0.1. These general conditions are concluded between: • on the one hand, the company TIMETATION SARL (hereinafter “TIMETATION”), registered in the Commercial Register under number CHE-436.614.124, whose head office is located in Geneva and which operates as a luxury watch rental service under the trade name TIMETATION through its website www.timetation.ch. • and on the other hand, a non-professional consumer (hereinafter “the renter”) wishing to conclude a contract through the website www.timetation.ch.
0.2. The parties agree that their relationship shall be governed both by these general conditions as well as the Swiss Code of Obligations.
0.3. Validation of an order through the website www.timetation.ch implies the renter`s unconditional acceptance of these general conditions.
0.5. These general conditions may be subject to further amendments and any such amendments shall be applicable to the renter for any new rental.
1.1. These general conditions are intended to define the conditions under which a renter may conclude a contract with TIMETATION on the rental of a watch (hereinafter “the watch”).
1.2. The renter declares that he/she has examined these general conditions and has unconditionally accepted them by ticking the box provided for this purpose at the time he/she places his/her order online.
1.3. The renter certifies having the legal capacity to contract and the financial capacity to pay the rental costs of the watch.
2.1. Reasonable Wear and Improper Wear: wear related to passage of time and correct use of the watch (see instructions for use).
2.2. Damage: any type of damage related to improper handling of the watch (shock, scratches, cracked dial, etc.)
2.3. Burglary: theft committed by persons who break into a building or one of its premises, or break a piece of furniture therein. Theft committed by means of regular keys or codes, where the perpetrator appropriated them following a burglary or robbery, shall be considered as burglary.
2.4. Robbery: theft by acts or threats of violence against the renter, members of his/her family living together with him/her, as well as any theft caused by an inability to resist as the result of a death, fainting or accident.
3.1. TIMETATION reserves the right to contact the renter by phone, post or email.
3.2. The renter therefore accepts that any communication addressed to him/her by one of these means satisfies the formal requirements of the law in terms of notification.
3.3. It is the responsibility of the renter to keep copies of these communications by recording them on his/her computer or on paper.
4.1. The renter selects on the website www.timetation.ch the watch he/she wishes to rent and follows the steps indicated on the website, namely:
a. Click on “become a member”;
b. Create a renter account by completing the online form;
c. Receive a confirmation email containing a link;
d. Click on this link, which refers to a page on which the renter must complete his/her personal data;
e. Choose the watch;
f. Verify all information;
g. Submit the registration;
h. Within forty-eight (48) hours, receive a TIMETATION email which validates or rejects the order.
4.2. The contract is only concluded after the express acceptance of the order by TIMETATION, which shall be confirmed by email to the renter. TIMETATION reserves the right to refuse any order.
4.3. A security deposit of 20% of the value of the watch shall be required at the conclusion of the contract.
4.4. This security deposit shall be taken in the form of a bank card imprint bearing no interest and shall be refunded to the renter at the end of the rental period if TIMETATION considers that the terms of the contract have been respected.
4.5. Following TIMETATION`s express acceptance, the contract may be challenged only under the conditions provided below.
4.6. The renter shall not be permitted to rent more than one watch for the same reservation period.
5.1. The current prices for each watch are available on the website www.timetation.ch.
5.2. TIMETATION reserves the right to amend its prices at any time.
5.3. However, any price change shall not apply to rentals in progress; the new price shall apply only to new rentals.
6.1. All payments shall be made by bank transfer using the online payment service (Secure Reservation Service) provided by Stripe. Any transaction shall therefore be subject to the Stripe Connected Account Agreement, which includes Stripe's terms of service (collectively called the “Stripe General Conditions of Use" – “Stripe Services Agreement”).
6.2. The Secure Reservation Service is fully managed by Stripe; TIMETATION does not intervene in any way in the management or use of this service. All terms and conditions related to the payment via the Secure Reservation Service shall be governed by the Stripe Services Agreement.
