General Terms and Conditions for “Buyers”
Effective: 11/11/2023
Last update: 13/03/2024
These Buyer’s Terms and Conditions are applicable to both Time District Website and Time District Mobile Application
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE/APP AND/OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE/APP AND/OR THE SERVICES.
Presentation
These General Terms and Conditions (the “T&Cs”) apply to Users who use the Website/App to purchase Products.
Time District is a limited company incorporated in Switzerland with a registered address at Rue du Rhône 61, CH-1204 Geneva, Switzerland. Time District SA is registered in Geneva, Switzerland under no. CHE-386.421.845. It owns all the rights over the website http://www.timedistrict.com and/or Time District mobile application and the Time District Smartphone applications (the “Platform”).
Time District provides a number of services on its Platform that are run and administered by Time District. These services enable Users of the Platform (the “Users”) to buy and to sell horology products (the “Products”). These services are available directly on the Platform. Time District may under exceptional circumstances directly offer Products for sale on its own behalf, in which case these Products shall be identified on the Platform as being sold by Time District.
These T&Cs shall prevail over any other general or special terms and conditions that are not expressly approved jointly by Time District and the User.
These T&Cs may, where applicable, be completed by the Terms Governing Subscription to the Premium Services (if/when available) as well as any other document mentioned herein. Where these additional contractual terms apply, they shall be deemed to be incorporated as of right into these T&Cs.
By using the services of Time District, the Buyer accepts the general terms and conditions of Sumsub, which is the identity verification provider retained by Time District for the identity verification operations of Buyers. These Terms and Conditions are available here.
By using the services of Time District, the Buyer accepts the general terms and conditions of Stripe, which is the payment provider retained by Time District for the payment operations of Buyers. These Terms and Conditions are available here.
We also recommend that you read the Privacy Policy & Cookies of Time District.
T&Cs applicable to purchase made on the Platform
1. Acceptance of the Buyer Terms and Conditions
These Buyer Terms and Conditions (the “Buyer Terms”) apply to Users who use Time District’s Platform and Services to buy Products (each such User, a “Buyer”). Capitalised terms not defined herein have the meanings set forth in the Time District’s Platform Terms of Use, which apply to all Users in all cases, at all times, and in all circumstances, whether or not a User buys or sells any Products.
These Buyer Terms are a legally binding contract entered into by and between you (the “Buyer” and “User”) and Time District SA (“Time District” or “we” or “us”).
THESE BUYER TERMS REQUIRE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ENTER INTO ANY TRANSACTION ON THE PLATFORM. THIS PLATFORM IS NOT DIRECTED TO, AND SHOULD NOT BE ACCESSED BY, CHILDREN UNDER THIRTHEEN (13) YEARS OF AGE.
These Buyer Terms may, where applicable, be completed by the Terms Governing Subscription to the Premium Services. Where these additional contractual terms apply, they shall be deemed to be incorporated by reference into these Buyer Terms. The Platform Terms of Use apply to all Users in all cases, at all times, and in all circumstances, whether or not the User buys or sells any Products. Your use of the Platform and Services is also governed by the Privacy Policy of Time District.
By purchasing a Product on our Platform, you accept and agree to be bound and abide by these Buyer Terms. If you do not agree to these Buyer Terms, you must not purchase any Products on our Platform.
2. Changes to the Buyer Terms
We may revise and update these Buyer Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Buyer Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. See Article 16 for additional details.
3. The role and responsibility of Time District
Users hereby acknowledge that, except in the specific case of a Product expressly identified on the Platform as being offered for sale directly by and on behalf of Time District, the role of Time District shall be limited to acting as an intermediation platform between the Users.
Therefore, except in the specific case mentioned above, Time District shall not act as a reseller of the Products and shall not become the owner of the Products at any point in time. Each User shall act, at all times, for and on its own behalf, and shall never act as an agent or representative of Time District.
Time District shall not be a party to any contract of sale between a Buyer and Seller, and Time District hereby disclaims liability for any such contract and for its consequences.
Any examination and/or quality control and/or Authentication of Products that may be performed by Time District and/or its subcontractor Watch Certificate shall merely relate to whether the Seller’s Product is in keeping with the description provided by such Seller in the applicable Product Page. Time District shall not monitor or verify whether the Product or the description of the Product in the Seller’s Product Page meets the Buyer’s expectations. Time District does not guarantee that the Buyer shall find the Product satisfactory, whether from an aesthetic point of view or from a practical point of view, as to its use. Any deliveries that are arranged by Time District and/or its subcontractor and fulfilled by its subcontractors shall not imply that Time District is a party to the contract between the Seller and the Buyer.
