1. Introduction

1.1. These Terms & Conditions ("Terms") govern your access to and use of the website www.tatewade.com (the "Website"), operated by Tate Wade LLC, a company registered in Switzerland, Biel/Bienne.

1.2. By accessing or using our Website, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. Please read them carefully. If you do not agree to these Terms, you may not use our Website.

1.3. Tate Wade may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.

1.4. General Information:
Company Name: Tate Wade LLC
Email: hello@tatewade.com
Location: Biel/Bienne, Switzerland

1.5. Marketplace Terms: The PhotoVerse
The sale of fine art photography items through the "The PhotoVerse" marketplace is governed by the dedicated "The PhotoVerse Terms of Service: Artist Collaboration". For all Buyers/Collectors purchasing Items through this marketplace: All sales are final, and our standard voluntary 15-day return policy (Section 7) does not apply. However, every customer retains the right to cancel their order free of charge and without a given reason within 48 hours of placing the order.

2. Purpose and Content of the Website

2.1. These Terms apply to all orders placed, purchases made, and services used through the Tate Wade LLC Website, covering both Tate Wade LLC proprietary products (e.g., watches) and the curated fine art photography items sold via The PhotoVerse marketplace. These Terms apply to both consumers and business customers.

3. User Content

3.1. Product Descriptions: We strive to provide accurate and detailed descriptions of all watches and related products on our Website, including materials, dimensions, and features. Images are for illustrative purposes and may not perfectly represent the actual product due to screen variations.

3.2. Pricing: All prices displayed on the Website are in CHF.

3.3. Additional Costs: Any additional costs such as shipping fees, customs duties, import taxes, or other charges will be clearly indicated during the checkout process before you finalize your purchase. We aim for full price transparency; no hidden fees will be added. Refer to Point 6.4. more further details.

3.4. Price Changes: Tate Wade LLC reserves the right to change prices at any time. The price applicable to your order will be the price displayed on the Website at the time you place your order.

3.5. Availability: Product availability is indicated on the Website. While we strive to ensure accurate stock levels, all offers are subject to availability. In the rare event that a product you ordered is unavailable after your order is placed, we will inform you promptly and offer a refund or an alternative.

4. Intellectual Property Rights

4.1. Order Process: Our Website provides a clear and user-friendly checkout process. You can place items in your shopping cart, review your selections, and correct any errors before submitting your binding order.

4.2. Binding Offer: The display of products on our Website constitutes a binding offer on our part.

4.3. Contract Conclusion: A contract between you and Tate Wade LLC is concluded when you click the "Order with obligation to pay" (or similar explicit wording) button and receive an automatic order confirmation email from us. This confirmation email acknowledges receipt of your order and does not guarantee immediate delivery, but confirms that your order has been received and the contract is formed, subject to delivery capability and correct pricing.

4.4. Confirmation: You will receive an electronic receipt without undue delay, outlining the item(s) sold and the exact amount transacted.

5. Payment Terms

5.1. Accepted Payment Methods: We accept various payment methods, including credit cards (Visa, Mastercard), and PayPal. The available payment options and any associated fees will be clearly displayed during the checkout process.

5.2. Payment Security: We utilize secure payment gateways and adhere to industry standards (e.g., PCI DSS) to protect your credit card and personal data. Your payment information is encrypted during transmission.

5.3. Retention of Title: Goods remain the property of Tate Wade LLC until full payment is received.

6. Delivery & Shipping

6.1. Delivery Area: We deliver worldwide, but reserve the right to exclude certain regions or countries. This will be communicated clearly on the Website or during the checkout process.

6.2. Delivery Times: We will provide estimated delivery times for your order. For deliveries to EU or United States consumers, unless otherwise agreed, delivery is a maximum of 30 days. We will endeavor to inform you of any significant delays.

6.3. Shipping Costs: Shipping costs are added to deliveries and will be clearly displayed during the ordering process.

6.4. Customs & Import Duties (for international orders): For deliveries outside Switzerland, additional costs such as customs duties, import VAT, and other fees may apply. These costs are the responsibility of the customer. Tate Wade offers for selected countries DDP delivery (Delivered Duty Paid), where DDP means Tate Wade LLC covers all import duties and taxes. If not DDP, you will be responsible for these charges upon receipt.

6.5. Damaged or Incomplete Deliveries: You must report any delivery damage, incorrect, or incomplete deliveries to Tate Wade LLC within fifteen (15) calendar days from the time of collection or delivery. Please do not put a damaged product into operation and keep it in its original packaging. Follow our instructions for returns under your personal customer account.

7. Disclaimer

7.1. Excluding items purchased via The PhotoVerse marketplace (see Section 1.5), Swiss law generally does not provide for a statutory right of withdrawal or return once an order has been placed for online purchases. However, Tate Wade LLC, committed to customer satisfaction, offers a voluntary 15 day right of return from the date of receipt, provided the product is unused, in its original packaging, and in saleable condition. Within the 15-day return window, specific return instructions will be emailed to you. Customers are responsible for shipping costs on all returns requested after this 15-day period.

• Return of Goods: You must return the goods without undue delay and in any event no later than 15 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 15 days has expired. You will bear the direct cost of returning the goods.
• Refund: We will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 15 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
• Condition of Goods: You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
• Exclusions: The right of withdrawal does not apply to personalized goods, sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, or sealed audio/video recordings or computer software where the seal has been broken after delivery.

8. Warranty
The commercial warranty covers all manufacturing defects appearing during normal use, as described in the following conditions.

8.1. For Swiss Customers: If a product presents a defect or does not offer the promised characteristics, the buyer has a two-year warranty period from the date of delivery to file a warranty claim. Swiss law generally provides for termination of the contract (Art. 208 CO) or a refund of the decrease in value (Art. 205 CO). We will endeavor to repair or replace the faulty product.

8.2. For EU Customers: As a consumer purchasing from within the EU, you benefit from a legal guarantee of conformity for a minimum of two years from the date of delivery. During this period, you may request repair or replacement of the faulty product. If repair or replacement is not possible or disproportionate, you may be entitled to a price reduction or refund.

8.3. For International Customers: As a consumer purchasing from outside the EU or Switzerland you benefit from a One year warranty from the date of delivery. During this period, you may request repair or replacement of the faulty product. If repair or replacement is not possible or disproportionate, you may be entitled to a price reduction or refund. The final decision on the remedy will be determined by our assessment of the fault and local legal requirements.

8.4. Warranty Claims: To make a warranty claim, please contact us with details of the defect and proof of purchase. We will provide instructions on how to proceed. The cost of shipping for a valid warranty claim will be borne by Tate Wade LLC.

Warning, the warranty is not applicable in the following cases:

• theft, loss.
• wear and tear and normal aging of the watch (scratched crystal, impacts on the case …)
• all kinds of damage on the whole watch (or a part) resulting from improper handling, misuse, lack of maintenance, negligence, accident (falling, scratching, crushing, cracked crystal, etc. …), of incorrect use or non-respect of the instruction manual provided by the Seller.
• all types of damages indirectly linked or following the normal use of the watch, such as non-functioning, defects or imprecisions of the Tate Wade watch

9. Data Protection & Privacy

9.1. Compliance: We are committed to protecting your personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

9.2. Privacy Policy: Our detailed Privacy Policy, explains how we collect, process, use, and protect your personal data, including your rights as a data subject. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

9.3. Cookies: Our Cookie Policy, available at Cookie Policy, explains the use of cookies and other tracking technologies on our Website. We will obtain your explicit consent for non-essential cookies where required by law.

10. Intellectual Property

All content on the Tate Wade LLC Website, including but not limited to text, graphics, logos, images, product designs, software, and the compilation thereof, is the property of Tate Wade LLC or its content suppliers and protected by Swiss and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

11. Limitation of Liability

Tate Wade LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or in connection with your use of, or inability to use, the Website or products purchased through it.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Website or products purchased shall not exceed the amount paid by you for the product(s) giving rise to the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Swiss or applicable EU law.

12. Miscellaneous

This section covers various important legal and operational aspects of the Tate Wade LLC Terms of Service. Here's a summary of the key elements:

12.1 . Limitation of Liability: Tate Wade LLC limits its liability for damages, especially indirect or consequential ones, to the amount you paid for the product(s) in question. However, this limitation doesn't apply to serious issues like death, personal injury due to negligence, or fraud, as these cannot be legally excluded under Swiss or applicable EU law.

12.2. User Conduct & Prohibited Uses: This outlines what users can't do on the website. Essentially, you must use the site lawfully and not engage in any activities that could harm Tate Wade LLC, other users, or the website's functionality. This includes using automated tools (like bots), introducing malware, or attempting unauthorized access.

12.3. Links to Third-Party Websites: Tate Wade LLC may include links to external websites for your convenience. However, they aren't responsible for the content or any issues you might encounter on those third-party sites, as they have no control over them.

12.4. Changes to the Terms of Service: Tate Wade LLC can update these Terms at any time without prior notice. The new terms become effective once they're posted on the website. Your continued use of the site means you accept these changes, so it's a good idea to review them regularly.

12.5. Severability: If any part of these Terms is found to be legally invalid or unenforceable, it doesn't invalidate the entire agreement. The rest of the Terms will remain in full effect.

12.6. Governing Law & Jurisdiction: This is a crucial element for a Swiss-based company. It clearly states that Swiss law will govern these Terms and any disputes that arise.

12.7. Entire Agreement: This clause confirms that these Terms, along with the Privacy Policy and Cookie Policy, form the complete and final agreement between you and Tate Wade LLC, superseding any previous understandings or agreements.