6.3. The rental payment shall be made upon confirmation of the order by TIMETATION.
6.4. The renter must therefore possess a valid credit card, in his/her own name, throughout the rental period. 6.5. By signing the form provided for this purpose, the renter authorizes TIMETATION to charge the rental fee automatically, by debiting his/her credit card.
6.6. Collected rental fees shall not be refundable.
6.7. The amount of the security deposit referred to in paragraph 4.3 above shall be blocked one (1) day before the beginning of the rental period and released as soon as the watch is returned.
6.8. Where TIMETATION cannot block the amount of the security on the renter's bank card, it reserves the right to:
i. Report a default to the renter's banking institution;
ii. Cancel the reservation without refund to the renter.
6.9. The renter shall be solely responsible for charges levied on his/her credit card by the issuer, the bank or the financial institution, including debt, insufficient funds and credit limit fees. TIMETATION shall inform the renter of any rejection of payment made with his/her credit card.
6.10. The renter may inform TIMETATION of any billing problem within thirty (30) days by phone or to the email address email@example.com.
6.11. After this thirty-day period, the renter shall waive any claim related to billing.
7.1. The rental period may be amended without charge not later than ten (10) working days before the day of the blocking of the aforesaid security deposit (one day before taking possession of the watch). After this period, TIMETATION shall retain fifty (50) percent of the price of the rental of the watch in case of later amendment.
7.2. Requests for amendments shall be subject to the approval of TIMETATION. Any amendments shall be effective upon approval of the request by email.
7.3. Where the contract is cancelled less than twenty-four (24) hours before the start of the rental period, TIMETATION shall retain fifty (50) percent of the rental price of the watch as a penalty.
8.1. Delivery shall be completed by the transfer to the renter of the physical possession of the watch.
8.2. The watch shall be delivered exclusively in Switzerland.
8.3. Shipping costs shall vary by canton.
8.4. Delivery shall be made by a representative of TIMETATION or a nationally recognized company (UPS, DHL, etc.) at the address provided by the renter at the time of the order.
8.5. The day and time of delivery shall also be fixed in writing at the time of the order. The day and/or time of delivery may, in case of the renter`s absence, be amended up to forty-eight (48) hours before the initially agreed delivery.
8.6. The renter agrees to be present at the agreed time and at the address indicated by him/her in paragraphs 8.4 and 8.5 above in order to receive the delivery.
8.7. Where the renter wishes that the parcel be received by a third person of his/her household, he/she shall indicate in writing to TIMETATION the full name of such third person at least twenty-four (24) hours before the agreed time.
8.8. The delivery package shall include:
- The watch in its protective case;
- The packaging provided for return of the goods;
- The prepaid sticker for such return.
8.9. The renter agrees to examine the watch upon receipt and to inform TIMETATION within one hour of delivery of:
- Any defect, damage, or problems with the operation of the watch or the size of the strap;
- Absence of materials for returning the goods as referred to in paragraph 8.8 above.
8.10. In case of default:
- The renter shall notify TIMETATION thereof by e-mail at firstname.lastname@example.org within one hour of delivery of the package;
- A TIMETATION representative shall pick up the watch within twenty-four (24) hours.
8.11. TIMETATION shall send the renter a replacement watch as soon as possible.
8.12. Where TIMETATION is not notified of the defect within one hour of delivery, any subsequent claim shall become void, so that TIMETATION shall not take it into consideration. Insofar as the watch shall be deemed to have been delivered in perfect condition, the renter shall no longer be able to claim any refund in this respect.
8.13. Where any defect or damage is discovered by TIMETATION when the watch is returned, it shall be examined.
8.14. At the end of this examination, the renter may be held responsible for the damage discovered. In this case, the security deposit shall not be refunded. TIMETATION shall still send a replacement watch, but the renter shall be obliged to furnish a new security deposit.
