TERMS & CONDITIONS
INTRODUCTION
1.1 This document (together with the documents mentioned therein) contains the conditions governing the use of this Website www.cherkaswatches.com (hereinafter the «Site») and the purchase of the items contained therein.
1.2 By placing an offer, order or pre-order (hereinafter the «Order»), you acknowledge that you have read, understood and accepted, without any reservations, these Terms and Conditions (hereinafter the «Conditions»), as in force at the time the Order is placed, and agree that they form an integral part of the contractual relationship between you and CHERKAS TIME INSTRUMENTS LTD. (hereinafter the «CHERKAS») and that they are binding. By placing an Order, you furthermore agree to the Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority and capacity to enter into such an agreement.
1.3 CHERKAS reserves the right to modify these Conditions at any time, and at its sole discretion, by publishing a new version on the Website www.cherkaswatches.com. The new version of the Conditions shall be applicable to any Order validated after its publication.
1.4 We invite you to read our Privacy and Cookies Policy (hereinafter the «Privacy policy»), which form an integral part of these Conditions.
1.5 You will be subject to the Conditions in force at the time of the Order, unless a modification of the Privacy policy must be made by law or at the request of a government authority (in which case it will apply also for Orders already sent to us).
1.6 If you do not agree with all the aforementioned Conditions and our Privacy policy, please do not use this Site.
1.7 For any request, clarification, or question relating to the Conditions and Privacy policy, you can contact us by email info@cherkaswatches.com.
COMPANY IDENTIFICATION
2.1 This Site, www.cherkaswatches.com, operated by CHERKAS, with the registered office at Boumpoulinas 1, BOUBOULINA BUILDING, Office 31, 1060, Nicosia, Cyprus. At any time, you can contact us at the following email address: info@cherkaswatches.com.
2.2 The purpose of the Site is to provide a convenient platform for you to read texts and view images, place Orders for the products available, and for contacting CHERKAS representatives.
INTELLECTUAL PROPERTY
3.1 The Site and its original content, characteristics, and functionalities are and remain the exclusive property of CHERKAS and/or its licensors. In particular, the trade name, logos, photographs, services, distinctive signs of products or services mentioned on the Site are the exclusive property of CHERKAS and/or its licensors, and may not be used without CHERKAS prior written authorization.
3.2 You acknowledge and agree that all copyrights, trademarks and any intellectual property rights on the materials or content presented as an integral part of the Site are our property, and those who have licensed us for their use. You may use such material only in the manner for which you receive express authorization from CHERKAS or from those who have granted us a license for their use. This will not prevent you from using this Site to the extent necessary to view our products and place an Order for the products themselves.
3.3 We reserve all of our rights and interests in relation to the Site, including all related intellectual property rights. No rights in relation to the Site are granted to you under these Conditions except as set out in clause 2.2.
3.4 Any unauthorized use of the materials on the Site is strictly prohibited.
THE WATCHES AND PRODUCTS
4.1 On the Site, CHERKAS publishes information about wristwatches, accessories and any other products (hereinafter the "Products"), and indicates their characteristics and prices. The information on the Site concerning the Products and their prices is subject to change without notice.
4.2 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device display of the colours accurately reflects the colour of the Products. The Products you ordered may vary slightly from those images.
4.3 We will take reasonable steps to pack the Products properly and to ensure that you receive Products in good condition.
4.4 We may change the Products to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products.
4.5 In addition, we may make the following changes to changes to the Products to deal with additional features which we introduce or as a result of any elements which might be unavailable from third-party providers or with any disruption to our supply chain. We will notify the Buyer of such changes if they occur after the Buyer has made an Order.
ORDERS AND PRE-ORDERS
5.1 You (hereinafter the «Buyer») can order the Products by placing an Order or Pre-order (if applicable). The information provided by the Buyer will be stored and processed exclusively for the proper completion of the Order or Pre-order, its invoice and delivery, and in any case, in accordance with our Privacy Policy.
5.2 Any Order or Pre-order placed by the Buyer constitutes a binding and definitive offer to conclude a Purchase Agreement with CHERKAS for the Products concerned.
