Terms of service

These general terms and conditions apply exclusively to commercial transactions between Movement SA and business clients (B2B).

MOVEMENT SA ("the Supplier")
General Terms and Conditions of Sale, Delivery and Payment

I Contract Conclusion

1.1. The contract between the supplier and the buyer exists from the moment the order is placed, unless the supplier revokes it in writing within five days.

 

II Legal Provisions

2.1. The buyer undertakes to comply with legal provisions regarding price display. They agree not to modify the guidelines provided by the supplier.

2.2. Any direct importation bypassing the official agent is prohibited. Violation of this provision entitles the supplier to cancel existing orders and to refuse future deliveries. The buyer expressly waives any claims in the event of justified enforcement of these provisions.

 

III Prices

3.1. The supplier’s price list is binding; unless otherwise stipulated, all indicated prices are excluding tax.

3.2. The prices indicated in our documents correspond to the rates in effect at the time of printing or publication of the catalogue or documents. Price adjustments due to market developments, inflation, or currency changes may be made at any time without prior notice.

3.3. In the event of an increase in production costs after contract conclusion, the supplier reserves the right to adjust the price proportionally.

 

IV Shipments

4.1. The choice of shipping method and packaging is at our discretion.

 

V Orders and Deliveries

5.1. Deliveries will be made subject to availability and stock. Outside of base orders, shipping, delivery, and packaging costs shall be borne by the recipient. Packaging will not be taken back.

5.2. Delivery times are for information purposes only. Deliveries made within 30 days of the last indicated date shall be deemed delivered on time. After this period, the buyer may cancel the outstanding goods by registered letter but may under no circumstances claim damages from the supplier.

5.3. Order deliveries may be made in partial shipments. The supplier cannot guarantee a one-time full delivery.

5.4. All orders placed after the base order deadline (manufacturer deadline) are considered restocks. Restocks are not eligible for pre-season discounts. Product availability and delivery for restocks cannot be guaranteed.

 

VI Force Majeure

6.1. If the supplier is unable to fulfill delivery obligations due to force majeure, they are entitled to cancel the order without being liable for damages to the buyer.

 

VII Liability, Claims, Modifications and Cancellations

7.1. The buyer may only return goods with the supplier’s express consent. Returned goods must be in original packaging and in new condition. In all other cases, returns will be refused.

7.2. Claims regarding delivered goods must be submitted in writing with reasons within 8 days of actual receipt by the buyer. In the case of hidden defects, the claim must be submitted within 8 days of discovering the defect. Otherwise, the goods are considered accepted without reservation.

7.3. If claim conditions are met, the supplier may choose to repair defective items, replace them at their expense, or credit the buyer’s account. Under no circumstances is the supplier liable for damages or other obligations.

7.4. Any request to modify or cancel a base order must be submitted in writing before the base order deadline (manufacturer deadline). Modifications or cancellations after this date will not be accepted by the supplier or will be subject to cancellation fees amounting to 20% of the cancelled order’s value.

7.5. The buyer agrees not to resell Movement products to third-party stores that are not official Movement brand resellers.

 

VIII Payment, Late Penalties and Collection Fees

8.1. The supplier reserves the right to deliver goods only against prepayment at any time.

8.2. Unless otherwise agreed, payment must be made no later than 30 days from the invoice date.

8.3. All unauthorized deductions will be automatically re-invoiced.

8.4. If the payment deadline and/or recommended retail prices are not respected by the buyer, they lose all rights to discounts and/or other benefits.

8.5. If the payment deadline is not met, the buyer is considered in default.

8.6. Any delay in payment will automatically suspend the delivery of goods that have been ordered but not yet delivered.

8.7. In the event of default, the buyer shall bear all collection costs and late payment interest at the Swiss legal interest rate.

8.8. If the supplier’s claim collection requires the assistance of a lawyer and/or legal action, all legal and extra-legal costs shall be borne by the buyer. This compensation is due automatically, without prior notice, upon submission of the case for collection.

8.9. No claim shall suspend the obligation to pay for delivered goods. Offsetting is never permitted.

 

IX Retention of Title

9.1. The supplier retains ownership of sold goods until full payment of the total price. The buyer authorizes the supplier to register this retention of title in the property reservation register according to Articles 715, 716, and 717 of the Civil Code. The buyer undertakes to immediately inform the supplier of any change of address.

9.2. Non-payment of a due invoice may result in repossession of the goods without prior notice.

9.3. The buyer is not authorized to pledge unpaid goods or transfer ownership as security.

 

X Due Payability

10.1. Non-payment of a single invoice at its due date makes all other unpaid invoices, even if not yet due, immediately payable. Each payment made by the buyer will be allocated to their debts at the supplier’s discretion.

 

XI Applicable Law and Jurisdiction

11.1. All contracts are governed by Swiss law.

11.2. Legal jurisdiction is 1070 Puidoux.