CONDITIONS OF SALE

CONDITIONS OF SALE

IWC SCHAFFHAUSEN

SWISS E-BOUTIQUE & CLIENT RELATIONS CENTER

Last updated: April, 2017

These Conditions of Sale apply to any sales of IWC Schaffhausen products or services that you may order from Richemont Suisse S.A., using the website www.iwc.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone via our client relations center (the “Client Relations Center”).

 

Richemont Suisse S.A. has its registered offices at 9, route des Biches, 1752 Villars-sur-Glâne, Switzerland (IWC Schaffhausen and "we", "us" and "our"). Our VAT number is CHE-102.738.465.

 

Richemont Suisse S.A. is an affiliate of IWC Schaffhausen, Branch of Richemont International S.A. which owns and edits the Platforms pursuant to the Terms of Use, and which is responsible for our information collection practices pursuant to the terms of the Privacy Policy. By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Sale.

 

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale. 

We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries);  (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to (as specified by the Sales Channels), may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

 

By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.

All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. The Client Relations Center can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.

 

Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. 

To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).

Personalization services (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.

 

We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.

 

In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund, as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section below for further information).

The order process of the Platforms will include the following:

 

  • Add to Shopping Bag: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.

  • Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process. 

  • Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order. 

  • Placing of Order: You then check the relevant box and place your order.

 

In the case of an order being placed through the Client Relations Center, the IWC Schaffhausen ambassador will walk you through the steps above and verbally ask you to confirm the details of your order.

 

We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.  

All prices shown on the product pages of the Platforms or quoted by the Client Relations Center are in Swiss Francs (CHF) and include the applicable VAT, but exclude shipping costs and other taxes unless otherwise stated.

 

Shipping costs, if any, are described in the Shipping Policy below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.

 

We may offer a VAT refund mechanism if you decide to have the products delivered in Switzerland and, no longer than thirty (30) days afterwards, export them outside Switzerland upon certain conditions. For details, please refer to our FAQs section or contact our Client Relations Center.

 

We reserve the right to modify prices and delivery costs at any time without prior notice.

 

We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Client Relations Center. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.

 

Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order. 

We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.

 

When ordering on the Platforms, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Client Relations Center your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem 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 payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.

 

The full amount of your purchase will typically be blocked on your payment card until your order is shipped, at which point you will be sent a Confirmation of Order & Shipment and your payment card will be charged the applicable purchase price.

 

Where we offer PayPal as a payment method, the full amount of your purchase may be debited on your payment card immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.

 

We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Client Relations Centre, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.

Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Customer Relations Centre promptly. 

 

These Conditions of Sale will be provided to you when we acknowledge your order.

We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points (such as but not limited to PickPost, MyPost24 etc…) or PO boxes. For further information, please refer to our FAQs section or contact the Client Relations Center.

 

Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the Client Relations Center for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.

 

If you order several products, we will ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you). 

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract. 

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications. 

 

When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels. Any such specific delivery date remains subject to our confirmation.

 

If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Relations Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received. 

 

In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

 

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.

 

We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and 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 a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by IWC Schaffhausen and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver the products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please refer to our FAQs section or call the Client Relations Center for more information.

When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise). 

(a)   Right to cancel

You have the right to cancel the contract created by our written order confirmation without giving any reason thirty (30) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.   

 

To cancel the contract and return your product(s), you can contact our Client Relation Centre and follow the instructions that will be given to you, or send us in writing an unequivocal statement such as a letter or e-mail to: IWC Schaffhausen, Client Relations Centre, [INSERT E-MAIL ADDRESS], or [INSERT E-MAIL ADDRESS]. Alternatively, you may cancel using the Model Cancellation Form, but it is not obligatory.

 

(b)   Return Process

Products that have been purchased through the Sales Channels may only be returned to our IWC Schaffhausen e-boutique distribution center at the address of our Returns Department, as provided in our FAQs section, or to selected IWC Schaffhausen retail boutiques, in accordance with these Conditions of Sale.

 

Products that have not been purchased through the Sales Channels may NOT be returned to our IWC Schaffhausen e-boutique distribution center.

 

To return a product to our e-boutique distribution center, you must follow the steps mentioned below: 

 

  • (i) Call the Client Relations Center

  • (ii) You may either choose (a) our pick up service and agree on a pick-up date with our logistics partner or (b) a parcel drop off at any Swiss Post Office within the return period. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;

  • (iii) In the event you choose parcel drop off at the Swiss Post Office, the Client Relations Center will send you a prepaid return label by e-mail; if you choose our return pick up service, our logistic provider will bring the prepaid return label at the time of pick-up.

  • (iv) You must include in the delivery package, the product, along with all its accessories, any free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original box;

  • (v) Please seal the delivery package, if applicable, print the prepaid return label and affix it to the parcel; and, depending on the option you chose according to lit (ii) above:

  • (vi) On the agreed date, our logistics partner will pick-up the sealed delivery package and give you a return tracking number which you should keep until the order refund confirmation is received or you may drop off the parcel at any Swiss Post Office within the return period, in which case you will be given a receipt with return tracking number which should be kept until order refund confirmation is received.