With the exception of any complaints for late delivery or failures to deliver Products where such delivery was the responsibility of Time District, it is up to the Seller to respond to any claim or complaint regarding the Products that Seller has advertised online, or their description, or the comments of any User about the Product Page. Any claim or complaint of this kind shall be referred to the Seller, who shall be solely responsible for dealing with same.
4. The Buyer’s placing of the Order
Prior placing an Order, the Buyer must undergo identity verification using our integrated ID verification partner’s process in order to confirm and activate your Buyer profile; the Buyer shall then be subject to the Terms of Use of Sumsub, which can be viewed on the website of Sumsub, that are displayed by clicking here.
The Product Page shall state whether the Product that is offered for sale belongs to and is sold by a non- Professional Seller or a Professional Seller or a Trade Seller. A Professional Seller may in some cases be Time District itself if Time District is identified as the Seller of a given Product on the applicable Product Page. The information concerning the Products is provided by the Sellers in their original language. The original language of the Product Page shall prevail in case of any contradiction or conflict with a translation. Time District disclaims any liability for the translation that is proposed, which shall be provided for information purposes only.
The Prices of the Products that are offered for sale on the Platform are quoted including any additional costs such as examination/quality control/authentication costs, shipping costs, and Commission fee applied (as defined in these Buyers’ Terms and Conditions) but excluding customs duties (such additional costs, together with any other costs that may apply, the “Additional Costs”), which shall be indicated separately. Additional Costs may include certain carriage taxes and customs duties that are in force in some countries. Time District will not be liable for any such Additional Costs, and such costs cannot be claimed or reimbursed from Time District under any circumstances.
The Buyer’s placing of an Order shall be tantamount to signature of the sale contract subject to conditions precedent, namely, the receipt of the Product by Time District and/or its subcontractor from the Seller, and the positive outcome of an examination and/or control and/or Authentication performed by Time District and/or its subcontractor Watch Certificate. If Time District and/or its subcontractor does not receive the Product from the Seller, or if the outcome of an examination by Time District and/or its subcontractor is negative, Time District shall be entitled to cancel the Order and to refund the Buyer.
As an exception to the above, where Time District is itself acting as the Seller of a Product or where the Products are delivered directly by the Sellers to the Buyers (as described in Article 7.1 below), the sale contract shall be deemed to have been signed upon the Order being placed by the Buyer.
If a Product ordered by the Buyer is unavailable for any reason whatsoever, after confirmation of the Order, Time District shall get in touch with the Buyer to inform the Buyer that the Order must be cancelled and a refund issued (if payment has already been made), within thirty (30) calendar days following the confirmation of the Order.
Time District shall be entitled to reject any Order from a Buyer with whom there is an outstanding dispute concerning payment for a previous Order or concerning a Product for which there is a blatant error in the sale Price. In that case, the Buyer shall be informed by notification about the measures taken by Time District, which shall then automatically refund the price of the Order if the latter was already paid by the Buyer.
5. The “Make an Offer” functionality
When/if applicable, the “Make an offer” functionality enables Buyers to confidentially negotiate the Price of the Product by sending an offer to the Seller, who may either accept it or reject it, or make a counteroffer to the Buyer.
The price proposed in an offer cannot be less than 70% of the price of the product but can be higher than the displayed price of the product. The final decision to accept or not always lies with the Seller.
6. Examination/Quality Control/ Authentication Costs
The examination/quality control/Authentication (if any) are carried out by Time District’s partner Watch Certificate. All related costs charged by Time District shall be included in the total amount paid by the Buyer for each Order.
Watch Certificate guarantees an independent and impartial Authentication. Watch Certificate and Time District have no legal or business links beyond the scope of their service provider relationship.
The examination/quality control/Authentication (if any) shall then be subject to the Terms of Use of Watch Certificate, which can be viewed on the website of Watch Certificate, that are displayed by clicking here.
No examination costs shall be charged where the Product is dispatched directly by the Seller (as described in Article 7.1 below).
7. Delivery
7.1. Delivery by Time District or by certain Sellers
The Products advertised by Professional Sellers or Brand Partners may be sent to the Buyer either by Time District and/or its subcontractor or directly by the Seller, where this option is available and applicable.
It shall then be up to the Buyer to decide whether to opt for direct delivery by the Seller. In case of direct delivery by the Professional Seller, the Products shall not transit via Time District and Time District shall therefore not be responsible for the shipment and delivery of the Products, nor shall Time District conduct any examination of the Products.
7.2. Delivery time
Where Time District itself sells any Products directly on its own behalf on the Platform, a delivery date shall be indicated to the Buyers when they place their Orders.
Where Time District is merely acting as an intermediary on behalf of the Seller, the delivery date of the Product to the Buyer shall depend on the date on which Time District and/or its subcontractor receives the Product from the Seller. Time District cannot therefore commit to a fixed delivery date, but except as otherwise provided in these Buyer Terms, the date on which the Product is dispatched shall be at most thirty (30) calendar days after date of the confirmation of the Order by the Buyer.
