Pro-Watch Geneva – General Terms and Conditions of Customer Service

Article 1

Scope of Application

The present General Terms and Conditions of Customer Service of Pro‑Watch S.A. (Switzerland) ( P‑W) apply to all repairs and other maintenance services carried out by P‑W (the Service) on any Time‑Keepers owned by a third party, natural or legal person (the Customer), and sent or entrusted for service.

Article 2

Online registration of a repair service request with collection request or watch drop‑off for quotation and service

2.1. If a customer with an account at www.pro-watch.ch so wishes, he or she can register an online repair service request together with a collection request for his or her watch in the countries and regions where the online repair request and collection service is available. The customer will receive a shipping kit with packing and shipping instructions for safely packing the watch. Once the shipping kit is ready, the customer must contact the secure delivery service designated by P‑W to arrange or modify the collection, provided that the customer has accepted the terms and conditions of said secure delivery service (including its privacy policy). Once the secure delivery service has collected the watch, the customer cannot cancel the online request for the watch repair and collection service. The watch will be delivered by the secure delivery service to Pro‑Watch S.A.’s most suitable local or foreign customer service center, depending on its location, the skills required and the time needed to carry out the service.
2.2. Once the watch is deposited by the secure delivery service or directly by the customer with P‑W, the customer will receive a quotation, provided that it is possible to determine immediately the nature of the service to be performed and its price (the quotation). If the type of service requested and its cost cannot be determined immediately at the time the watch is deposited directly by the customer, the latter will receive a service request form certifying that the watch has been deposited with P‑W for a service to be performed (the service request). The quotation or service request (as the case may be) describes the general external condition of the watch as observed by P‑W when the watch is deposited with P‑W. The customer who has received a quotation must confirm to P‑W that he accepts the quotation during its period of validity. P‑W reserves the right to modify the quotation at any time if a case of warranty exclusion has not been detected at the time the quotation is drawn up for a watch deposited with P‑W during its warranty period.
2.3. At the customer's request, or when it is impossible to immediately determine the nature of the service to be performed and its price when the watch is deposited, P‑W will send the customer, within a reasonable time, an estimate following dismantling of the case and analysis of the watch movement. At the customer's request, P‑W may issue an estimate detailing all watch components to be replaced or repaired during the service (the detailed estimate). For the purposes of these General Terms and Conditions of Customer Service, any reference to the term quotation hereinafter includes the detailed quotation, as well as any other type of quotation.
2.4. The quotation is valid for 3 (three) months from the date of issue and must be expressly approved by the customer. P‑W may (but is not obliged to) send up to 3 (three) reminders during the period of validity of the quotation.
2.5. If, before the service begins, P‑W notes that additional operations not included in the initial estimate must be carried out in order to preserve the operation, integrity and water‑resistance of the watch, P‑W will promptly send the customer an updated estimate. The service will only be initiated once the customer has expressly accepted the updated estimate.
2.6. P‑W reserves the right to send the customer’s watch to another local or foreign P‑W Authorized Service Center for quotation.
2.7. Each watch is digitally recorded upon receipt at P‑W to document its general condition. P‑W reserves the right to take additional pictures or videos of the watch at any time during the service. At the customer’s request, P‑W will provide the customer with the images or videos of the watch or extracts therefrom. P‑W will retain the images or videos for a period of up to 12 months from the date shown on the invoice.

Article 3

Cost of preparing quotation

Estimates are generally free of charge, provided that a quotation is drawn up for a watch with an unidentifiable reference, or a watch requiring restoration, or for certain highly complicated models. In these cases, a deposit invoice will be issued when the watch is delivered to P‑W. This deposit invoice is due only if the quotation is refused by the customer, and is payable at the latest when the watch is returned to the customer. If a quotation is not accepted during its period of validity, P‑W reserves the right to invoice the cost of drawing up the quotation and keeping the watch.

Article 4

Service price

4.1. The price of services estimated in a quotation is exclusive of VAT and other applicable taxes, and does not include packaging, transport and insurance costs, unless otherwise agreed in writing by P‑W and the customer. P‑W reserves the right to invoice the customer separately for the online request for repair service together with the request for collection of the watch.
4.2. Unless otherwise agreed in writing by P‑W and the customer, the cost of the service is payable at the latest when the watch is returned to the customer. P‑W reserves the right to request a partial or total advance payment, in particular when a restoration service has to be performed or in the event that customer does not appear in person at P‑W for the return of the watch after service has been performed (Article 8).

