Terms of service

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale (hereinafter: the "General Conditions") shall apply to all offers, orders, order confirmations, contracts and deliveries between you (hereinafter: the "Buyer") and kollokium GmbH (hereinafter: “KOLLOKIUM”, “we”, “us” or “our”), made through www.kollokium.com (hereinafter: the "Website") operated by KOLLOKIUM, as well as through email communications.

1.2 KOLLOKIUM is a company with its seat located at Schwyzerstrasse 73, 8832 Wollerau, Switzerland. At any moment, you can contact us at the following email address: hello@kollokium.com.

1.3 By placing an order (hereinafter: the "Order"), you acknowledge that you have read, understood and accepted, without any reservation, these General Conditions, as in force at the time the Order is placed, and agree that they form an integral part of the contractual relationship between you and KOLLOKIUM and that they are binding. By placing an Order, you furthermore agree to the General Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority and capacity to enter into such an agreement.

1.4 KOLLOKIUM reserves the right to modify these General Conditions at any time, and at its sole discretion, by publishing a new version on the Website. The new version of the General Conditions shall be applicable to any Order validated after its publication.

1.5 Certain features of the Website may be subject to additional terms and conditions or rules, which are available on the relevant pages.

1.6 We invite you to read our Privacy and Cookies Policy (hereinafter: "Privacy Policy"), and Terms of Use, which form an integral part of these General Conditions.

2. PRODUCTS AND OFFERS

2.1 On the Website, KOLLOKIUM publishes our watches and any other items available for sale (hereinafter: the "Products") and indicates their characteristics and prices. The information on the Website concerning the Products and their prices is subject to change without notice.

2.2 The Buyer can order the available Products by placing an Order. To place an Order, the Buyer can either create an account or continue as a guest on the Website or, if previously agreed upon with KOLLOKIUM, place an Order by email at hello@kollokium.com. The information provided in any of these cases will be stored and processed exclusively for the proper completion of the Order, its invoice and delivery, and in any case, in accordance with our Privacy Policy.

2.3 Any Order placed by the Buyer constitutes a binding and definitive offer to conclude a Purchase Agreement with KOLLOKIUM for the Products concerned (hereinafter: the "Offer").

2.4 Upon the placement of any Order, the Buyer will receive a confirmation of the Order (hereinafter: the "Confirmation of the Order"). This does not constitute an acceptation of the Offer by KOLLOKIUM.

2.5 When a Product is not available, the Buyer can request to be placed on a waiting list. The information provided in this case will exclusively be used for the intended purpose, and in accordance with our Privacy Policy. The placement on the waiting list is non-binding.

3. CONCLUSION OF A PURCHASE AGREEMENT AND PASSING OF RISKS

3.1 The Purchase Agreement is concluded when KOLLOKIUM accepts the Buyer's Order. The Order is deemed to be accepted when, following the payment by the Buyer, KOLLOKIUM provides the Buyer with a confirmation of acceptation through the Website, by email, by any other written communication, or by sending the Products ordered.

3.2 KOLLOKIUM reserves the right to refuse an Order at its sole discretion, without having to justify its decision.

3.3 The risk of loss and damage to the Products shall be transferred to the Buyer as soon as the Purchase Agreement has been concluded.

4. PRICES AND ADDITIONAL COSTS

4.1 The Buyer will be charged the price displayed on the Website at the time the Order is validated (hereinafter: the "Purchase Price").

4.2 The prices on the Website are indicated in Swiss francs (CHF) without Value Added Tax (VAT). For deliveries within Switzerland the Swiss VAT will be added on the invoice displayed on the checkout page or communicated via email.

4.3 KOLLOKIUM reserves the right to modify its prices at any time and to cancel a Purchase Agreement that contains errors in wording, printing or calculation.

4.4 Unless indicated otherwise by KOLLOKIUM, the delivery costs are supported by KOLLOKIUM.

4.5 Deliveries to countries other than Switzerland may imply customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) and which are not taken into account in any of the Prices indicated on the Website. The Buyer must bear any custom duties and other taxes applicable in the country of delivery, as well as any other costs linked to the delivery of the purchased Products outside of Switzerland. By accepting these General Conditions, the Buyer agrees to pay any customs duties, taxes or any other costs that may apply in relation to the delivery in another country than Switzerland.

5. PAYMENT

5.1 The Purchase Price for the Products ordered is due and to be paid immediately upon validation of the Order by the Buyer.

5.2 Payments may be done by the use of any of the Payment Means accepted by the Website at the time of the Order, such as Paypal, Apple Pay, by bank transfer, and by credit card. In the event an Order is placed through email, payments may be executed by bank transfer, or by using the secure payment link provided by KOLLOKIUM in an email. The processing of personal data related to payments and the Payment Means is addressed in our Privacy Policy.

5.3 Credit card payments are made on the secure payment service provider website. The Buyer will be automatically redirected to their site when they validate the Order. Credit card payments are fully managed by the payment service provider, whose general terms and conditions are the only ones applicable to credit card payments. No information concerning the Buyer's credit card will be requested or recorded by KOLLOKIUM, either on the Website, or by email.

