TERMS & CONDITIONS
www.thecollector.ch (the “website”) is operated by THE COLLECTOR, Genève (“we”, “us” and “our”). This is a limited liability company (Sàrl) registered in Switzerland with company number CH-660.5.641.015-1, and VAT number CHE-287.307.418. Our registered office is 1 pl. des Bergues, 1201 Genève, Switzerland.
These terms cover the website and related services in Switzerland, Europe, United Kingdom & USA only. Delivery services are provided by THE COLLECTOR, Genève and shipped by DHL and the Swiss post.
For information about all orders, please contact Customer Service at email@example.com. Our office hours are 9am-6pm.
USE OF WEBSITE
We may modify the Terms from time to time at our sole discretion. Please read the Terms and check back often. If you do not agree to any change to the Terms then you must immediately stop using the Site.
Please note that these Terms do not affect your statutory rights as a Consumer. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
You agree that the information that you provide when you register is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time.
We may change, withdraw, or suspend access to the website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.
The website may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.
Any material that you upload to the website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.
We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the website.
We have the right to remove any material or posting you make on the website at our sole discretion.
PURCHASE OF PRODUCTS
When purchasing a product from the website you are making a contract with THE COLLECTOR, Genève.
You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms. You agree that an order is engaging with a contract with www.thecollector.ch. All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock, the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the Products you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.
Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorized use of your account.
You will only be charged for products once they have been dispatched for delivery.
We will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in CHF and are inclusive of VAT; prices do not include delivery costs.
All prices and offers remain valid as advertised from time to time. The CHF price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of obvious error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in CHF, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with THE COLLECTOR, Genève which is a Swiss entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by THE COLLECTOR, Genève.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe and secure, we use state of the art security systems to encrypt your payment details, making it virtually impossible for them to be read over the internet.
We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
INSURANCE AND DELIVERY
Delivery will be made by DHL Express or the Swiss post dependant on the shipping service chosen at time of purchase.
Ownership of any products ordered by you from us shall pass to you on the later of:
(a) the date on which we receive full payment for those products;
(b) the date and time of delivery to your nominated address.
We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, and transfer of responsibility in the same way.
We shall be entitled to supply your purchases in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
When your order is shipped, we will send you a confirmatory email, which will include your tracking number. You can track and trace your order using this link. Order status may take up to 1 hour to update after the order has been placed.
A signature will be required upon delivery of your order.
Please be aware that our service is not a named delivery service and anyone at the designated delivery address may sign for your delivery. We will not be liable for a lost or missing order that has been signed for in a building, for example an office address that has been provided for delivery.
To contact us regarding all shipping you can email us at firstname.lastname@example.org.
DELIVERY COSTS AND TIMES
Delivery times are estimates and start from the date of shipping. Please note that in some areas of Switzerland, the UK and Europe there is a limited range of delivery services available. We will endeavour to send your order out as quickly as possible but we cannot be responsible for delays as a result of remote delivery locations or adverse weather conditions.
Swiss Post Urgent Next Day Service – orders before 3pm – CHF12
Swiss Post Tracked – CHF8.00
DHL Express (3-5 business days) – CHF15.00
DHL Express (3-5 business days) – CHF25.00
DHL Express (5-7 business days) – CHF50.00
Rest of World
DHL Express (5-10 working days) – CHF70.00
Europe includes the following countries:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Norway,.
Please note that deliveries to Norway may be subject to customs delays outside of our control. We cannot be responsible for any customs or import charges placed on your delivery.
Please note that all goods are shipped from Switzerland, therefore orders made from countries outside of Switzerland may be subject to further duties and import costs. These costs must be covered by the customer and are not payable by THE COLLECTOR, Genève.
In this instance, once the goods have arrived in customs, the customer will be contacted by our courier – DHL and will be required to pay any applicable charges before their order is released for delivery.
As duties and taxes vary from country to country, we are unable to provide estimates for this.
RETURNS AND CANCELLATIONS
If you are based in the EU you also have the right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”), provided you give us written notice. Notice can be given any time after your order has been placed, up until 14 working days from the day after you received your order. Notice of contract cancellation under the Regulations must be given in writing by email to email@example.com.
Please note that this cancellation right does not apply to certain items including (without limit) goods made to your specification or which have been personalised.
For orders cancelled under the Regulations, we will issue you with a full refund including the shipping cost. All items must be returned unused and in their original condition, from the original delivery country.
Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Items should be returned within 14 days of their delivery date, unused and with all tags still attached. Our THE COLLECTOR, Genève branded boxes are considered to be a part of the product and must be returned with the goods. This is also to ensure that the product(s) arrive back to us in a suitable and undamaged state. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
It is the customer’s responsibility to return all unwanted goods, and to cover all shipping costs. THE COLLECTOR, Genève advises that all returns are sent by recorded post to ensure the safe arrival of all goods and that shipping documentation is retained in case of dispute. We recommend that you insure the return
shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We cannot be responsible for any loss for an item(s) you have chosen to send to us yourself that becomes lost or missing.
Please email if any of your purchases have been delivered without THE COLLECTOR, Genève tags.
Where provided, authenticity cards, dust bags, and leather tags should be included with your return.
We cannot be responsible for general wear and tear and any transformations that occur due to the nature of the materials used.
Goods are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. If the item cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate. For more information regarding colours, you can contact our customer services at firstname.lastname@example.org.
Refunds will be credited to the purchaser’s original method of payment. Original shipping charges will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency as purchase. Due to fluctuations is currency rates the amounted refunded may be slightly higher or lower than the price originally paid.
On receipt of return, we shall process the refund as soon as possible. We estimate that refunds will be made by the provider of your payment method within 7-10 working days.
Please retain your Shipping Note until you have received your refund.
All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the website is either owned or licensed to us, and is protected by applicable copyright laws around the world. All such rights are reserved.
The COLLECTOR, Genève trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered are either ours or licensed to us and are protected by applicable trade mark laws around the world. All rights are reserved.
All other intellectual property in or connected to the website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our Software and all HTML and other code contained in this Site. You are permitted to access and make personal use of the website but such use is limited and does not include the right to:
• use the website in any way which may prejudice or damage our reputation or that of THE COLLECTOR, Genève;
• use the website for any commercial or business purposes; reproduce or redistribute the website or any of its contents for commercial or business purposes
• take any action that may impose an unreasonable burden or load on our infrastructure.
We do not promise that the content of the website is accurate or error-free. We do not promise that the functional aspects of the website will be error free or that the website, its contents, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed by individuals on the website are the personal opinions of the authors and do not reflect the views of THE COLLECTOR, Genève. If you have a complaint about any posts please email email@example.com.
LIMITS ON OUR LIABILITY
You have certain rights under the law in addition to those detailed under RETURNS AND CANCELLATIONS. In Switzerland these include:
• that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; and
• certain remedies if a product is defective.
Nothing in these Terms is intended to affect these rights.
We accept liability for death and personal injury arising from our negligence or that of our employees and agents.
We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. If we breach the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and our dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
We reserve the right to transfer, assign, novate, or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and THE COLLECTOR, Genève as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of THE COLLECTOR, Genève,
and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms will be governed by and construed in accordance with Swiss law and the relevant courts of Switzerland will have exclusive jurisdiction.