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 direct transactions between both parties, 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 at all times on the Seller’s website (www.jcbiver.com) (hereinafter the “Website”).

1.3. Any direct sale made to the Customer is intended solely for the latter’s private and/or family, non-commercial needs. Should the purchase be made for commercial purposes, this must be explicitly mentioned to the Seller, being underlined that the commercial resale and distribution of goods is as a rule prohibited unless a specific, written agreement is entered into with the Seller.

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 Website 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 with the Seller 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, Route de Genolier 30, 1271 Givrins, Switzerland
E-mail info@jcbiver.ch

3. CONCLUSION OF CONTRACT

3.1. All watches and products listed on the Website or in any other material content (brochures, communications, etc.) are not contractually binding for the Seller. The only applicable terms, prices and modalities of the purchased goods (hereinafter the “Goods”) are the ones that are specifically communicated by the Seller upon request of the Customer in view of entering into a sales agreement.

3.2. Upon contacting the Seller, the Customer makes a request to receive an offer from the Seller. At no time may the Seller be compelled or otherwise considered as having to accept such a request, make an offer or otherwise execute a sale of any of the Goods. The Seller remains in any case free to make an offer and determine the terms under which it is made.

3.3. In the context of its offer, the Seller shall provide the Customer with an invoice mentioning especially (i) the amount of the price for the purchased Goods and (ii) the deposit that has to be made in view of the formal conclusion of the contract in the meaning of Art. 158 par. 1 SCO. The amount of the deposit has to be fully paid by the Customer in order to trigger the conclusion of the contract itself. The deposit’s amount shall be deducted from the final amount owed by the Customer, in derogation to Art. 158 par. 2 SCO.

3.4. The offer made by the Seller has a validity of 30 days as from its sending by the Seller to the Customer. In the absence of the full payment, during that period, of the deposit provided in the invoice communicated at that time, the offer shall be considered as definitely withdrawn and shall not bind the Seller in any way.

3.5. The Customer may not modify or otherwise change any of the terms of the offer made to him by the Seller. Should any term or modality be nevertheless changed, the Seller shall not be considered as having accepted them even when the Customer pays at the same time the deposit’s amount or any other amount.

3.6. The Seller reserves the right to unilaterally withdraw his offer and/or withdraw from the contract itself (if the deposit’s amount has already been paid by the Customer) in case of violation of these GTC and/or when there is any suspicion that the Customer aims to resell the Goods or is suspected of being a commercial buyer.

4. PRICE PAYMENT AND FATE OF THE DEPOSIT

4.1. The full payment to be made by the Customer under deduction of the deposit, including the Good’s price, VAT, any other taxes or duties that may apply, as well as any transportation and delivery costs that would apply, shall be communicated in due time to the Customer by the Seller once the Good is ready to be shipped or collected. The Seller has no role nor responsibility with regards to any additional taxes or duties that would apply to the Customer in his country of residence or domicile, or in any other way. It is the Customer’s responsibility to inform themselves on any taxes and duties that would apply prior to any purchase of Goods.

4.2. The full payment has to occur within 30 days of its communication to the Customer. It has in any case to occur prior to the delivery of the Goods to the Customer or, where applicable, prior to the collection of the Goods by the Customer where such direct collection has been agreed upon by both parties; no delivery or collection of the Goods may therefore occur prior to the full payment having been made.

4.3. Custom fees and any other similar costs, taxes or duties are covered by the Customer, as the case may be 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. As a rule, the payment of the deposit as well as of all other amounts building the full payment has to occur through bank transfer, in Swiss francs. Any and all costs linked to the bank transfer, as well as any conversion fees or costs, are borne by the Customer. Other payment methods may be used by the Customer, subject to the Seller’s prior explicit consent.

