Terms & Conditions
We’ve carefully considered everything to ensure your dealings with us are secure and transparent, which is exactly what these Terms & Conditions are designed to provide. If you have any questions or concerns, please don’t hesitate to reach out—we’re always here to help. Our priority is ensuring you have a great experience with us.
www.avent0ri.ch website (the Website) is operated by Montauk Group Ltd, Grafenaustrasse 7, 6300 Zug (We, Us, Montauk).
These general Terms & Conditions (Terms) applies to any order of products or goods (Products) on sale by Us and any sale or trade-in of your Watch (Items) by Us. By using the Website and accessing the service on the Website, including placing an order to Us or selling or trading-in your Items to Us (Services), you agree to be bound by these Terms.
We reserve the possibility to adapt or modify the Terms without notice. Every time you wish to order Products or sell or trade-in Items, please check these Terms to ensure you understand the terms which will apply at that time.
A. ACCESS TO THE WEBSITE
1. Terms of Access
1.1. By using the Website or the Services, you confirm that you are at least the age of majority in your state or province of residence and, if you use the Website or the Products on behalf of a legal entity, that you have the right to do so.
1.2. You will be solely responsible for the equipment and materials (computers, software, telecommunication equipment, etc.) required to access the Website, as well as for any telecommunication costs incurred as a result of their use.
2. Intellectual property
2.1. All intellectual property rights to the Website, the Services and the Content accessible through the Website (Content) are the exclusive property of Montauk and our licensors. The provision of such rights by Montauk does not entail the assignment of any intellectual property rights or the grant of any rights of use other than the licence granted in accordance with Article 2.2 below.
2.2. Subject to compliance with these Terms, and to the extent specified therein, you are granted a revocable, non-exclusive, non-transferable and non-assignable licence to access the Website and use the Content for your personal use, only to the extent necessary for the use of the Services.
3. Restriction of use
3.1. It is strictly forbidden: (i) to use and/or access the Website for purposes other than those provided for in these Terms; (ii) to copy, reproduce, modify, adapt or alter the Website, the Services and/or the Content; (iii) to create derivative works thereof; (iv) to access or attempt to access the source code of the Website using decompilation, reverse engineering or any other means; (v) to allow third parties to utilize all or part of the Website, Services or Content as to which access is restricted.
3.2. By using the Website, you undertake to comply with all applicable laws, not to use the Website for any unlawful purpose, not to include any false, incomplete or inaccurate information, or to introduce any viruses, or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information.
3.3. Without limiting the rights otherwise provided under these Terms, in the event of non-compliance with these Terms, we reserve the right to refuse you access to the Website or to refuse to provide the Services and Products.
4. Amendment and suspension
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website or any Service, with or without notice, without incurring any liability.
5. No warranty.
5.1. You access and use the Website at your sole risk. The Website, the Services and the Content shall be provided as is and as available. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality or availability of the Website, Services or Content.
5.2. We make no warranty, express or implied, commitment or representation that (i) the Website will meet your needs, (ii) the use of the Website will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website will be accurate or reliable or (v) the Website will be updated and any errors in Content will be corrected.
5.3. Any document or Content downloaded or obtained through the use of the Website is at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.
5.4. The use of the Internet involves risks, in particular that data transmitted may be intercepted, altered or destroyed. Furthermore, ordinary emails sent via the internet are neither confidential nor secure and may be read by third parties, lost, intercepted or altered. Emails cross borders, even if the sender and the recipient are located in the same country. Emails may be infected with viruses. The opening of emails from unknown sources and unexpected attachments in emails should generally be avoided. In order to combat viruses, we recommend that you use the latest versions of your browser and install up-to-date anti-virus software. By using the Website or the Services, you accept such risks and we disclaim all liability in this regard, including for any manipulation of a computer system by you, your representatives or unauthorised third parties.
B. ORDERS OF PRODUCTS
The order of the Products shall be subject to the terms of this Section B (in addition to the other parts of these Terms), in such version as is in force at the time of ordering the Products and shall comply with any instructions that we may, as appropriate, communicate to you by any appropriate means.
6. Products and Prices
6.1. The Website describes the Products as precisely as possible. We strive to display the colors and images of our products accurately. However, we cannot guarantee that your computing device (e.g. Computer, Smartphone, Tablet, etc.) monitor’s display of any color will be accurate. Therefore, images displayed on the Website are indicative only, may differ from the final Product and have no binding contractual effect.
