General Terms and Conditions for the Victorinox Online Shop Mexico

1. Scope

1.1 The following General Terms and Conditions ("GTC") shall apply to the use of the website www.victorinox.com/en-mx ("Website") and also to orders of products of Victorinox in the online shop of the Website in Mexico, in the current version at the time each order is placed. The Website is owned and operated by Victorinox AG, Schmiedgasse 57, CH-6438 Ibach-Schwyz. Contracts for online purchases are entered into between the customer („Customer“, or „you“) and the supplier, Victorinox Mexico (a wholly owned subsidiary of Victorinox AG), Schmiedgasse 57, CH-6438 Ibach-Schwyz („we“ or „us“).

1.2 We shall be entitled to supplement or amend the GTC at any time at our own discretion. The applicable version of the GTC is the one which was in place at the time an order was placed.

1.3 Deviating, additional or conflicting customer conditions will not be recognized unless we have expressly agreed in writing to their validity.

1.4 For the acquisition of sharp objects it is necessary to be of legal age (this includes knives, knives, multitools, and any pointed or sharp tool or instrument). It is the buyer's obligation to ensure that they are aware of the regulations in their region in relation to the acquisition and use of these products, ensuring that they are not breaking the law. The use that can be given to the products purchased in this online store is the responsibility of the user, Victorinox México SA de CV is totally demarcated from the misuse that can be given to them.

2. Terms of use

2.1 Proper registration is required for the use of offers in our online shop. In this regard as a customer, you are responsible for providing truthful and complete information. 

2.2 We are not obligated to accept the registration or orders of a registered customer. Likewise, we are not obligated to make the Website and its services permanently available. Orders that have already been confirmed remain unaffected by this. 

2.3 If incomplete or inaccurate information is provided upon registration, or if you neglect to inform us of changes, then we are entitled to immediately exclude you from using the online shop. 

2.4 You are obligated to treat your personal login information as confidential and to prevent access by unauthorized third parties.

3. Online ordering process

3.1 Begin your order by adding the selected products to the shopping cart. You can view the shopping cart again on the overview page before beginning the checkout process. Click on the shopping cart icon at the top right of the screen and you will be taken to your shopping cart, where your selected products are displayed. 

3.2 As long as the cart has not been sent, you can edit your shopping cart at will. Please check before submitting your order whether you want to add more products, as this is no longer possible after your purchase.3.3 Please provide the delivery address in the second step of the checkout process, for any purchase in the Victorinox Mexico online store it is necessary to specify a delivery address located in the Mexican Republic.

3.3.1 If an Invoice is required, it is necessary to fulfill all the billing information located after the delivery address. The required information to generate your invoice is: company name, RFC, fiscal address, fiscal regime and use of CFDI. Once the purchase order has been generated, it is not possible to add or modify the delivery or billing information.

3.4 Enter the payment information in the second step. In the third step, you can review your selection and all information as well as correct any entry errors before sending and placing your order. 

3.5 By pressing the „BUY NOW“ button, you are confirming a binding order of the products that are in the shopping cart. An automated email confirming that we have received the order is generated immediately after the order is sent, and it does not constitute an acceptance of the contract.

3.6 If you have opened a customer account, then you can see your orders at any time under „My Orders“.

3.7 Personalization of products: We offer personalization services for certain products (e.g. engraving). The customer is fully responsible for the correct provision of personalization orders (e.g. selection of scale color, font color and size, text to be engraved). Submitted personalization orders will not be corrected on our side, e.g. neither typos nor selection of font colors will be corrected or optimized. It is strictly forbidden to use coarse language as well as discriminating, racist, sexist or violence glorifying wordings. We reserve the right to cancel orders that contain wordings which are not in line with the provisions mentioned above or may bring into disrepute Victorinox’s brand, products or reputation. You are responsible and liable yourself that your personalization does not infringe any third party rights.

3.8 After completing your order, it is not possible to add or remove products to/from your order. You would need to create a new shopping cart for this.

3.9 www.victorinox.com reserves the right to request official documents from its clients, as a means of validation of the product acquisition process through its website. The shipment of the order will be conditioned to the receipt of the requested documentation and its validation.

4. Subject matter of the contract, characteristics

4.1 The subject matter of the contract is the products specified in your order and listed in your order confirmation at the retail prices listed in the online shop. Errors and omissions are reserved, particularly those affecting the availability of goods; however, we endeavour to eliminate errors as soon as possible. 

4.2 The characteristics of the ordered products are based on the product descriptions in the online shop. Images of products on the Website may be inaccurate under certain circumstances. In particular, colors may substantially differ for technical reasons. Images are used for illustrative reference only and can differ from the product. Technical data, weight, dimensions and performance specifications are specified as precisely as possible, but may have the usual deviations. 