9.1. The duration of the rental (3, 7, 14 days) shall begin to elapse from the delivery of the watch by TIMETATION to the renter. The delivery receipt signed by the renter shall be considered authentic.
9.2. The rental period shall end on the last day agreed to by the two parties.
9.3. The day of delivery shall be counted as a full day.
10.1. The renter undertakes to return the watch to TIMETATION at the end of the rental period (see paragraph 9.1. above).
10.2. The renter agrees to return the watch in its protective case and to send it to TIMETATION by one of the following means:
i. Using the packaging and the prepaid sticker provided by TIMETATION at the time of delivery.
ii. A TIMETATION representative may pick up the watch either at the delivery address or at a location agreed between the two parties.
10.3. Where the renter damages, loses or throws away the protective case, packaging or sticker intended for the return, he/she shall contact TIMETATION to agree on the return arrangements. The costs incurred therein shall be borne by the renter.
10.4. Where the renter decides to use the postal return method described in paragraph 10.2 (ii) above, he/she shall retain the receipt of the post as proof of return, otherwise he/she may be held liable in case of disappearance of the watch.
10.5. Where the renter exceeds the agreed rental duration, a penalty shall be applied for each additional day, such penalty to be equal to one hundred (100) percent of the daily rate posted on the Internet.
10.6. The amount of the penalty shall be deducted directly from the renter's credit card.
10.7. From the eighth (8th) additional day beyond the agreed rental duration, the renter shall be obliged to pay a contractual penalty of one thousand (1,000) Swiss francs in addition to the penalty provided for in paragraph 10.5 above.
10.8. In such case, TIMETATION reserves the right to:
i. Report a payment default to the renter's banking institution;
ii. Report a theft to the police;
iii. Initiate legal proceedings against the renter, including filing a criminal complaint.
10.9. Any costs related to legal proceedings initiated by TIMETATION due to the aforesaid delay shall be borne by the renter.
10.10. Where the renter wishes to extend the rental period, he/she shall first inform TIMETATION not less than forty-eight (48) hours before the anticipated extension. TIMETATION reserves the right to refuse any request to this effect.
10.11. After verification and confirmation by TIMETATION of the perfect condition and operation of the watch, the security deposit shall be released.
11.1. The renter agrees to use the watch carefully and to take the necessary precautions to avoid damaging it.
11.2. In particular, the renter shall avoid exposing the watch to any source of potential deterioration such as dust, high temperature variations, sunlight, humidity, violent shock, young children or water (especially where a particular model is not waterproof).
11.3. Before any handling of the watch, the renter shall familiarize himself/herself with the instructions for using it which appear in the “instructions for use” section at the bottom of the page of the site www.timetation.ch.
11.4. The renter shall not be permitted to wear the watch during the conduct of any sporting activity.
11.5. The renter shall not be permitted to carry out any maintenance service, to modify the strap or any other part of the watch, or to open the casing without the written authorization of TIMETATION.
11.6. Where the watch has been modified or opened, the renter shall be liable to the immediate cancellation of his/her TIMETATION account, at the risk of having to reimburse the entire value of the watch as well as the filing of a criminal complaint against him/her.
11.7. The renter agrees that the rented watch is strictly for personal use. Thus, it is forbidden to lend or sub-rent the watch to a third party.
11.8. The renter shall not be permitted to leave the Swiss territory (except Liechtenstein) with the rented watch where it risks being seized by the customs authorities. Insofar as the watch is not insured outside the two aforementioned countries, the renter shall be exposed to the risk of having to refund the full price of the watch in case of damage or loss abroad.
11.9. At the end of the rental period, the renter shall return the watch in perfect condition, reasonable wear excepted, and shall respect the terms of return described in paragraph 10 above.
The renter shall be held responsible for any damage, loss or theft of the watch upon signature of the delivery receipt by himself/herself or the third party of his/her household who has received it, even in case of damage caused by a third party. The insurance covers the renter against burglary and robbery (paragraphs 2.3 and 2.4 above) only insofar as he/she has scrupulously respected the security measures stated in paragraph 13 below.