If a Product is dispatched directly by the Seller (as described in Article 7.1), where this option is available, the delivery timeframe shall be stated by the Seller.
If the Buyer purchases a Product that is marked on the Platform as “ready to go”, our team shall ship the Product within three (3) business days from the time of placing the Order, and the Product will be delivered in accordance with the delivery timeframe of the applicable carrier.
7.3. Delivery and customs costs
The Order shall be delivered to the Buyer by a carrier approved by Time District.
Any customs duties and import taxes shall be borne by the Buyer.
8. Consequences of an impossibility to deliver the Products
If it is impossible to deliver a Product to the Buyer, for instance if the address provided by the Buyer is incorrect, a notification shall be sent to the Buyer and the carrier approved may contact the Buyer directly to re-arrange delivery accordingly. If Time District does not receive any reply, the Product shall be held by Time District for the Buyer, at the Buyer’s own risk and expense (including storage and handling costs), for a maximum period of six (6) months from the date that Time District sent the notification referred to in the first sentence of this paragraph.
Should the Product not be claimed from Time District within the abovementioned period of six (6) months, Time District shall become the owner of the unclaimed Product. The Product shall then either be re-listed under Time District’s account on the Platform, destroyed or donated to charity if its state allows for this.
9. Transfer of the ownership of the Products and the risks
The Products shall remain the property of the Seller (or of Time District, if Time District is acting as the Seller of a Product on its own behalf), until Time District has received full payment of the Price of the Order along with all applicable Additional Costs, from the Buyer and the Product has been fully authenticated and verified by Time District and/or its subcontractor.
The transfer of the risk of loss or damage to a Product to the Buyer shall take place upon receipt of the Product by the Buyer or by a third party authorized by the Buyer to receive the Product on the Buyer’s behalf. The Buyer shall therefore bear the risk linked to any damage caused to the Product after it is received.
10. Receipt and checking of an Order
The Buyer must check (or direct the person authorised to receive the Product on the Buyer’s behalf to check) the apparent state of the packaging of the Product upon receipt, before signing the form tendered by the carrier.
Should there be a visible anomaly (damage, missing Product, damaged parcel or Product, etc.), the Buyer or their representative must imperatively set out precise reservations on the delivery note, including: indication of the number of missing and/or damaged parcels and/or Products, and detailed description of the damage (open or torn packaging, damaged or missing Product, etc.). It is vital that the Buyer should keep all the elements that were delivered in the state in which they were received (i.e., with all their accessories, the other items received with these Products in their original condition and the sealed Product form). The Buyer must retain a copy of the delivery note and must attach this to an e-mail sent to Time District at concierge@timedistrict.com within forty-eight (48) hours following the date of the receipt of the Products, confirming the anomaly.
If the Buyer did not receive the Product, the Buyer must inform Time District within forty-eight (48) hours from the estimated date of delivery of the Product or after the Product is marked as delivered. The Buyer shall send any documentation requested by Time District to support the claim.
Should a postal litigation be opened, Time District reserves the right to (i) extend the 30-day delivery period of the Product and (ii) hold the refund of the Product until the conclusion of the postal litigation by the carrier.
Should the Product have been dispatched directly by the Seller, the damaged Products must be returned to the Seller (save in case of counterfeit goods).
Where applicable, the return of the damaged Product or Products to Time District must take place in accordance with the terms governing returns that are set out in Article 15 below.
11. Terms of payment
The Buyer must pay the Price, plus all applicable Additional Costs and applicable Premium fee, via the secure payment system of Time District, by the means supported by Stripe operating system.
In order to pay using Stripe, the Buyer must undergo Stripe’s verification steps; the Buyer shall then be subject to the Terms of Use of Stripe, which can be viewed on the website of Stripe, that are displayed by clicking here.
Time District does not enable Buyers to save their card details for payments in their accounts.
Time District shall notify the Buyer and the Seller by notification, upon receipt and processing of an amount paid by the Buyer.
Verification procedures may however be performed by our partner Stripe and/or by the “risks” department of Stripe and/or Time District with the Buyer, by telephone, e-mail, or post, in order to confirm the Order prior to the sending of the Product, and may involve requests for additional evidence where need be.
Pursuant to the verification procedures that may be performed, the Buyer’s Order may be rejected if the verification procedures indicate that deliberately erroneous and/or fraudulent actions were taken relating to the Order. In such a case, the Buyer shall be informed by e-mail or notifications about the measures taken by Time District, and Time District shall automatically refund the Buyer’s payment if such payment has already been made.
