and compensation to which the buyer is legally entitled.

10. EXCLUSION OF LIABILITY

Hermann Kobler Watches is liable for warranty claims and other legal grounds – in particular claims for damages, organisational fault, culpa in contrahendo or other claims arising from tort – only if Hermann Kobler Watches or its indirect vicarious agents wilful misconduct or gross negligence or if the damage is due to the violation of essential contractual obligations or claims under the Product Liability Act. Essential contractual obligations are obligations whose fulfilment the proper execution of the contract at all possible and on whose compliance the customer may regularly rely. The aforementioned exclusion of liability in cases of simple negligence shall not apply to damages resulting from injury to life, body or health or in the case of the assumption of a guarantee of quality or the fraudulent concealment of a defect in accordance with iSV § 444 BGB. In these cases, Hermann Kobler Watches is also liable in case of simple negligence of their legal representatives or agents.

11. IMAGE AND TEXT RIGHTS

All image, sound, and text rights, which are used on the website of the online store are owned by hkoblerwatches.com. A use of any kind without our express consent is strictly prohibited.

12. DATA PROTECTION

You agree that your data will be registered and processed in the database of hkoblerwatches.com. For further information regarding data protection, please see “Privacy Policy”.

13. APPLICABLE LAW, JURISDICTION

These general terms and conditions and the use of the online store are subject to Swiss law. Place of jurisdiction is Lucerne.

The sales law of the United Nations (CISG) does not apply.

14. ADDITIONAL COSTs

All further additional costs (e.g. customs duty, VAT) charged in the destination country will be paid by the product recipient (customer).

15. MISCELLANEOUS

0. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding for you and us and our respective legal successors. You may not transfer, assign, encumber or otherwise dispose of the right to deliver the goods ordered under this contract without our prior written consent.

1. SEVERABILITY CLAUSE

If any provision of these Terms and Conditions of Sale and Delivery is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.

2. ELECTRONIC COMMUNICATION

By using our website, you agree to communicate with us electronically to the extent permitted by law. We will contact you by e-mail to the address you provide, or we will write to you by mail to the address you provide.

3. HERMANN KOBLER WATCHES CONTACT ADDRESS

All messages addressed to us are to be addressed to Hermann Kobler Watches GmbH, Ebnetrain 16, CH-6045 Meggen, Switzerland or info@hkoblerwatches.com.

4. EXCLUSION OF LIABILITY

If at any time during the term of the agreement with you we fail to perform any of your obligations under the agreement or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you of your obligations. Any waiver by us of any claim for non-performance or improper performance shall not be deemed a waiver of any subsequent claim for non-performance or improper performance. No waiver by us of any of these rights shall be effective unless expressly stated to be a waiver and communicated in writing using the contact information provided above.

5. INSTRUCTION FOR BATTERY DISPOSAL

Used batteries must not be disposed of with household waste. You are legally obliged to return used batteries. After use you can return the batteries free of charge to the seller or to the designated collection points (e.g. municipal collection points or stores).

Used batteries may contain harmful substances or heavy metals which, if not properly stored or disposed of, may harm the environment or health. However, batteries also contain important raw materials such as iron, zinc, manganese, or nickel and can be recycled.

The crossed-out wheeled garbage can symbol means that batteries and accumulators must not be disposed of with household waste. Some batteries that contain harmful substances are also marked with the following symbols below the symbol of the crossed-out wheeled garbage can

Pb: The battery contains more than 0.004 mass percent of lead.

Cd: The battery contains more than 0.002 mass percent cadmium.

Hg: The battery contains more than 0.0005 mass percent of mercury.

We will not participate in any dispute resolution proceedings before a consumer arbitration panel.

GTC of the company Hermann Kobler Watches GmbH from 03. September 2020 – Version 1.0

This version replaces all previous GTC versions

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Privacy policy

We know that your personal information is important to you, so it is important to us. Details of our privacy policy and how we use your information when you use our services;

1. the following privacy policy applies when you access the Hermann Kobler Watches GmbH website, browse the website, and use its services, even if you do not purchase products.