4.3 The presentation of products on the Website constitutes a non-binding online catalogue and not a legally binding offer.

5. Conclusion of contract

5.1 A purchase contract is concluded only when we send you a separate shipping confirmation via email within five days after your order for the products was placed. There is no contract concluded for ordered products that are not listed in the shipping confirmation. This may also affect products that are offered in the online shop but are not available when your order is received, for example. In this case, we will reimburse you for any eventual payments that were already made. For the reimbursement, we use the same method of payment which you indicated when processing the initial transaction. 

5.2 If the product that is indicated in your order is only temporarily unavailable, then we will immediately inform you of this in the acknowledgement of receipt of your order. You have the right to terminate the contract if there is a delivery delay of more than two weeks. In this case, we will reimburse you for any eventual payments that were already made. For the reimbursement, we use the same method of payment which you indicated when processing the initial transaction. 

5.3 Products will only be sold in typical household quantities. Sales will only be made to private consumers who are at least 18 years of age, legally competent and have their regular residence as well as a delivery and billing address in the República Mexicana.

6. Prices and payments

6.1 The prices quoted at the time of the order shall apply to orders in our online shop. The prices quoted are retail prices in Mexican Pesos (MXN) and include the applicable value-added tax. 

6.2 The shipping costs to be paid by you are provided in the shopping cart in the order summary before your order is shipped. 

6.3 Payment for the items takes places via the methods of payment suggested in the order process (debit card, credit card, PayPal, OpenPay) under the conditions specified there. We reserve the right to exclude payment of invoice, depending on the result of the examination of your data (identity and credit check). 

6.3.1 Payments in installments interest-free: for all orders equal to or higher than $1,500 mxn pesos, payments can be made in installments to 3 and 6 months interest-free

6.3.2 for purchases equal to or higher than $3,000 mxn pesos, payments can be made in installments to 12 months interest-free on specific dates according to promotions.

6.4 We treat all personal information as strictly confidential. Details regarding the credit check can be found in our privacy policy, all payment information submitted is entirely secure from third party access. We use the latest technology to protect your data and encrypt all of your information with a secure SSL connection. 

6.5 If you select PayPal as your payment method, we will redirect you to the PayPal website. There you log in with your personal PayPal access information and make your payment without disclosing your payment information to us. We are directly informed about the receipt of your PayPal payment, making it possible to immediately begin processing your order for shipment. For more information about PayPal, see www.paypal.com. 

6.6 Some promotions, vouchers and discounts may apply restrictions on products, purchase amount and/or expiration date.

6.7 For the reimbursement, we use the same method of payment which you indicated when processing the initial transaction.

6.8. The right to offset is only available if your counterclaims have been legally determined, or if they are recognized and undisputed by us. You are only authorized to exercise a lien to the extent that a counterclaim is based on the same contractual relationship.

7. Delivery and retention of title

7.1 Unless otherwise agreed, delivery will be sent to the address provided by the customer. Deliveries are only available within República Mexicana. 

7.2 Deliveries are made by our authorized shipping partner. Unless otherwise specified, items are received by the customer approximately three to five working days after placing an order. Please note that personalized products might take 1 or 2 days longer to ship. Victorinox will do its best to meet the published delivery times. Delivery time may change without prior notice. 

7.3 The delivery times provided are only intended as a point of reference and are therefore considered only agreed as being approximate. Disruptions that are not caused by us or any of the companies that we have contracted (such as logistics companies for performance of the contract) as well as force majeure may further delay the delivery. 

7.4 The delivered goods remain the property of Victorinox Mexico until full payment has been made. 

7.5 Victorinox Mexico remains at entitled any time to enter or have entered its retention of title into the designated official register.

8. Redeeming promotional coupons

8.1 Promotional coupons are coupons that we issue at certain promotional events and that have a specific period of validity. You are unable to purchase them. The following conditions as well as those on the respective promotional coupons apply.

8.2 Promotional coupons are only valid in the respectively specified period, and they can only be redeemed once and only before completion of the order process. Promotional coupons may not be used in combination with one another (and not with different promotional coupons). Individual products may be excluded from the coupon promotion. 

8.3 The required minimum order is always mentioned in connection with the coupon. If the minimum order value is subsequently no longer met, due to a return of items, then we reserve the right to void the coupon.8.4 If the value of the promotional coupon is insufficient for the order, then the difference can be paid using the payment options we offer. 

8.5 If you exercise your right of return, then the reduced purchase price will be refunded. There is no right to a reimbursement or replacement of the coupon. 

8.6 The value of the coupon will neither be paid in cash nor bear interest. No remaining credit balance will be refunded.

9. Returns

9.1 You can return any item ordered from the online shop free of charge within 15 days of receipt. The returned item must be accompanied by the original labels, fastenings and packaging, and it should be in a state expected after normal usage to inspect and try the merchandise. We will be unable to sell any return items with a strong odor or other signs of use. We reserve the right to assert claims for compensation in such cases. 