5.3 In order to place an Order or Pre-order, the Buyer will be requested to provide his personal details. The Buyer shall provide his full name, phone number, email address and other requested information. Furthermore, when ordering Products, the Buyer shall provide payment details and represent and warrant that the payment details are both valid and correct. The Buyer must confirm that he is the person referred to in the billing information provided.
5.4 Upon the placement of any Order or Pre-order, the Buyer will receive a confirmation on his email. This does not constitute an acceptation of the Offer by CHERKAS.
5.5 When an item is not available, the Buyer can request to be placed on a waiting list. The information provided in this case will exclusively be used for the intended purpose, and in accordance with our Privacy Policy. The placement on the waiting list is non-binding and does not guarantee the ability to purchase the Products in the future.
5.6 CHERKAS reserves the right to refuse an Order at its sole discretion, without having to justify its decision.
5.7 CHERKAS may accept Pre-orders for its Products. Unless stated otherwise on the page of the relevant Product, the following terms shall apply to all Pre-orders:
5.7.1 The Buyer can secure the purchase of the Products under its Pre-Order by making a 100% prepayment, unless otherwise specified.
5.7.2 In some cases a deposit system may be applied to Pre-Orders - The Buyer pays deposit 50% (unless otherwise stated) when placing the Order. The remaining amount is paid shortly before the delivery of the Product. In this case, the Items will be delivered only after the full amount of the Order has been paid.
5.7.3 A month before the scheduled shipment of the Pre-ordered Products, CHERKAS shall contact the Buyer with further instructions regarding the payment of the balance of the Pre-order price. If the outstanding balance remains unpaid for more than 2 months from the date of payment request via e-mail, we reserve the right to cancel the Order and release the items to other customers. In this case that the Order is canceled by CHERKAS, the amount paid by the Buyer when placing the Order will be refunded to the Buyer to the account used for the original payment within a reasonable timeframe.
5.7.4 Due to the nature of this type of sale, where a limited number of wristwatches or other Products is made for Buyer who secure their wristwatches or other Products by the payment of a deposit or full prepayment, such deposits or prepayments are final and non-refundable (unless otherwise specified). The only exception to non-refundable deposits and prepayments is in the event we are unable to deliver or if production is indefinitely post poned or impossible for reasons beyond our control. If this happens, we will notify the Buyer and the Bayer may cancel the contract and be entitled to a refund of the amount paid by the Buyer when placing the Order for any Watches and PROducts not received.
5.7.5 Please note that CHERKAS provides estimates with regard to the dates of manufacturing, assembly and dispatch of Pre-order wristwatches and Products always in good faith and based on information available at the time.
5.8 Cancellations are not possible after a Products has shipped - however, some Products can be returned after delivery. For details refer to «Returns» below.
5.9 While we use best efforts to deliver Products on Order and Pre-Order in accordance with the timescales specified for each particular Products, please note that delays may occur due to circumstances beyond our control. Any such delay shall not constitute failure to deliver and any cancellation due to a delay shall be considered as initiated by the Buyer. CHERKAS undertakes to notify the Buyer of any delays and unforeseen circumstances that may affect the production and delivery times by e-mail.
5.10 We store records of all sales transactions for a minimum of the Product’s warranty period.
5.11 By placing Order or Pre-order, the Buyer accepts the above terms of sale.
WARRANTY
6.1 In addition to your consumer’s rights, our wristwatches (hereinafter the «Watches») have a manufacturer’s warranty against mechanical and manufacturing defects, for a period of 24 months from the time of receipt of the Watches by the Buyer (unless otherwise noted).
6.2 The warranty can be transferred once to a secondary owner of the Watch. The original owner (hereinafter the «Owner») must contact us at info@cherkswatches.com regarding the transfer of the Watch and advise us of the new owner’s details. Upon receiving such advice, the outstanding portion of the original 2 year warranty shall run for the new owner.