6.2. Products are subject to availability and Montauk may impose quantitative restrictions.
6.3. Unless otherwise stated, the prices displayed on the Website are in Swiss francs (CHF), including Swiss VAT. Prices may be displayed in foreign currencies based on the daily conversion rate, but payment must be made to us in Swiss francs and any refunds will only be issued by us Swiss francs. We do not accept any liability for fluctuations in the exchange rate, which may affect any refund if you are based outside Switzerland. The prices indicated on the Website at the time of the order shall apply. We reserve the right to change the price of the Products at any time.
6.4. Product may be incorrectly priced in error. If this occurs we will contact you as soon as possible to notify you. If the listed price is higher than the true price, we will refund you the balance and proceed with the order. If the listed price is lower than the true price, we will give you the option to pay the balance or cancel the order. If we do not hear back from you within 5 calendar days, we will assume the order is cancelled.
6.5. The prices of the Products do not include delivery costs unless otherwise stated in the product description.
6.6. If you are based outside Switzerland, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Products. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your Order, you should contact your local tax or customs office for further information.
7. Means of payment
7.1. Payment for the Products may be made either by the usual means of payment indicated on the Website or by external financing under the terms of Article 7.3 below.
7.2. If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Product and we will not carry out any refunds until authorized by our bank.
7.3. For Products valued above CHF 3'000, you may request financing from our partners. In order to do so, you must submit a request to such partner, which shall be subject to acceptance by that partner, with whom you must then conclude a contract. The financing agreements are exclusively subject to the contractual terms and conditions of our partners. We are not a party to that agreement and disclaim all liability in connection with the loans or credit lines requested from financing partners. The procurement of financing is subject to conditions to be determined by the chosen partner (particularly in terms of the place of the borrower's domicile, his or her creditworthiness and other factors). You must provide the required information and documents.
8. Order and purchase
8.1. To place an order, you must provide Us with your contact details (billing/shipping address, phone number and email address). You will then receive an invoice and be able to check your order information. By proceeding with the payment, you accept the Terms and validate the order.
8.2. Upon receipt of your payment, a confirmation email will be sent to you. If the ordered Product is no longer available, or if for any other reason your order cannot be accepted, you will be notified by email.
8.3. We may have to refuse, reject or cancel an order after it has been confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will reimburse you for the full amount of the relevant Products as well as all invoiced delivery costs as soon as possible. We may also refuse an order in the event of a dispute regarding payment for previous orders or in the event of anomalous orders and orders which Montauk suspects were not placed in good faith.
9. Delivery and verification
9.1. Products which are the subject of a validated order shall be delivered to the address specified in the order by using a courier of our choice. Delivery options can be discussed during the ordering process. We reserve the right to contact you for further information regarding your order and delivery. Delivery dates are provided for indicative purposes only. We will not be liable for any delay in delivery of the Products that is caused by an event outside our control or your failure to provide us with adequate delivery instructions.
9.2. You are required to inspect the Products with all due care immediately upon receipt and to report to any manufacturing defects affecting them. Defects must be notified by email no later than 10 calendar days after delivery, specifying the nature of the defects found (including pictures), failing which the Products will be considered accepted.
10. Right of return
10.1. Without prejudice to any rights, you may have under the warranty (Art. 11 below), and unless otherwise indicated by Us, you have a right to return or exchange the Products within period of 10 calendar days from receipt of the Products. This right of return is however excluded for Products (i) that are not usually available on the Platform (special orders) ; or (ii) that are damaged, have been worn, or are not in their original condition and/or packaging.
10.2. To exercise your right to return Products, you must return the Products in question to Us by registered parcel within the period indicated in section 10.1 (the date of delivery to the forwarding agent being taken as proof), accompanied by the corresponding original invoice and a clear and unconditional declaration that you are cancelling the order and requesting either a refund or an exchange (if the order was for several Products, you must provide an individual declaration for each Product). You will bear the costs and risks related to the return of Products.
10.3. Unless otherwise stated, Products returned in accordance with Article 10.1 and 10.2 above shall, at your discretion, be exchanged or refunded within 30 calendar days following the receipt and inspection of the Product.
