Terms of service
Translation notice: This page is a machine-assisted translation provided for your convenience only. Only the German-language version of these Terms of Service (AGB) is legally binding. In the event of any discrepancy or conflict between this translation and the German original, the German version shall prevail.
Terms of Service (AGB) of Mr. Phichet Watches for the sale of physical products via the online shop within Switzerland and the EU
1. Applicability and Scope
These Terms of Service (hereinafter "Terms") apply to all business relationships between Mr. Phichet Watches (hereinafter "Mr. Phichet Watches", "us" or "we") and the customer (hereinafter "Customer", "Buyer" or "you") for physical products (hereinafter "Products" or "Goods") purchased via our website mr-phichet-watches.com (hereinafter "Online Shop" or "Website").
The Website and Online Shop are operated by:
Mr. Phichet Watches
Owner: Phichet Koedjongrak
Rue du Jura 15, 2502 Biel/Bienne, Switzerland
CHE-177.509.6411
Phone: +41 76 455 43 97
Email: mrphichetwatches@hotmail.com
Individual agreements concluded with the Customer take precedence over these Terms. Any conflicting terms of the Customer are not recognized.
Mr. Phichet Watches reserves the right to amend these Terms at any time. Any changes become effective upon publication of the revised Terms on the Website. The version of the Terms applicable to the purchase of a product is the one in effect on the date the binding order is placed with us.
Please read these Terms carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms as well as our Privacy Policy, and you confirm that you are authorized to enter into legally binding contracts and are at least 18 years old.
2. Conclusion of a Purchase Contract
The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue, or a non-binding invitation to customers to order the product in the online shop. Mr. Phichet Watches expressly reserves the right to change the products themselves, as well as content such as images, range, prices, and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising, and other information relating to our products are for informational purposes only and are not binding on Mr. Phichet Watches.
The Customer may place a binding order for the products selected via our online shop. The Customer may place selected products in the "shopping cart"; this does not yet constitute a binding order. An order is only concluded as binding once the Customer clicks the "Complete order" button at the end of the checkout process on the order page. Before submitting the order, the Customer may view and change the information at any time, identify any input errors, and correct them before the final binding submission of the order.
An order confirmation is sent to the Customer immediately and automatically by email. This confirmation email contains your order details and the Terms you accepted during checkout. The confirmation email serves only to inform you that we have received your order. No purchase contract is concluded through this automatic order confirmation. By submitting the order, you confirm that you have read the Terms and agree to them without reservation. We recommend that you print or save the Terms for the purpose of your online order and your own records.
After you have placed a binding order, Mr. Phichet Watches is free, at its own discretion, either to accept the order or to decline it by sending a corresponding notification by email, without assuming any liability towards you or third parties. Any payment already made will be refunded to you if the order is cancelled. Reasons for declining an order may include, for example, that a product is no longer available, that we are unable to obtain authorization for the Customer's payment, or that there is reason to believe that the Customer is acting in violation of these Terms, individual agreements, in a fraudulent or otherwise criminal manner, or for another important reason.
A binding purchase contract with the Customer is concluded upon acceptance of the order. This acceptance takes place through dispatch of the ordered goods.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and Reservation of Performance for Undeliverable Products
All information regarding the availability of our products, and the shipping and delivery of our goods, is preliminary and approximate. It does not constitute a binding or guaranteed shipping or delivery date. Liability for unavailable goods or for delays in shipping or delivery of the goods is expressly excluded.
Our products are available while stocks last. If Mr. Phichet Watches determines, while processing your order, that the goods you ordered are not available, we will inform you without delay. In this case, no contract is concluded for the undeliverable goods, since the ordered goods cannot be delivered.
We further reserve the right to limit the number of items that may be purchased by a Customer. In such a case, we will inform the Customer accordingly by email.
4. Prices and Shipping Costs
Our products and prices correspond to those stated on the website. All prices are, in principle, stated in Swiss francs (CHF) and include statutory value-added tax (VAT). Depending on the delivery country, the Customer may, during checkout, choose to pay in Swiss francs (CHF) or in one of the following national currencies: Euro (EUR), Czech koruna (CZK), Danish krone (DKK), Hungarian forint (HUF), Polish zloty (PLN), Romanian leu (RON), or Swedish krona (SEK); the amount displayed is calculated based on the exchange rate applicable at the time of the order. The total price of your order, including any additional and shipping costs and the VAT payable for the respective country, is displayed at the end of the checkout process. For shipments to countries outside Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the Customer.