9.2 A fragrance sample is sent with selected fragrances, so you can test the fragrance without opening the original packaging. If you do not like the fragrance sample, then you can return the unopened fragrance in the intact original packaging. Products that have been opened will not be accepted for return 

9.3 Unfortunately, items that have been ordered online cannot be returned to a Victorinox Retail Store or other point of sale. 

9.4 In order that we can process your return quickly, please note the following: 

a) The customer has 15 calendar days to notify the mail ventas.mx@victorinox.com that wants to return a product. 

b) If you are within the deadline established for the returns, you will be asked to fill a form where you have to tick the reason of your return, specify the invoice number of the product and the complete address to which we will make the collection.

c) All returned items must be accompanied by the original packaging and be in 100% resaleable condition.

To process your return, please place your returned items in a shipping box and affix the shipping label provided via email to the outside of the box. The assigned Carrier will attempt to collect the package three times from the designated shipping address. If after three attempts of collection, the Carrier is unable to retrieve the package. The package must be deposited at the assigned Carrier Collection Facility within 5 business days after the initial receipt of the shipping label, otherwise the return will not proceed.

d) Once received in our warehouse, a thorough review is made to determine that the products are in perfect condition to make the return valid. In this sense, the product must meet the following requirements:

• Complete packaging, no damages, marks, dents, etc. In any of the presentations: blister, box, bag, etc.

• Product without signs of use, without damages, marks, scratches, odor, etc.

• With their origin labels.

e) Within a maximum period of 3 to 5 business days from when we received the product, it will be confirmed by email if the return was accepted.

9.5 In case of acceptance, Victorinox México will make the refund, discounting the fee of the payment method, and depositing it to the original payment method the next closest Friday. 

9.6 In case of rejection, Victorinox México will send the product back to the customer. 

9.7 When the reason for the return is due to a product with physical damage detected during the reception, the customer must report this damage within 2 business days after receipt of the product to ventas.mx@victorinox.com; if it is not reported within the indicated period, the company will not be responsible and a refund would not be valid. 

9.8 No changes are made. In case of a change, you must follow the return process and place an entirely new order.9.9 No cancellations are made after purchase nor partial returns.9.10 Cancellation, Withdrawal, Exchange and Return of personalized products: Please note that personalizations may not be cancelled. As soon as you place your order, Victorinox starts the production and therefore cannot accept any changes or cancellation. The right of withdrawal does not apply to the delivery of goods that are made according to the customer specifications or are clearly tailored to the personal needs of the customer. In addition the right of return does not apply to configurated and personalized items except for manufacturing defects, deficiencies, damage from transport or any other error caused by Victorinox. In such cases, we will happily send you a correct product free of charge.

10. Damage during transport

10.1 If upon receipt of the goods, you observe defects such as incomplete, broken, cracked or otherwise damaged items, please immediately contact us through our contact form or by sending an email to ventas.mx@victorinox.com so be able to support you with the relevant process.

All claims must be made within 48 business hours after delivery of your order, otherwise no claims will be accepted outside of that period.

10.2 Failure to contact us has no consequences for your legal warranty rights, but it helps us to be able to file our own claims against the freight carrier or the transport insurance company.

11. Rights arising from defects and warranty

11.1 The products sold by Victorinox México have a guarantee in accordance with the product purchased, which is found in the guarantee policy for your product.

1. Damages due to misuse are not covered by a warranty. Errors due to incorrect use or manipulation of material or breakdowns are used as an abnormal thereof, will void the warranty.

2. To make a guarantee valid, you must have your invoice.

3. If you need to make a guarantee (factory defect) or repair, you must do the following:

   1. Send an email to servicio.mx@victorinox.com with a photograph of your product, stating whether it is a guarantee or a repair and attaching your invoice.

   2. After this, the service area will provide a collection guide.

   3. Once the product is received, the service department will evaluate the product and follow up on the service. In case of the application of the guarantee, the collection is the responsibility of Victorinox México. If it is a repair, the customer must pay for the collection guide of 130.00 MXN VAT included, the cost of repair and the cost of shipping the repaired part of 130.00 MXN VAT included.

4. For any questions related to guarantees and repairs, please call 01800 2116333 or send an email to servicio.mx@victorinox.com

12. Errors, Inaccuracies and Omissions

12.1 The information in the Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

12.2 We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law.

13. Liability

13.1 Claims by you for damages are excluded, other than those arising from injury to life, limb, health as well as liability for damages based on an intentional or grossly negligent breach of duty. 

13.2 The above restrictions also apply to our legal representatives and vicarious agents, if claims are asserted directly against them. 

