Valid from 01 December 2023
1. General Terms and Conditions
1.1. By continuing your use of https://minasewatches.com/ (including any subdomains thereof) (“our website”) you agree to be bound by these Terms and Conditions (this “agreement” or these “terms”).
1.2. Please read these terms carefully before continuing to use our website.
1.3. By continuing to use our website, you are entering into a binding agreement with H-Development Sàrl (“H-Development”). H-Development (also referred to as “we” or “us”) is the official representative of Minase Watches in all countries other than Japan.
1.4. You acknowledge that by being bound by entering into this agreement, you recognize that you may be waiving certain rights as provided below. You also agree that this agreement is binding on you as well as your heirs and legal representatives.
1.5. If you do not agree to these terms, you may not use our website or purchase any of our products.
1.6. By using our website and placing an order after that at any time, you affirm that you are of legal age in your jurisdiction to enter into this agreement.
1.7. After the first day you read these terms, unless otherwise specified in a written agreement entered into by H-Development and you, you agree that these terms will apply to any purchases, deliveries, and services that H-Development carries out for you.
1.8. If the different language versions of these terms contain contradictions, the English version shall be authoritative and will control.
1.9. Except as provided here, in another written agreement between you and H-Development, or as required under applicable law, H-Development has and will have no obligation to you in connection with your use of our website or purchase or use of our products. Any sales contract terms between you and us that conflict with these terms will take precedence over or control. These terms take precedence over and control in all cases over any terms and conditions you seek to impose on your use of our website or purchase of our products. You agree that H-Development is not obliged to inform or remind you of the precedence or controlling nature of these terms.
1.10. Upon concluding a purchase of any product through our website, you also affirm that you have read, understood, and agreed to these terms.
2. Pricing Information
2.1. The price of a product corresponds to the applicable information on this website and the information contained in the sale showcases, except in cases of obvious error. Prices are quoted, unless otherwise indicated, in Swiss Francs for Switzerland, in Euros for Europe and in USD for all other countries, including VAT. The shipping costs and any customs and packing costs are included, unless stipulated otherwise.
2.2. H-Development reserves the right to modify the price of products offered on our website (“our products”) at any time without prior notice to you.
2.3. You are responsible for any costs incurred when using our website when placing an order with us (e.g., internet access, telephone costs).
3. Product and Disclaimer of Warranties
3.1. The display of any product on our website does not constitute a binding offer to sell that product, nor does it guarantee the availability of the product.
3.2. H-Development always reserves the right to modify the products it shows on our website.
3.3. While H-Development tries to accurately display the shape, design, and features of its products on our website, you recognize that computer systems and monitors vary in capability and that the actual shape, color, or other features of a product may differ in appearance from what you saw on our website. While considerable effort has been made to ensure that the visual representations of H-Development products displayed on the platforms are representative of the color, design, and style, etc. of products, slight variations, distortions, and/or differences may also be apparent when compared to the original product due to technical issues, such as your browser or computer settings. Accordingly, H-Development cannot be held liable for any apparent differences in the product images represented on our website as compared to any actual product.
3.4. While H-Development makes reasonable efforts to include accurate and up-to-date information on our website, it makes no warranties or representations concerning the content of our website, which is provided “as is.”
3.5. NO PART OF THIS WEBSITE IS MEANT TO MAKE A GUARANTEE, REPRESENTATION, OR WARRANTY OF ANY KIND. ANY GUARANTEES OR WARRANTIES WILL BE STRICTLY LIMITED TO THOSE PROVIDED IN OUR TERMS AND CONDITIONS HERE OR IN OTHER AGREEMENTS WE ENTER INTO WITH YOU. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
3.6. To the fullest extent permitted by law, H-Development shall not be liable in any manner for direct, indirect, incidental, consequential loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on our Website or any damages arising out of or in connection with the use of our Website. Furthermore, H-Development assumes no responsibility and shall not be liable for any damages arising from computer viruses or other malicious or harmful code that may infect your computer equipment or other property on account of your access to, use of, or browsing ON OUR Website or your downloading of information from our Website.
4. Product Orders, Payment, and Delivery
4.1. Orders you make on our website are deemed to constitute an offer to purchase in order to acquire the applicable product. H-Development is free to accept or reject the offer up until confirmation of order acceptance.
4.2. Once you complete an order, we may send an email acknowledging your order or we may acknowledge your order using some other form of order acknowledgment. An acknowledgment does not mean that H-Development has accepted the order. If H-Development accepts your order, H-Development will send you an order confirmation. Upon H-Development transmitting a confirmation of your order, you agree a binding contract exists between you and H-Development, and the price becomes due for payment. H-Development reserves the right to withdraw from the contract if the desired goods are not in stock and to refund any payments. If an order is accepted and the product is in stock, H-Development will send you the purchased products subject to these purchase terms and conditions.