2. the owner of the information collected by this website is Hermann Kobler Watches GmbH with its registered office at Ebnetrain 16, CH-6045 Meggen in Switzerland.

3 Hermann Kobler Watches GmbH is committed to protecting your privacy. The information you provide us during the ordering process will only be shared with third parties to process orders and assist us in providing administrative emails. Hermann Kobler Watches GmbH will do its best to ensure that your confidential information remains secure. Hermann Kobler Watches GmbH will keep your e-mail address confidential. In addition, Hermann Kobler Watches GmbH will only collect and use your information for marketing purposes that relate to Hermann Kobler Watches GmbH, but we will not sell, give, or distribute your address to third parties not affiliated with Hermann Kobler Watches GmbH. Users cannot choose not to receive administrative emails, such as order confirmation messages. When you place an order, we ask for your name, e-mail address, mailing address, billing address, and credit card number with expiration date. This information allows us to process and fulfil your order and keep you informed of the status of your order. Hermann Kobler Watches GmbH uses your shopping data to provide you with a more efficient and pleasant shopping experience. We also monitor customer traffic patterns and website usage to help us develop the content, design, and layout of the website.

4. cookies are small data files that are automatically stored on your computer when you visit our websites. Cookies are used to track the pages of the websites you visit and do not store any personal information such as your name, address, or financial information. We may use cookies to enable you to use certain features of the site, remember items in your shopping cart, store your preferences, recognise you when you return to our site, track your orders, and track and store information about your use of our sites. By using our websites, you consent to the placement of cookies on your computer. You may occasionally receive cookies from our business partners or other third parties. We have no access to or control over these cookies. Most internet browsers automatically accept cookies, but if you do not wish to have cookies on your system, you can adjust your browser settings to reject them or to notify you when cookies are sent. To disable cookies, please refer to the “Help” section of your browser for instructions.

5. Hermann Kobler Watches GmbH considers the information you provide to us to be personal and confidential. We do not sell, trade, or rent your personal information to others. Hermann Kobler Watches releases personal account information in good faith when we believe such release is reasonably necessary. This includes complying with the law; enforcing or enforcing the terms of any of our agreements with you; or protecting the rights, property, or safety of Hermann Kobler Watches GmbH, our customers, or others.

6. Hermann Kobler Watches GmbH is concerned about the privacy of young children and we do not knowingly collect personal information from anyone under the age of thirteen (13). We do not sell products for purchase by children, and all children’s products we sell are intended for purchase by adults only.

7. the security of your information is very important to us. We use SSL technology to protect the security of your information when you place orders online. SSL technology encrypts your order information to protect it from being decrypted by anyone other than Hermann Kobler Watches GmbH. As soon as you enter the payment page, your computer begins to communicate securely with our server. That you are in the safety mode, you recognise by the fact that

“http” in the web address is replaced by “https

Depending on your browser, you will see a padlock (e.g. Microsoft Internet Explorer, AOL, Netscape Communicator) or a fixed key (e.g. Netscape Navigator) at the bottom of your browser window.

Only browsers that use SSL technology can order through our websites. If your browser does not support SSL, you can obtain an update from the Microsoft or Netscape homepage.

8 Although we implement these and other security measures on our websites, please note that 100% security is not always possible. They also play a role in protecting your information. Because your password allows access to your personal information, please keep it secret and do not share it with anyone. With Hermann Kobler Watches you can choose not to receive any further communications by e-mail.

