TERMS & CONDITIONS
Welcome to the ORBIS website!
This website has been designed and published by ORBIS Auctions Sàrl, a company registered in the Commercial Register of the Canton of Vaud under number CHE-154.547.582, with its registered office at Avenue de Rumine 11, 1005 Lausanne, Switzerland. ORBIS refers to all entities linked to ORBIS Auctions Sàrl.
The site is hosted by Infomaniak Network SA.
Use of this website is subject to the following terms and conditions: If you do not agree to these terms, please do not use this website or visit it again. By using this website, you expressly acknowledge that you understand and accept these terms.
- Exclusion of warranty/limitation of liability
The entire content of this site is provided for information purposes only. Care is taken to ensure that the content is accurate, up to date and error free and does not infringe any third party rights.
However, to the extent permitted by law, ORBIS accepts no responsibility for, and gives no warranty as to, the accuracy, reliability, functionality, merchantability, completeness, (satisfactory) quality, fitness for a particular purpose, non-infringement of rights or freedom from defects of the products and services presented on the website.
In addition, ORBIS accepts no liability and provides no guarantee (to the extent permitted by law) for the consequences of the use of the information provided. All information, data and downloadable files, etc. on this website are provided without any guarantee as to their correctness, completeness, accuracy, up-to-dateness, quality, results or otherwise.
To the extent permitted by law, ORBIS accepts no liability whatsoever (neither explicitly nor implicitly) for the information provided or for any direct or indirect damage or loss. In addition, ORBIS accepts no liability for punitive damages or incidental loss or damage (including, without limitation, loss of profits, data, other intangible assets, cost of replacement) arising out of or in connection with access to, use of, or inability to use this website, links to other websites or related services (including, without limitation, accessing or downloading data or files, including screensavers and other software available on the site), even if ORBIS should have been advised of the possibility of such damages.
Furthermore, ORBIS accepts no responsibility for, and gives no warranty that, the functionality, content and files and software downloadable from this site (including, without limitation, viruses, Trojan horses and malicious software that may interfere with the operation of any software, hardware or other equipment) are free from defects/errors or are available, that defects/errors will be corrected, or that this website or the servers are free from harmful components. Access to the ORBIS website may be interrupted or blocked at any time, in particular during site maintenance and renovation operations.
These disclaimers also apply to all ORBIS affiliates.
ORBIS reserves the right to modify the information available on this site concerning products and services at any time and without prior notice, or to withdraw certain products and services from its offer. Offers of products and services are valid in all cases subject to availability and within the limits of available stocks. No guarantee is given that the prices indicated on this site are in line with those prevailing in the retail or wholesale trade.
- Intellectual property rights
Copyright, trademarks, designs and models and patents) on the content of this site are reserved. Unless otherwise stated, it is forbidden to reproduce, download or use in any way the images, texts, illustrations, software, etc. appearing on or downloadable from this site. Downloading or printing of individual pages and/or parts of this site is permitted, provided that neither the copyright notice nor any other distinctive signs protected by law are removed and that full references to the source are given. If data or programmes are downloaded from this site or reproduced in any other way, all property rights and intangible property rights are reserved by ORBIS or the holder of these rights. Reproduction in whole or in part, transmission by electronic or other means, modification, inclusion of links to this website or use of this website for public or commercial purposes is prohibited unless the prior written consent of ORBIS has been obtained and full reference to the source is given. ORBIS does not grant any rights (and in particular no intangible property rights) to users of the ORBIS website, with the exception of the rights necessary for the use of the ORBIS website.
- Third-party intellectual property rights
ORBIS maintains commercial relations with various partners (e.g. watch and jewellery manufacturers). As a result, some of the images on our website are the property of third parties. The provisions of the previous paragraph therefore also apply to the intangible property rights of third parties.
The insertion of links to pages on this site is subject to the prior written consent of ORBIS. The framing of pages on this site (i.e. their incorporation into another site) is not authorised.
Certain links on this site refer to sites created by third parties. ORBIS has no control over these sites, the information provided on them, or the products or services offered on them, and does not verify these sites or their content. ORBIS accepts no responsibility for the content of these third-party sites. The inclusion of links to third party sites does not imply that ORBIS expressly endorses, recommends or accepts any responsibility for them.
- General conditions
The information, offers, illustrations, etc. of products and services on this website are provided for information purposes only and do not constitute an invitation, offer or recommendation to purchase products or use services. Only the products and services, including prices, offered by ORBIS subsidiaries and partners should be used as references.
ORBIS is under no obligation to respond to any request for an offer or pricing information, nor to accept any order, made/sent on the basis of the information, illustrations, etc. present on the ORBIS site. In particular, ORBIS reserves the right not to respond to requests sent by e-mail. In addition, ORBIS declines all responsibility for the receipt of requests, orders, requests for offers or price information, etc. sent by e-mail or by any other means.
Even if a person is authorised to use this site, this does not mean that the products and services presented on this site are accessible or may be delivered to this person in any country or territory.
- Applicable law and jurisdiction
These Terms and Conditions and the use of this website (including any enquiries, offers, orders, etc. resulting from the use of this website) are governed by Swiss substantive law to the exclusion of conflict of jurisdiction rules.
All disputes arising in connection with these Terms and the use of this website (including any enquiries, offers, orders, etc. resulting from the use of this website) shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland. ORBIS is, however, entitled to bring the matter before any other competent court.