Currencies on Time District
Sellers may list their Products on the Platform based on their selected currency. Time District processes payments in the supported currencies available, supported by our partner Stripe. When applicable, Buyers can view prices in any of these Time District supported currencies.
Currency conversion fee
Where the Product Price is displayed in a currency other than Seller's local currency, the displayed Price shall not include any currency conversion fees payable by Buyer and any additional fees that may be applied by Buyer's payment card operator and/or Bank. No currency conversion fee or foreign exchange fee is applied by Time District where the currency linked to the payment method is different from the currency selected at the checkout page (or in the User’s selected currency settings). For example, if the Buyer uses a USD credit card or other payment method to purchase a Product displayed in EUR, no currency conversion fee or foreign exchange fee is applied by Time District. However, the Buyer’s card issuer or bank may apply a currency conversion fee or foreign transaction fee with respect to such purchase.
Change currency preferences
If/when available, Users can set their preferences for currency on the Platform.
Payment with the Escrow Service
Time District offers a free escrow service where payments are securely transferred and held until the buyer receives the ordered product upon delivery. Payment is securely held by Time District through its Stripe account until forty-eight (48) hours after the delivery date. Following this period, payment is released to the seller unless a claim is made by the buyer in accordance with the Terms and Conditions.
Promotional Offer/Vouchers/Codes
Time District may from time-to-time issue vouchers or promotion codes or other promotional offer via notifications (or other method) to be used in accordance with the following conditions:
Vouchers or codes are only valid for use on Time District's Platform by Users with a registered Time District account;
Vouchers or codes may only be used with the Time District account linked to the account to which the voucher or code was issued;
Vouchers or codes may only be used for the purchase of eligible listings, being Items which have been accepted by our team of authentication experts, not withdrawn from the Platform or, in the case of a sale, not subject to cancellation;
Vouchers or codes are non-transferable, non-exchangeable, non-refundable and under no circumstances redeemable for cash;
Time District is not responsible for vouchers or codes which are lost, stolen, deleted or used without the permission of the registered User;
Vouchers or codes may not be used in conjunction with any other offers or promotions, unless otherwise specified by Time District;
Vouchers or codes apply only to the purchase price of the Item and do not apply to applicable additional costs such as customs duties or taxes; and
Unless otherwise specified, vouchers or codes are valid for one (1) use only and must be used within the time period (if any) specified at the time of issue.
In addition to the above, Time District may from time-to-time specify additional conditions for the use of vouchers or codes on Time District. Time District reserves the right to cancel or set an expiry date for any issued voucher or code, including circumstances where:
The voucher is not used strictly in accordance with the conditions of use;
Time District suspects fraudulent use or abuse; or applicable privacy regulations require a User’s account to be deleted due to inactivity.
12. Warranty
12.1. Exclusive 12-month Warranty
In this paragraph 12.1., “Watch” means any timekeeping piece that forms part of a Product listed on our Platform.
We guarantee the authenticity of all watches that are purchased on our Platform. We provide a twelve-month warranty on either a full manufacturer’s warranty or limited warranty basis on every pre-owned Watch we list as follows:
Subject to sub-paragraph 12.2. (b) below, the manufacturer’s warranty provides a warranty against manufacturing and/or mechanical defects (“Manufacturer’s Warranty”); or
Under a limited warranty, given the age of the Watch, we cannot guarantee that the Watch will comply with the expected tolerances for timekeeping or that it will be suitable for use in wet environments or complete water submersion.
All warranties will be registered to the postal address provided to us by you. Please update us as soon as you change your home address, email address, and/or telephone number.
Our warranties do not cover the following risks: theft, loss, defects, arising out of normal wear and tear, damage caused by accidents or abuse and mistreatment or negligence on your part, including damage caused by failure to follow our instructions or the manufacturer's instructions.
Our warranties do not cover wear to watch strap, glass, the clasp, or cosmetic damage.
The warranty will be invalidated in the event that a third party carries out any tests or works on the Watch without our knowledge or consent.
If you return your Watch to us and there is a valid claim against our warranty, if it is still covered by the manufacturer’s warranty, we reserve the right to proceed with the works through the Manufacturer’s warranty first.
If you have a valid claim against our warranty, we will, at our discretion, repair the Watch, with time not being of the essence for any work carried out under the warranty.
We have absolute discretion as to the acceptance of any claim against the warranty. In the event of a dispute, we reserve the right to instruct an independent third-party watchmaker to determine the appropriate course of action. The decision of the independent, third-party watchmaker will be binding on both parties.
If/when applicable, we will always favour watchmakers located in Seller’s home country. However, if the Watch has to be shipped to Switzerland and/or outside your home country, you are responsible for any and all charges, taxes or customs duties that might be associated with returning your Watch to us and our subsequent return of the Watch to you.