1. WHAT PERSONAL DATA DO WE COLLECT?

We collect the personal information you provide us, for example, by filling out a contact form, setting up an account, using interactive features, registering for a service, participating in a marketing campaign, ordering a product or service, requesting information and/or materials, or participating in surveys. Such personal information may consist of:

• Contact information (e.g., name, address, e-mail address, cell phone number, or other);
• data relating to purchases and transactions;
• payment information (e.g., credit card number, expiration date, authorisation number or security code, shipping address, and billing address);
• customer service information (e.g., customer service requests, comments, and repair history);
• user name and password;
• information about your personal or professional interests, date of birth, marital status, demographics and experience with our products and contact parameters;
• photos, comments and other content you have entered;
• contact information that you provide about friends or other people you want us to contact; and
• information that we may receive from our third-party service providers.

We collect metadata, such as information about your visits to the Site, including traffic data, location data, IP address, browser information, session data, preferences, settings, blogs and other communication data that we monitor during your interaction with the site.

2. ON WHAT BASIS DO WE PROCESS YOUR PERSONAL DATA?

We process your personal information for the purposes stated or apparent at the time of collection

• to which you have consented, e.g. by ticking a box; or
• which we are obliged to do under applicable law, e.g. to meet the requirements for the storage of data relevant to accounting; or
• are necessary for the execution of the contract, e.g. when ordering items; or
• for which we rely in particular on other legitimate interests:
• to collect market information, promote products and services, communicate with you and personalise offers for you;
• to offer and improve our products or services;
• manage relationships with customers, principals, suppliers and other relationships; exchange information with internal stakeholders; implement security procedures; and plan and allocate resources and budgets;
• monitor, detect and protect the organisation, its systems, networks, infrastructure, computers, information, intellectual property and other rights from unwanted security breaches, unauthorised access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage and cyber-attacks;
• protecting and developing industry standards; sharing information about individuals or concerns that may have an adverse or undesirable effect; and following industry best practices; or
• compliance with industry standards, regulatory requirements and other requirements related to fraud prevention and money laundering.

3. FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data for the following purposes:

• When you fill out a contact form with your name, e-mail address, telephone number, preferences, etc., we use your information to answer your questions, send you information or perform other activities that you request.
• When you create an account with us, we process the information necessary to open the account, such as your name, address, email address, password, profile picture, third party account information (e.g., if you register through your Facebook account), etc., so that you can access and manage your account.
• When you use our interactive features, we process the information necessary to use and manage these features, such as displaying your name and email address on a leader board and sending you updates about the online game you have participated in.
• If you are an existing customer, we may send you advertising about our products and services, for example using your name and address.
• If you subscribe to a service such as our newsletter by giving us your e-mail address and name, we will use this information to send you our newsletter.
• If you participate in a marketing campaign, we use the information we need to enable you to participate, for example to manage your invitation to an event or to identify and contact the winner of a competition.
• If you order a product, material or service, we will need and process the information necessary to process your order, such as e.g. name, telephone number, delivery address, credit card details, email address etc. to confirm your order, process your payment, check your creditworthiness, deliver the items ordered and contact you for delivery.
• If you respond to one of our requests and provide us with personal information such as name, age, occupation, etc., we use this information to analyse the response and draw conclusions.
• If you consent to receive marketing information, we use your information to send you promotional material and other communications, to notify you about and manage your participation in special events, competitions, sweepstakes, programs, offers, surveys and market research, to send you promotional material about our products and services, to customise your use of the Site, marketing experience and communications to your preferences and our terms and conditions.
• If you interact with us on third party social networks, we process your data for such interactions with you on those networks (interactions on a third party social network are subject to the privacy policy and terms of use of that network).
• We also process your personal data to comply with and enforce applicable legal requirements, our Terms of Use, relevant industry standards, contractual obligations, and policies.

We may process your personal data in a centralised system that improves your brand perception by adapting our communication and marketing activities to make them as relevant and useful to you as possible (profiling). For this purpose, we may process, compare, and integrate your personal data with data obtained from your interaction with us or with data from third parties. For example, if you tell us your age, income, hobbies or travel activities, we may compare this data with your purchasing behaviour and other information we have received from you in order to send you offers, invitations or promotions similar to ours.

We process the metadata collected from you to improve our website, to analyse visitor behaviour and website usage, to conduct targeted marketing, to develop and analyse statistics and demographic data or to optimise our online presence. and marketing activities.