GENERAL TERMS AND CONDITIONS
- SCOPE OF APPLICATION AND CONTRACTUAL PARTNERS
1.1. The following General Terms and Conditions of Sale apply to the business relationship between ORBIS Auctions Sàrl, Avenue de Rumine 11, 1005 Lausanne, Switzerland, (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) for business conducted in the online shop (https://www.orbis.swiss/) (hereinafter referred to as the “Online Shop”) in the version in force at the time of the order (hereinafter referred to as the “GTCS”). These GTC also apply to the sale of goods and services in the online shop as a whole.
1.2 By means of links in the online shop, the Customer may call up, view or save the GTC on his/her computer when placing an order. It is the customer’s responsibility and the seller’s recommendation to print out the GTC (e.g. as a screenshot or after marking the text on the page).
1.3. The goods offered in the online shop are intended exclusively for informed and discerning consumers.
1.4. Deviating contractual terms and conditions, in particular those which the customer declares to be acceptable when accepting the contract, are only valid if and insofar as they have been expressly accepted by the seller in writing.
1.5. The seller reserves the right to amend these GTC at any time.
- AFTER-SALES SERVICE
For any questions, requests or complaints, the customer may contact the seller’s after-sales service: By post: ORBIS Auctions Sàrl, Avenue de Rumine 11, 1005 Lausanne, Telephone: +41 (0) 76 227 56 29, e-mail: email@example.com
- CONCLUSION OF THE CONTRACT
3.1. The online shop only represents an invitation to the customer to make an offer to conclude a purchase contract for the goods presented.
3.2. A binding order only comes into being when the customer has entered all the data required to execute the contract, has confirmed that he/she has read these general terms and conditions of sale and has indicated his/her intention to purchase. Before placing the order, the customer may enter and modify the order details. Placing an order is considered to be an offer to the seller to enter into a contract.
3.3. Once the order has been placed, the customer will receive an order receipt confirmation which again sets out the content of the customer’s order. This order confirmation does not represent an acceptance of the offer, but merely documents that the seller has received the order.
3.4. The seller reserves the right to accept the order. The seller is not obliged to conclude a contract on the basis of the order. An order may be cancelled or refused at the seller’s discretion. The customer will be informed in writing of the cancellation or refusal of the order.
3.5. The contract only comes into existence through the seller’s express declaration of acceptance. Without being obliged to do so, the seller is entitled to accept the customer’s order within seven days of receiving it. Acceptance is declared by sending an invoice to the customer.
3.6. The foregoing shall apply even if the customer has already paid the purchase price by the chosen method of payment or has already ordered payment. In this case, if the contract is not concluded for any reason, the seller will inform the customer and refund the advance payment. If the contract is concluded, at least for part of the goods ordered, the customer will be informed in writing. In this case, the refund will be made for all the goods that cannot be delivered.
3.7. Insofar as the order includes several items, the contract is only concluded for the items expressly indicated on the invoice.
- PRICES, SHIPPING AND DELIVERY
4.1.All prices quoted in the online shop are exclusive of any applicable value added tax.The Seller shall inform the Customer of any shipping costs and any additional costs, e.g. for express orders or gift packaging, in the order form immediately prior to placing the order.4.2.The seller reserves the right to change the price of the items offered at any time.The price at the time of ordering will apply.
4.3. Unless otherwise agreed, delivery is made to the delivery address indicated by the customer.The seller will inform the customer of the delivery time if applicable during the ordering process and/or in the e-mail with the invoice and order confirmation.
4.4.Once the goods have been handed over to the carrier, the latter will send the customer a dispatch confirmation which includes a tracking code enabling the customer to follow the delivery.
4.5. The customer is obliged to take delivery of the goods as soon as he receives the message with the invoice.Requests for changes and cancellations can no longer be taken into account or will only be taken into account at the discretion of the seller. The right of withdrawal in accordance with clause 6 below remains reserved.
4.6. When goods are delivered to the address indicated by the customer, any visible differences in quantity must be notified to the carrier immediately and any non-visible differences in quantity must be notified to the seller in writing within five (5) days of receipt of the goods (see section 2 After-sales service).
4.7. If a delivery does not arrive at the customer’s premises despite confirmation of dispatch by the carrier, or if the customer does not receive any news from the carrier within two days of confirmation of delivery, the customer must contact the seller’s after-sales service without delay (see section 2 above).
- PRESENTATION OF GOODS, DELIVERY TIMES, AVAILABILITY
5.1. Images of products in advertisements, brochures, in the online shop, etc. are for illustrative purposes only and are not binding. The same applies to details of individual items, which are provided for information purposes only. The manufacturer’s information (e.g. on the manufacturer’s guarantee) is authoritative only insofar as it is applicable in Switzerland. The manufacturer’s information (e.g. on the manufacturer’s guarantee) is authoritative insofar as it is applicable in Switzerland. We reserve the right to change the products presented in the online shop at any time and without prior notice and to limit the number of units per customer.
5.2. Certain goods displayed in the online shop cannot be ordered and purchased directly in the online shop. This is specified in the relevant product information. For these goods, the Customer has a request form in the Online Shop.
5.3. All information on delivery times for goods in the online shop is non-binding.
5.4. If the seller is unable to meet a delivery deadline for reasons for which it is not responsible (unavailability of the goods, e.g. due to force majeure), the seller will inform the customer without delay, if necessary specifying a new delivery deadline. If the delivery period is not acceptable to the customer or if the goods are not available in whole or in part within the new delivery period, both parties to the contract have the right to withdraw from the contract in respect of the goods concerned; in this case, any consideration already paid for the unavailable goods will be reimbursed immediately by the seller to the customer.