By placing a binding order, you declare that you agree to the total price for the ordered products. Once the order is binding, the price can no longer be adjusted.
Mr. Phichet Watches reserves the right to change prices at any time. Products are charged based on the prices offered at the time the binding order is placed.
5. Payment Terms / Credit Check
Orders are, in principle, due for payment immediately.
The Customer may pay using the payment methods shown on the website or during checkout. These may change from time to time and by country. We further reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods we use (for example, to safeguard our credit risk, only those methods suitable to the respective creditworthiness). The Customer expressly authorizes Mr. Phichet Watches to carry out credit checks at its own discretion and, for this purpose, to disclose Customer data to third parties where necessary.
By choosing the payment method, the Customer authorizes payment either by entering credit card details or the access data of a payment service provider. The Customer authorizes Mr. Phichet Watches to collect or debit payments through the corresponding method. Should chargebacks occur, Mr. Phichet Watches is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Mr. Phichet Watches is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in connection with your order.
If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for the debit and the address details, and request authorization from the card issuer or payment provider. You further confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Mr. Phichet Watches reserves the right to cancel the order and to stop shipment of the products. In this case, we will contact you promptly.
When paying by invoice, the Customer will receive the invoice with a payment slip along with delivery of the goods or by email. Payment must be made using the payment slip within the payment deadline stated on the invoice. If payment is not made on time, Mr. Phichet Watches is entitled to charge its expenses for each reminder of at least CHF 50.–, plus any further debt-collection-related costs and statutory default interest. Should the initiation of debt collection proceedings become necessary, we will charge an additional processing fee of at least CHF 200.–.
6. Delivery Terms
Delivery is generally carried out via the delivery service of Swiss Post (Die Schweizerische Post AG). A flat shipping fee of CHF 11.– is charged for deliveries within Switzerland. For deliveries to the EU, the flat shipping fee is CHF 30.–. Swiss Post is also used for deliveries to the EU. We currently deliver only to Switzerland and to the member states of the European Union. The desired delivery service, as well as any pickup at our shop, can be selected during checkout. Any costs incurred must be paid by the Buyer in advance.
Goods that you order from our online shop and that are in stock will be delivered to you, depending on the destination, within 2–3 business days of receipt of full payment. You can use the tracking number to track the current location of your order.
If products are marked as not in stock at the time of ordering, Mr. Phichet Watches will make every effort to deliver the goods as quickly as possible. Mr. Phichet Watches makes every effort to meet the stated delivery times; however, Mr. Phichet Watches is not responsible for delivery delays, regardless of their cause. We will inform you without delay of any delivery delays that arise.
If performance is prevented for more than 3 weeks after the original delivery date, the Customer is entitled to withdraw from the order. Further claims, in particular claims for damages, are excluded.
If delivery of the goods fails through the Customer's fault despite three delivery attempts, Mr. Phichet Watches may withdraw from the contract. Any payments already made will be refunded without delay.
7. Retention of Title
Mr. Phichet Watches remains the owner of the delivered goods until they have been paid for in full.
8. Right of Withdrawal and Return
Different rules apply to the return of goods depending on the delivery address: Clause 8.1 applies to Customers with a delivery address in Switzerland. Customers with a delivery address in a member state of the European Union are additionally subject to the statutory right of withdrawal under Clause 8.2.
8.1 Return arrangement for Customers with a delivery address in Switzerland
Customers with a delivery address in Switzerland have no statutory right of withdrawal for online purchases. Mr. Phichet Watches nevertheless voluntarily offers the following return option: the Customer may return a purchased watch without stating reasons; in this case, Mr. Phichet Watches will buy back the watch at a buy-back price of 70% of the originally paid purchase price (buy-back, not a full refund). If the delivered watch does not match the description given on the product page, this is treated as a warranty case under Clause 9 instead of a buy-back. The notification deadline under Clause 9 applies to defects already present upon receipt.
