1. Scope of application
These General Terms and Conditions of Sale and Services (“General Terms and Conditions” or “GTC”) apply to all activities provided by the sole proprietorship LycaGallery, J.-L. Miranda (hereinafter referred to as the “Company”), a company located at Route des Martines 32, 1052 Le Mont-sur-Lausanne, Canton of Vaud, Switzerland.
The sole proprietorship LycaGallery, J.-L. Miranda offers goods and services in the field of luxury. The company specialises in the field of watches and accessories and acts for both Swiss and international clients. It offers objects for sale and can also provide repair, overhaul and expertise services as well as training and writing specialised articles. In doing so, the Company may act alone or in collaboration with its partners.
These General Terms and Conditions apply to all sales and services carried out by the Company, whether through the Company’s website (www.lyca-gallery.com), through resellers, through sales made by telephone, by email, by oral statement or by any other means.
By accessing and using the Company’s website, in particular by purchasing the Company’s products, the client acknowledges that he/she is bound by these General Conditions, which he/she declares to have read and understood.
The Company reserves the right, at its sole discretion, to modify these General Conditions at any time. It is the client’s responsibility to consult them regularly in order to be informed of any changes. The Terms and Conditions applicable at the time of conclusion of the contract by the client shall apply, unless the client has expressly accepted other provisions in writing.
2. Conclusion of the contract
The contract is concluded when the client accepts the offer made by the Company in connection with the purchase of the products and/or services concerned.
The contract is in any case concluded as soon as the client accepts the services offered by the Company and/or orders products on the Company’s website or purchases its products directly.
3. Prices
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products are sold.
The prices quoted do not include additional amounts for value added tax (VAT), where applicable. The applicable VAT rate is determined by the country concerned.
The prices do not include any additional taxes that may apply.
The prices include postage and packaging costs.
The Company reserves the right to change its prices at any time. The prices indicated on the Company’s website shall apply at the time of conclusion of the contract.
If a commission is to be paid, it will be due as soon as the Company has fulfilled its obligations. It is irrelevant whether the final recipient pays the Company’s client or not. It is the performance of the obligation by the Company that is relevant.
4. Payment
The Company offers the client the following payment methods: Credit card, bank transfer, PayPal, instalments.
As a rule, the purchase price must be paid in full by the client upon conclusion of the contract. The Company will send the ordered products as soon as the sales price has been paid. In certain cases, the Company may, at its discretion, issue an invoice to the client and send the ordered products to the client before the sales price has been paid in full.
If the client has been given the option of paying by instalments and the invoice is not paid within the contractually agreed period, the client will be challenged. The customer will automatically be in default if he still does not pay the invoice within the additional period set.
Upon notice of default, the client undertakes to pay default interest at the rate of 5% (five per cent).
If the Company offers products for sale, hire or other use via an internet platform, it reserves the right to require payment to be made electronically as part of the order process (credit card, PayPal or other payment systems).
It is not possible for the client to offset any claims against the invoice amount payable to the Company.
The Company reserves the right to refrain from making a delivery or providing a service in the event of late payment.
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5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery shall be made within 15 (fifteen) working days of the order if it is to be made in Switzerland. Longer delivery times may apply in the case of international sales.
If timely delivery is not possible, the client will be informed of the new delivery date or availability of the product within 3 (three) working days of the order. The Company will endeavour to offer an alternative.
If the Company, its suppliers or commissioned third parties are unable to fulfil their obligations on time due to force majeure, e.g. in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, storms, war, political or social unrest, civil war, revolution and civil unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, then the Company is released from the obligation to perform during these force majeure events and for an appropriate period of time following the end of these events. If the case of force majeure lasts longer than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then reimburse in full the sums already paid by the client.
All other claims, in particular those relating to claims for damages resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance is the company’s registered office.
The service provided by the Company is deemed to have been performed when the products are handed over to the carrier chosen by the Company.
5.2. Provision of services
Unless otherwise agreed, the Company fulfils its obligations by providing the agreed service. Unless otherwise agreed, the place of performance is the Company’s registered office.
5.3. Auxiliaries
The Company expressly reserves the right to engage auxiliary persons to perform its contractual obligations.
6. Obligations of the client
The client is obliged to take all necessary measures as soon as possible to enable the Company to provide its services. The client must take all these measures at the place, at the time and in the manner agreed. Depending on the circumstances, the client will also be obliged to provide the Company with all necessary information and documents.
7. Prohibition of poaching
The client is not permitted to hire or engage employees or assistants of the Company, either for its own account or for the account of a third party, without the express consent of the Company. The client is also prohibited from employing employees or auxiliaries of the Company, directly or indirectly, even after the contractual relationship with the Company has ended. This prohibition is valid for one year after the end of the employment relationship and is limited to the field of activity of the employees and auxiliaries concerned.
8. Exchange
In view of the type of products sold by the Company, an exchange or return of the products is excluded subject to defects (see Art. 9 below).
9. Warranty
The statutory provisions on warranty apply.
Any defects must be reported to the Company immediately. The Company shall then decide whether the defective product is to be repaired or replaced. The client shall only be entitled to a reduction or refund of the purchase price if replacement or repair is not possible. The customer may not request a replacement product during the repair period. The warranty period shall start again for the repaired component and shall continue to run according to the original warranty period for the other components.
A refund is excluded.
The Company guarantees to perform the agreed services in accordance with the usual quality standards.
10. Liability
Any liability for indirect damage or consequential damage is excluded.
Liability for direct damage is limited to the purchase price of the product / the price of the service. This limitation of liability does not apply in the case of intent or gross negligence.
The client is obliged to inform the Company immediately of any damage.
Any liability of vicarious agents is excluded to the extent permitted by law.
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11. Intellectual property rights
The Company owns all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating to them deal with the transfer of intellectual property rights, unless this is expressly provided for.
Furthermore, any re-use, publication or dissemination of information, images, texts or any other material that the client receives in connection with these provisions is excluded, unless expressly authorised by the Company.
The client must ensure that he does not violate any intellectual property rights of third parties when using content, images, texts or figurative elements in connection with the Company.
12. Data protection
The Company shall process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with the statutory provisions. The client agrees to the storage and use of his/her data in accordance with the contract and is aware that the Company may disclose his/her data or the data of third parties in the event of a court or other authority order. Unless the client has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data required for the execution of the service may be transferred to service partners commissioned by the Company and to other third parties.
For further information on this subject, please refer to the Company’s data protection declaration.
The relevant data protection legislation applies.
13. Completeness
These General Terms and Conditions replace any previous agreements or provisions. Only the provisions of individual agreements which specify these General Terms and Conditions shall take precedence over these.
14. Severability clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or annexes are or should be declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the event of a possible contractual loophole.
15. Confidentiality
The client, the Company and their assistants undertake to keep secret all information exchanged or acquired in the course of the services performed. The obligation of confidentiality continues even after the contract has ended.
16. Applicable law / Place of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the Company’s registered office shall have jurisdiction to settle any dispute between the parties, unless mandatory legal provisions to the contrary exist.
The Company is free to bring legal proceedings at the defendant’s registered office/domicile.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
17. Contact
If you have any questions or comments, you can contact us at any time by e-mail at the following address: lyca.gallery@gmail.com. Our team will be pleased to answer your questions.