5.5. Delivery is made on condition that the seller is supplied by the supplier in good time and in due form. There shall be no delay in delivery in the event of force majeure, such as strikes and other industrial disputes, riots, war, natural disasters or in the event of the manufacturer or supplier being unable to deliver. The seller cannot be held responsible for delays in delivery caused by manufacturing companies or third parties.
5.6. Goods are available while stocks last. In exceptional cases, errors and corrections may occur, particularly when several customers order the same goods at the same time. The seller is not responsible for stock shortages or the unavailability of goods.
5.7. If all the goods ordered are not in stock, the seller is entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that all or part of the goods cannot be delivered for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
- RIGHT OF WITHDRAWAL
The seller grants the customer a contractual right of withdrawal, notified in writing within 2 days of the order being placed. The right of withdrawal expires at the latest on delivery of the order.
- RESERVATION OF OWNERSHIP
The seller reserves ownership of the goods delivered, in any case, until full payment (definitive and unconditional credit of the total purchase price) of the invoice amount for a delivery. For customers based in Switzerland, the seller is entitled to make a corresponding entry in the register of retention of title.
- PAYMENT TERMS
The goods and services offered for sale by ORBIS may be paid for in cash in Swiss francs and euros, by credit card and by bank transfer. All orders must be paid in full within thirty days of the date of issue of the invoice.
The seller reserves the right to assign to third parties or pledge claims against the customer arising in connection with the delivery of goods, including any partial payments due, default interest and collection costs.
- TRANSFER OF PROFIT RISKS
10.1. The seller’s performance consists of the obligation to send and ends with the transfer to the carrier. After dispatch, the risk of deterioration and accidental destruction of the goods is transferred to the customer. The seller is not liable for the negligence of the appointed transport company.
10.2. If the seller explicitly assumes the transport costs in a particular case, this will not affect the transfer of risk.
- OBLIGATION OF EXAMINATION AND COMPLAINT, GUARANTEE
11.1. Deviations in the quality, colour, size, equipment or design of the goods that are customary in the trade or are technically unavoidable do not constitute defects. The same applies to any documented and published signs of ageing of second-hand watches.
11.2. The customer is obliged to check the goods delivered as soon as the usual course of business permits and to notify the seller’s after-sales service of any defects without delay (see paragraph 2 above). If the customer fails to do so, the goods shall be deemed to have been accepted. In any event, the delivery shall be deemed to have been accepted if the customer does not submit a complaint by e-mail to the After-Sales Service within 2 days of delivery.
- TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, the customer must notify the carrier immediately and contact the seller without delay. Failure to lodge a complaint or to contact the seller has no effect on legal rights or the exercise of such rights, in particular warranty rights. However, the customer shall assist the seller in asserting its rights against the carrier or the transport insurance company.
13.1 Any liability on the part of the seller for slight negligence is excluded. Liability for vicarious agents is excluded.
13.2 In particular, the seller is not liable for any damage resulting from any of the following causes: (i) inappropriate, unlawful or contrary to contract storage, adjustment or use, (ii) use of incompatible parts or accessories, (iii) lack of maintenance and/or inappropriate modifications or repairs to the goods by the customer or by a third party, (iv) force majeure, in particular elementary damage due to damp, falls or knocks, etc., which cannot be attributed to the seller and judicial or administrative orders.
- DATA PROTECTION
The collection and processing of personal customer data by the seller is explained in the data protection declaration. It forms an integral part of these General Terms and Conditions. By approving these General Terms and Conditions of Sale, the customer also declares that he/she has read and understood the data protection declaration.
- APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law shall apply exclusively. This choice of jurisdiction applies to consumers only insofar as it does not deprive them of the protection of the mandatory consumer protection provisions of the state in which they are ordinarily resident. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions of Sale is Lausanne.
When used watches are sold, an ORBIS warranty is issued. Insofar as an ORBIS warranty is issued, ORBIS guarantees, as an independent warranty statement, the proper functioning of the watch from the date of sale for a period of two years.
Traces of age of the ORBIS guaranteed watch revealed at the time of purchase as well as defects or damage resulting from the following causes are excluded from this guarantee:
– inappropriate or improper use of the goods (knocks, shocks, destruction, etc.), external interventions and lack of maintenance insofar as it has been recommended by the manufacturer (water-resistance checks in particular), defective or negligent treatment or use of components other than those recommended by ORBIS;
– loss, theft or fire;
– wilful damage due to mishandling, negligence or accident and/or incorrect repair or modification of the goods by the customer or third parties.
Insofar as the water-resistance of a watch is not guaranteed at the time of sale, the customer is expressly informed of this. In this case, water-resistance is excluded from this warranty. As a general rule, water-resistance is not a durable characteristic that ORBIS can guarantee, given that the incorporated water-resistance elements may lose their effectiveness in their function and in daily use. The customer is therefore strongly advised to have the seal regularly checked in accordance with the manufacturer’s recommendations.
The customer shall allow ORBIS an appropriate period of time to rectify any defects subject to warranty. ORBIS may decide how to remedy defects under warranty, but ORBIS shall in all cases be entitled to remedy damage and defects free of charge.
1. Scope of application
- These ORBIS Auctions Sàrl (“ORBIS”) Terms and Conditions are common to all ORBIS Ateliers and its partners (“ORBIS Atelier”), and apply to all repair and maintenance services (“Service”) performed by them on watches (“Product”) belonging to a third party (“Customer”).
- Request for Service
- The request for Service may be made directly by the Customer using the online form (“Service Request”) accessible on the ORBIS website, or by message or telephone.