4.3. For validating any transactions and preventing fraud, H-Development reserves the right, in particular, before acceptance of the order, to ask you to confirm certain information to H-Development about your order by email, website, telephone, or other means, provide H-Development with evidence of your identity (e.g., copy of ID card), or provide any other reasonably requested information. H-Development reserves the right to refuse or cancel an order if you do not respond to or appropriately cooperate with such requests.
4.4. H-Development guarantees the authenticity of all products purchased through our website.
4.5. By placing an order via our website, you represent (or reaffirm) that you are legally competent to make legally binding contracts and are at least 18 years old.
4.6. To the fullest extent permissible under applicable law, H-Development reserves the right to refuse business from any customer for any reason.
4.7. H-Development reserves the right not to deliver products to certain countries.
4.8. We accept various forms of payment as indicated on the checkout page. Payment must be made in full before we process and ship your order. If your payment transaction does not go through, you must compensate H-Development for any damage incurred. Until full payment of the purchase price, shipping and transport costs, value-added tax, or other amounts owed per our purchase terms, any ordered product remains the property of H-Development. You may not pledge, sell, process or remodel the ordered product(s) in any way until we receive complete payment for all such applicable amounts. In the event of any delay in payment, H-Development is entitled to retain the title in the ordered product at the expense of the customer via the Debt Enforcement Office in the retention of title register, and H-Development will be entitled to charge interest of seven percent (7%) per year of the total purchase amount from the due date of the amount until the date of actual receipt of the amount by H-Development.
4.9. You agree that H-Development will not be held responsible for any unauthorized access or use of your payment information arising from using our website.
4.10. You are responsible for ensuring that you provide a correct delivery address to H-Development at the time of the product order. If the information you supply to us when making an order is inaccurate or incorrect, H-Development shall not be liable for the inability to deliver the order or for keeping to any deadlines. In the event of loss of or damage to a product delivered to an incorrect address provided by you, your payment for the product will not be refunded.
4.11. We typically release an ordered product for dispatch within 14 working days from the order confirmation and then promptly ship to the address you provide, unless otherwise stipulated in the order confirmation.
4.12. If personalization of the product is desired at order, engraving of the watch or special dials, additional time for the creation and assembly of the desired Minase watch is to be expected. Specific details will be confirmed between you and us.
4.13. If H-Development cannot meet an estimated delivery date specified in the order confirmation, H-Development will contact you promptly and inform you of the new delivery date. If you refuse the revised delivery date and H-Development is not capable of delivering the product(s) within 30 days of the original date of the order or, where appropriate, before the specifically agreed delivery date, you may cancel the order without costs and receive a full refund of the purchase price paid. This provision does not apply to personalized products.
4.14. The title, risk, and benefit of any ordered product are transferred to you on the date of confirmation of product delivery to you. Risk within this provision means, among other things, responsibility for damage to the product through the use, handling, or storage thereof.
4.15. Adding or substituting parts or accessories with those not manufactured by Minase/H-Development and any alteration, modification, or other material change made to or on Minase products by a third party not authorized by Minase/H-Development cancels the warranty. H-Development does not approve any modification made by non-authorized third parties on the Minase products, including adding graphic elements or other customization. You agree that any changes to our products not performed by or authorized by us may harm the quality and integrity of the Minase products and result in limiting or voiding any warranty or guarantee on any product you purchase from us.
5. Right of Purchase Withdrawal/Termination
5.1. Unless other purchase terms apply and control, you have the right to terminate any purchase agreement within 10 days of receipt without giving reasons if the watch is not a limited/bespoke edition or a Masterpiece. This right of withdrawal is only available to a private person who purchases the applicable product for personal, private use, and this right of withdrawal is limited to any orders placed to H-Development. Your right of withdrawal does not apply to any products you have had personalized or individually modified or tailored in any individual manner, such as engraving a Minase watch or adding a bespoke dial. The period of 10 days begins on the day after delivery of the product to your address.
5.2. We will only take products back and refund the purchase price when a product is returned unused and in new condition. H-Development will refund you promptly upon receiving the returned product in perfect condition. The same means of payment used for the purchase will be used for the refund. To obtain a refund, you must send back by registered parcel or courier the unused product in the original packaging, along with the warranty certificate and the purchase receipt. The product must be sent to H-Development in Switzerland using the current address on our website. H-Development will not cover delivery costs for the shipment of the returned product.