4. WHAT DO WE COMMUNICATE AND PASS ON YOUR PERSONAL INFORMATION?

We may communicate your personal data to the following recipients or categories of recipients who act on our behalf and/or as partners (data controller), but only to the extent necessary to fulfil their obligations, and who are contractually bound to process your personal data with an adequate level of data protection (e.g. the data controller). To process orders, deliver packages, process credit card payments, provide customer support, send mail and e-mail, record and process data, host websites, remove repetitive data from customer lists, analyse data, provide marketing support, make customer satisfaction enquiries, provide personalised advertising).

We may disclose your personal information when we are required to do so to comply with legal requirements or to enforce our terms of use and other agreements; or to protect the rights, property, or safety of Hermann Kobler Watches, our customers, or others. This includes exchanging donations from other companies and organisations to protect against fraud and reduce risk.

We may transfer personal information to you across borders, including to countries where the relevant data protection authorities do not provide an adequate level of data protection. In this case, we will ensure an adequate level of protection of your personal data by requiring you to comply with binding contractual obligations in accordance with the applicable standards of the financial supervisory authorities or by providing other safeguards, such as self-certification approved by the supervised regulatory authorities. You can contact us for a copy of the guarantees and contractual rights.

5. HOW LONG DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data:

• give reasons for withdrawing your consent for further processing, e.g. until you receive our newsletter or delete your account with us;

simply ask us to make sure that we are satisfied with your experience after you have contacted us, e.g. to order a catalogue, ask a question, request information, request an appointment or a reservation, etc. No later than twelve (12) noon, but after you have contacted us for the first time, you sometimes inform us in a different way or give your consent for a longer period of storage, just as we can rely on a justification of support;

In connection with an item purchased for you or in connection with a customer service transaction at the time the transaction is completed, plus at least the warranty period, to which we may add a grace period for your benefit, unless we can rely on a supporting justification, you are not informed of a period or you give your consent to a longer retention period;

• as long as you remain our business partner and for a further ten years, unless we can invoke another justification, you have informed us otherwise or you have given your consent to a longer period of retention;
• as long as the law requires it, e.g. statutory retention obligations due to accounting or tax regulations.

6. WHEN DO WE NEED YOUR PERSONAL DATA?

If you wish to enter into a contract with us, e.g. if you order goods or services, we are obliged to collect certain personal data from you in order to conclude this contract, e.g. name, delivery address, place of residence, payment information or contact details. If you decide not to provide us with the requested information, we will not be able to conclude this contract with you.

7. WHAT RIGHTS DO THEY HAVE?

They have the right to do so:

• to request information, correction or deletion of your personal data;
• to ask us to limit the processing of your personal data, in particular to object to the processing of your personal data for marketing purposes; and
• to request that we provide you or a natural or legal person authorised by you with a digital file containing your personal data (data portability)

You can revoke your consent to the processing of your personal data for the specified purposes at any time.

To exercise the above rights, you can contact us as follows.

You also have the right to lodge a complaint with the competent authority.

8. HOW CAN YOU CONTACT US?

If you have any questions or wish to exercise your rights, you can contact us as follows:

Address:                              Hermann Kobler Watches GmbH

Ebnetrain 16

CH-6045 Meggen

Switzerland

Phone number:                +41 41 377 01 01

E-Mail:                                 info@hkoblerwatches.com

Applicable law

1. This data protection policy is controlled by the Swiss law on the processing of personal data.

Changes to the Privacy Policy

1. the owners may change or simply update all or part of the website’s privacy policy, including changes in applicable laws and regulations changes and updates to the privacy policy will be notified to users on the homepage as soon as they are made and will be binding from the time they are published on the website. For this reason, we recommend that you visit this section regularly to check the latest and updated publication of the privacy policy.

If you have a question or complaint about this privacy policy, you can contact us by sending an email to info@hkoblerwatches.com.