Article 5

Refusal of quotation by customer

On expiry of the period of validity of the quotation or in the event of refusal of the quotation by the customer, the watch will be returned to the customer in accordance with article 8, as far as possible, in the condition in which the customer deposited it with P‑W, after payment of the full quotation preparation fees mentioned in article 3.

Article 6

Acceptance of quotation by customer

6.1. If the quotation is accepted by the customer within 15 (fifteen) working days from the date of issue, P‑W undertakes to use reasonable care to carry out the service within the time stated on the quotation. A new repair time will be indicated to the customer if the quotation is accepted after 15 (fifteen) working days from its issue. This new repair time will take into account P‑W's current workload and may exceed the time initially mentioned on the quotation. Any delay announced to the customer will be for information purposes only. A working day means a day other than a Saturday, Sunday, or public holiday in Switzerland, when banks are open in Switzerland.
6.2. Upon express acceptance of the quotation by the customer, P‑W undertakes to perform the service with all reasonable efforts. Once P‑W has begun the service, the customer will not be able to withdraw his acceptance of the quotation except in the case of a bracelet change service.
6.3. P‑W reserves the right to send the customer's watch to another local or foreign P‑W Authorized Service Center for service.
6.4. In the event of difficulties not attributable to an error on the part of P‑W encountered in the course of the service, for example due to the age or condition of the watch or due to an event of force majeure rendering the service no longer feasible as proposed or in any other way, P‑W reserves the right to revise or modify the quotation or to terminate the service. If the revised or modified quotation is not accepted, or if the service is terminated, the watch will be returned to the customer, as far as possible, in the condition in which it was deposited with P‑W. In the case of paid estimates, the sums due must be paid at the latest when the watch is returned to the customer.
6.5. If P‑W is unable, despite its reasonable efforts, to perform the service within the estimated time due to force majeure or any other reason, the completion of the service will be postponed according to the nature and extent of the event causing the postponement, unless otherwise agreed between P‑W and the customer.
6.6. In this article, a force majeure event means and includes, but is not limited to, accidents, severe weather events, natural disasters, fires, explosions, unforeseeable events, acts or omissions of any governmental administration, unexpected changes in laws or regulations, widespread shortages of raw materials or energy, pandemics, epidemics, quarantines, lockdowns, acts of terrorism, national strikes, riots, wars or civil disturbances and any other event beyond the reasonable control of P‑W and which, by its nature, could not have been foreseen or, if foreseeable, could not have been avoided.

Article 7

Replacement of components

7.1. With the exception of bracelets, the cost of components replaced during a service is included in the price of the service, provided that the replacement of these components is considered usual and normal for the service. Otherwise, in particular if the watch has suffered a shock or any other damage requiring the replacement of certain components before their usual replacement date, these components will be invoiced separately to the customer. In all cases, invoicing for the service will take into account the cost of the components replaced, particularly when these components are made of precious materials. By accepting the quotation, the customer accepts that exchanged or replaced components, with the exception of bracelets, will be retained by P‑W, and therefore waives the right to demand their return. If the customer insists on retaining the replaced components, a request must be made in writing to P‑W no later than at the time of acceptance of the quotation, and P‑W reserves the right to increase the price of the service accordingly. Worn components are replaced, as part of the service, by new components produced to the standards of partner manufacturers and benefiting from the latest aesthetic and technical manufacturing developments.
7.2. Original components that are no longer available for a restoration service are, wherever possible, recreated by hand by specialized watchmakers.

Article 8

Return of the watch to the customer after the service has been completed

8.1. Once the service has been carried out, or in the event that the quotation is not accepted or is refused by the customer, or if the service is interrupted for any reason, the customer will be informed by P‑W of the situation and of the fact that the watch will be returned to him/her at P‑W's premises. The initial quotation, the service request (if any) and proof of identity must be presented when the watch is returned. If the watch was originally collected by a secure delivery service (online request for a repair service with watch collection request), the watch will be returned to the customer, after payment of the service price, exclusively to an address in the same country where the watch was collected.
8.2. At the customer's written request, the watch can also be returned within a reasonable time by secure parcel to an address in Switzerland indicated by the customer when depositing the watch for service. If the customer has sent his watch to P‑W from abroad, the watch will be returned to the customer within a reasonable time by secure parcel to an address indicated by the customer in the country of dispatch, provided that customs formalities for import into Switzerland have been duly completed. Any change of address by the customer after the watch has been deposited with P‑W can only be accepted after formal verification of the customer's identity.
8.3. P‑W cannot be held responsible for damage, loss and/or theft of the watch due to an address error communicated by the customer.