You will be responsible for the cost of delivering your Watch to us and insuring your Watch in transit, when you send it back to us for inspection. If you are based in Switzerland, and you have a valid claim under the warranty, we will pay for the return of your Watch once the work has been completed.
The Watch will be your responsibility from the moment it is returned to you, at the address given when you registered as a member of Time District.
The warranty is personal to you and non-transferrable.
To make a claim under a warranty, please contact us at concierge@timedistrict.com.
12.2. Statutory warranties from Professional Sellers
Under certain conditions, Buyers may benefit from the statutory warranty of conformity and the statutory warranty against hidden defects. Buyers should invoke their statutory warranties against the Seller of the Product.
The statutory warranty of conformity only benefits certain Buyers who are private individuals and who buy Products from Professional Sellers.
The statutory warranty against hidden defects permits certain Buyers to choose between rescission of the sale or a reduction of the sale price in accordance with Swiss regulations in place. Such Buyers must prove that the hidden defect existed at the time of the sale.
The legal warranty of conformity offers to certain Buyers who purchase Products from a professional Seller, or from Time District, a two-day period from the delivery of the Product to act on the defects of conformity affecting the Product. In the case of second-hand Products, the burden of proof lies with the Buyer who must prove the existence of the lack of conformity of the Product during the two (2) days following the delivery of the Product. The Buyer may choose between requesting repair or reimbursement of the Product, subject to the cost conditions provided.
13. Claims and returns
13.1. Non-receipt or late delivery of a Product
If the Buyer does not receive the Product (a) by the delivery date specified by the carrier or (b) if no delivery date was specified at the time the Order was placed, within thirty (30) days following the date of the Order, or if Time District sells the Products directly on the Platform, then the Buyer may cancel the Order; provided, however, that (i) the Buyer must have first contacted Time District, to request that Time District rectify the situation within a reasonable time frame and (ii) delivery shall not have taken place within this additional time frame.
Time District shall refund the Buyer within fourteen (14) calendar days following the date on which Time District receives the notification of the cancellation of the Transaction by the Buyer and the Product is returned to either the Seller or Time District.
If the Buyer receives the Product after having cancelled the Order, the Buyer must return the Product to Time District or to the Seller if the Product was dispatched directly by the latter. Time District shall refund the Price of the Product that is returned, including any additional costs (if any), and the return shipping costs for returning the Product to Time District, within fourteen (14) calendar days following receipt by Time District of the complete Product in its original condition and packaging. These returns must take place in accordance with the terms of Article 15 below.
Buyers shall receive a refund for cancelled Orders to the method of payment originally used to pay for the Order; provided, however, that, Time District may refuse a refund if Time District suspects that the request for cancellation or for a refund due to total or partial non-receipt of a Product ordered was made fraudulently. In the case of a partial cancellation, only the part of the Order that is cancelled shall be refunded in keeping with the abovementioned terms.
13.2. Detection of non-conformity during the examination performed by Time District and/or its subcontractors
The consequences of a Product’s non-conformity with its Product Page, as verified by Time District, and/or its subcontractor shall depend on the type of non-conformity involved.
If a Product that does not comply with its description in the corresponding Product Page is counterfeit or it is a Product whose sale is prohibited, Time District shall cancel the Order and shall refund the Buyer.
Should the Product comply partly with its description, Time District shall inform the Buyer about the defects or non-conformity noticed and the Buyer will have forty-eight (48) hours to either (i) accept the sale, or (ii) cancel the Transaction. Should the Buyer cancel the Transaction, Time District shall refund the Buyer.
If the Buyer and the Seller agree on a Price discount, the discount may take the form of a store credit, a Purchase Voucher or a payment that is credited to the original means of payment or the account of the Buyer (as the case may be).
If the Buyer chooses to cancel the partially compliant Order, the Buyer shall be refunded by crediting the means of payment used to make the initial payment, or by way of a payment into the Buyer’s Stripe account. In the case of a partial cancellation, only the part of the Order that is cancelled shall be refunded in keeping with the abovementioned terms.
13.3. Detection of non-conformity upon receipt of the Product by the Buyer
(i) If Product was bought from a Non-Professional/Private Individual Seller:
Should the Product has been dispatched through Time District and/or its subcontractor(s):
Should the Buyer find that a Product does not comply with its description in the Product Page, the Buyer must contact Time District by e-mail within forty-eight (48) hours following the date on which they received the Product.
The Buyer must explain in what way and to what extent the Product does not correspond to the Product Page and must provide photographs enabling their assertions to be substantiated.
Should the claim of non-conformity of the Product with the Product Page appear justified at first sight based on the explanations of the Buyer and the photographs, Time District shall authorise the Buyer to send the Product back.