12.1. A deductible of fifteen (15) percent of the value of the watch shall be deducted from the security deposit in the event of a claim.
12.2. In case of damage, loss or theft, the renter shall inform TIMETATION by e-mail to the address email@example.com not later than twenty-four (24) hours after the incident.
12.3. In case of theft, the renter shall provide all information that may be useful to TIMETATION or its authorized representatives to recover the watch.
12.4. In addition, the renter shall be obliged to report the theft by filing a complaint with the police not later than five (5) working days following the incident. Once the police report has been filed, the renter shall send a copy to TIMETATION without delay so that the company can transmit it to its insurer for any further action.
12.5. In the event that the renter fails to perform the steps to which he/she has committed under paragraphs 13.1 to 13.3 below, he/she may be held personally responsible for the theft of the watch and risk having to repay its total value.
12.6. In case of damage, the renter shall take no measures whatsoever to effect repairs by his/her own means. He/she shall return the watch to TIMETATION within twenty-four (24) hours in accordance with the terms of return described in paragraph 10 above.
12.7. TIMETATION reserves the right to charge the renter:
i. In case of damage, the price of the repair of the watch or, if a repair cannot return the watch to its original condition, the price of the watch.
ii. In case of loss, the price of the watch.
iii. In case of theft, the price of the watch, to the extent that he/she would be held responsible.
12.8. Any sum received by TIMETATION from its insurer covering cases of damage, loss or theft of the rented watches shall be deducted from the amounts withheld from the renter in accordance with paragraph 12.7.
12.9. The renter authorizes TIMETATION to directly collect on his/her credit card the amounts referred to in paragraph 12.7.
12.10. In the event that TIMETATION manages to recover the lost or stolen watch, the total amount paid by the renter, less the costs related to the search for the watch or to possible repairs, shall be refunded.
12.11. The renter's liability under these terms and conditions shall end only after the return of the watch and the payment of any costs related to the damage thereof, or in case of loss or theft, after payment of the anticipated costs.
13.1. In addition to the provisions of the general conditions of insurance, it is specified that the watch shall remain under the constant observation of the renter or of a duly authorized representative.
13.2. In any case, the watch shall not be left in an unattended vehicle.
13.3. In the absence of constant observation, the watch may be deposited:
up to a value of CHF 30,000 :
. in a locked private place and inside a locked cabinet; in a public place (e.g., a sports changing room); inside a locked private compartment; failing that, in a container (locker, bag, etc.) inside a locked room
- at a hotel, in the room safe or in the hotel safe
from CHF 30,000 to CHF 40,000 :
- in a locked private place and inside a locked cabinet
- in a public place (e.g., a sports changing room); inside a locked private compartment; failing that, in a container (locker, bag, etc.) inside a locked room
- at a hotel, in the hotel safe
over CHF 40,000 and up to CHF 100,000 :
- in a safe at least 100 kg (EN I) inside locked premises
- at a hotel, in the hotel safe
- in a bank vault
The renter guarantees that he/she:
14.1. is at least twenty-one (21) years old and not under guardianship;
14.2. shall use the watch in accordance with these terms and conditions;
14.3. resides in Switzerland;
14.4. is not currently subject to prosecution, property defaults or criminal proceedings;
14.5. shall conclude a rental only for personal pleasure and not for any profit;
14.6. shall communicate any change of address and any intention to travel outside the European territory, if this would affect his/her ability to return the watch in time;
14.7. shall communicate only correct information to TIMETATION, either orally or in writing.
15.1. These general conditions are subject exclusively to Swiss law.
15.2. For all disputes that may arise from the interpretation and execution of these general conditions, the parties elect the jurisdiction of Geneva. Appeal to the Federal Court is reserved.
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