2. After completing the Service Request, the Customer will receive a confirmation of the Service Request (“Confirmation”).
- The Customer will also receive a Service Reference Number. The approximate delivery date and other information will be sent to the Customer in due course.
3. Process and timetable
- The Customer will send its Product to the ORBIS Workshop which will examine it and prepare a Quotation for the cost of the Service (“Quotation”).
- The ORBIS Workshop will not commence performance of the Service until it has received approval of the Quotation.
3. If the Service is covered by the ORBIS warranty, no Quotation will be issued, except for specific and optional aesthetic services requested. The Customer will be informed when the Service begins.
- Atelier ORBIS will endeavour to complete the Service within a reasonable time. However, any date given by Atelier ORBIS for completion of the Service is approximate only and Atelier ORBIS shall not be liable for any loss or damage arising from failure to meet such date.
4. Delivery of the Product
- The Confirmation sent to the Customer contains detailed information describing how to send the Product to Atelier ORBIS.
- The Product may be sent by post in the box and packaging provided to the Customer by Atelier ORBIS, which may be prepaid in some countries.
- In countries where the prepaid box and packaging are not available or if the Customer does not use the prepaid box and packaging, the risks and costs of delivery shall be borne by the Customer.
- Upon receipt of the Product, Atelier ORBIS will send the Customer a Quotation within a reasonable period of time.
- The Quotation will describe the condition of the Product and list the nature of the mandatory and optional repair services, specifying, if necessary, the components and parts of the Product that need to be replaced or repaired.
- The Quotation remains valid for thirty (30) days from the date it is drawn up and must be expressly approved by the Customer.
- The Quotation is free of charge. The cost of the Quotation will only be charged to the Customer if the Quotation is refused or the Service Request is withdrawn and the Product is returned to the Customer without having undergone any Service.
6. Modification of the Quotation
- If the Atelier ORBIS discovers during the Service that additional operations not included in the initial Quotation are required to preserve the functionality, integrity or watertightness of the Product, the Atelier ORBIS will inform the Customer without delay.
- Before continuing with a Service, the Atelier ORBIS will send an updated Quotation to the Customer requesting its express approval.
7. Acceptance of the Quotation by the Customer
- When the Customer has expressly accepted the Quotation and paid the full amount due, Atelier ORBIS will proceed with the Service using all reasonable endeavours.
- The Customer retains the option of extending its consent to optional services not initially accepted by it, if such acceptance is communicated in writing to the ORBIS Workshop prior to the commencement of the Service.
8. Refusal of Quotation by Customer
- After expiration of the validity period of the Quotation, or if the Customer refuses the Quotation, the Product will be returned to the Customer in its original condition as delivered by the Customer to Atelier ORBIS, only after payment of the cost of the Quotation.
9. ORBIS warranty service request
- At the Customer’s express request, the Service may be covered by the terms of the warranty provided by ORBIS Auctions Sàrl and described in the General Terms and Conditions.
- If the Customer requests the ORBIS Workshop to repair the Product under the terms of the ORBIS warranty, the Customer must provide proof that the Service requested falls within the terms of the ORBIS warranty. If the Customer fails to provide such proof, Atelier ORBIS shall be entitled to charge the Customer for the Service, as for any Service not covered by the ORBIS warranty.
- If Atelier ORBIS considers that the Service is covered by the ORBIS warranty and that all the conditions have been met, the Customer will be notified and will also be informed of the imminent start of the Service.
- Atelier ORBIS will immediately interrupt the Service if it becomes aware, during the Service, that there is a reason for exclusion under the ORBIS warranty. Before continuing the Service, Atelier ORBIS will send a Quotation to the Customer and request his express acceptance in order to continue the Service.
- In the event of refusal of the Quotation by the Customer, Atelier ORBIS reserves the right to charge the Customer for any Service performed up to that point, as well as any costs associated with the preparation of the Quotation, packaging, transport and insurance, as Atelier ORBIS’ reasonable compensation. The Product will be returned to the Customer in its original condition as delivered to Atelier ORBIS by the Customer, only after payment of the aforementioned costs.
10. Right of withdrawal
- By accepting the Quotation, the Customer acknowledges that he irrevocably waives his right of withdrawal and ceases to have the right to cancel the Service.
11. Price and payment
- Recommended public prices for the Services are available on request from Atelier ORBIS.
- The price communicated to the Customer in the Quotation constitutes the total price, including all applicable additional charges and taxes. No additional fees are charged in connection with the means of payment available to the Customer.
- The price of the Service must be paid after acceptance of the Quotation and before performance of the Service.
- Details and terms of payment are expressly stipulated in the Quotation.
- Payment may be made by credit card, cash or bank transfer. The Customer acknowledges that payments made by credit card may be processed by a third party provider or by ORBIS and warrants that he/she has full authority to use the payment card details provided.
- Atelier ORBIS reserves the right to change the price of the Service at any time. Atelier ORBIS will not perform the Service at a modified price after express acceptance of the Quotation, and subject to the specific circumstances stipulated in Article 6.
12. Receipt of the Product
- Atelier ORBIS reserves the right to send the Product to Mr. Luca Cretin, if deemed necessary, in particular for the preparation of the Quotation, in case of doubt as to the authenticity of the Product or in case of uncertainty as to the identification of a vintage Product.
13. Service level
- If the ORBIS Workshop considers itself able to perform the Service on the Product, it will do so in accordance with ORBIS’ specifications.
- Atelier ORBIS shall decide at its sole and absolute discretion the nature and method of Service as it deems appropriate to fully achieve the functionality, integrity and watertightness of the Product in accordance with ORBIS quality standards.