Upon receipt of the Product, Time District shall inspect it to determine whether it is truly non-compliant with the Product Page. If the non-conformity is confirmed, Time District shall refund the Buyer. The refund shall take place by crediting the Buyer’s account used to make the initial payment. If the Product is still found compliant, Time District will ship it back to Buyer, at the Buyer’s expense, and re-list it on the Platform under the Buyer’s account.
All Products returned by Buyers due to non-conformity with the Product Page must be returned with the sealed (label) initially affixed by Time District and/or its approved subcontractor on the Product upon dispatching it.
Should the Buyer receive a counterfeit Product or a Product whose sale is prohibited, they may return the Product to Time District and secure a refund, save in case of fraud on their part.
Should the Buyer has opted for the Product to be dispatched directly by the Seller – if/when available:
Should the Buyer find that a Product does not comply with its description in the Product Page, the Buyer must contact Time District by e-mail within forty-eight (48) hours following the date on which they received the Product.
The Buyer must explain to what extent the Product does not correspond to the Product Page and must provide photographs enabling their assertions to be substantiated.
Should the claim of non-conformity of the Product with the Product Page appear justified at first sight based on the explanations of the Buyer and the photographs, Time District shall authorise the Buyer to send the Product back to the Seller. Time District shall refund the Buyer upon confirmation of receipt of the Product by the Seller. The eventual refund shall take place by crediting the Buyer’s account used to make the initial payment.
(ii) If Product was bought from a Professional Seller:
If the Buyer finds that a Product does not comply with its description in the Product Page, the Buyer shall have the right to raise a claim with the Professional Seller through Time District in accordance with the statutory warranties described in detail in Article 12.
Upon making a complaint about a Product that does not comply with its description in its Product Page, the Buyer must return the Product in accordance with the terms of Article 15 below.
Professional Sellers hereby acknowledge and agree that if a Product is returned to them by a Buyer owing to non-conformity with its description in the corresponding Product Page or because it does not meet the legal obligations of the Professional Seller, the Professional Seller may not refuse to apply the foregoing terms and must take appropriate action within a reasonable timescale.
If the Buyer believes that the Buyer has received a counterfeit item or a Product whose sale is prohibited, the Buyer must alert Time District by e-mail within forty-eight (48) hours following receipt of the Product and may return the Product to Time District in order to secure a refund, save in case of fraud on their part.
The provisions of this Article 13 shall not cause Time District to be a party to the sale between the Seller and the Buyer. Time District hereby disclaims liability for any failure by a Professional Seller or Non-Professional Seller to comply with their obligations under this Article 13 and in particular in the event of the Seller’s failure to comply with their obligation to refund the Buyer or pay the latter any other compensation in connection with a Product returned by the Buyer owing to its non-conformity with the Product Page, its being counterfeit, or its being a Product whose sale is prohibited.
AFTER THE COMPLETION OF THE AUTHENTICATION, BOTH PARTIES, THE BUYER AND THE SELLER, CAN ACCESS AND “VIEW REPORT”. THE BUYER CAN THEN CHOOSE TO PROCEED BY EITHER VALIDATING THE PURCHASE AND THE PRODUCT STATE & CONDITIONS THROUGH THE “FINALISE ORDER” BUTTON OR BY REPORTING AN ISSUE OR REQUESTING A CANCELLATION VIA EMAIL TO CONCIERGE@TIMEDISTRICT.COM.
14. Right to withdraw
From a Professional Seller
When a Buyer, acting as a private individual, purchases a Product from a Professional Seller (which may include Time District, if the Product was sold directly by and on behalf of Time District), that Buyer shall have a ‘cooling-off period’ which ends seven (7) days beginning the day after the Buyer receives the Product.
During this cooling-off period, the Buyer may exercise his/her right to cancel the contract with the Professional Seller, without having to give any reasons or pay any penalties.
The Buyer may inform Time District that he or she is exercising the right to cancel the contract by filling in the withdrawal form appended to these Buyer Terms. Alternatively, the Buyer may inform Time District, clearly and unambiguously, about his or her intention to exercise the right to cancel, by any other means, provided the Buyer does so within the abovementioned timeframe.
If the Buyer exercises the right to cancel during the cooling-off period within the abovementioned time period, the Buyer will be refunded by the Professional Seller for Price and shipping costs paid by the Buyer (less the cost of arranging collection from the Buyer as per the paragraph below and any customs taxes, if applicable), within thirty (30) days of Time District’s receipt of the Buyer’s cancellation notice.
The Buyer shall be responsible for and bear the cost of returning the Product to Time District. If Time District does not receive Products that have been cancelled, it may arrange for the collection of the Product from the Buyer at the Buyer’s cost.
