Conditions of sale

The team of Seven Elements is delighted that you have chosen to order from us. Your satisfaction has the highest priority. Should you have any questions, suggestions, or in the unlikely event that something is not as you had expected, please call us at +41 (0)61 763 13 13 or send an email to info[at]sevenelements.ch.

1. General

These conditions of sale apply to our supply of the products listed on this website. Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these conditions of sale as set out below.

Please click on the button marked “I have read and agree to the website terms and conditions”, at the end of the order process if you accept them. Please understand that if you refuse to accept these conditions of sale, you will not be able to order any products from this website.

Seven Elements reserves the right to change these conditions of sale, especially the prices, at any point of time.
The sales and delivery conditions and prices listed at the time of the order apply.

This website is operated by Seven Elements GmbH, Kählenweg 17, CH-4243 Dittingen (“Seven Elements”, “we”, “us”, “our”). Phone: +41 (0)61 763 13 13. Email: info[at]sevenelements.ch. Time 361® is a registered and valued brand of Seven Elements.

2. Consent to the processing of your data

Seven Elements GmbH collects and processes your data in compliance with the applicable data protection law. For details on the nature and purpose of your data processing, please refer to our respective Privacy Policy. We will contact you by e-mail at the e-mail address you have provided or by mail at the address provided by you.

Your acceptance of these Terms and Conditions includes your consent to such processing of personal data; the same applies to the use of cookies and analytics services in accordance with our Cookie Policy and Web Analysis Policy, insofar as you have not made use of the possibilities of rejection described therein.

3. Your status

By placing an order via our webshop / by email you guarantee the following:

  1. You are able to conclude legally binding contracts.
  2. You are at least 18 years old.
  3. You are a natural person and are buying the products for a non-commercial purpose.

4. Purchase of goods, order process

Your order for a product shall be regarded as an offer to purchase products under these conditions of sale. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Orders are subject to acceptance by Seven Elements. We will confirm acceptance of your order by sending you an order confirmation by email and this will constitute a binding contract between you and us. The contract will relate only to those products whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate order confirmation. In special cases, we reserve the right to refuse orders without giving reasons.

5. Price and payment

The price of any product will be as displayed on this website, except in cases of obvious error. When you buy a product from this website, you will have to pay the price displayed (which is inclusive of VAT at the current rates in Switzerland; for deliveries to other countries, additional customs and VAT may be added based on the country regulations) together with delivery costs, which, if applicable, will be added to the total amount due as set out in our guide on delivery costs. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing. Payment can be made via credit/debit cards (Paypal) or via wire transfer as detailed in the ordering process. We will display the price that you have to pay on the order confirmation. Payment must be made before supply of the products. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time. All card holders are subject to validation checks and authorisation by the card issuer. We may share the credit card holder’s personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Reserved are special promotions and individual agreements with points of sale and resellers.

6. Delivery

We ship our products worldwide with Swiss Post or FedEx. We will confirm the shipping date (including tracking number) by issuing you a shipping notice. Delivery will normally take place within 3-5 days after the date of order unless specifically otherwise agreed at the time of making the order. The place of delivery is as stated in the order confirmation.
For practical reasons, we can ship several products from the same order in multiple installments; we will inform you of this with the shipping notice. If this increases the shipping costs, we will proceed without your consent only if you have been informed of these increased shipping costs already at the conclusion of the contract.

7. Passing of ownership and rights

Ownership of the product passes from us to you upon receipt of the full purchase price (including shipping costs) or upon delivery of the product, whichever comes later. We may reclaim delivered products at any time before the transfer of ownership, if you violate our terms of sale and delivery. Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products. The risk of accidental damage or accidental loss of the delivered goods passes to you when they are handed over to the transport company.

8. Product and material

All mountain forms and clocks are milled from wood or stone and are unique. Therefore, the delivered products may differ in structure and color from what is shown. Any pictures shown serve as examples for illustration. Deviations from the pictured product compared to the product actually delivered are possible.

Wood and stone from which our products are made are natural products. Depending on external influences such as light, room temperature, heat, humidity and location, the color, shape, texture and appearance of our products may change. In particular, slight changes in shape and color may result even when placed in normally heated rooms at the usual room temperature. The products are in perfect condition at the time of delivery in terms of shape and condition.

9. Warranty

If the product is damaged or defective upon delivery, Seven Elements will, at its discretion, immediately repair the product or send you a replacement product after the damaged or defective product has been returned. Please check the product immediately after delivery. A corresponding complaint must be made in writing within 5 days after delivery. After expiry of this period, the product is considered to be free of defects.

Seven Elements excludes all warranty claims in connection with the natural nature of the materials, in particular changes in color and shape within the meaning of Section 8 of these Terms and Conditions.The clocks built into the products are delivered with a 24-month warranty by Seven Elements GmbH for material or manufacturing defects. The full warranty terms for the clock can be found in the warranty certificate that comes with each clock. Warranty claims can be made either at an authorized Time 361® retailer or by returning the product to Seven Elements. Warranty claims must include a proof of purchase resp. the delivery note with confirmation of the purchase / delivery date.

The following documents are accepted as proof of purchase:

  • a guarantee certificate with stamp and date,
  • the original receipt or the delivery note,
  • a meaningful bank or credit card statement.

If there is no proof of purchase, we will, at our sole discretion, grant a guarantee from goodwill. However, no claim for warranty service can ever be derived from this. Returns of products based on this warranty must be sent by parcel shipment to the following address:

Seven Elements GmbH
Retouren
Kählenweg 17
CH-4243 Dittingen

Further warranty claims are, as far as legally permissible, waived.

10. Liability for indirect and consequential damages

The liability for indirect and consequential damages is, as far as legally permissible, waived. In particular, Seven Elements assumes no responsibility and warranty for improper installation or improper handling of the product. The buyer is aware that the product has a considerable weight and hard edges. By purchasing the product, the buyer assumes responsibility for placing the product in a safe, dry location within buildings on a stable, level foundation, out of the reach of small children, so that the product will not tip over or fall off, and is protected against weather conditions.

11. Applicable law, jurisdiction

The contract between you and us is governed by Swiss law, excluding the conflict of laws rules under international private law and any international agreements such as the UN Sales Convention. Contact address of Seven Elements: All communications addressed to us should be sent to Seven Elements GmbH, Kählenweg 17, CH-4243 Dittingen or to info[at]sevenelements.ch.
The exclusive place of jurisdiction for all disputes arising from these conditions of sale and delivery is Dittingen. Seven Elements is also entitled to sue at the customer’s location.

 

Dittingen, February 2019