- If the original components are no longer available or if it proves impossible to restore a vintage Product, the ORBIS Workshop will not be able to perform the Service. In such cases, ORBIS will propose, at its sole discretion, a commercial offer for a new product.
- If the Customer accepts the offer, Atelier ORBIS will return the original Product. Atelier ORBIS will engrave a specific marking on the Product, components and interior parts, for traceability purposes.
- Atelier ORBIS will request the Customer’s authorization before proceeding with the replacement or modification (including polishing) of any major component or part of vintage watches, such as glass, dial, case, balance, likely to affect its vintage character.
14. Replacement of components and parts
- Watch movement components and parts replaced during a Service are included in the Service price for as long as their replacement is considered customary and standard for the Service.
- In all other cases, including those where the Product has suffered an impact or other damage requiring the replacement of certain components or parts before their usual replacement date, Atelier ORBIS will send an updated Quotation to the Customer requesting his express approval.
- By accepting the Quotation, the Customer agrees that any component or part exchanged, including, becomes the property of Atelier ORBIS on the date of replacement.
15. Force majeure
- If, despite reasonable efforts, Atelier ORBIS is unable to complete the Service due to force majeure, completion of the Service will be interrupted and suspended depending on the nature and extent of the event. Force majeure includes, but is not limited to, natural phenomena, conflicts, strikes, attacks, unforeseen official restrictions and all other events beyond the control of Atelier ORBIS. If an event of force majeure delays or prevents the completion of the Service for a continuous period of six (6) months, the Customer may send written notice to Atelier ORBIS to request the return of the Product.
- Any Service performed up to the point of interruption will be charged to the Customer, together with any costs of packing, transport and insurance, as Atelier ORBIS’ reasonable compensation. No costs for work not undertaken will be charged to the Customer.
16. Return of the Product after completion of the Service
- The Product will be returned in protective packaging to the delivery address specified by the Customer on the Service Request form. Atelier ORBIS shall have full discretion as to how to package and ship the Product.
- Notification will be sent to the Customer on the day the Product is dispatched.
- If the Customer finds that the packaging is damaged, he/she will take a photograph of the packaging and inform Atelier ORBIS and the carrier of the damage in writing without delay, within three (3) days of the day on which the Product is returned.
17. Late collection of Product
- The Customer must withdraw the Product within a maximum of 2 years from the date of availability of the Product having undergone the Service. Failing this, and after reasonable and repeated attempts by Atelier ORBIS to send the Product and/or to contact the Customer, on the basis of the contact details provided by the latter in the Service Request or on his Service Account, the Customer expressly authorizes Atelier ORBIS to dispose of the Product at its sole discretion.
18. Service Warranty
- The warranty clauses below do not apply to the limited service of changing the battery or to other on-demand services. Any warranty relating to the watertightness or proper functioning of the Product is expressly excluded for such Services.
- All work performed during the Service is covered by a Service warranty of two (2) years from the date of Service shown on the invoice.
- The Customer shall carefully examine the Product within two (2) days of receipt of the Product after completion of the Service, and shall inform Atelier ORBIS in writing without delay of any apparent defect that can be promptly detected. Failing this, the Product will be deemed to have been accepted by the Customer in good condition, and Atelier ORBIS will be released from any claim or liability, except in the case of a defect that is reasonably impossible to detect promptly. Any longer period provided for by applicable local law remains reserved.
- The Service Warranty does not include: wear and tear resulting from normal use and ageing of the Product / theft / loss / damage due to natural disaster / damage due to accident such as shock, blow or crushing / damage resulting from improper treatment or use / damage resulting from alteration of the Product by any third party other than an authorized ORBIS Workshop.
- The Service Warranty is granted in addition to and without prejudice to any other legal rights you may have under applicable national law.
- The Service warranty is independent of and does not affect the ORBIS warranty given with your purchase.
19. Counterfeit Products
- If the first examination of the Product delivered and entrusted reveals that one or more components or parts are counterfeit, ORBIS reserves the right to refuse to perform the Service on the Product and will expressly inform the Customer.
- If the initial examination of the Product reveals that the Product or any of its components or parts are counterfeit, Atelier ORBIS may proceed with a detailed examination of the counterfeit Product and investigate its origin and marketing channel. Atelier ORBIS may request the assistance of the Customer, who accepts it, and ask for any relevant information.
- By handing over the Product to ORBIS or Atelier ORBIS, the Customer expressly agrees to transfer the Product to Atelier ORBIS, free of charge, for the purpose of destruction, in the event that the examination of the Product reveals that it is counterfeit or that the Product contains counterfeit components or major parts.
- In the case of counterfeit components or minor parts, Atelier ORBIS may, at its sole discretion, offer the Customer to replace them. A quotation will be sent to the Customer for approval. In the event of refusal, Atelier ORBIS reserves the right to refuse to perform any Service on the Product.
- Upon request, Atelier ORBIS will provide the Customer with a document confirming the counterfeit nature of the Product, and will assist the Customer if the latter chooses to take legal action against the seller.
20. Modified Products
- If a Product has original components or parts that have been altered in appearance or function, or are non-original, Atelier ORBIS reserves the right to refuse, at its sole discretion, to perform Service on the altered Product.
- At its sole discretion, Atelier ORBIS may agree to perform the Service on a modified Product. Atelier ORBIS will provide the Customer with a Quotation taking into account the work and components required to restore the Product to its original appearance and function.