Time District regrets that it cannot accept returns for:
Products that contain hygiene seals (for example, for earrings or other pierced jewellery) which have been removed after receipt; or
in the case of new Products sold directly by Time District, Products that have been worn or used, unless such use would have been reasonably required by the Buyer to inspect the condition of the Product.
The above restrictions for Time District’s acceptance of returns shall not affect a Buyer’s statutory rights in respect of counterfeit Products or for Products that do not otherwise conform to the description in the Product Information.
From non-Professional Seller
If the Buyer purchases its Products from a non-Professional Seller, the Buyer shall not be entitled to the ‘cooling-off period’ described in this Article 14. However, as a commercial gesture, Buyers who do not wish to keep the Products they have purchased shall be permitted to re-list the Products for sale on the Platform. If the Buyer decides to re-list on the Platform, Time District may deduct a Commission (as defined in the Seller Terms and Conditions), if any such re-listed Products are subsequently sold. Time District will also deduct the relevant charges provided in the table below to cover its dispatching, packaging, and management charges relating to Products that are resold on the Platform.
Currency | Price | Reselling Costs |
---|---|---|
CHF | 0 – 50’000.- | 500.- |
CHF | 50’001 – | 1% |
15. Purchasing of pieces through Time District Concierge Services or priced above CHF 500,000:
For buyers engaging in transactions involving the purchase of pieces facilitated either through Time District's concierge services and/or those priced above five hundred thousands Swiss francs (CHF 500,000), the following additional conditions apply:
Down Payment Requirement
Upon agreement to proceed with the private viewing and/or intent to purchase, the buyer is required to proceed with Identity Verification and provide a down payment of up to the total transactional amount in advance, at Time District's discretion. The minimum down payment is thirty percent (30%) of the total transactional amount.
Right to withdraw
In the event that the buyer decides not to proceed with the purchase after the down payment has been made, Time District reserves the right, in accordance with our Terms & Conditions herein and Return & Refund policy, to retain ten percent (10%) of the total transactional amount to cover any incurred operating costs. These costs may include, but are not limited to, transportation, insurance, expertise, and other relevant expenses.
Operating Costs Clarification
The retained amount is intended to cover the operational expenses directly associated with facilitating the transaction and/or private viewing and, ensuring the integrity and security of the piece during the purchase process.
Notification and Refund Process
Any remaining balance after deducting the retained amount shall be refunded to the buyer in a timely manner.
Discretionary Application
Time District reserves the right to waive or adjust the down payment and retained amount percentages on a case-by-case basis, depending on the nature of the transaction and other relevant factors.
Acknowledgment and Acceptance
By engaging in transactions involving pieces either facilitated through Time District's Concierge Services or priced above five hundred thousands Swiss francs (CHF 500,000), the buyer acknowledges and accepts the terms outlined herein. Furthermore, we kindly request buyers to respect confidentiality and exercise necessary discretion. Additionally, we advise observing a waiting period of twelve (12) months before reselling the item purchased.
16. Terms applicable to returns
16.1. For all returns
Any User wishing to return a Product must send a request by emailing concierge@timedistrict.com within forty-eight (48) hours of receiving the Product.
Returns shall take place via a carrier that is a partner of Time District.
The Products should be returned to Time District at the following address: Time District SA, Rue du Rhône 61, CH1204 Geneva, Switzerland. Time District disclaims any liability in case of loss or damage of a Product while in transit.
Any Products that are returned due to a delay in delivery that gave rise to the cancellation of the initial Order must be returned by recorded delivery with acknowledgement of receipt.
Time District draws the Buyer’s attention to the fact that it must take particular care of the Products. Time District shall be entitled to reject a return of Products that are damaged or incomplete, or to refund the Buyer minus any amounts due as compensation for the damage caused to the Products (if the damage occurred after their delivery to the Buyer). Moreover, the Buyer shall be liable in case of depreciation of the value of the Products due to any handling thereof other than as required to ascertain the nature, the characteristics and the proper operation of these Products, any deliberate damage, any incident or negligence on the part of the Buyer or of a third party, any use of a Product that is non-compliant with its purpose, any failure to comply with the manufacturer’s guidelines or the instructions of Time District, or any modification or repair carried out without the prior agreement of Time District.
Any Product that is returned in a such state that the cost of repair or cleaning is too high relative to the Price of the Product shall not be refunded and shall be kept by Time District at the Buyer’s own risk for a period of up to six (6) months following receipt of the Product by Time District (unless the Product was received in this state by the Buyer). A Buyer wishing to recover possession of a Product that is returned in damaged condition must request this by post to the address set forth at the beginning of this Article 16, enclosing a check for the fixed sum of of 1) five hundred Swiss francs (500.-sfr) (or equivalent in local currency) for all Product advertised whose price is less than or equal to fifty thousand Swiss francs (50’000.-sfr) (or equivalent in local currency) or 2) one percent of listed price (1%) (or equivalent in local currency) for all Product advertised whose price is greater than or equal to fifty thousand and one Swiss francs (50’001.-) (or equivalent in local currency), including applicable taxes, corresponding to the reasonable, minimum costs of storage, re-dispatching and handling incurred by Time District, and Time District shall thereupon send the non-refundable Product back to the Buyer upon receipt and processing of that sum.