8.2 Right of withdrawal for Customers with a delivery address in the European Union
Conditions
For Customers with a delivery address in a member state of the European Union: for all purchases of our goods through our online shop (with the exception of certain products; see the withdrawal restrictions below), you, as a consumer2, have the right to withdraw from the contract within 14 days of receiving the goods, without giving reasons. You may withdraw from the contract within 14 days of receiving the goods, either yourself or through a third party you designate (other than the carrier), by returning the goods to us, Mr. Phichet Watches, Rue du Jura 15, 2502 Biel/Bienne, Phone 076 455 43 97, Email mrphichetwatches@hotmail.com, or by informing us in text form (e.g. a letter sent by post, email, or fax) of your unambiguous decision to withdraw from the contract. The 14-day withdrawal period begins the day after receipt of the goods and is met if the goods or the notice of withdrawal are handed over to the post office or another carrier for return or dispatch on the last day of the period. You may use the model withdrawal form available via the link at the end of these Terms, although its use is not mandatory.
Exercising the right of withdrawal requires that you return the goods to us unused, complete, and intact, if possible in their original packaging. The goods, together with the completed return slip, must be sent to the following address:
Mr. Phichet Watches, Rue du Jura 15, 2502 Biel/Bienne, Phone 076 455 43 97, Email mrphichetwatches@hotmail.com.
Effects of withdrawal
If you withdraw from the contract and return the goods properly, we will refund the total price you paid, including delivery costs (except for costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than 14 days from the day on which we received notice of your withdrawal or the goods were returned to us. The refund will be made using the same payment method originally used and will always be credited to the account used for payment, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. Please ensure that you have access to the specified account, as Mr. Phichet Watches accepts no liability in this regard.
We may withhold the refund until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is earlier.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Restrictions on the right of withdrawal
The right of withdrawal does not apply to the following contracts:
the supply of products made to your own specifications or clearly personalized to your needs (so-called customer-specific, personalized products);
the supply of products which are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
9. Notice of Defects / Warranty
Mr. Phichet Watches warrants that the goods correspond to their guaranteed characteristics and are free of defects that would impair their value or their fitness for the intended use.
After receiving the products, the Customer must inspect them promptly for correctness, completeness, and any damage. Errors or damage must be reported to Mr. Phichet Watches within 5 business days. Defects that could not be discovered through proper inspection and only appear later must be reported in writing immediately upon discovery. If you fail to inspect the product or fail to report a defect without delay, the product is deemed approved, and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects apply. Since the products offered are used watches, the warranty period is contractually shortened: the warranty period stated on the respective product page applies (3 months or 1 year from receipt of the product). Excluded from the warranty are products damaged through the Buyer's own fault (in particular, improper use, unauthorized repairs, or normal wear and tear).
The Customer's warranty claims are limited to replacement delivery or remedy of defects/rectification, to the exclusion of all other claims, in particular price reduction or compensation for indirect and consequential damages. Mr. Phichet Watches decides, at its own discretion, whether to provide a replacement delivery or rectification. If replacement delivery or rectification fails, the Customer is entitled, in the case of significant defects, to withdraw from the contract.
For complaints or service questions, please contact us at the following address, providing the order number, customer number, a description of the fault, and any other helpful information:
Mr. Phichet Watches, Rue du Jura 15, 2502 Biel/Bienne, Phone 076 455 43 97, Email mrphichetwatches@hotmail.com.
The defective product must be returned, together with a copy of the invoice and a detailed description of the defect, to the above address, Mr. Phichet Watches. Return of a product is at the Customer's cost and risk. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed if the parcel is lost.
10. Account Registration
By registering a customer account, you can view information about your completed, open, and recently shipped orders, and manage and save your address details, any payment details, and an optional newsletter. Since your details are saved, you do not need to re-enter them when making a further purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to keep your personal login details confidential and not disclose them to unauthorized third parties. Mr. Phichet Watches undertakes to treat your data confidentially and not to disclose it to unauthorized third parties. For further information on data protection, please see our Privacy Policy at https://mr-phichet-watches.com/policies/privacy-policy.
Registration is free of charge. Each Customer is entitled to maintain only one customer account. We reserve the right to delete multiple accounts and to warn, block, or delete or modify the content of registered Customers who violate these Terms or individual agreements.
