Sale Conditions
E-COMMERCE TERMS AND CONDITIONS
1. Introduction
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BLANCPAIN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1.1. Please read these terms carefully before using this Website. Using this Website indicates that you accept and agree to these e-commerce terms and conditions (“Terms”). If you do not accept these Terms, do not use this Website. This Website is operated by The Swatch Group (U.S.) Inc. – Blancpain Division, a Delaware Corporation, with offices located at 703 Waterford Way, Suite 450, Miami FL 33126 USA ("BLANCPAIN", “we” or “us”).
1.2. BLANCPAIN may at any time revise these Terms without prior written notice at any time, in our sole discretion by updating this page. Your continued used of this Website following any revisions will be considered as consent to those revisions. You are bound by any such revisions and should therefore periodically visit this page to review the current terms to which you are bound.
1.3. By accessing this Website, you also agree to be bound by our Privacy Policy, Website Terms of Use and any additional terms and conditions.
2. Purchases
2.1. Some products on this Website may be available for purchase. By purchasing products or services made available through this Website, you represent that you have reached the age of majority (which in most jurisdictions is 18 years old) and have the legal capacity to enter into a contract and that you agree to these Terms and any additional terms presented to you at the time of purchase. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and any additional terms, and register or place an order on your behalf.
2.2. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. Prior to our acceptance of an order, verification of information may be required.
2.3. We use a third party payment processor to process credit card transactions made through this Website. If you purchase products or services or make any payments via this Website with your credit card, the credit card information that you submit will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission. Transactions with such third party processor are governed by that third-party’s separate terms of use.
2.4. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
2.5. You may cancel your purchase, return the purchased items and claim a refund in accordance with the Return Policy.
2.6. We only currently ship from this Website to locations within the United States of America (excluding U.S. territories). All prices displayed on this Website are quoted in U.S. Dollar (USD). All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.
2.7. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2.8. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without notice. Products displayed on this Website are available while supplies last. Descriptions of, or references to, products or services on this Website do not constitute a warranty. For watch warranty information please click here.
2.9. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
2.10. The risk of loss and title for all products purchased by you and shipped by us pass to you upon delivery from the carrier for shipment to the delivery address. We are not liable for any delays in shipments.
Pre-order
2.12.BLANCPAIN may offer the possibility to pre-order products before their commercial launch and distribution on the market (“BLANCPAIN Pre-order Product”). Pre-ordering means that you reserve a BLANCPAIN Pre-Order Product and pay a deposit or the full price of the BLANCPAIN Pre-Order Product that will be available at a future date in order to secure priority access to the BLANCPAIN Pre-Order Product as soon as it becomes available. Release dates are subject to change.
2.13. This option is limited to specific BLANCPAIN products only. When available, the Pre-order option is expressly mentioned on the webpage of each relevant BLANCPAIN product.
2.14. Pre-orders are subject to these Terms and the following specific clauses:
1. We may at our sole discretion decide for which BLANCPAIN product the Pre-order option may apply.
2. The BLANCPAIN Pre-order Products are only available in limited quantities or available during a limited time. You acknowledge that we may not be able to fulfil your Pre-order due to limited quantities or the limited offer in time.
3. Pre-order is limited to one (1) BLANCPAIN Pre-order Product per Pre-order, and shall be separate from any other product purchase.
4. Your Pre-order constitutes an offer to purchase under these Terms.
5. In order to submit your Pre-order, the deposit (Including taxes, and shipping costs if any) or the full price (including taxes, and shipping cost if any) indicated on the checkout webpage must be paid immediately.
6. You will receive from us an automated acknowledgement of receipt of your online Pre-order.
7. We will confirm acceptance of your offer to purchase in a separate communication, by sending you a Pre-order acceptance confirmation by email and this will constitute a binding contract between you and us.
8. In this email confirming acceptance of your offer we will inform you about the following:
a. The expected date when the BLANCPAIN Pre-order Product is available for shipping;
b. The fix deadline within which you have to pay the open balance of the BLANCPAIN Pre-order Product price, if any;
c. The instructions on how to pay any remaining amount due. Payment shall be made through your BLANCPAIN account, through a link to an online secured payment platform that we may provide you with.
9. The payment of a deposit or the full upfront payment does not entitle you to any sort of discount or interest.
10. In case of payment of a deposit, you have the possibility to cancel your Pre-order by email within the payment deadline indicated to you. The failure to pay in time the open balance of the BLANCPAIN Pre-order Product price will automatically lead to the cancellation of your Pre-order.
