CONDITION OF SALES

IWC SCHAFFHAUSEN CUSTOMER CONTACT CENTER

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1. GENERAL

The following terms and conditions and any other related rules made that are adopted by IWC Schaffhausen and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all IWC Schaffhausen products that you (the “Customer” or “you”) may order from IWC North America, a corporation organized and existing under the laws of Delaware and having its corporate headquarters at 645 Fifth Avenue, 5th Floor, New York, NY 10022, USA (“IWC” or referred to herein as “us”, “our” or “we”) by phone (1-800 432 9330) via the customer contact center of IWC (the “Customer Contact Center”).

These Conditions of Sale apply only to telephone sales made through the Customer Contact Center. IWC may modify the Conditions of Sale from time to time, at its sole discretion. However, the Conditions of Sale applicable to any order placed through the Customer Contact Center are those in force at the time the order is placed on your behalf by an IWC ambassador at the Customer Contact Center. If you refuse to accept these Conditions of Sale, you will not be able to order any IWC products from the Customer Contact Center. Sales concluded through IWC retail boutiques are not subject to these Conditions of Sale.

Please read the Conditions of Sale and check our website at the following address http://www.iwc.com (the “Website”) on a regular basis to be informed of any changes. Persons wishing to use the Customer Contact Center will also be deemed, by virtue of such use, to have agreed to be bound by our Privacy Policy, which is incorporated in these Conditions of Sale by reference. Customers using the Customer Contact Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.

2. PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Customer Contact Center. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.

By placing an order through the Customer Contact Center, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute IWC products or purchase IWC products for commercial purposes or any other commercial benefit. If IWC believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that the Customer is engaging in fraudulent or grey-market activities, then IWC may refuse such order.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through the Customer Contact Center are subject to availability and acceptance by IWC.

IWC reserves the right to change the assortment of items proposed on the Website or through the Customer Contact Center and may limit from time to time the quantity of IWC products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) products in any buying session through the Customer Contact Center.

The Customer Contact Center can provide you with information regarding products that are currently available for sale through that channel. You may also call the Customer Contact Center (1-800 432 9330) and an IWC ambassador will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION

In order to place an order through the Customer Contact Center, you or the IWC ambassador (on your behalf) will be required to register and create your account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

Upon completion of your account registration on the Website or by the IWC ambassador, you receive an e-mail summarizing the personal information you provided in registering for your account.

We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website.

Please refer to our Privacy Policy and clause 8 of these Conditions of Sale for more details about how we may use your personal information.

Should any of the information you provide to the Customer Contact Center or on the Website change, please log in to your account and update such information directly on the Website, inform the Customer Contact Center or notify IWC at the following e-mail address: concierge-usa@iwc.com or as set out in our Privacy Policy. Moreover, in the event that IWC reasonably suspects that a third party has breached a customer’s registration, password and/or account login, IWC shall immediately cancel and terminate such account, and notify you by e-mail or telephone.

5. ORDERS

When ordering by telephone through the Customer Contact Center, an IWC ambassador will assist you with the order process. Orders by phone shall be placed through the Customer Contact Center (1-800 432 9330).

When placing an order through the Customer Contact Center, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to IWC is true and correct to the best of your knowledge. IWC or its third-party providers may collect additional information at this time for security and antifraud purposes.

Notwithstanding anything to the contrary provided for herein, IWC reserves the right to refuse, cancel and terminate orders at any moment in time. For example, IWC may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if IWC suspects, in its sole discretion, that you have engaged in fraudulent or grey-market activities or have otherwise violated these Conditions of Sale.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Website or quoted by the Customer Contact Center are in US dollars.

IWC reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs quoted by the Customer Contact Center, at the time IWC provides you with a Confirmation of Order, will be honored by IWC.

Actual shipping costs and applicable taxes will be quoted by the Customer Contact Center and reflected in the Confirmation of Order and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.

The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. REVIEW AND CONFIRMATION

You should carefully check all details before placing your order through the Customer Contact Center, including without limitation the particulars of each sale, which will be provided by the IWC ambassador.

8. PAYMENT BY CREDIT CARD

IWC accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner’s Club and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.

