Legal Notice and Terms of Sale
1. Legal Notice and Website Publisher
1.1 Company identification
The website www.deguiret.com (the Site) is published by:
Deguiret SA
Avenue des Cadolles 12A
2000 Neuchâtel
Switzerland
Company form Swiss public limited company (société anonyme)
Commercial register CH-645.4.130.748-2
Swiss business identification number (UID) IDE CHE-242.388.745
VAT number CHE 242.388.745 TVA
1.2 Contact details
Email hello@deguiret.com
Telephone +41 77 287 19 85
For any questions regarding the Site, products or these terms, you may contact Deguiret SA using the above contact details.
1.3 Hosting provider
The Site is hosted by:
Webflow Inc
398 11th Street, 2nd Floor
San Francisco, CA 94103
United States
2. Scope and Acceptance of the Terms of Sale
These Terms of Sale (the Terms) govern all sales of watches and related products (the Products) made by Deguiret SA through the Site, including standard pieces and custom commissions, to customers worldwide, unless a specific written agreement provides otherwise.
By placing an order on the Site, you confirm that you have read, understood and accepted these Terms as well as the Privacy and Cookie Policy. If you do not accept these Terms, you must not place an order on the Site.
These Terms are available in English. In case of discrepancies between language versions, the English version shall prevail, unless mandatory consumer protection rules in your country of residence provide otherwise.
These Terms do not govern purchases made through third party retailers or platforms.
3. Products and Services
The Products presented on the Site include in particular:
-Standard collection watches available in limited quantities
-Custom commissions (bespoke or highly personalised pieces).
-Accessories such as straps, packaging or other watch related items.
We make every reasonable effort to ensure that the descriptions, photographs and other information relating to the Products on the Site are accurate and up to date. However, slight differences in colour, texture or details may occur, in particular for cloisonné enamel dials and handcrafted elements. Such variations are inherent to artisanal production and do not constitute defects.
Product availability is not guaranteed and may be limited in quantity or time. We reserve the right to modify or discontinue any Product at any time, without prejudice to orders already accepted.
4. Formation of the Contract
4.1 Ordering process
To place an order on the Site, you must follow the steps displayed in the online checkout. You may be able to order either as a guest or, if offered, by creating a customer account. If an account function is offered, the creation of an account remains optional.
Before submitting your order, you can review and correct the information provided and your selection of Products.
By clicking the final confirmation button at checkout, you submit a binding offer to purchase the Products in your cart according to these Terms.
4.2 Order confirmation and contract conclusion
After receiving your order, we send you an automated email acknowledging receipt of your order. This email does not yet constitute acceptance of your offer.
The sales contract is formed only when you receive a separate order confirmation email stating that your order has been accepted, or when we dispatch the Products and send you a shipping confirmation.
We reserve the right to refuse an order in particular in the following cases, without liability for any damages beyond reimbursement of payments already received:
- Unusual order quantities or suspicion of resale
- Incorrect or unverifiable billing or shipping information
- Non payment or refused payment authorisation.
- Suspicion of fraud or abuse.
For custom commissions, the specific process and contract formation are described in section 9.
5. Prices, Taxes and Payment
5.1 Prices
Unless stated otherwise, prices displayed on the Site are in Swiss francs (CHF) and include Swiss VAT where applicable. If prices are shown in other currencies, these are indicative only and the final amount charged may vary according to the exchange rate applied by your payment provider.
We reserve the right to change prices at any time. The price applicable to your order is the price displayed at the time you submit your order.
5.2 Taxes, customs duties and import charges
For deliveries within Switzerland, Swiss VAT is included in the price unless explicitly stated.
For deliveries outside Switzerland, prices are usually quoted excluding local VAT, customs duties and other import charges that may be levied by the destination country. You are responsible for any such charges, which are typically collected by the carrier or customs authorities upon import.
You are responsible for informing yourself of the applicable customs and tax rules in your country of residence.
5.3 Payment methods
We accept the payment methods indicated at checkout (such as credit cards, bank transfer or online payment services). Payments are processed via secure third party payment providers. Your payment data is processed directly by these providers and is not stored by us beyond what is strictly necessary for administration and accounting.