6.3 The warranty does not cover the following cases:
6.3.1 Damage, and malfunctions resulting from improper and careless use;
6.3.2 Accidents;
6.3.3 Loss or theft of the Watch or the Product.
6.4 Watches are not user serviceable. We cannot guarantee mechanical function or water resistance of the Watch if the Watch case has been opened or serviced by the Owner or a third party, and doing so will void all warranties.
6.5 The buyer should email us if you have any questions about the function or working of the Watch or other Products at info@cherkaswatches.com. We will help resolve the problem accordingly.
6.6 For a warranty claim, we reserve the right to replace the Watch or relevant components with something of equivalent, or greater retail value in the event parts are no longer available. If it is impossible to find a replacement, the Owner is entitled to a refund.
6.7 For warranty work, we will arrange for shipping at our cost.
6.8 If the Products are not faulty, we will return them to the Owner. In this situation, the Owner will need to accept our shipping costs before we ship the Products back to him.
6.9 Should the Owner request the Watch service or repairs outside warranty coverage, the work will be charged depending on scope. We will furnish a cost estimate for the repair after the Watch has been sent in for inspection and should the Owner not authorise us to undertake the repair work, the Watch will be shipped back at the Owner’s cost.
6.10 For out-of-warranty service, both legs of shipping are at the Owner’s cost.
6.11 We do not supply spare parts or components. We also do not return replaced parts or components after a repair and reserve the right to retain these parts or components for further analysis.
PRICES, TAXES AND DUTIES
7.1 The Buyer will be charged the price displayed on the Site at the time the Order is validated.
7.2 The prices on the Site are indicated in Euro (EUR) and exclude taxes, duties and levies, including VAT (unless otherwise stated).
7.3 CHERKAS reserves the right to modify its prices at any time and to cancel a Purchase Agreement that contains errors in wording or calculation.
7.4 Deliveries to countries other than the country of shipment may entail import duties, customs fees, and/or other duties, fees, taxes, and charges that are not included in any of the Prices indicated on the Site. (which may depend on many factors including, without limitation, the value, type of Products purchased, administrative costs and destination of the shipment) and which are not taken into account in any of the Prices indicated on the Site.
7.5 The Buyer is solely responsible for the payment of these duties, fees, taxes and charges. Any questions about such payments should be directed to the appropriate customs authorities in the country of delivery.
7.6 If customs clearance requires additional documents or information about Products purchased on the Site, please contact us at info@cherkaswatches.com and we will do our best to help.
PAYMENT
8.1 The Buyer can pay by credit card (Visa, Mastercard), by PayPal or by bank transfer. Other payment methods may be added at any time.
8.2 By clicking on the button with which the Buyer authorize the payment, the Buyer will confirm that the credit card is his property.
8.3 Credit cards will be subject to verification and authorization by the issuer. If the credit card issuer does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any Contract with the Buyer.
8.4 In the case that the Order is canceled by CHERKAS, the amount paid by the Buyer when placing the Order will be refunded to the Buyer to the account used for the original payment within a reasonable timeframe.
DELIVERY CUSTOMS AND IMPORT
9.1 The Products will be shipped within the timeframes that the Buyer is notified of and agree to in advance when confirming the Order or Pre-Order on the Site, by e-mail or by telephone, specifically if the wished Product is out of stock or is a Pre-Order.
9.2 Once the package has been shipped, the Buyer will receive an e-mail to confirm dispatch containing a tracking number to monitor the shipment.
9.3 The Products will be delivered to the shipping address stated by the Buyer as part of the Site checkout process or by email, and through a delivery service appointed by CHERKAS.
9.4 All Products will be shipped via DHL Express when available for Buyer’s delivery location, with insurance and tracking. From time to time, we may use other courier services such as Fedex, UPS etc.
9.5 Courier service representative will require a signature or authorisation from the Buyer upon delivery, at which point the responsibility for purchased Products passes to the Buyer.
9.6 The Buyer or their appointed representative’s signature on acceptance of the shipment is considered evidence of the date of delivery and fulfillment by CHERKAS. Under no circumstances may the Products be delivered to hotels or to a post office box.
9.7 Delivery times mentioned on the Site or by email is indicative, and may be subject to the time required for customs clearance and other reasons beyond our control. CHERKAS takes no responsibility for such delays.