21. Stolen Product
- If the Product has previously been reported stolen and is on the list of stolen products in the database of ORBIS and its partners, Atelier ORBIS reserves the right to inform the appropriate authorities. The Customer agrees that Atelier ORBIS may, upon request or at its own discretion, provide these authorities with the Customer’s contact details.
- Atelier ORBIS will not perform Service on the stolen Product until its rightful owner has been established.
- Atelier ORBIS will keep the Product in its custody until its rightful owner has been established. Only the competent authorities have the right to determine the rightful owner of the Product. Upon request, Atelier ORBIS may deliver the Product to the investigating authorities.
22. Protection of personal data
- Nothing in these Conditions shall limit or exclude Atelier ORBIS’s liability for death or personal injury suffered as a result of Atelier ORBIS’s negligence, fraud or fraudulent misrepresentation.
- Under no circumstances shall Atelier ORBIS be liable to the Customer in contract, tort (including negligence), for breach of statutory duty or otherwise, for any loss of profit, indirect loss or any unforeseeable loss or damage arising out of or in connection with these Terms.
- Atelier ORBIS’s total liability to the Customer in respect of all other losses arising under or in connection with these Conditions shall be limited to an amount equal to ORBIS’s recommended retail price at the relevant time for a replacement Product. In the event that ORBIS no longer manufactures and sells a product identical to the Product, Atelier ORBIS’s liability shall be limited to ORBIS’s recommended retail price at the relevant time for the nearest model equivalent to the Product in the current range. In such circumstances, Atelier ORBIS reserves the right, at its sole discretion, to discharge its liability by providing the Customer with a replacement for the Product or the closest equivalent model to the Product.
- Atelier ORBIS may transfer its rights and obligations under these Conditions to another organization, without affecting the Customer’s rights or Atelier ORBIS’s obligations under these Conditions. The Customer may only transfer its rights and obligations under these Conditions to another person with the prior written consent of Atelier ORBIS.
- These Conditions, together with the Service Request and the Quotation, constitute the entire agreement between Atelier ORBIS and the Customer with respect to the Service, and supersede any prior written or oral agreements, representations or understandings between Atelier ORBIS and the Customer. The parties confirm that they have not entered into this agreement on the basis of any representation or undertaking not expressly incorporated in the Service Request, the Quotation or these Conditions.
- If any provision of these Terms is held to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to become valid, legal and enforceable. If such modification is not possible, the provision in question shall be deemed deleted. No modification or deletion of any provision under this clause shall affect the validity and enforceability of the remaining Conditions.
- Atelier ORBIS reserves the right to modify these Conditions at any time. Any modification of these Conditions must be made in writing. The Customer agrees that the provision of the Service shall be governed by the Conditions in force at the time the Service Request is received by Atelier ORBIS.
25. Applicable law
- These Conditions and the relationship between Atelier ORBIS and the Customer shall be governed by and construed in accordance with the law of the country in which Atelier ORBIS’s registered office responsible for the Service is located, to the exclusion of conflict of law rules, provided that such choice of law is not excluded by the national law of the Customer’s domicile.
- This provision does not deprive the Customer of the protection afforded to him by mandatory provisions of the law of his domicile which may be more favorable to him.
- Any dispute arising out of or in connection with these Conditions, including any question concerning their interpretation, existence or validity, shall be submitted to the exclusive jurisdiction of the competent courts of the place where the registered office of Atelier ORBIS in charge of the Service is located. This provision shall not deprive the Customer of the protection afforded by mandatory provisions of applicable law from which it is impossible to derogate contractually.
Auctions shall take place as per this Terms and Conditions of Sale and be open to the public provided that ORBIS Auctions may at its discretion exclude any person or internet bidder from an Auction.
All bidders must register with ORBIS Auctions before placing their first bid. Bidders must register on www.orbis.auction (the “Auction Site”).
ORBIS Auctions may reject the registration of any bidder in its sole discretion.
Registration constitutes acceptance in full of these Terms and Conditions of Sale as well as any rights and obligations arising there from. These same conditions also apply to all transactions in auction lots taking place outside the Auction.
ORBIS Auctions is the Auction Department of ORBIS Auctions Sàrl (the “Company”).
ORBIS Auctions as organiser of the auction acts as an agent only and is not liable for any default(s) of Buyer(s) or Seller(s). All contracts for lots will be between the Buyer and the Seller.
The English version of these Conditions of Sale is the authoritative and binding text.
- Rights and Obligations of the Seller
2.a The Seller’s premiums are 5 %, which shall be paid by the Seller to the “Company”.
2.b For each lot that is sold the Seller will pay 1.5% of the price for insurance. In the case the “Company” deems it appropriate, the Seller shall have the obligation to pay additional charges for insurance (including transit insurance) packing, shipping, customs duties, import tax, catalogue illustration, examination by experts and storage. These amounts shall be separately advised to the Seller by the “Company”.
2.c If any amount payable to the “Company” under these Terms and Conditions of Sale is subject to any Goods and Services Tax, Value Added or like tax or levy the same shall be paid by the Seller in addition to any other amount payable by the Seller.
2.d If a lot is withdrawn from the Auction, the Seller will pay to the “Company” 10% of the reserve or the estimated auction value.
2.e All amounts payable by the Seller to the “Company” will be paid within 20 days of the date of the Auction or withdrawal from the Auction and may be deducted from any payment due to the Buyer from the sale.
2.f Subject to receipt of payment from the Buyer, payment will be made to the Seller within 30 days from the date of the Auction. In the event of receipt of payment from the Buyer later than 25 days front the date of the Auction, the “Company” will make payment within 7 days of receipt of payment from the Buyer.