 

You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our IWC Schaffhausen e-boutique distribution center will be eligible for a refund or exchange.

 

You may be able to return the product to an IWC Schaffhausen retail boutique in the country where your product was delivered. Please call the Client Relations Center for further details. You may be asked to provide information about the products for us to make a first assessment of the condition of these products.

 

(c)   Condition of Returned Products

We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.

 

Our 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 (if applicable), as well as with the original IWC Schaffhausen box and delivery package, including all accessories and documents. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

 

If you have received free items as part of your order, they must be returned with the products.

 

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

 

Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.

 

(d)   Products you cannot return or exchange

Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved.

 

(e)   Refunds

You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.

 

Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact the Client Relations Center to discuss your options.

 

If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within fourteen (14) days after receipt of the returned item by the IWC Schaffhausen e-boutique distribution center. Except for delivery of a defective product by us, initial shipping charges will not be refunded.

 

If you are returning a product purchased via the Sales Channels to a participating IWC Schaffhausen retail boutique (please contact the Client Relations Centre to find out about our participating retail boutiques), you will only be entitled to receive boutique merchandise credit. No cash or card refunds will be issued in respect of a return to a participating retail boutique. Boutique merchandise credits can only be applied to products purchased in a participating retail boutique and cannot be applied to products purchased through the Sales Channels. Please contact the Client Relations Center for further details.

 

(f)    Exchanges

You may return a product purchased through the Sales Channels for exchange with another IWC Schaffhausen product, provided that the return complies with these Conditions of Sale in particular with (a) Right to Cancel and (b) Return Process above.

 

In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.

 

Should a product be returned to the IWC Schaffhausen e-boutique distribution center for exchange with a less expensive product, only the buyer of the returned product will be entitled to receive a refund of the price difference.

 

Should a product be returned for exchange to a participating IWC Schaffhausen retail boutique for exchange (please contact the Client Relations Centre to find out about our participating retail boutiques) with a less expensive product, the individual making the return will only be entitled to receive a merchandise credit of the price difference. Boutique merchandise credits can only be applied to products purchased in a participating IWC Schaffhausen retail boutique and cannot be applied to products purchased through the Sales Channels. Please contact the Client Relations Center for further details.

 

If a product is returned for exchange with a more expensive product, you will have to pay the price difference. 

We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

 

Selected products are covered by the applicable IWC Schaffhausen Guarantee. If you wish to repair a product covered by the applicable IWC Schaffhausen Guarantee, please refer to the applicable IWC Schaffhausen Guarantee, and call our Client Relations Center for more information.

 

In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable IWC Schaffhausen Guarantee.

The following complimentary services will be proposed, free of charge, by the Sales Channels:

 

(a)  Gift Wrap and Packaging

All orders will be shipped with the IWC Schaffhausen box gift wrapped in IWC Schaffhausen special packaging, together with an IWC Schaffhausen shopping bag (where applicable).

 

(b)  Engravings

Engraving may be available on specific products, and offered only through sales transactions completed through the Client Relations Center.

If you wish to have your IWC Schaffhausen product engraved, please provide the details to the Client Relations Center. 

 

Orders for personalized IWC Schaffhausen products cannot be cancelled and personalized IWC Schaffhausen products cannot be returned to IWC Schaffhausen for exchange or refund.

 

(c)  Strap Exchange / Adjustment

An IWC Schaffhausen watch strap is delivered in a standard size. The strap size can be delivered smaller or larger, upon request, by calling the Client Relations Center. IWC Schaffhausen watch strap adjustment is also available on certain watch models. If you request a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.

 

(d)  Gift Note

You may personalize your order by adding a personalized note that will be printed by IWC Schaffhausen on a gift card to be included in your order package. IWC Schaffhausen reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on IWC Schaffhausen-logo stationery.

For any repair inquiries relating to a product ordered through the Sales Channels, please refer to our FAQs section or contact our Client Relations Center.

We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platforms, in advertisements or catalogues or as provided by the Client Relations Center is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. 

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

 

Nothing in these Conditions of Sale limits or excludes our liability for any liability, which cannot be limited or excluded by applicable law.  Subject to the preceding sentence,  our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

 

Please note that in some jurisdictions, consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.

 

These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

 

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

 

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

 

This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable IWC Schaffhausen Guarantee.

These Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland 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 of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale.  Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

 

You may bring proceedings against us either in the courts of Fribourg or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.

 

Without any restriction to bring proceedings before a court, you and IWC Schaffhausen will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.

 

If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/consumers/odr/Entire Agreement.

If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.

 

IWC Schaffhausen Client Relations Center
[INSERT ADDRESS]

 

Phone Number: +41 52-235-73-63

 

Model Cancellation Form

 

- To IWC Schaffhausen, Client Relations Center, [INSERT ADDRESS]:

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),