When ordering by telephone, you will need to communicate to the Customer Contact Center your credit/debit card number and your three- or four-digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes. Any telephone conversation recorded by our Customer Contact Center that contains your credit card information will be fully encrypted and only used to process card transactions.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to IWC, you will need to contact your card issuer directly to solve this problem, and IWC will not be liable for any delay or non-delivery.

In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to IWC, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase IWC products on the Website or through the Customer Contact Center, you expressly authorize IWC to perform such credit card pre-authorization and, where IWC deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

IWC takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. IWC uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our “Privacy Policy(http://www.iwc.com/privacy/)”.

In order to secure your transaction and prevent fraud, IWC will perform a credit card and antifraud check. By placing your order, you will be deemed to have authorized IWC to perform such checks and, where IWC deems necessary, from time to time to transmit or obtain information that you have provided to IWC about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

9. ACKNOWLEDGMENT OF ORDER

Once you have made your choice and your order has been placed through the Customer Contact Center, you will receive an Acknowledgment of Order by fax or e-mail acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by IWC. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, IWC will conduct its usual security and antifraud checks and then process your order.

When ordering by telephone through the Customer Contact Center, you will also receive by fax or e-mail these Conditions of Sale along with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.

10. CONFIRMATION OF ORDER

Upon shipment of your order, following completion by IWC of its antifraud and security checks, IWC will send you by e-mail or by fax a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by IWC and indicates the existence of a binding sales contract.

11. COMPLIMENTARY SERVICES

The following complimentary services will be proposed, free of charge, by the Customer Contact Center:

11.1. Gift Wrap, IWC Bag and IWC Box

All orders will be shipped with the watch box gift wrapped. An IWC shopping bag will be made available upon request.

11.2. Engravings

Engraving is available on specific watches.
If you wish to have your IWC watch engraved, please provide the details to the IWC ambassador.
Personalized IWC watches cannot be returned to IWC for exchange or refund.

11.3. Strap Exchange

An IWC watch strap is delivered in a standard size. The strap size can be delivered smaller or larger, upon request, by calling the Customer Contact Center.

11.4. Gift Note

You may personalize your order by adding a personalized note that will be printed by IWC on a gift card to be included in your order package. If you have ordered several products, additional blank note cards and envelopes will be provided in the package that contains your order.

12. SHIPPING POLICY

We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that IWC does not ship to PO boxes, APO/FPO addresses or hotels.

Delivery costs will be assessed by IWC, and will be added to the price of the IWC products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail or by fax.

We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:


       
Type of delivery
Provider
Estimated Delivery Lead Time
Charge to Customer
Standard:FedEx5-7 Daysno charge for shipping
Express:FedEx. Not available for products
shipped to Alaska or Hawaii
2 Business Days
(subject to stock availability)
no charge for shipping
Overnight:If you wish to have your order delivered in less than 2 Business Days, please check feasibility with your IWC ambassador for special arrangements.

  • Saturday will not be considered as a regular Business Day with respect to estimated delivery lead time.
  • Delivery on Saturday may however be proposed as a service to specific zip codes by the Customer Contact Center.
  • Please contact the Customer Contact Center (1-800 432 9330) for more information.

Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the Customer Contact Center will contact you to propose other arrangements and refund charges associated with your express delivery.

Each delivery package will contain, in addition to your purchased IWC product: (i) all related accessories, if any, (ii) a thank-you card; (iii) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (iv) these Conditions of Sale; (v) a printed gift note containing your message, if so requested by you when you place your order, and one additional blank note per additional product; (vi) the return form and prepaid return label, and (vii) the packing slip without price.

When ordering products through the Customer Contact Center, you, as the Customer, will have the option to choose whether you wish to receive an invoice at your billing address by regular mail. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Customer Contact Center (1-800 432 9330). Please note that IWC may request that you provide proper identification as a condition to complying with such request.

IWC insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each IWC product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sales contract by IWC and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

13. RETURN POLICY

In order to ensure your total satisfaction, a Customer or a recipient of a gift of IWC products (a “Gift Recipient”) may return IWC products in accordance with the return and exchange policy set forth below. Returns of IWC products that are not in compliance with the conditions and time frames set forth below may be rejected by IWC and will be sent back to the Customer or Gift Recipient, as the case may be.

13.1. Return Period

IWC allows the Customer or Gift Recipient to return IWC products purchased through the Customer Contact Center within thirty (30) days following receipt, but subject to the further terms and conditions set forth below.

