1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNER

1.1. For the business relationship between jcbiver SA, located at 30, route de Genolier, 1271 Givrins, Switzerland (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) for transactions on the Seller’s Online Store (www.jcbiver.com) (hereinafter referred to as “Online Store”), the following General Terms and Conditions (hereinafter “GTC”) apply in their version valid at the time of the respective order.

1.2. The Customer can view and consult the GTC when ordering via links on the Online Store, prior to any sale.

1.3. A Customer within the meaning of these GTC is any natural person who concludes a contract for a purpose that is intended for their private and/or family, non-commercial needs. Purchasing on the Online Store for commercial purposes is prohibited. In particular, the commercial resale and distribution of goods ordered via the Online Store is prohibited.

1.4. The Seller reserves the right to amend these GTC at any time. The latest version of these GTC shall be published on the Online Store and shall directly apply to any sale or purchase made as from such publication.

1.5 Biver watches are exclusive timepieces crafted by hand with exceptional care. They are available exclusively on the Website or through our network of official retail partners, who receive regular allocations and manage their own sales and distribution. Distribution through retail partners is not subject to these GTC, but to the retail partner’s own terms and conditions. 

2. CUSTOMER SERVICE

For questions, requests or complaints, the Customer can contact the Customer Service of the Seller:

By mail: jcbiver SA, online store, Route de Genolier 30, 1271 Givrins, Switzerland

E-mail: info@jcbiver.ch

3. CONCLUSION OF CONTRACT

3.1. The Online Store is an invitation to the Customer to provide offers for the conclusion of a purchase contract concerning the goods that are shown on it.

3.2. An order is only triggered when the Customer (i) enters all data that is required for the execution of the contract and mentioned in the “checkout” page,
(ii) enters valid payment details,
(iii) has clicked on the “Pay now” button and
(iv) has its payment effectively executed. Before clicking on the “Pay now” button, the Customer can select goods from the Seller’s Online Store without commitment and place them in the shopping cart via the “Add to cart” button. Before finalizing the order, the Customer can modify and change its content by adding or deleting items from the cart.

3.3. Once all four conditions mentioned above fulfilled, the Customer receives an automatic order confirmation that reflects the content of the order. This automatic order confirmation does not yet constitute acceptance of the offer but only documents that the order has been received by the Seller and the payment executed.

3.4. The Seller reserves the right to accept or not the order. In case of violation of these GTC or when there is suspicion that the Customer aims to resell the goods or is suspected of being a commercial buyer, the order can be cancelled or rejected. A rejection of future orders is also possible if problems arise with the payment methods. The Seller reserves the right to refuse the order for any reason he considers justified.

3.5. The acceptance of the Customer’s offer by the Seller occurs when sending the Customer an acceptance confirmation e-mail that specifies that the Customer’s offer has been accepted and that the goods are to be shipped.

3.6. If the Customer’s offer is not confirmed by the Seller, the Seller will inform the Customer in a specific e-mail and reimburse the payment, without interest. If the non-confirmation is due to a reason on the Customer’s side, the payment’s reimbursement shall occur under deduction of all costs incurred by the Seller, including credit-cart costs.

3.7 If the order includes several items, then the contract is only concluded for those items that are explicitly listed in the acceptance confirmation e-mail. Should the latter not confirm all goods, the refund shall be made for the part of the order that has not been confirmed, without interest.

3.8 The Customer may not modify or cancel their offer after all four conditions mentioned under par. 3.2 above are met, including pending the acceptance confirmation e-mail.

4. PRICES

4.1. The prices indicated on the Online Store exclude VAT, as well as any taxes or duties that may apply in the Customer’s country of residence. VAT is added at the time of check-out once the order is placed in the cart, when the goods are to be shipped in Switzerland. All applicable taxes and duties (other than Swiss VAT) will be handled and collected by the handling agents (courier), the Seller itself has no role nor responsibility in this context. It is the Customer’s responsibility to inform themselves on any taxes and duties that would apply prior to any purchase of goods on the Website.

4.2 Transportation and delivery costs are covered by the Seller.

4.3 Custom fees and any other similar costs, taxes or duties are covered by the Customer, via the handling agent (courier). The Customer is sole responsible for identifying any such fees, costs, taxes or duties that would apply as per his country of residence.

4.4 The payment methods that are authorized are : VISA, MASTERCARD and AMEX (including through Apple Pay), as well as any other types of payment methods that would specifically be added by the Seller. It is explicitly provided that these payment methods may be modified and adapted by the Seller at all times.