Should Time District not receive a request from the Buyer to recover possession of its Products within six (6) months following receipt of the Products by Time District, Time District shall become the owner of the non-refundable or returned Products (as the case may be) that were not claimed. These Products shall then either be re-listed under Time District’s account on the Platform, destroyed or donated to charity, if their condition allows for this.
In case of cancellation of an Order by the Buyer within the timescale for withdrawal from a sale mentioned in Article 14, if the Order was paid for wholly or partly using Purchase Vouchers, the Purchase Vouchers used for this Order shall be re-credited to the Buyer’s account.
17. Terminating your account
If you are a consumer:
You agree that we will commence supplying the Service to you as soon as you accept these Terms and Conditions;
You can terminate your account of this Platform for any reason at any time. In such circumstances, we will be entitled to recover any fees owed for the Services provided up to the date of termination (if any);
And are currently engaged in an active trade(s) or service(s) as a Seller or a Buyer, you acknowledge that any termination in accordance with this paragraph 16 (2) above will not take effect until after the completion period in respect of those trades and/or services have ended.
Otherwise, you may delete your account at any time in which you are not involved in an active Transaction by logging onto your account and reviewing your profile settings.
Miscellaneous provisions
Duration and validity
Buyers shall be governed by these Buyer Terms from the moment they accept them upon purchasing a Product on the Platform.
Time District shall be entitled to modify its Buyer Terms at any point in time, without notice and without any obligation to justify its decision, without incurring any liability as a result. In case of a significant change of one of the clauses of these Buyer Terms, the Users who accepted the prior version of the Buyer Terms shall have to accept the new version of these Buyer Terms. The Buyer Terms that are applicable shall be those that are in force on the date on which the User uses the Platform and/or purchases a Product.
Interruption of the service and rescission
In case of a failure to comply with one or more of the clauses of these Buyer Terms (such as in case of a failure to pay any payments due within the allotted timeframe, or a violation of these Buyer Terms), whether this is witnessed by Time District or gives rise to a justified complaint by other Users, Time District may temporarily interrupt the User’s access to the services of Time District, for instance pending a rectification of the contentious situation.
If the violation can be rectified but such a rectification does not take place within two (2) calendar days following the notification of the irregularities witnessed by Time District, Time District shall have the right to permanently bar the User from accessing the services. This irrevocable withdrawal of the User’s access shall be preceded by the sending of a notification to the User involved, informing them about this impending measure and the reasons for taking it, without any other formalities and notwithstanding any compensation that Time District may claim for any loss or damage that it shall have incurred.
Moreover, Time District may put an end to the Services provided, as of right, without prior notification, effective immediately, if the behaviour of the User constitutes a serious violation of these Buyer Terms, such as, but not limited to: opening several accounts, fraudulent use of methods of payment, attempted fraud, or any other criminal offence. Such a measure shall not give rise to any right to compensation whatsoever from Time District, and the Time District shall itself be entitled to claim compensation for any loss or damage that it may have incurred.
Questions or Concerns
Any User wishing to contact Time District with questions or concerns about the Platform or Services may (a) send a letter to Time District’s address mentioned in these Buyer Terms or (b) submit a request by sending an email to concierge@timedistrict.com. This contact cannot be used by Users to raise claims or complaints concerning another User; for claims or complaints concerning another User, a User must write at the following address: Time District SA, Rue du Rhône 61, CH-1204 Geneva, Switzerland or by sending an email to support@timedistrict.com.
Mediation
Should a dispute arise between a User and Time District, Time District recommends that the User get in contact with Time District in order to try to resolve the dispute amicably. Time District shall inform the User in this respect about the existence of alternative methods of settlement of disputes, such as mediation or arbitration.
The User may moreover get in contact with the online dispute resolution platform of the Swiss Arbitration at the following address: https://www.swissarbitration.org/.
Applicable law and settlement of disputes
These Buyer Terms are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these T&Cs.
Should the parties fail to reach an amicable settlement of their dispute, Time District and the User agree to submit it to the jurisdiction of the Swiss courts.
IN ALL CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION, IN ALL JURISDICTIONS INCLUDING YOUR HOME JURISDICTION.
Cancellation Form
(Please fill in this form only if you wish to cancel the contract pursuant to Article 14 of the Buyer Terms and Conditions)