The full purchase price and any applicable shipping costs are due upon order, unless otherwise expressly agreed.
For custom commissions, specific payment terms (deposit and balance) are set out in section 9.
6. Shipping, Delivery and Transfer of Risk
6.1 Shipping options and costs
We ship Products to the countries indicated on the Site. Shipping methods, carriers and applicable flat rates or calculated costs are displayed at checkout.
Any delivery times stated are indicative estimates only and are not guaranteed. They do not include customs clearance delays.
6.2 Transfer of risk and ownership
For consumer customers residing in Switzerland or in a country with similar consumer protection, the risk of accidental loss or damage to the Products passes to you upon delivery of the Products to you or to a person designated by you.
For other customers and for non consumer transactions, risk passes upon handover of the Products to the carrier at the point of dispatch.
Ownership of the Products passes to you only after full payment of the purchase price has been received by us.
6.3 Inspection upon delivery
You are required to inspect the Products upon receipt and to notify us without undue delay in case of apparent transport damage or obvious defects, so that we can involve the carrier or insurer if necessary. This does not limit your statutory warranty rights.
7. Returns, Right of Withdrawal and Order Cancellations
7.1 Statutory rights
Under Swiss law, there is generally no automatic cooling off period for online purchases, except for certain specific contracts defined by law. Contractual return rights are therefore based on the terms provided by the seller.
Your statutory rights in case of defective Products (warranty) remain reserved and are described in section 8.
7.2 Voluntary right of withdrawal for standard Products
For standard collection watches and accessories that are not custom made or personalised, we grant you a voluntary right of withdrawal.
You may withdraw from the contract without giving any reason within fourteen (14) days from the day on which you or a person indicated by you (other than the carrier) takes physical possession of the Products.
To exercise this right, you must notify us in writing (for example by email) within the above period, clearly stating your decision to withdraw and your order reference.
The Products must then be returned to us within fourteen (14) days of your notification, in perfect, unworn condition, with all protective films, packaging, accessories, certificates and documentation. You are responsible for the safe return shipment and for any loss in value resulting from handling that is not necessary to establish the nature, characteristics and functioning of the Products.
Unless otherwise stated in your order confirmation, you bear the direct costs of returning the Products.
Upon receipt and inspection of the returned Products, we will refund the purchase price using the same payment method you used for the original transaction, unless agreed otherwise. Shipping costs may be refunded or not refunded depending on the option you chose at the time of order. This will be specified in your order confirmation.
7.3 Exclusions from the voluntary withdrawal right
The voluntary withdrawal right described above does not apply in particular to:
- Custom commissions or personalised Products (for example custom enamel dials, unique designs, engravings or pieces produced specifically according to your specifications).
- Products that have been worn, used, damaged or altered by you.
- Products returned incomplete or without original packaging and documentation.
These exclusions do not affect statutory rights in case of defects.
7.4 Order cancellations prior to shipment
If you wish to cancel an order before it has been shipped, please contact us as soon as possible. We will inform you whether cancellation is still possible in practice.
For standard Products not yet shipped, we may accept cancellation at our discretion and refund any amount paid.
For custom commissions, cancellation rules are described in section 9.
8. Warranty and Service
8.1 Legal warranty
Under Swiss law, new products are covered by a legal warranty period of two years against defects, starting from the date of delivery.
If a Product is defective within this period, you must notify us as soon as possible after discovering the defect, with a clear description and photographs if appropriate.
Depending on the circumstances and within the limits of Swiss law, you may be entitled to:
- Repair of the Product.
- Replacement with an equivalent Product.
- A price reduction.
- Cancellation of the contract and refund, in cases where repair or replacement are not possible or reasonable.
We may first attempt to repair or replace the Product before considering other remedies.
8.2 Contractual warranty
In addition to the legal warranty, we may offer a contractual warranty for certain Products (for example a specific warranty on the movement). The conditions of any contractual warranty (duration, scope, exclusions) are described in the warranty card supplied with the Product or on the Site.
Where a contractual warranty is provided, it applies in addition to and not in place of your statutory rights, unless the applicable law allows and the documentation clearly specifies any limitations.
8.3 Exclusions
The warranty does not cover in particular:
- Normal wear and tear (for example on straps or surface finishes).