13.2. Return Process

Products that have been purchased through the Customer Contact Center may be returned to the IWC Customer Contact Center, at the following address: RNA Logistics, Attention: E-Commerce Returns, 2710 Regency Drive, Suite 500, Grand Prairie, TX 75050; or in an IWC retail boutique within the United States of America.

Products that have not been purchased on the Website or through the Customer Contact Center may NOT be returned to the IWC Customer Contact Center.

If a Customer or Gift Recipient wishes to return a product to the IWC Customer Contact Center, then such person must comply with the following steps:
i) Contact the Customer Contact Center at 1-800 432 9330 to request a Return Authorization Number (RAN). This number is required prior to returning any product to IWC,
ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it,
iii) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package,
iv) Seal the delivery package and affix the prepaid delivery label to it,
v) Take the package to any FedEx location or call FedEx to arrange a pickup.

Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, IWC and Customer or Gift Recipient, as the case may be, agree that IWC maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. IWC is under no obligation to do so but will take this initiative for the Customer’s or Gift Recipient’s convenience.

The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and IWC accepts no liability in the event that such proof cannot be produced. Only merchandise received by the IWC Customer Contact Center will be eligible for a refund.

Upon receiving a return, IWC will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

13.3. Conditions to Return a Product

IWC products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. IWC will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

Personalized IWC products cannot be returned to IWC for exchange or refund.
Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.

All returns will be subject to strict Quality Control (QC) by IWC to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, IWC will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), IWC will proceed with the applicable refund or exchange.

13.4. Refunds and Merchandise Credit

Should a product be returned to the IWC Customer Contact Center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund. A Gift Recipient may, however, be entitled to boutique merchandise credit as provided below.

Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the IWC Customer Contact Center, then if a Customer’s return complies with the return policy, IWC will use reasonable efforts to credit the refund to the Customer’s credit card no later than fourteen (14) days after receipt of the returned item by the IWC Customer Contact Center.

The Customer or the Gift Recipient may return a product to an IWC retail boutique, the individual making the return being entitled to receive boutique merchandise credit only. No cash or credit card refunds will be issued in respect of a return to an IWC retail boutique. Boutique merchandise credits can only be applied to products purchased in an IWC retail boutique and cannot be applied to products purchased through the Customer Contact Center.

13.5. Exchanges

Customers and Gift Recipients may be permitted to exchange a product purchased through the Customer Contact Center for another IWC product if the product to be exchanged satisfies the conditions of the return policy.

IWC will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below.

Should a product be returned for exchange to the IWC Customer Contact Center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is more expensive than the desired IWC product. A Gift Recipient that wishes to exchange an IWC product can do so either via the IWC Customer Contact Center or by visiting an IWC retail boutique. A Gift Recipient who instead chooses to proceed through the IWC Customer Contact Center should follow the procedures set forth in the abovementioned return process.

Should a product be returned for exchange to an IWC retail boutique, either the Customer or Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the original product is more expensive than the item to be received in the exchange. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.

13.6. Defective Products

IWC is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

If nevertheless you receive a product which seems to be damaged, you may return it to IWC in accordance with the return policy. Upon receipt, IWC may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.

If your product is declared as defective by IWC, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
i) IWC may send you the same product in the exact same size, subject to availability,
ii) IWC may propose an exchange for another IWC creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
iii) Only you, as the Customer, may request a refund of the full price of your initial purchase.

14. REPAIRS

For any repair inquiries, please contact our Customer Contact Center by e-mailing concierge-usa@iwc.com or by calling 1-800 432 9330.

15. GIFTS

If you purchase an IWC product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, IWC will send such invoice to your billing address by regular mail (IWC will never send the invoice and payment details to the Gift Recipient).

16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

WHILE IWC ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG, OR BY THE CUSTOMER CONTACT CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION. IWC DOES NOT CONFIRM THE PRICE OF AN IWC PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY IWC, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF AN IWC PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN IWC WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION.

WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE IWC PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, IWC DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

17. ENTIRE AGREEMENT

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and IWC regarding your purchase of IWC products through the Customer Contact Center, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and IWC in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

18. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

19. GOVERNING LAW; ARBITRATION OF CLAIMS

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any IWC product purchased through the Customer Contact Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Last revised: May 9, 2012