4.4. Considering the important costs that the Seller bears in the context of the manufacturing and preparation of the Goods purchased by the Customer, the deposit shall in any case be retained by the Seller in the case in which the contract’s execution is not fulfilled for any reason other than the Seller’s own fault. This includes especially (without limitation) the cases in which (i) the Customer doesn’t make the full payment within the deadline provided under par. 4.2 above, (ii) the Customer doesn’t execute for any other reason their obligations under these GTC, (iii) the Seller withdraws from the contract as per par. 3.6 above or (iv) the contract may not be fulfilled for a reason that is independent from the Seller. In all cases, the deposit’s amount is definitely earned and acquired to the Seller and has not to be in any way reimbursed or otherwise repaid to the Customer, in part or entirely.

4.5. It is explicitly provided that, despite the deposit being earned and acquired by the Seller, the latter retains in any case the right to require full execution of the contract by the Customer, including through the execution of the full payment as well as of any and all other amounts that would be due in addition to it (indemnities, penalties, etc.). At no time shall the deposit be seen as giving the right to the Customer to unilaterally withdraw from the contract and renounce to its execution. At the same time, any and all additional costs or prejudice suffered by the Seller because of the non-execution of the Customer’s obligations may be claimed by the Seller; in such a case, the deposit’s amount shall not be deducted or otherwise taken into account as a reduction of the prejudice or damage suffered by the Seller.

5. MODEL VARIATIONS, 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. Depending on the material used or the craftmanship involved, some variations in the model’s aspect are normal, especially for dials crafted from natural stone as per 5.2 hereunder or for leather accessories. The hand-crafted Biver timepiece you receive may differ in tone, pattern or appearance from the images displayed in advertising materials, on the Website, on other platforms or material, or in any product photography, without this being considered a defect or non-conformity.

5.2 Regarding specifically Biver timepieces that include dials or other parts made out of natural stone, it is specifically underlined that stone is, by definition, a natural material, so that the structure, color and texture may include natural variations and irregularities. Each dial is unique and its appearance will vary from one timepiece to the other.

5.3 As every Biver timepiece is crafted by hand with exceptional care and precision, 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.

5.4 Provided that the Seller accepts direct collection of the Goods, the Customer shall be informed of the applicable collection modalities, especially where, when and how such collection must occur.

5.5 In case of shipment of the Goods, they will be delivered at the address indicated by the Customer and that is mentioned in the offer. In the event that the information provided in the offer are incorrect, or should the Customer change addresses or otherwise needs the Goods to be delivered elsewhere, they must immediately inform the Seller of this and, in any case, prior to shipment documents having been established. The Customer is fully responsible for any inaccurate or wrong information provided.

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

5.7 The delivery or collection time or period is only indicative and the Seller may not be held responsible should any delay or postponing of the delivery or collection occurs. To the extent possible, if the Seller is not able to comply with the delivery or collection date as indicated, the Customer will be notified as soon as possible, and a new delivery date will be indicated. In case the delivery or collection becomes impossible, the Customer will be reimbursed, under deduction of the deposit, incurred maintenance, delivery and other costs incurred by the Seller. Such deductions won’t occur if the Seller is directly and exclusively responsible of the absence of delivery or collection.

5.8 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. In any case, the Seller is not liable for delays in delivery that were caused by any such situation.

5.9 It is the Customer’s responsibility to ensure that the collected, or respectively shipped and delivered Goods (including any accessories), are compliant with local laws, including under any import license that local laws would require under the CITES rules for animal products. Should some of the materials not be compliant with local laws, the Seller may change them with alternative materials (such as suede or calf skin) automatically or upon the Customer’s request. In such a case, no reduction of price shall be applied and any additional costs shall be borne by the Customer.

6. VERIFICATION AND WARRANTY

6.1 The Customer has to inspect the collected or 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 collection or 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 4-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;

- Normal variations inherent to the type of material used to craft the good or parts of the Good, including for dials crafted from natural stone that varies from timepiece to timepiece;

- Variations in tone, pattern or appearance from the images displayed in advertising materials, on our Website, on other platforms or material, or in any product photography.

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 or, in case of direct collection by the Customer, as soon as the Customer is informed of the possibility to collect the Goods.

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 entirely excluded.

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).