Mr. Phichet Watches is not obliged to accept the registration or order of a registered Customer.
11. Complaints and Grievances
We place great importance on customer satisfaction. You can reach us at any time using the contact information provided at the beginning of these Terms. We strive to review your inquiries and complaints as quickly as possible and will contact you after receiving your documents, submission, or complaint. If you have complaints or grievances, please help us by informing us of the exact problem or error, and, where possible, provide a copy of your order documents, or at least the order number, customer number, etc. We strive to respond to you within 5 business days.
12. Liability3
In the event of a breach of its own obligations under these Terms and the contractual relationships based thereon, Mr. Phichet Watches is liable for damages caused and proven to have been caused by unlawful intent or gross negligence. Liability for slight and moderate negligence, as well as for indirect and consequential damages, is expressly excluded, whether based on contract, tort, or any other ground. Indirect damages include, for example, loss of profit, financial loss, reputational damage, damage caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of Mr. Phichet Watches' services. In addition, Mr. Phichet Watches accepts no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide the service.
The above exclusions and limitations of liability do not apply to culpable injury to life, body, and health directly caused by Mr. Phichet Watches, nor in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the above, the total liability under these Terms, regardless of the legal basis, and to the extent permitted by law, is limited to the price of the goods ordered by the Customer from us.
Event beyond our control
In the event of an occurrence beyond our sphere of influence and control (so-called force majeure), we accept no liability or responsibility for the non-performance or delayed performance of any obligations under these Terms and the contractual relationship based thereon. An event beyond our sphere of influence exists, for example, in the following cases:
strikes, lockouts, or other industrial action by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks, or the unavailability of rail, shipping, air, or road routes, or other means of public or private transport.
Should an event beyond our sphere of influence occur that affects the fulfilment of our obligations under the contract, we will inform you as soon as possible.
13. Data Protection
Mr. Phichet Watches collects and processes personal data only within the framework of statutory provisions, in particular in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related matters can be found in our Privacy Policy at https://mr-phichet-watches.com/policies/privacy-policy, which forms an integral part of these Terms.
14. Copyright
The information and content published on the website is protected by copyright and is the property of Mr. Phichet Watches or the respective rights holder. Reproduction, editing, distribution, or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. Mr. Phichet Watches and the respective rights holder expressly reserve all related rights.
15. Severability Clause
Should any provision of these Terms be or become unlawful, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the provision and the intent of the parties at the time the contract was concluded. The same applies to any gaps in these Terms.
16. Online Dispute Resolution4
The European Commission has established an online platform for alternative dispute resolution for consumers residing in the EU, providing an out-of-court procedure for resolving disputes arising from and in connection with online sales contracts. You may use this platform to resolve disputes arising from the online contract concluded with us. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.
17. Governing Law and Jurisdiction
These Terms, the contractual relationships based thereon, and any disputes are exclusively governed by substantive Swiss law, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is the registered office of Mr. Phichet Watches (Biel/Bienne).
These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that take precedence over these Terms.
Model Withdrawal Form for Physical Products (for Customers with a delivery address in the European Union only)
If you wish to withdraw from the contract, please complete this form and send it back to:
Mr. Phichet Watches
Rue du Jura 15, 2502 Biel/Bienne, Switzerland, Phone 076 455 43 97, Email mrphichetwatches@hotmail.com
I/we* hereby give notice that I/we* withdraw from my/our* contract for the purchase of the following goods:
___________________________________________________________________________
Ordered on: Received on:
_______________________________ __________________________________
Name of consumer(s)*:
Address of consumer(s)*:
Place and date:
Signature of consumer(s)*:
(*) Delete as applicable
The UID number is the Business Identification Number published in the Commercial Register.
Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons acting for purposes outside their trade, business, craft, or profession.
Liability may also be governed in other forms within the legally permissible framework, in particular subject to the invalidity of any exclusion of liability for defects in the purchased item under Art. 199 OR (under which an exclusion of liability is invalid if the seller fraudulently concealed the defect from the buyer) and the use of unfair business terms under Art. 8 UCA (Swiss Unfair Competition Act).
This information obligation applies only to Swiss online retailers that also have an establishment in the EU. It does not apply to a Swiss online retailer that merely also targets its products at EU consumers.