- Damage resulting from improper use, shock, impact, manipulation contrary to instructions, lack of care or negligence.
- Damage caused by unauthorised repairs or modifications.
- Cosmetic changes that do not affect the function (for example minor scratches acquired during normal use).
8.4 Service and repairs
For any service, repair or after sales question, please contact us using the contact details in section 1.2. We will provide you with instructions on how to proceed, including packaging and shipping instructions and any cost estimates.
9. Custom Commissions Terms
This section applies to bespoke or highly personalised pieces created specifically for you (Custom Commissions).
9.1 Scope of custom work
A Custom Commission may include for example:
- Unique enamel dial artworks and colour compositions.
- Specific case or movement choices, finishes or engravings.
- Other aesthetic or technical features defined together with you.
Due to the artisanal nature of cloisonné enamel and handcrafts, each Custom Commission is unique. Slight variations in colour, texture, wire placement or details are inherent to the process and are expressly accepted by you.
9.2 Design process and approvals
The design process typically includes one or more stages such as sketches, digital mockups or enamel tests. We will share these with you for review and feedback.
You will be invited to give written approval at key stages (for example final artwork approval before enamel work). Once a stage is approved in writing, changes requested afterwards may require additional time and may incur extra costs.
9.3 Timeline
Indicative timelines for Custom Commissions are communicated individually, depending on the complexity of the project and the availability of workshops and components. As a guideline, a custom piece may require approximately eight to twelve weeks from final design approval, and more for complex projects or solid gold components. These timelines are estimates and are not guaranteed.
9.4 Price, deposit and payment schedule
The price of a Custom Commission is provided on request and depends on the design, movement, case, materials and finishing. Custom Commissions typically start at around CHF 10 000 and can be significantly higher depending on specifications.
Unless otherwise agreed, the following payment schedule applies:
- A non refundable deposit (for example 50 percent of the total price) payable upon order confirmation.
- The remaining balance payable before delivery, upon notification that the piece is ready to ship.
The deposit covers design time, materials and workshop capacity reserved for your project. If you cancel the project after the deposit has been paid, the deposit will not be refunded, unless otherwise agreed in writing.
9.5 Cancellations and changes
After design approval and start of production, cancellations of Custom Commissions are generally not accepted, given the personalised nature of the work.
If you request changes after production has started, we will inform you whether the changes are technically possible and what additional costs and delays may apply. We are not obliged to accept all change requests.
9.6 Warranty for Custom Commissions
Custom Commissions benefit from the same legal warranty and any contractual warranty as described in section 8, limited to manufacturing defects and technical issues.
Artistic choices, subjective preferences or minor variations that are inherent to enamel and handcrafts do not constitute defects and are not covered by the warranty.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Deguiret SA shall not be liable for:
- Indirect or consequential damages, such as loss of profit, loss of opportunity, data loss or reputational damage.
- Damages resulting from your own breach of these Terms or from use of the Products contrary to instructions or to their intended purpose.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law, for example in case of wilful misconduct or gross negligence, or for personal injury caused by defective Products.
If a court holds that a limitation or exclusion of liability set out in these Terms is invalid in a specific case, the remaining limitations and exclusions shall continue to apply.
11. Intellectual Property and Website Use
All content on the Site (including in particular texts, logos, photographs, videos, designs, artworks, enamel dial images and other graphic elements) is protected by intellectual property rights and is either owned by Deguiret SA or used with permission.
You may view and print content from the Site for your personal, non commercial use only. Any reproduction, distribution, modification, public communication or other use of the content beyond what is necessary for normal browsing of the Site requires our prior written consent.
You must not use the Site in a way that undermines its security, overloads its infrastructure or interferes with its proper operation.
12. Applicable Law and Jurisdiction
These Terms and all sales contracts concluded through the Site are governed by Swiss substantive law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
For consumers whose habitual residence is in a country other than Switzerland, mandatory provisions of the consumer protection law of that country remain applicable if and to the extent that they provide more favourable protection and are applicable by law.
Subject to such mandatory provisions, any dispute arising out of or in connection with these Terms or any sale concluded through the Site shall be submitted to the exclusive jurisdiction of the competent courts of Neuchâtel, Switzerland.