2.g The Seller represents and warrants that it, is the absolute owner of each lot and that it is free and clear of all liens, charges and encumbrances, has complied with all import or export requirements and has notified the “Company” of all material alterations to the lot or of any material concerns relating to the ownership condition or attribution of the lot.
2.h The Seller agrees that the “Company” may offer the lot for sale in accordance with their Terms and Conditions of Sale and with such reserve as may be agreed.
2.i All lots held in the possession of the “Company” will be insured against risk of fire, burglary, water damage or accidental damage (but not for woodworm changes in atmospheric condition or terrorism) in an amount considered by the “Company” to be their appropriate value from the date of receipt to the date 30 days after the Auction or withdrawal from the Auction whichever is earlier. Thereafter lots will be at the risk of the Seller. Save in respect of the obligation to ensure the “Company” shall have no obligation for loss or damage to any lot which shall be at the risk of the Seller or the Buyer.
- Lots and Catalogue
3.a The lots are as presented on ORBIS Auctions’ Website. The “Company” shall have complete discretion as to how the lot is described on the Website. The “Company” does not accept any responsibility or imply any warranty for the authenticity, attribution, genuineness, authorship, date, age period or quality of any lot. Photographs count as part of the description with regard to visible attributes. Material contained in the catalogue, advertisements or other publications of the “Company” is presented on an indicative basis only and is not to be taken as a statement or representation of fact.
The “Company” reserves the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
3.b The lots are as viewed. Before and during the Auction, all lots may be examined by appointment. Persons attending the Auction and/or who have viewed any lots before the Auction and/or bidder’s representatives and auction agents are understood to have examined all lots which they purchase and to accept them as they are at the moment of the knocking-down and not necessarily as described. Those persons interested must examine the lots personally to confirm their actual condition and to determine if any object has been repaired or restored.
3.c The copyright of the text, photographs and illustrations contained in catalogues and other publicity material shall vest in the “Company”. Where the Seller provides the text, photographs and illustrations for publication, the Seller warrants that use is authorised by the copyright owner and indemnifies the “Company” for any claims for breach of copyright or wrongful use.
Items will be available for viewing as listed at the Auction Site. It is recommended that potential bidders ask for an appointment.
- Identification and bidding
5.a Those persons who wish to bid at the Auction must make themselves known before the sale to the “Company”. Those persons who wish to bid over the phone or over the Internet must make themselves known at least one working day prior to the day of the Auction. Those persons who are not known to the “Company” may be asked to provide financial security for their bids at least one working day before the Auction.
The auctioneer has the right to refuse to sell any lot to an unidentified person or to someone deemed to be a bad debtor at the sole discretion of the “Company”, in order to protect the interests of the Seller.
5.b Buyers giving written bidding instructions to the “Company” may make alternative offers and/ or limit the total of their expenditure in advance. Bids stand and hold good for at least 60 days from the Auction period. All such instructions must be given 24 hours before the Auction. In the case of identical bids which are the highest for a lot, the lot shall be sold to the person whose bid was received first. The “Company” shall not be liable for any failure to bid.
5.c The “Company” may also bid on behalf of Sellers in cases where reserve prices have been fixed. In these cases, the Seller is treated as a buyer and the auctioneer may bid on his behalf up to the reserve prices. If the reserve price fixed by the Seller is not reached the auctioneer will withdraw the lot from the Auction and proceed to the next lot. In cases where no reserve is fixed, the Seller may bid personally.
5.d The “Company” have full discretion, to divide any lot or lots, to combine any two or more lots and to withdraw any lot or lots from the sale and vary the order in which lots are offered for sale without, in any case, giving previous notice or any reason therefore.
5.e Any person bidding for the account of a third party including, but not limited to bidder’s representatives and auction agents, is fully liable for any obligation assumed by such person arising from the Auction.
5.f The auctioneers shall be solely responsible for the regulation and control of the bidding.
The “Company” may refuse to knock down any lot of this sale at its sole discretion.
The “Company” reserves the right to refuse any bids, at its sole discretion without giving any reason or previous notice. The “Company” cannot be held responsible for any physical accident that may occur on the premises of the auction other than for personal injury caused by negligence.
- The Auction
6.a The sale takes place in CHF, and without any guarantee given by the “Company”.
Neither the “Company”, nor the Seller accept any responsibility whatsoever, for any defect or deterioration of any lot, nor for any indications given concerning the author, maker, origin, period, age, attribution, authenticity, provenance, weight or condition of any object.
Furthermore, no employee of the “Company” has authority either to give or to make any kind of guarantee, representation or warranty whatsoever to any person in respect of any lot, other than the description given in the catalogue.
6.b The Auction will be conducted in English. The stalling price is fixed by the auctioneer at his discretion. The increase in bid steps is fixed at the discretion of the auctioneer.
6.c By placing a bid on a lot, the bidder is committing to a legally binding and irrevocable offer to purchase the lot at any price up to and including his or her highest bid amount. Failure to complete the transaction is a breach of these Terms and Conditions of Sale and is legally actionable by the “Company”. All bid retractions require the prior written consent of the “Company”.
6.d The highest bidder for a lot acceptable to the auctioneer prior to the fall of the hammer, shall be the Buyer. All lots are offered for sale without reserve unless instructions to the contrary are received by the auctioneer from the Seller prior to the commencement of the Auction. Each lot is sold on behalf of the respective owner to the highest bidder. In addition to the sale price, the Buyer shall pay a commission to the “Company” of 18% on the hammer price. A reduction of 3% for a total of 15% will be applied to the commission if the Buyer is also the first bidder for the same lot. This reduction will be applied directly to the final invoice.
