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 the « Buyer » and Instants Précieux et Compagnie Sàrl (hereinafter: « IPC Sàrl »), made through www.mermont.ch or through email, phone or face to face communications.

1.2 Instants Précieux et Compagnie Sàrl is registered in Zürich, Switzerland. At any moment, you can contact us at the following email address: seb@mermont.ch.

1.3 By placing an order (hereinafter: the « Order »), the buyer acknowledges that he has read, understood and accepted, without any reservation, these General Conditions, as in force at the time the Order is placed, and agrees that they form an integral part of the contractual relationship between the buyer and IPC Sàrl and that they are binding. By placing an Order, the buyer agrees to the General Conditions on his own behalf or on behalf of the entity he represents, and he warrants that he has the right, authority and capacity to enter into such an agreement.

1.4 IPC Sàrl 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.

2. PRODUCTS AND OFFERS

2.1 On the Website, IPC Sàrl publishes its watches and any other items available for sale (hereinafter: the « Product ») and indicates their characteristics and prices. The information on the Website concerning the watches and their prices is subject to change without notice.

2.2 The Buyer can order the available Products by placing an Order by email at seb@mermont.ch. The information provided 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 IPC Sàrl for the Products concerned (hereinafter: the « Offer »).

2.4 Upon placement of an Order, and subject to availability of the Product, the Buyer may receive a pro forma invoice or reservation invoice. Such invoice is issued for reservation purposes only and shall not constitute acceptance of the Order. The invoice sets out the applicable payment terms, including payment amounts, payment schedule and accepted payment methods.

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 IPC Sàrl 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 IPC Sàrl accepts the Buyer’s Order. The Order is deemed to be accepted when, following the payment by the Buyer, IPC Sàrl provides the Buyer with a confirmation of acceptation by email, by any other written communication, or by sending the Products ordered.

3.2 IPC Sàrl 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 communicated via email.

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

4.4 Unless indicated otherwise by IPC Sàrl, the delivery costs are supported by the Buyer.

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 shall be made by bank transfer in accordance with the details and instructions set out in the invoice. The invoice specifies the applicable payment terms, including the payment amounts, payment schedule and any applicable deadlines. The processing of personal data relating to payments and payment methods is governed by our Privacy Policy.

6. DELIVERY

6.1 The Products shall be delivered to the shipping address provided by the Buyer by email, using a delivery service appointed by IPC Sàrl. Any delivery time or estimated delivery date communicated to the Buyer is provided for indicative purposes only and may be affected by, without limitation, Product production lead times, availability of components, customs clearance, logistics constraints or other circumstances beyond IPC Sàrl’s reasonable control.

6.2 The Buyer must immediately inspect the Products upon Delivery. If the Buyer discovers any defects, they must immediately notify IPC Sàrl 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 IPC Sàrl to accept, at its sole discretion, a return for replacement in conformity with article 8 is reserved.

8. WARRANTY

8.1 IPC Sàrl 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 IPC Sàrl 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 IPC Sàrl immediately. In the absence of such notification, the Products shall be deemed to be accepted even in respect of such defects.

IPC Sàrl shall, at its sole discretion, replace or repair the Product in question, to the exclusion of any rescission of the Purchase Agreement or reduction of price. While waiting for IPC Sàrl’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. IPC Sàrl assumes no responsibility for any errors or omissions in the photos or texts appearing on the Website.

9.2 IPC Sàrl 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 IPC Sàrl 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 IPC Sàrl’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, IPC Sàrl 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 IPC Sàrl shall not be liable for any damages caused by the Products or any damages using the Products. IPC Sàrl 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 IPC Sàrl.

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 IPC Sàrl may communicate with the Buyer, for the purposes of order processing and contractual performance, by email, telephone, social media platforms or instant messaging applications (including, without limitation, WhatsApp and Instagram). The Buyer agrees that such communications may be made 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 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 IPC Sàrl’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.

 

IPC Sàrl

2025