Sale Terms & Conditions
These conditions of sale (“Contract”) shall govern the sale of goods and services from the website snglrtywatch.com (“Goods”) by SNGLRTY GmbH having its registered office at Länggass Str. 21, Bern 3012, Switzerland. (“Company”); to any person, firm, or company who purchases Goods from the Company (“Buyer”).
Unless expressly agreed in writing by the Company, this Contract shall govern all transactions between Company and Buyer until amended or otherwise agreed in writing by the Company. No variation of these conditions shall be binding unless agreed in writing by the Company.
Where delivery takes place at the Company’s premises, including where delivery is arranged by the Buyer and the Goods are released by the Company in order to be delivered, risk in the Goods will pass to the Buyer on the earlier of delivery of the Goods to the Buyer or to the Buyer’s carrier or agent. Where the Goods are sent carriage paid or carriage forward by the Company risk in the Goods will pass to the Buyer upon passing the Goods to the Company’s carrier or agent.
The Company shall under no circumstances be responsible for failure or delay in performing or fulfilling the Contract or otherwise failing to implement its obligations to the Buyer if such failure or delay shall be due to fire, flood, riot, strike, freight embargo, or transportation delays, shortage of labor, inability to procure or secure fuel, material supplies or power at current prices or on account of shortage thereof, acts of God or of a public enemy, any existing or future laws or acts of a government authority having jurisdiction over the Company affecting the conduct of the Company’s business with which the Company in its judgment and discretion deems it advisable to comply as a legal duty, or to any cause beyond the Company’s reasonable control. Subject to the foregoing the occurrence of such circumstances or events will not operate so as to affect or suspend any other rights or obligations of either party hereunder.
TRANSFER OF OWNERSHIP
Notwithstanding the delivery of and passage of risk in Goods, the ownership of the Goods shall not pass to the Buyer until the Buyer has paid the Company the full invoice value for the Goods and any other sums which are or become due from the Buyer to the Company (or any holding company or subsidiary of the Company) on any account.
If it has been agreed in writing between the Buyer and the Company that the Company shall deliver the Goods, the following shall apply:
Any dispatch date indicated by the Company is approximate only and the Buyer shall be bound to accept the Goods ordered. The Company shall not be liable in respect of late dispatch or delivery howsoever caused nor shall any delay in or failure to dispatch be deemed as a breach of contract or duty on the Company’s part. Time of delivery shall not be of the essence of the Contract.
If the Company does not receive forwarding instructions from the Buyer sufficient to enable the Company to dispatch the Goods for delivery the Company may arrange storage and charge the Buyer reasonable charges, including insurance and extra handling costs, in respect of these services. Regardless of delivery the Goods shall be invoiced and be subject to the terms of payment as stipulated herein.
The Company shall not be liable to the Buyer: –
For short delivery of any Goods unless the Buyer notifies the Company and the forwarder in writing thereof within 7 days of delivery (notification not to be on the forwarders own documents);
For non-delivery of any Goods unless the Buyer notifies the Company within 14 days of the date of the Company’s invoice.
For defects in any Goods caused by the act, neglect or default of the Buyer or any third party.
For any defects in any Goods unless notified in writing to the Company within 7 days of delivery of the Goods.
Where liability is accepted by the Company, the Company’s sole liability will be to make good any shortage or non-delivery and/or as appropriate repair and replace any Goods at the Company’s sole discretion.
The Company’s aggregate liability in respect of any claim or series of claims by the Buyer whether for negligence, breach of contract, misrepresentations or otherwise shall be limited to and shall in no circumstances exceed the value of the net price invoiced for the Goods in respect of which the claim arises.
Subject to the foregoing, all conditions, warranties, and representations expressed or implied by statute, common law or otherwise in relation to the Goods to be provided by the Company are hereby excluded to the fullest extent permitted by law and the Company shall be under no liability to the Buyer for any loss or damage arising directly or indirectly from defective material, faulty workmanship, incorrect information or advice or otherwise and whether or not caused by the negligence of the Company, its employees or agents save that the Company does not exclude liability for death or personal injury caused by the negligence of the Company. Without prejudice to these terms, no claim shall be competent against the Company in respect of any consequential or indirect loss and the Company hereby excludes any and all liability in respect thereof.
Nothing contained in this Contract shall grant the Buyer any right to return to the Company any Goods.
Should any part of this Contract be held to be invalid under any applicable statute or rule of law it is to that extent omitted and the remaining conditions shall remain in full force and effect.
Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time thereafter.
In the case of any partial completion of any order for any reason, the Company shall be entitled to a quantum meruit payment in respect of all work done by the Company without prejudice to the Company’s rights should non-compliance be occasioned by the Buyer’s default.
The headings to each condition hereof shall be for guidance only and shall not be deemed to form part of these conditions nor affect their interpretation.
The Contract shall in all respects be construed in accordance with and governed by the law of the Hong Kong Special Administrative Region (HKSAR) and both parties shall submit to the exclusive jurisdiction of the Hong Kong Courts.
The Company is the owner or the licensee of all intellectual property rights in the Goods and in the brand including text, images, photographs, illustrations, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein. All such rights are reserved. The intellectual property rights shall not be used by the Buyer without the express written consent of the Company.
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