Article 9

Loss or damage to the deposited watch

9.1. Prior to receipt by P‑W :
- If the customer decides to send his watch directly to P‑W, P‑W cannot be held responsible for any damage caused to the customer's watch during transport, or for its loss or theft prior to receipt by P‑W. The customer is advised to send his watch by secure and/or registered mail or via a delivery service. Upon request, P‑W will estimate the replacement value for similar watches, it being understood that this estimate will only be used as a reference. For other watches, only recognized auction houses are authorized to estimate the value of the watch. The customer is solely responsible for compliance with export/import procedures and conditions for a watch sent directly by a customer to P‑W for service. P‑W cannot, under any circumstances, be held responsible for any failure on the part of the customer.
- If the watch was initially collected on behalf of P‑W at an address given by the customer (online request for a repair service with a request to collect the watch), P‑W agrees to compensate the customer in strict accordance with article 9.2 in the event of damage, loss or theft during transport after the watch has been handed over to the secure delivery service designated by P‑W provided that the customer has fully complied with the packing and shipping instructions contained in the shipping kit. In all other cases, the preceding paragraph applies.
9.2. After receipt by P‑W: Despite all the care taken by P‑W with the watches entrusted to it for service, it is possible that certain components may be damaged during service. If these components cannot be replaced at P‑W's expense, the customer agrees that P‑W will compensate the customer exclusively according to the following rules:
- Current collection model: P‑W will replace the damaged watch with a new watch of the same model or, for limited editions, with a similar watch of the same value (based on the price of the watch paid by the customer, but not exceeding the selling price to an end customer of the new watch of the same or similar model or, if P‑W so decides at its sole discretion, will pay financial compensation based on the market value of the watch);
- Non‑collectors' models: P‑W will pay financial compensation based on the market value of the watch.
9.3. Upon return to the customer: Without prejudice to the application of article 8.3, P‑W agrees to compensate the customer based exclusively on the provisions of article 9.2 in the event of damage, loss or theft during transport before the watch is delivered to the customer.

Article 10

Service warranty

10.1. Subject to article 11, work carried out as part of the service and components replaced during the service are guaranteed for a period of 2 (two) years from the date shown on the invoice.
10.2. Without prejudice to the application of article 9, the service warranty mentioned in article 10.1 covers all manufacturing defects and faulty workmanship, in particular those resulting from defective components, faulty workmanship at the time of service or damage suffered during transport to return the watch to the customer.
10.3. Defects to a watch caused directly or indirectly by the following events are not covered by the service warranty or the product warranty: normal wear and tear, defects caused by shock, abnormal use, incorrect handling, work carried out by a third party other than an Authorized P‑W Service Center, failure to observe the recommendations for preserving the water‑resistance of the watch and damage related to the infiltration of moisture into a watch that is no longer water‑resistant as indicated in article 11.
10.4. The customer is obliged to check the watch and notify P‑W in writing of any immediately ascertainable defects within 10 (ten) working days of receipt of the watch at the end of the service. If the customer fails to notify P‑W within this period of 10 (ten) working days, the watch is deemed to have been accepted by the customer in good condition and P‑W is relieved of all liability, except in the case of a defect which could not reasonably have been detected immediately. In this case, the customer may only require P‑W to repair the defect in accordance with these General Terms and Conditions of Customer Service.
10.5. The customer's refusal to have the service performed (in particular a maintenance, repair or water‑resistance service) releases P‑W from all obligations and responsibilities in relation to the watch, its operation, water‑resistance and integrity.

