Terms and Conditions

Last updated: January 19, 2024

Welcome to www.theswissgallery.com, the definitive home of luxury. We strive to ensure our customers receive an effortless shopping experience and we hope that you enjoy all our website has to offer.

www.theswissgallery.com (the "Website") is owned and operated by Niche Notes Watches and Perfumes Trading d/b/a The Swiss Gallery, for its own benefit and the benefit of its affiliates and subsidiaries (together “we" or “us") in the United Arab Emirates. Niche Notes Watches and Perfumes Trading is a Sole Establishment incorporated under the laws of the United Arab Emirates, with commercial license number CN-4989187 issued by the Department of Economic Development, Abu Dhabi, United Arab Emirates.

Website Terms

Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilisation of our Website and Website services. We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website.

Registration

To take advantage of the features and services of this Website, you can either utilize the Website on a “guest check-out" basis or create an Account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate, and complete. You can update your details by contacting us here or updating them in your Website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are eligible to register with us.

Privacy & Cookie Policy

Please refer to our Privacy Policy for details on how we deal with your data.

Orders

When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes, and duties where applicable.

Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions, and stock availability. Items in your Website basket are not reserved until your Order is paid for.

The Website (or our Social Media Accounts) may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.

Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order.

Customs, Duties, and Taxes

The customer or receiver bears sole responsibility for understanding the customs regulations of the destination country and facilitating the clearance of the shipment upon its arrival. Additionally, any associated fees, including customs duties and taxes, are the responsibility of the customer or receiver.

Payment

We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, American Express, Apple Pay, and other payment tenders listed on the checkout page. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid, or where we do not think you are authorized to use to utilize the relevant tender type.

The Swiss Gallery provides all possible payment options for our customer's convenience. For payments made via Credit Card, Debit Card, Apple Pay or any other tender type, we may request additional personal documents, such as a passport copy or ID card with photo, in order to confirm your order. The Swiss Gallery reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity. The Website is not liable or bound to inform or send specific communication to the user regarding the changes to your payment options on the website (or any portion thereof). It is the customer’s responsibility to get in touch with The Swiss Gallery in order to get the payment options reactivated. Our website may contain links to websites owned and operated by third parties and which are there for your convenience. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third party sites or services (including for the avoidance of doubt the Delayed Payment Provider). We make no warranties or representations about the accuracy, completeness or timeliness of any content posted on our website by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

Prices

The default currency is USD, and we also offer different currencies available using the currency switcher.

By default, prices on the Website are displayed in USD and exclude any services you may elect to pair the purchase with, delivery costs, taxes, or duties to which the purchase may be subject. The customer/receiver is solely responsible for knowing and paying any tax and/or duties (if applicable) when the order arrives at the destination country.

Where you purchase using a payment card denominated in a different currency to the currency selected on the checkout page, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

The destination you ask us to deliver to, the items & services you select, and the method of delivery you choose will dictate what delivery charges, taxes, and duties apply (if any). Please refer to our Order Delivery section for further details on delivery options.

Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:

  • has already been processed, then we may at our discretion:
    1. cancel the Order (or part thereof), arrange for collection of the mispriced item(s) from your original Order delivery address, and issue you a full refund including original Order delivery fees, taxes, and duties (if applicable);
    2. where the price you paid is lower than the actual price of the item, honor the price in your Order; or
    3. where the price you paid is higher than the actual price of the item, refund you the difference;
  • has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.
Price Difference

If an item you purchase goes on sale within 5 days of your purchase, your item qualifies for the discounted price. Please note, that the item must be in the same size and color that was purchased. The difference between the purchase price and the sale price will be provided through a promo code. The promo code will be valid for 6 months only, exclusions apply. Sale items with further reductions do not qualify for Price Difference. To claim the discount, contact our Customer Care unit.

Promotional Codes & Discount Schemes

We may offer promotional codes to our customers which can be applied at checkout when placing an Order through our Website. Promotional codes are subject to the terms applicable to each promotional code, which will be communicated to you. the offers and discounts offered by each promotional code may vary, so please ensure you read all terms and conditions of use applicable to the promotional code. Promotional codes are valid for a limited period, are not redeemable for cash, cannot be used in conjunction with any other offer, sale, discount or promotion (unless specifically stated) and may not be applied to certain products or brands. If the item is not eligible for the offer, the discount will not be reflected at checkout even if you insert the promotional code. Promotional codes are personal to you and should not be transferred to anyone else, unless you are authorized by us to do so.

Order Delivery

The Swiss Gallery ships to more than 110 countries across the globe, with the delivery methods outlined below. We’re constantly striving to improve your experience, and are working on introducing more delivery methods across our channels. Kindly continue checking back for any updates. All orders are shipped from our United Arab Emirates Warehouse.

Shipping from UAE Warehouse

Destination Delivery Timescales Cost (Order Value Less Than $299) Cost (Order Value More Than $299)
United Arab Emirates 1 - 3 Business Days $5 Free
Other GCC Members 2 - 4 Business Days $20 Free
Rest Of The World 2 - 5 Business Days $30 Free

* Orders placed outside of warehouse working hours (10 am - 6 pm), after the cut-off time, and/or during any UAE public holiday will be deemed placed on the first UAE working day following the Order's submission. Delivery timelines are estimates, see further details below. Order delivery may face delays during promotional activity, sale season, and bank holidays. We reserve the right to impose a re-delivery charge where your Order is not accepted at the address supplied to us on the confirmed date of delivery.

General Delivery Conditions: Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not shipped your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement or failed to meet the import guidelines and fees of the destination country.