13.3 The provisions of the Product Liability Act remain unaffected. 

13.4 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times with the current technology. Therefore, we are neither liable for the continuous and uninterrupted availability of the online shop, nor for technical and electronic errors beyond our control during an ordering transaction. 

13.5 Links on this Website to other websites are provided solely for your information and better navigation. If links are created to other websites or sources, then we are not responsible or liable for the availability of such external sites or sources. The content accessible on such websites or sources is not our own, and any liability or warranty for this is excluded.

14. Intellectual property rights

14.1 The logo „Cross & Shield“, Victorinox® and Swiss Army® are registered trademarks of our company and our subsidiaries. The company owns other brands, logos, designs, products and information, and all copyrights or other intellectual property rights on this Website or patents related to this Website, which may not be copied, reproduced, posted, transmitted, modified or distributed in any way (electronically or in writing), without first obtaining the written consent of the owner of such materials or to be legally entitled to this. 

14.2 Downloading or printing of materials from this Website does not express or imply the transfer of rights. However, you may download any page of this Website for exclusively personal, non-commercial purposes, provided that you do not remove the references to the copyrights.

14.3 The copyright of some documents and other materials provided on this Website belong to third parties. These documents and the other materials have been provided on this website with the permission of the owner of these copyrights. You have to check the references to the copyright of these documents or materials.

14.4 All rights not granted under these General Terms and Conditions remain reserved by the company.

15. Customer ratings and test reports

15.1 The Terms of Use in this section apply to your conduct in connection with the service we offer „Ratings and Reviews“ (hereinafter referred to as „CRR Service”). If there are conflicts between our Privacy Policy and these Terms of Use, then these Terms of Use are decisive for the CRR service.

15.2 By submitting content of any kind to us, you indicate and assure 

• that you are the sole author and owner of the relevant intellectual property rights;

• that you voluntarily waive all intangible rights that you may be entitled to in regards to this content; 

• that any content you provide is accurate;

• that you are at least 18 years old;

• that the use of the content you provide does not violate these Terms of Use and inflicts no damage to natural or legal persons.

Furthermore, you agree and assure that you will not post any content

• that you know is false, inaccurate or misleading; 

• that constitutes a violation of copyrights, patents, trademarks, trade secrets, other proprietary rights, publicity or privacy rights of third parties;

• that contains a violation of any law, statutory provisions, regulations or provisions (including, but not limited to those that are relevant for the export control, consumer protection, unfair competition, anti-discrimination or misleading advertising);

• that offends or defames an individual, a partnership or a company, is hateful, or full of racist or religious prejudice, or which threatens or harasses them, or can be reasonably regarded as such; 

• for which you have received a remuneration or consideration from a third party; 

• that contains information, a reference to other Websites, addresses, email addresses, contact information or phone numbers;

• that contains computer viruses, worms or other potentially damaging computer programs or files.

15.3 With regard to all claims/complaints, demands and actual damages (present and consequential damage) of any kind or nature, whether known or unknown, arising out of any breach of your information and assertions listed above or from your violation of any laws or rights of third parties, including reasonable attorneys' fees, you agree to indemnify and hold us (and our management, directors, agents, subsidiaries, joint ventures, employees and third-party suppliers) harmless. 

15.4 For each content submitted by you, you grant Victorinox a permanent, irrevocable, royalty-free, transferable right and license to use, copy, to modify, entirely delete, adapt, publish, translate, create derivative works and/or sale and/or distribute or to incorporate it worldwide in any form, media or technology without having to receive remuneration for it. 

15.5 Any content submitted by you can be used at our sole discretion. We reserve the right to modify, summarize or delete any content, which we, in our sole discretion and view, consider to violate the guidelines for content or any other provisions of these Terms of Use. We do not guarantee that there are any possibilities for you to edit or delete the content you submit. Generally, the contents are posted on the Internet within two to four business days. However, we reserve the right to remove any submitted contents for any reason whatsoever or refuse its publication on the Internet. You acknowledge/confirm that you are responsible for the content submitted by you and not us. Regarding the content submitted by you, we, our representatives, subsidiaries, affiliates, business partners or third-party suppliers, and their respective directors/administrative boards, executives and employees are not under any obligation of confidentiality. 

15.6 We will delete your personal data related to product ratings and reviews if you ask us to do so at info.mx@victorinox.com.

16. Confidentiality and data protection

16.1 The confidentiality and privacy policy valid for this Website can be found under the Privacy Policy

17. Service hotline

17.1 If you have any questions regarding the Website or online orders, you can reach us via email: ventas.mx@victorinox.com from Monday to Friday from 8:30 to 14:00 and from 15:00 to 17:30.

18. Final provisions

18.1 For disagreements and disputes arising in connection with the Victorinox Online Shop, mexican law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Mexico.

18.2 If individual provisions are or become invalid, then the remaining provisions shall remain unaffected.

Last update: May 2019