Article 11

Water‑resistance of the watch

11.1. The water‑resistance of the watch may be compromised by an accident or contact with an aggressive substance (acid, perfume, liquid metal, etc). After such an incident, it is essential to avoid immersing the watch in water, and to carry out a new water‑resistance test as soon as possible. If the customer swims frequently, as sand, salt and chlorine are abrasive and corrosive agents, P‑W recommends rinsing the watch regularly in fresh water before drying it. In all cases, P‑W recommends that you avoid immersing a watch with a leather strap, even if it is water‑resistant, as this could damage the strap. If the customer's watch is not a water‑resistant model, it must not be immersed in or brought into contact with water or any other liquid. Damage caused by the ingress of moisture into a non‑waterproof watch is not covered by the warranty.
11.2. P‑W recommends that its customers carry out a water‑resistance check at least every 2 (two) years, and every year if the watch is frequently exposed to water and damp environments. This check‑up, which is not part of the services governed by the present General Terms and Conditions of Customer Service, is available from P‑W free of charge for its customers or at any P‑W Authorized Service Center with the appropriate equipment. This service does not carry any warranty.
11.3. If a problem is detected during the above-mentioned water‑resistance check, a paid water‑resistance service (including disassembly of the watch case and replacement of the gaskets to restore the watch's water‑resistance) is recommended by P‑W. A chargeable water‑resistance service is also required every 2 (two) to 3 (three) years, depending on how often the watch is worn, or promptly in the event of an incident. Following this water‑resistance service and subject to articles 11.4 and 11.5, the water‑resistance of the watch will be guaranteed for 2 (two) years, but such water‑resistance guarantee does not apply to the general condition and other functions of the watch.
11.4. Over time, watches can suffer from problems with moisture infiltration or oxidation in the movement. In some cases, sealing cannot be restored even after sealing service because normal wear and tear or improper polishing can cause small distortions and loss of sealing.
11.5. When opening a watch, P‑W systematically recommends a waterproofing service. If the customer renounces this service, no guarantee will be given.

Article 12

Changing a battery on a quartz watch

When changing the battery on a quartz watch, P‑W always recommends a waterproofing service. If the customer renounces this service, no guarantee will be given. However, the battery change will be carried out at a fixed price. Battery replacement does not guarantee the general condition and other functions of the watch or that no further service is required.

Article 13

Recommendations relating to magnetism

Many modern devices such as scanners, household appliances, and mobile phones generate a magnetic field. A watch may become magnetized when placed near a magnetic field, which can impair its functionality. In such cases, P‑W recommends that the customer have the magnetism of their watch checked. This inspection, which is not part of the services governed by these General Terms and Conditions of Customer Service, is available free of charge at P‑W for its customers or at any P‑W Authorized Service Center equipped with the appropriate tools. This service does not include any warranty.

Article 14

Counterfeits

If examination of the watch reveals that one or more parts of it are counterfeit parts (counterfeit(s) or hybrid part(s)), no service will be performed on the watch in question. P‑W will document the visual and technical aspects indicating that the watch is counterfeit. P‑W has the right to carry out further investigations in order to collect information on the origin of the watch. If the customer agrees to transfer the counterfeit to P‑W, P‑W will provide the customer with confirmation attesting that the watch is not an authentic watch.

Article 15

Stolen watch

Upon receipt of a watch previously declared stolen, P‑W reserves the right to inform its former owner and/or the competent legitimized authorities to determine the legitimate owner of the watch in question and to keep the watch in its possession until identification of its owner, unless an amicable agreement is reached between the former owner and the new possessor.

Article 16

Personal data

P‑W collects and uses the personal data of its customers for the purpose of providing them with customer services. The full privacy policy is available on request or on www.pro-watch.ch.

Article 17

Entire agreement

17.1. Subject to article 17.2, the quote, the service request in conjunction with these General Conditions of Customer Service and the confidentiality policy available on www.pro-watch.ch contain the entire agreement between P‑W and the client concerning the execution of the service, and cancel and replace all contracts, declarations or oral or written agreements previously concluded between P‑W and the client on this subject. The parties confirm that they will not enter into the transaction on the basis of any statement not expressly incorporated in writing in the quote, service request or these Customer Service Terms and Conditions.
17.2. Any inconsistency or ambiguity must be resolved by respecting the following hierarchy: 1. the quote, 2. these General Conditions of customer service and 3. the service request. The provisions of the privacy policy available on www.pro-watch.ch prevail exclusively in relation to the questions raised by its subject.
17.3. The Terms of Use and the Cookie Policy available at www.pro-watch.ch are included in these General Terms and Conditions of Customer Service when the customer submits an online service request on www.pro-watch.ch.

Article 18

Applicable law

Swiss law (with the exception of its laws on the resolution of conflicts of laws) is applicable to these General Conditions of Customer Service and to the relationship between P‑W and the customer. Where the laws of Switzerland are different from the mandatory consumer protection laws in the customer's country, P‑W will grant the customer the same protection.

Article 19

Inner court

Within the limits of what is permitted by law, any dispute in relation to these General Conditions of customer service will be subject to the exclusive jurisdiction of the competent courts of the canton of Geneva, subject to an appeal to the Federal Court.

General Terms and Conditions of Customer Service Pro‑Watch S.A.