11. Product Warranty
11.1. New Products sold on the Website are warranted by their manufacturer for the term indicated by the manufacturer. We do not provide any further warranty in relation to the new Products sold, any manufacturer’s warranty, if any, being the sole applicable warranty. Used Products are guaranteed for one year only if the warranty provided by the manufacturers of the Products was expired at the time of purchase. Art. 197 of the Swiss Code of Obligations is expressly excluded to the extent not provided for by this section.
11.2. The warranty is subject to compliance with Article 9.3 of these Terms concerning notification of defects. The warranty start date is the date indicated on the warranty cards coming along with the Products, which must be evidenced by the invoice for the Product in question. The foregoing is without prejudice to longer statutory limitations periods.
11.3. Excluded from the warranty under Article 11.1 of these Terms are, in particular, damages resulting from improper use of the Products, any breach of Article 11.1 of these Terms, any use contrary to the instructions of Montauk or the manufacturer or for a purpose which is not indicated, negligence, inappropriate storage or conservation of the Products, accident, defects resulting from the transport of the Products, as well as normal loss or wear and tear.
11.4. If the warranty conditions are met for manufacturing defects reported in due time according to Article 9.3, we will replace the defective Product or, at our option, refund the price actually paid for the Product.
11.5. To the extent permitted by applicable law, the warranty set out in Article 11.1 of these Terms is exclusive and replaces and supersedes any other warranty or rights you might claim in respect of the Products.
C. SALE OR TRADE-IN YOUR WATCH
The sale or trade-in of your watch shall be subject to the terms of this Section C (in addition to the other parts of these Terms), in such version as is in force at the time of selling or trading-in your watch and shall comply with any instructions that we may, as appropriate, communicate to you by any appropriate means.
12. Price Proposal and Process
12.1. Our proposals to buy or trade-in your watch are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
12.2. On receipt of your watch, its purchase is subject to due diligence checks including a search through The Watch Register and also to an inspection. Should your watch match an item on The Watch Register’s database of stolen watches then Montauk will be legally bound to secure the watch and, where necessary, inform law enforcement. In such event, no payment will be made and you will be required to contact The Watch Register directly to resolve the issue. As soon as a clear check result is received, an inspection of your watch and any accompanying paperwork will then be carried out. We will then contact you with a final proposal for your watch.
12.3. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
12.4. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to this Section D “Sale or Trade-in your Watch”. In terms of the watch that you purchase from us, you are subject to Section B “Orders of Products”.
13. Payment
13.1. The prices quoted by Us and all payments made by Us will be in Swiss franc. The price quoted will be net. If you need to refund any sum to Us, this will also be in Swiss franc. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
13.2. We will make payment to the bank account provided by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide Us with inaccurate bank details. No liability is accepted by Us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
13.3. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you, as specified in Article 16 below, is breached, We have the option without prejudice to any other rights and remedies We may have to rescind the contract(s) and, if We choose to exercise this right, We will notify you by telephone and/or by e-mail as soon as possible upon discovery by Us. In this case, payment will not fall due. If We have already made payment, you must refund Us the full purchase price paid within 5 calendar days of receipt of notice from Us. Any outstanding amount owed to Us, including without limitation any servicing costs agreed between Us, will be deducted from any payment to you.
13.4. The price quoted excludes import duty or other taxes, fees and charges (see Article 14.3 below). You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by you against any amount payable by Us to you.
13.5. It is always possible that, despite our best efforts, We provide you with an incorrect valuation of your watch. If for some reason an error in the valuation has occurred, We will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, We do not have to buy the Items from you at the incorrect price. No liability whatsoever can be accepted by Us for accidental mistakes or errors caused by system failures.
14. Delivery
14.1. You may arrange shipment of your watch to us through your own method at your own cost. Should you choose this delivery option, you will assume full liability for the watch until we confirm in writing that the watch has been received at our premises. This is entirely at your own risk.
14.2. Alternatively, Swiss sellers are entitled to free collection by a courier of our choice. This courier will be insured from the moment that you hand the packaged watch over to them. You will ensure that the Items are properly packed and secured in such manner as to enable the Items to withstand the normal rigours of transit and reach the delivery location in good condition.