9.8 The Buyer is solely responsible for any taxes, duties, and levies, and these are subject to local regulations(for more information, see the article «Prices Taxes and Fees»).
9.9 For the Watches and Products, shipments are always insured for the full retail value.
9.10 For service and repair the Watches, shipments are insured for the original retail price unless otherwise agreed in writing.
9.11 Shipping costs are free for the Buyer and will not be charged, unless otherwise specified.
RETURNS
10.1 The Buyer may decide to return the Products within 14 days of receipt of the Products.
10.2 Once the 14-day period has lapsed, the sale is considered final.
10.3 If the Buyer is not satisfied with his purchase, he should contact us at info@cherkaswatches.com for instructions for returns. Upon notification we will provide the Buyer with a return address, returns number and any documentation required for shipping the Products back to us. Products must be returned to us within 7 days of receiving these documents via e-mail.
10.4 When sending the Products, we recommend using a shipping method that can be tracked. Retain the proof of shipping for the package. If we don’t receive the Products we will not be able to process the exchange or refund.
10.5 Returned Products must be packaged carefully to avoid damage during transit.
10.6 Products may only be returned only in new, unused, undamaged, and unaltered condition, complete in original packaging.
10.7 Watches that are found damaged, incomplete, or dirty upon arrival will not be accepted and will not be refunded.
10.8 Straps are considered consumables and are not eligible for returns.
10.9 No refund or exchange is offered for customized Products.
10.10 Refunds will be provided when we have received and examined the Products to ensure they are not damaged. The Buyer will be notified when the Products have been received and of the outcome of the check of the Products. Refunds, where applicable, will be processed by us within 14 days from receipt of the Products - though clearance of funds is dependent on the recipient bank/card issuer and may take up to 30 working days.
10.11 Refunds will only be made in the same currency as the original transaction and we are not responsible for any difference in foreign exchange rates or charges imposed by the Buyer’s bank/card issuer.
10.12 The refunds will be made using the same payment method the Buyer used for the initial transaction or, if this is not possible, with an alternative method deemed more suitable.
10.13 We are not responsible for nor do we have control over the refund of any import taxes or duties paid. These are subject to local regulations and inquiries should be directed to the respective customs authority.
10.14 Should the item be ineligible for a return or we are unable to accept the return for any reason, we will contact the Buyer to have the item shipped back to the Buyer.
DATA PROTECTION
11.1. Any processing of your personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy and Cookies Policy.
11.2 You agree and understand that we may store, process, and use data collected from your Order for the purposes of processing your Order. We also collect your data via our enquiry and subscription forms. Please note that we may share your data within our company and to third parties for shipping your Products. Your data will not be made available to third parties for other reasons such as marketing.
11.3 We may communicate with you by email. You consent to receive such communications in electronic form.
11.4 As a general rule, it is expressly agreed between CHERKAS and the Buyer that emails and the automatic recording systems used on the Site are legally binding between the parties.
11.5 By placing an Order through this Site, you declare that you have the legal right to enter into binding contracts.
FORCE MAJEURE
12.1. In the event of force majeure circumstances, such as natural disasters, fires, strikes, terrorist acts, wars, civil unrest, epidemics, and other circumstances beyond reasonable control of CHERKAS, our company shall not be liable for non-performance or delayed performance of its obligations.
12.2. In the event of force majeure, CHERKAS will take all reasonable steps to minimize potential adverse consequences for the Buyer but reserves the right to notify of the suspension or cancellation of the performance of obligations during the existence of such circumstances.
12.3. CHERKAS also reserves the right to make changes to the Order or Purchase Agreement in the event of force majeure to ensure the best possible fulfillment of obligations.
CHERKAS TIME INSTRUMENTS reserves the right to modify the present Terms and Conditions at any time, by publishing a new version on its Site. By continuing to access or use our Site after such modification becomes effective, you agree to be bound by the revised terms. If you do not agree to such terms, please stop using our Site.
Last update: January 2024.
We also invite you to read our Privacy Policy.