11. In case of payment of the full price paid upfront, you have the possibility to cancel your Pre-order by email before the expected shipment date of the BLANCPAIN Pre-order Product as indicated to you. After the shipment of the product, the Pre-order cannot be cancelled. This does not affect you right of withdrawal/ right to cancel under our return policy.
12. The BLANCPAIN Pre-order Product will only be shipped after the full payment is received.
13. If, for whatever reason, the BLANCPAIN Pre-order Product you have pre-ordered is not available, BLANCPAIN will inform you immediately by email about the cancellation of your order.
14. In case of cancellation by either party in accordance to these Terms, the amount paid will be refunded to you, excluding any interest to the extent permitted by law.
In case of cancellation of your Pre-order by BLANCPAIN in accordance to these Terms, and to the extent permitted by law, you will not be entitled to any compensation or remedies, except to the refund of Pre-order deposit.
3. Disclaimer
3.1. BLANCPAIN PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). WE MAKE NO PROMISES THAT:
3.1.1. THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME;
3.1.2. THIS WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS;
3.1.3. THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, ADEQUATE OR UP-TO-DATE;
3.1.4. THIS WEBSITE OR THE INFORMATION TRANSMITTED TO AND FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR
3.1.5. THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
3.2. BLANCPAIN assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on, the Website, any related webpages, sub sites or your downloading of any materials, data, text, images, video, or audio content from this Website.
3.3. BLANCPAIN reserves the right to interrupt or discontinue any or all of the functionalities of this Website at any time. BLANCPAIN accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this Website, irrespective of whether this is the result of actions or omissions of BLANCPAIN or one of its affiliates or of a third party.
3.4. You assume full responsibility and risk of loss resulting from your use and access of this Website.
4. Materials and information
4.1. The materials on this Website, including any information, may contain technical inaccuracies or typographical errors. BLANCPAIN reserves the right to make changes, corrections and/or improvements to such materials (including information), and to the products and programs described in such information, at any time without notice.
5. Visitor material and conduct
5.1. This Website is not for children, by using this Website you certify that you are 13 years of age or older.
5.2. You are solely responsible for the content you post on this Website. We reserve the right to remove any posts at our sole discretion.
5.3. You may have the ability to create an account or submit and register your personal information on this Website. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration or log-in form, and you are responsible for keeping such information up-to-date. The information you submit must describe you (you may not impersonate another person or entity) and you may not sell, share or otherwise transfer your account information. We will not be responsible for any liabilities, losses or damages arising out of unauthorized use of your account. All personal information shall be processed according to our Privacy Policy.
6. Service access
While BLANCPAIN endeavors to make this website available 24 hours a day, it shall not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily or permanently and without notice.
We have the right to deny access, suspend or terminate your access to this Website and to remove any content or materials you have submitted for any reason and at any time. In the event that we suspend or terminate your access to this Website, you will continue to be bound by these Terms that were in effect as of the date of your suspension or termination.
7. Liability and Indemnification
7.1. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
7.2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
7.3. IN NO EVENT WILL BLANCPAIN OR ITS AFFILIATES, ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
7.4. If your use of material on this Website results in the need for servicing, repair or correction of any equipment, software or data, you assume all costs thereof.
7.5. You agree to indemnify, defend and hold BLANCPAIN and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including attorneys' fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms, or applicable law, by you or by someone accessing the Website via your account. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of this Website.
7.6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), health crises, epidemics and pandemics (whether declared as such or not) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Miscellaneous, Governing law and Jurisdiction
8.1. You agree that all matters relating to your use or access to this Website shall be governed by and construed in accordance with the laws of the State of Florida without regard to any conflict of law rules. You agree to the personal jurisdiction and venue in the federal and state courts of Miami-Dade County, Florida and waive any objection to such jurisdiction or venue.
8.2. YOU ARE AGREEING TO WAIVE IRREVOCABLY AND UNCONDITIONALLY ANY RIGHTS TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
8.3. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
8.4. We control and operate this Website in the United States of America and if you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent that local laws are applicable.
8.5. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
8.6. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Accordingly, these Terms may only be invoked or enforced by you or us.
8.7. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
8.8. Entire Agreement. Our order confirmation, the Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.