6.e The Seller may not withdraw a lot from the Auction without the consent of the “Company”. The “Company” may withdraw a lot from the Auction if it has any doubt as to its attribution or authenticity, there is a breach of any of these Terms and Conditions of Sale or if it believes that it would be improper to include any lot in an Auction.
- Auction via Internet
7.a These Terms and Conditions of Sale apply to and govern the bidding on and purchase of all items offered at auction through the services of ORBIS Auctions at the Auction Site.
7.b Neither the “Company” nor its web hosting company are responsible for any loss or damage experienced by any bidder or purchaser through his or her use of the Auction Site.
Neither the “Company” nor its web hosting company guarantees continuous, uninterrupted, or secure access to the Auction Site as operation of such site may be interfered by numerous factors outside its control. The “Company” and its web hosting company will attempt to prevent inappropriate use of the system but will not under any circumstances be responsible for damage or loss caused by errors in the Auction Site system software or the internet.
- Payment and Shipping
8.a In the case of Buyers attending in person, sale price plus commission and other sums due to the “Company” are due for immediate payment in CHF against delivery of the lots. Internet bidders, absentee bidders, mail bidders and telephone bidders who are successful, are due to pay the sale price and the commission and other sums due to the “Company” on receipt of the auction invoice or as stated on the invoice. In these cases, the “Company” keeps the sold lots, which will be delivered to the Buyers on full settlement of their account. Delivery of the purchased lots by FedEx or UPS or any other means instructed by the Buyer, including cost of delivery and normal transit insurance cover, is at the expense and risk of the Buyer which the “Company” will invoice the Buyer and the Buyer shall pay in advance of delivery. All import and export taxes are at the expense of the Buyer. For each lot sold at auction that is sent to the Buyer, the “Company” will charge 1,5% of the hammer price to cover shipping insurance. Lots sold by any other means are not insured for delivery by the “Company” and shipping insurance is at the expense, risk and responsibility of the Buyer. Buyers accept, represent and undertake that they shall pay all sums incurred in connection of this Condition on due time and they have no right of objection in respect of the sums to be owed by them according to this Condition.
8.b In the case of late payment of more than 30 days, the “Company” shall be entitled:
– to charge interest at a rate not exceeding 1.5% per month on the full amount due to the extent it remains unpaid for more than 30 days after the date of the Auction;
– to set off against any amounts which the “Company” may owe the Buyer in any other transaction the outstanding amount remaining unpaid by the Buyer;
– to exercise a lien on any of the Buyer’s property which may be in the possession of the “Company” for any purpose and, following 14 days’ notice to the Buyer of the amount outstanding and remaining unpaid, arrange the sale of such property and apply the proceeds in discharge of the amount outstanding to the Buyer;
– where several amounts are owed by the Buyer in respect of different transactions, to apply an amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
– to reject at any future Auction any bids made by the Buyer or on his behalf or obtain a deposit from the Buyer before accepting any bids;
– to issue proceedings on behalf of the Seller and at the cost of the Seller against the Buyer to recover full amount due, together with the costs of such proceedings on a full indemnity basis;
– to cancel the sale of the lot or any other item sold to the Buyer at the same or any other auction;
– to arrange a resale of the lot, publicly or privately, and, if this results in a lower price being obtained, claim the balance at the cost of the Seller from the Buyer together with any costs incurred in connection with the Buyer’s failure to make payment.
- Unsold Lots and Items not collected
9.a If any lot is unsold, or is not included in a sale, or is withdrawn from sale for any reason, it must be collected from the “Company” within 30 days after a notice is sent to the Seller requiring the Seller to collect it. If any such lot remains uncollected for a period exceeding 30 days, a storage charge and an additional charge will be made for insurance. The Seller will not be entitled to collect the lot until all outstanding charges are met.
9.b If any such lot is not collected within 90 days after the date of the notice referred to above it may be disposed of by the “Company” as it sees fit, which may involve its removal to a third party warehouse at the Seller’s expense and its sale by public auction on such terms as the “Company” considers appropriate, including those relating to estimates and reserves.
The “Company” shall then account to the Seller for the proceeds of sale, having deducted all amounts due.
9.c Where purchases are not collected within 30 days after the sale, whether or not payment has been made, the “Company” shall arrange storage at the Buyer’s expense, and only release the items purchased after payment has been made in full of storage, removal, insurance and any other costs incurred, together with payment of all other amounts due to the “Company”.
- Limit of Liability
Neither the “Company” nor the Seller are responsible for any statement as to the authorship, origin, age attribution, genuineness or provenance of any lot nor any other errors of description or faults in any lot. Neither the Seller nor the “Company” or any employees or agents of the Seller or the “Company” give any guarantee in respect of any lot.
Any notice given under these Terms and Conditions of Sale is to be in writing and, if given by post, will be taken to have been received by the addressee on the second working day after posting or, if the addressee is overseas, on the fifth working day after posting.
If any part of these Terms and Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part may be discounted, and the rest of the conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
- Applicable law and jurisdiction
The Auction as well as any rights and obligations arising there from shall be governed exclusively by the laws of Switzerland. Any legal action or proceeding with respect to the Auction shall be submitted to the exclusive jurisdiction of the courts of Switzerland. In every case, the “Company”, shall also be entitled, at its discretion, to sue any Buyer in default at his place of residence or in any other jurisdiction which the “Company” at its sole discretion may consider appropriate; in such case, the laws of Switzerland shall remain applicable.