4.5 All prices are subject to change at any time without prior notice. 

5. MODEL AVAILABILITY, SHIPPING AND DELIVERY

5.1 Every Biver timepiece is crafted by hand with exceptional care and precision, reflecting the brand’s uncompromising standards of quality. As a result, production is intentionally limited, and demand may occasionally exceed availability. Due to the high level of complexity and craftsmanship involved in creating each Biver timepiece, the lead time for delivery can extend over several months. The Customer is made specifically aware of this and accepts this characteristic of the Seller’s exclusive goods.

 5.2 The Customer will receive a shipping confirmation e-mail, which will indicate all the delivery information useful to the Customer, including the “Track & Trace” number.

5.3 The shipment will be delivered at the address indicated by the Customer during the ordering process.

5.4 The Seller may use public and private transport companies to assure the Shipment, at its choice.

5.5 In the event that the information provided within the acceptance confirmation e-mail are incorrect, the Customer must inform the Seller immediately, and in any case before receiving the shipping confirmation e-mail. The Customer is fully responsible for any inaccurate or wrong information provided.

5.6 If the Seller is not able to comply with the delivery as indicated in the acceptance confirmation e-mail, the Customer will be immediately notified, and a new delivery date will be indicated. In case the delivery becomes impossible, the Customer will be fully reimbursed, under deduction of the incurred maintenance, delivery and other costs incurred by the Seller.

5.7 In cases of force majeure such as strike and other employment disputes, insurrection, war, natural disasters, as well as in the event of a delivery block of the Seller or any of the Seller’s suppliers, there is no default of the delivery. The Seller is not liable for delays in delivery that were caused by any such situation.

6. VERIFICATION AND WARRANTY 

6.1 The Customer has to inspect the delivered goods immediately upon receipt and must immediately inform the Seller of any defects detected. Any defect caused by the transport is not taken into account but is to be notified to the transport company, as per art. 7.2 hereunder.

6.2 In case the Customer finds a defect on the good that has not been caused by delivery, and after informing the Seller immediately and receiving the Seller’s confirmation, he may send the goods back to the Seller for reparation, strictly by respecting the resending modalities communicated to them by the Seller. The costs of resending and reparation shall be borne by the Seller.

6.3 The goods are under warranty for 4 years after delivery. During that period, any repair and/or replacement work shall be performed by the Seller (or an authorized representative of the Seller), at the Seller’s costs. The Customer shall inform the Seller immediately upon discovering a problem and follow the instructions provided to them by the Seller, including as to how and where to send the goods for repair or replacement.

6.4. The 3-year warranty does not apply to:

- Any defects that should have been identified upon inspection of the goods received, as per Art. 6.1 and 6.2 above, but have not been communicated to the Seller immediately upon receipt;

- Natural alteration or ageing of the goods, including scratches on the dial or damage to the case or battery wear;

- Any type of deterioration of the goods, whether global or partial, resulting from misuse, lack of attention, negligence, incident (such as falls, scratches, compressions, glass breakage, etc.);

- Indirect damage or the consequences of normal wear and tear of the goods, including malfunctions, imperfections, or inaccuracies.

6.5 After receiving back the good, the Seller will examine whether the problem is covered by the warranty and shall notify the Customer. The Seller may, at its own discretion, decide on the repair or the replacement of the goods.

6.6 The Customer loses all his rights under this section if they modify or alter in any way the goods after delivery, or if they proceed to any repair work themselves or through intermediates they chose.

7. TRANSFER OF BENEFITS AND RISK

7.1 All benefits and risks pass to the Customer as soon as the Seller has transferred the goods to the transport company.

7.2 If goods are delivered with obvious transport damage, then the Customer must report such defects immediately to the transport company and contact the Seller immediately, but no later than 24 hours after delivery. In such a case, the Seller will reasonably assist the Customer in requesting payment of the damages towards the transport company. 

8 RESPONSABILITY

8.1 The liability of the Seller is excluded except for gross negligence of willful misconduct. The liability for auxiliary persons is excluded in the same way.

8.2 The Seller’s liability shall in any case be excluded in case of the replacement of the goods.

9. APPLICABLE LAW AND PLACE OF JURISDICTION

9.1 Swiss law shall apply exclusively.

9.2 Jurisdiction for any disputes about or relating to these General Terms and Conditions is the competence of the courts in Nyon (Vaud Canton, Switzerland).