14.3. If, when We receive the watch, We identify some issues that will negatively affect its value, We will get in touch to discuss this with you, and may make a reduced offer on the watch. If you decide to not accept the reduced offer, then you will be entitled to free return of the watch only if the issues could not have been expected to be identified by you in advance of shipment. We retain the right to determine that you were inaccurate or negligent in your description of the Items, in which case you will be liable for the cost of return shipping, and We may hold Items until this payment has been made. If you are based outside of Switzerland, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; We have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
15. The Watch
You will ensure that the watch will:
i) Correspond with their description.
ii) Be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by Us expressly or by implication, and in this respect We rely on your skill and judgement.
iii) Be free from defects in design, material and workmanship.
iv) In some instances a non-manufacturer strap may be fitted to a watch.
16. Your Undertakings
You confirm that:
16.1. Information supplied by you
i) All the information supplied by you to Us before conclusion of a contract is true, accurate and complete;
ii) You have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;
16.2. Title
i) The watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
ii) The watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
iii) The watch is not subject to an undisclosed finance agreement; and
iv) No other person has any claim to the watch, whether legal, equitable, possessory or otherwise;
16.3. Condition
i) There are no undisclosed physical defects with the watch;
ii) The watch has not been an insurance “write-off” or subject to substantial remedial repairs;
iii) The watch has not been altered or tampered with;
16.4. Authenticity and provenance
i) You accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of Us and you radically and fundamentally different from the watch that you have agreed to supply; and
ii) The serial numbers and documentation are original, genuine and accurate.
You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by Us.
17. Remedies
If the Items do not comply with Section 15 and the undertakings set out in Section 16 then, without limiting any of our other rights or remedies, We will have the right to any one or more of the following remedies, whether or not We have accepted the Items:
i) To terminate the contract;
ii) To reject the Items (in whole or in part) and return them to you at your own risk and expense;
iii) To require you to provide a full refund of the price of the rejected Items (if paid);
iv) To recover from you any costs incurred by Us in obtaining substitute Items from a third party; and
v) To claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
vi) Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
18. Lien
Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all Items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.
18.1. Loss or Damage
If any Item you have posted to Us is lost or damaged while it is with Us, and you provide satisfactory proof that you posted it and we received it, We will attempt to find a suitable like-for-like replacement but, if unsuccessful, We will pay you compensation for the Items based on the actual loss you suffer. The compensation will not exceed the latest price quoted by Us to you for purchasing the Items less any of our costs including without limitation servicing fees.
We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by Us to you of the loss or damage.
D. COMMON PROVISIONS
19. Data protection
We have issued a privacy policy, accessible at address, which describes how personal data is collected through the Website and for what purposes. That Privacy Policy, as amended from time to time, forms an integral part of these Terms.
20. Liability
20.1. You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) use, unavailability or inability to use the Website or the Services, (ii) use or inability to use the Products, (iii) unauthorised access to or alteration of your data, (iv) from declarations or actions of any third party on or in connection with the Website, (v) information and results available on the Website, and in particular information of a medical or scientific nature, as well as all linked websites and all documents disseminated on the Website, (vi) any other cause relating to the Website.
20.2. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a service or of the Products, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Product.
21. Indemnity
You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from your breach of these Terms, whether or not you are at fault, in particular if you use the Website in breach of these Terms.
22. Miscellaneous
22.1. Should any provision of these Terms prove to be invalid or unenforceable, the Parties agree that their intentions, as reflected in the defective provision, shall be implemented to the fullest extent possible and that the remaining provisions of the Terms shall remain in full force and effect.
22.2. Assignment. You shall not assign or transfer any of your rights or obligations under these Terms. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these Terms to any third party at any time without your prior consent.
22.3. Force Majeure. We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
22.4. Events Outside of Our Control. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
22.4.1 An Event Outside Our Control means any act or event beyond our reasonable control such as non-performance caused by third parties including manufacturers, banking providers or carriers
22.5. No waiver. Any sufferance or failure by Montauk to apply all or part of the provisions of these Terms, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
22.6. Disclaimer: We are not official retailers of the brands on sale by Us. We are not affiliated in any way with them.
23. Applicable law, jurisdiction and venue
23.1. Applicable law. These Terms and the relationship between you and any company affiliated with Montauk, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
23.2. Jurisdiction. Exclusive jurisdiction for any disputes in connection with these Terms is vested in the competent courts at the registered office of Montauk, subject to any mandatory forum prescribed by law.
24. Contact
You may contact us at contact@avent0ri.ch