5.4 In the event that the Order is eventually not accepted (due, for instance, to issues affecting stock or any other reason which KOLLOKIUM may at its sole discretion determine), any part of the Purchase Price already paid shall be reimbursed to the Buyer on the account used by the Buyer to make the original payment, within a reasonable timeframe.

6. DELIVERY

6.1 The Products will be delivered to the shipping address stated by the Buyer as part of the Website checkout process or by email, and through a delivery service appointed by KOLLOKIUM. The expected delivery time mentioned on the Website or by email is indicative and may be subject to customs clearance or other delays outside of the control of KOLLOKIUM. KOLLOKIUM shall not be liable for any delayed Delivery.

6.2 In the event that several Orders are made simultaneously by the Buyer, Delivery may be split, such that certain Orders may be delivered before others.

6.3 The Buyer must immediately inspect the Products upon Delivery. If the Buyer discovers any defects, they must immediately notify KOLLOKIUM without delay, and at the latest, within seven (7) days. In the absence of such notification, the Products shall be deemed to be accepted.

7. NO WITHDRAWAL RIGHTS

7.1 The Buyer understands and agrees that there is no withdrawal right once the Order is confirmed in accordance with article 3 above.

7.2 The right of KOLLOKIUM to accept, at its sole discretion, a return for replacement in conformity with article 8 is reserved.

7.3 In the exceptional case where KOLLOKIUM accepts a return or refusal of a Product after shipment, and without any defect or fault attributable to KOLLOKIUM, we reserve the right to charge a flat fee of fifteen percent (15%) of the Product’s value to compensate for administrative and shipping costs, unless otherwise agreed.

8. WARRANTY

8.1 KOLLOKIUM warrants any Products delivered against defects for a period of two years starting from the moment of the Order.

8.2 The Buyer shall notify KOLLOKIUM of any defect affecting the Products within the warranty period.

In the event that a defect comes to light subsequently to the Delivery but within the warranty period, the Buyer shall notify KOLLOKIUM immediately. In the absence of such notification, the Products shall be deemed to be accepted even in respect of such defects.

KOLLOKIUM shall, at its sole discretion, replace or repair the Products in question, to the exclusion of any rescission of the Purchase Agreement or reduction of price. While waiting for KOLLOKIUM's response, the Buyer shall keep the Product safely in its possession.

8.3 After-sales services may be provided following the end of the warranty period. Such services are subject to a quote and are performed only after approval of such quote by the Buyer.

9. LIMITATION OF LIABILITY

9.1 The photos and texts illustrating and describing the Products appearing on the Website are non-contractual and for information purposes only. KOLLOKIUM assumes no responsibility for any errors or omissions in the photos or texts appearing on the Website.

9.2 KOLLOKIUM may not be held liable towards the Buyer for any loss whatsoever arising in connection with the Products, their use, delivery, or for any damage caused to the Buyer in the execution of the Order, unless such damage is due to willful intent or gross negligence.

9.3 In no event shall KOLLOKIUM be liable for any indirect damages, including but not limited to, consequential damages or loss of profits, or for any damage of whatever nature and whether or not based on the Purchase Agreement.

9.4 KOLLOKIUM's aggregate liability for any damage it has caused shall in any event be limited to the Purchase Price of the Products paid by the Buyer.

9.5 Except for the express provisions of the General Conditions, and to the maximum extent permitted by applicable law, KOLLOKIUM disclaims and excludes all warranties, terms and other conditions, including but not limited to any warranty, terms and other conditions of merchantability, satisfactory quality, fitness for a particular purpose, correspondence with description or non-infringement.

9.6 KOLLOKIUM shall not be liable for any damages caused by the Products or any damages using the Products. KOLLOKIUM assumes no product liability except as imposed by mandatory law.

10. PROHIBITION OF ASSIGNMENT

10.1 The Buyer may not assign contractual rights to a third party, except with the prior written consent of KOLLOKIUM.

11. DATA PROTECTION

11.1 Any processing of the Buyer's personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy Policy.

12. MISCELLANEOUS

12.1 The invalidity or unenforceability of any provision of these General Conditions shall not affect the validity of the remaining provisions. The invalid provision shall in this case be replaced by another provision with corresponding economic and legal effect.

12.2 KOLLOKIUM may communicate with the Buyer by email. The Buyer consents to receive such communications in electronic form.

12.3. Any notification as foreseen in the present General Conditions must be done by registered mail.

13. GOVERNING LAW AND COMPETENT COURTS

13.1 Any Purchase Agreement concluded on the Website or via email under these General Conditions of Sale shall be exclusively subject to Swiss law, excluding its conflict of laws principles. In particular, the applicability of the United Nations Convention on the International Sales of Goods is hereby excluded.

13.2 Any dispute arising out of or in relation to these General Conditions, if not solved amicably, shall be submitted to the exclusive jurisdiction of the ordinary courts with jurisdiction over KOLLOKIUM 's registered office in Switzerland. The right of appeal to the Swiss Supreme Court is reserved.

13.3 Nothing in these General Conditions, including the provisions hereabove in the present article, affects your rights as a consumer to rely on mandatory provisions of your local jurisdiction.

kollokium GmbH

April 2025