Orders are delivered daily. You must ensure appropriate access for deliveries, including in particular but without limitation on Weekends. Please note the courier will make up to four phone calls to book the delivery time slot with you. And up to three attempts to deliver before your Order will be canceled.

If delivery is not accepted on the agreed delivery date, goods shall be kept in storage free of charge for a period of up to thirty (30) days. If you fail to agree a revised delivery date falling within thirty (30) days of the initial delivery date, we retain the right to cancel your Order, retain all monies paid and resell the goods with no further liability.

Please note that for orders delivered to remote areas or elevated risk areas, additional shipping charges may apply. You will be notified of any such charges before we process your order. We appreciate your understanding and cooperation in ensuring a smooth delivery process.

Logistic Partners & Shipping Insurance

By default, all orders come with shipping insurance through DHL. However, please be aware that this service is subject to limitations based on specific destinations and order values. Therefore, before finalizing your order, kindly contact us to verify the availability of shipping insurance for your specific location and order amount. Similarly, The Swiss Gallery reserves the right to choose another reputable logistic partner if deemed appropriate. Thus, the customer also agrees to the selected logistic partner's terms and conditions, insurance policy, and, in case of any loss or damage claims, the buyer agrees to adhere to the selected logistic partner's judgment. By placing an order with us, you implicitly acknowledge and accept these conditions.

The insurance coverage will be provided for the same amount that was paid for the order.

Trade Terms

By placing an order with us, you expressly agree to the Incoterm CIP (Carriage and Insurance Paid To), wherein we, as the seller, assume responsibility for the shipment's transportation and insurance costs until it reaches the agreed destination.

Upon dispatch, our designated logistics partner will handle the shipment, and a tracking number will be provided for your reference. Under the CIP Incoterm, we, as the seller, bear the risks associated with loss or damage during transit. This term aims to provide you with a seamless and secure shipping experience.

However, it is important to note that the buyer is still accountable for clearing the shipment through customs and any associated procedures upon its arrival at the agreed destination. To enhance transparency and ensure a smooth transaction, we recommend customers with high order values to confirm the availability of the insurance policy for their selected destination before placing an order. Understanding and compliance with these terms are imperative to facilitate a successful and hassle-free transaction.

Refunds, Returns and Exchanges

Please refer to our Return and Refund Policy for details on how we process returns, refunds, and exchanges.

Cancellation

If you change your mind, feel free to contact us within the first 15 minutes of placing your order to cancel it. We'll honor your request and cancel the order at no cost. After the 15-minute grace period, we are unable to cancel the order, and you are expected to proceed with the purchase at the agreed-upon price.

The 15-minute grace period for cancellation applies solely to orders paid via Stripe, our default payment gateway. Orders processed using alternative payment options such as Tabby, cryptocurrencies, or wire transfer are considered final upon placement and cannot be canceled thereafter.

Title to Goods

The title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.

Intellectual Property Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark, or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML, or other code contained in the Website. All such Content including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying, and use of the above-listed materials on any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.

Content

In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on this Website. We have made every effort to ensure that the information on the Website is accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error-free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up-to-date virus-checking software installed.

Third Party Sites

Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Descriptions

At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however, colors and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.

Disclaimer of Warranties

To the greatest extent permitted by applicable law, and except as expressly provided in this paragraph: (A) This site, and all information, content, products, services, materials, and software included on or made available to you on, by, or through it, are offered, provided and/or sold (as applicable) “as is” and “as available”; (B) The Swiss Gallery makes no representations or warranties of any kind, express or implied, with respect to any of the foregoing, including but not limited to the implied warranties of merchantability or fitness for a particular purpose; and (C) No advice, results or information, whether oral or written, provided by The Swiss Gallery shall create any warranty not expressly made herein (including in the incorporated terms). Without limitation of the foregoing, and except as provided in this paragraph, The Swiss Gallery makes no representations or warranties regarding any products or services offered, provided and/or sold (as applicable) on, by, or through the site, and to the greatest extent permitted by applicable law hereby disclaims (and you hereby waive), any and all warranties and representations made in product or services literature, “frequently asked questions” documents and otherwise on the site or in correspondence with The Swiss Gallery or its agents. The sole and exclusive warranties made in respect of any products offered, provided and/or sold on, by, and through the site, are contained, if applicable, in The Swiss Gallery Warranty Policy, unless otherwise specifically negotiated and set forth in a separate, written sales agreement between you and The Swiss Gallery.

Liability

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents, or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.

Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural, and religious rights as enshrined in applicable law.

Indemnity

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

Entire Agreement

You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

No Agency

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Assignment

We may assign our rights under this Agreement to any entity under the ultimate beneficial control of Niche Notes Watches and Perfumes Trading.

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

Illegality

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.

Language

These Website Terms are published in English. If there is any inconsistency between the English text and any other text generated from a translation software, the English text will apply.

Legal Disputes and Governing Law

YOU AND THE SWISS GALLERY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Niche Notes Watches and Perfumes Trading, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'The Swiss Gallery') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. The Swiss Gallery will provide such notice by email to your e-mail address on file with The Swiss Gallery and you must provide such notice by email to info@theswissgallery.com.

During the 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.

If the parties do not settle within the 60-day notice period, upon expiration of that period, either party may initiate arbitration.

The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or The Swiss Gallery and approved by the arbitrator.

Any in-person appearances will be held at a location mutually agreed upon by you and The Swiss Gallery, or, in the absence of such agreement, at a location determined by the arbitrator.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

The Swiss Gallery and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither The Swiss Gallery nor you are entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis.

If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration).

These Terms of Use and related transactions are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Abu Dhabi and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates.