In short, we’re not that difficult when it comes to returns and exchanges. We firmly stand behind our products and do our utmost best to ensure you are completely satisfied with your purchase. You have the right to return your purchase within fourteen (14) days of receipt of the product and there’s no need to tell us why. During this period you may do with the product what is reasonably necessary to evaluate it.
R.1 – Exercising your right of return
To exercise the right of return, the consumer must inform zrhbrg of his decision by sending an email to contact@zrhbrg.ch within fourteen (14) days.
During the withdrawal period, the consumer shall handle and inspect the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, the characteristics and the functioning of the product. The consumer shall be liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.If the consumer exercises its right of withdrawal, the consumer will return the Product to zrhbrg at its own risk and expense, by following the instructions on the Return Merchandise Authorisation, without undue delay and in any event no later than 14 calendar days from the day on which the consumer communicated his decision to withdraw to zrhbrg. This deadline is met if the consumer sends back the product before the withdrawal period of 14 calendar days has expired. The consumer shall declare the returned Product as “Returns and Repairs of Swiss Merchandise” on the customs declaration.
R.2 – Reimbursement
The consumer shall return the product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.If the consumer timely exercises its right of withdrawal, zrhbrg will reimburse the relevant amount received from the Consumer as voucher for zrhbrg.ch, including the costs of delivery and excluding the return costs, without undue delay and in any event not later than 14 calendar days from the day on which zrhbrg is informed of the consumer’s decision to withdraw from the agreement. The return costs will be deducted from the consumer’s refund. In the event that the consumer wishes to exchange the product, no return and/or additional delivery costs will be charged. zrhbrg may withhold the reimbursement until zrhbrg has received the product back, or until the consumer has supplied adequate evidence of timely having sent back the product, whichever is earliest.
It is your responsibility to ensure that the parcel reaches us in good order. We do not accept any liability for products that are lost or damaged before they reach us. This right of withdrawal does not apply to custom made, customized, and personalized goods.
zrhbrg (“us”, “we”, or “our”) operates the https://zrhbrg.ch/ website (the “service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our service and the choices you have associated with that data.We use your data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://zrhbrg.ch/
Definitions
Service is the https://zrhbrg.ch/ website operated by zrhbrg
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information of collection and use We collect several different types of information for various purposes to provide and improve our Service to you.
Types of data collectedPersonal Data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:Email addressFirst name and last namePhone numberAddress, ZIP/Postal code, City, CountryCookies and Usage DataWe may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Usage Data We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Location Data We may use and store information about your location if you give us permission to do so. We use this data to provide features of our Service, to improve and customize our Service.You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.Examples of Cookies we use:Session Cookies. We use Session Cookies to operate our Service.Preference Cookies. We use Preference Cookies to remember your preferences and various settings.Security Cookies. We use Security Cookies for security purposes.
Use of Data zrhbrg uses the collected data for various purposes:To provide and maintain our ServiceTo notify you about changes to our ServiceTo allow you to participate in interactive features of our Service when you choose to do soTo provide customer supportTo gather analysis or valuable information so that we can improve our ServiceTo monitor the usage of our ServiceTo detect, prevent and address technical issuesTo provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Legal basis for processing Personal Data under general Data Protection Regulation (GDPR) If you are from the European Economic Area (EEA), zrhbrg legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.zrhbrg may process your Personal Data because:We need to perform a contract with youYou have given us permission to do soThe processing is in our legitimate interests and it’s not overridden by your rightsFor payment processing purposesTo comply with the law
Retention of Data zrhbrg will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.zrhbrg will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.zrhbrg will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of DataDisclosure for law enforcement Under certain circumstances, zrhbrg may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal requirements zrhbrg may disclose your Personal Data in the good faith belief that such action is necessary to:To comply with a legal obligationTo protect and defend the rights or property of zrhbrgTo prevent or investigate possible wrongdoing in connection with the ServiceTo protect the personal safety of users of the Service or the publicTo protect against legal liability.
Security of Data The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do not Track” signals We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Service Providers We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.F or more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
The Facebook Pixel is a web analytics service offered by Facebook that tracks and reports website traffic. Facebook uses the data collected to track and monitor the use of our Service. This data is shared with other Facebook services. Facebook may use the collected data to contextualize and personalize the ads of its own advertising network. We are using the maximum tracking mode offered by Facebook Pixel. For more information on the privacy practices of Facebook, please visit the Facebook Privacy & Terms web page.
Payments We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy.
Links to other sites Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact us If you have any questions about this Privacy Policy, please contact us:By email: contact@zrhbrg.ch
We care about your newly purchased watch as much as you do. Therefore, we do everything to make sure your watch reaches you in perfect working order wherever you are. Our swissmade packaging is are amply-sized and we take special care to protect fragile objects.Expected transit time:
Switzerland: 1-2 working days
Europe: 3-5 working days
Rest of the world: 5-14 working days
Shipping fees include handling and vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them.Special care is taken to protect the products we are shipping objects.
zrhbrg general terms and conditions for online purchasing on www.zrhbrg.ch
1. Company information
Company Name: zhbrg.
Address: Nordstrasse 9, CH-8006 Zurich
Telephone number: +41 78 727 77 72
Email Address: contact@zrhbrg.ch
2. Definitions
For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:“Business Day” means a calendar day, other than a Saturday, a Sunday or a Swiss public holiday, on which the companies in the Switzerland are open for normal business;“Consumer” means any natural person not acting in the course of a profession or business (consument) that enters into an agreement with zrhbrg via the zrhbrg Webshop;“Agreement” means any agreement with respect to orders placed for Products available on the zrhbrg Webshop concluded between zrhbrg and the Consumer via the zrhbrg Website“Durable medium” means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;“zrhbrg Webshop” means the online webshop of zrhbrg on the zrhbrg Website;“zrhbrg Website” means the website of zrhbrg on www.zrhbrg.ch;“General Terms and Conditions” means these General Terms and Conditions of zrhbrg;“Intellectual Property Rights” means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the zrhbrg Website;“Parties” means zrhbrg and the Consumer collectively;“Product” means all goods zrhbrg produces and/or sells under – inter alia – the (trade)name ‘zrhbrg’.
3. Applicability
3.1. These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the zrhbrg Webshop to which zrhbrg is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by zrhbrg and all acceptances, acknowledgements and confirmations by zrhbrg of any orders made by the Consumer.
3.2. By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
3.3. In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favourable to the Consumer.
3.4. These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the zrhbrg Webshop.
4. Offers and orders
4.1. The material on the zrhbrg Website is provided for general information only. Obvious errors or mistakes in the offer do not bind zrhbrg.
4.2. zrhbrg will indicate on the zrhbrg Website if an offer is of limited duration.
4.3. An offer is subject to availability. If a Product is out of stock, despite appearing on the zrhbrg Webshop, zrhbrg may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
5. The agreement
5.1. Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the zrhbrg Webshop. Promptly after receiving an order, zrhbrg will send an automated email confirming the receipt of the order.zrhbrg may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
5.2. zrhbrg reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:The Product is not available or the Product is out of stock;The order is flagged by zrhbrg’ security systems as an unusual order or an order susceptible to fraud;The Consumer’s billing information is not correct or not verifiable;zrhbrg has reason to believe the Consumer is a reseller;There was an error in the price displayed on the zrhbrg Website;zrhbrg cannot deliver to the shipping address provided by the Consumer.In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
6. Prices
All prices quoted on the zrhbrg Website are in CHF and include VAT.zrhbrg reserves the right to change the prices quoted on the zrhbrg Website without notice. zrhbrg will not be liable to the Consumer or any third party for price changes.Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Consumer’s expense. Such costs or expenses which have been paid by zrhbrg, shall be charged to the Consumer.
7. Right of withdrawal
7.1. If the watch is not working according to the description, the customer has the right to withdraw from the Agreement within 14 calendar days.
7.2. Sealed Products that were unsealed after delivery cannot be returned or exchanged.
7.3. To exercise the right of withdrawal, the Consumer must inform zrhbrg of his decision to withdraw from the Agreement by sending an email with an unequivocal written statement to contact@zrhbrg.ch within the withdrawal period.
7.4. During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.If the Consumer exercises its right of withdrawal, the Consumer will return the Product to zrhbrg at its own risk and expense, by following the instructions on the Return Merchandise Authorisation, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to zrhbrg. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired. If the Consumer is located outside the European Union, the Consumer shall declare the returned Product as “Returns and Repairs of SwissMerchandise” on the customs declaration.
7.5. The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.If the Consumer timely exercises its right of withdrawal, zrhbrg will reimburse the relevant amount received from the Consumer as voucher for zrhbrg.ch, including the costs of delivery and excluding the return costs, without undue delay and in any event not later than 14 calendar days from the day on which zrhbrg is informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted from the Consumer’s refund. In the event that the Consumer wishes to exchange the Product, no return and/or additional delivery costs will be charged. zrhbrg may withhold the reimbursement until zrhbrg has received the Product back, or until the Consumer has supplied adequate evidence of timely having sent back the Product, whichever is earliest.
8. Payment by the Consumer
8.1. Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to zrhbrg will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
8.2. zrhbrg does not accept any other method of payment than the payment methods indicated on the zrhbrg Website. zrhbrg may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.
8.3. The Consumer has the duty to inform zrhbrg of any inaccuracies in payment data provided or stated.
9. Shipping and delivery
9.1. The ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped to the Consumer within 1-3 Business Days after the last order.
9.2. The shipping and delivery terms indicated in these General Terms and Conditions, on the zrhbrg Website or otherwise communicated by zrhbrg Store are indicative and not guaranteed. If zrhbrg is unable to meet the (estimated) shipping date, zrhbrg will notify the Consumer accordingly. zrhbrg shall not be liable for any damages and costs arising out or in connection with delayed delivery.
9.4. zrhbrg ships to shipping addresses in the countries indicated on the zrhbrg Website. zrhbrg will deliver the Product at the shipping address specified in the order of the Consumer.
9.5. If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.
9.6. zrhbrg is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by zrhbrg provide a tracking number.
9.7. zrhbrg retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of zrhbrg vis-à-vis the Consumer are paid in full. The Consumer shall in no event have a right of retention with regard to the Product. zrhbrg is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if zrhbrg infers from the Consumer’s behaviour or communication that the Consumer will fail to fulfil any of its obligations under the Agreement.
9.8. All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to zrhbrg.
10. Complaints
10.1. zrhbrg wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods. The Consumer is obliged to closely examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
10.2. The Consumer shall inform zrhbrg of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: contact@zrhbrg.ch. The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than two (2) weeks after the discovery of the defects.
10.3. Complaints submitted to zrhbrg will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give zrhbrg all such assistance as zrhbrg may require for the purpose of examining the complaint. zrhbrg is only obliged to take complaints into consideration, if zrhbrg is given the opportunity to verify the complaint.
10.4. In the event of a timely, correct and justified complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.
10.5. The Consumer shall return the defective or non-conforming Product in its entirety to zrhbrg. The defective or non-conforming Product shall become zrhbrg property as soon as it has been replaced or credited.
10.6. A complaint that does not meet the requirements set out in this clause 10, shall not be taken into consideration by zrhbrg, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
11. Liability
11.1. zrhbrg shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by zrhbrg or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of zrhbrg.
11.2. Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of zrhbrg to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by zrhbrg or its managerial staff).
12. Intellectual property rights
12.1. All Intellectual Property Rights shall remain the exclusive property of zrhbrg or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
12.2. The Consumer shall not copy any Products or (any part of) the zrhbrg Website, nor (otherwise) use any Intellectual Property Rights, without zrhbrg’ prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
12.3. Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
13. Privacy
zrhbrg will process personal details of the Consumer in accordance with the privacy statement published on the zrhbrg Website.
14. Availability of the zrhbrg webshop
zrhbrg does not guarantee that the zrhbrg Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the zrhbrg Website is permitted on a temporary basis. zrhbrg reserves the right to suspend, withdraw, discontinue or alter all or any part of the zrhbrg Website at any time as it sees fit without notice. zrhbrg shall not be liable for any reason due to which the zrhbrg Website is unavailable at any time or for any period.
15. Miscellaneous
15.1. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
15.2. zrhbrg reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, zrhbrg will give a notice of this by stating on the zrhbrg Website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.zrhbrg may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer’s rights and obligations.The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from zrhbrg.
16. Governing law and jurisdiction
16.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of the Switzerland.