Conditions of service

Last updated: 1st August 2023

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Conditions of Service, February 2020

The Service Entity 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 is responsible for our information collection practices and the ways in which we may use and protect that information pursuant to the terms of the Privacy Policy and the Cookie Policy.

“Service Entity” means for services with delivery to the Country: United States of America (RICHEMONT NORTH AMERICA INC., a company incorporated under the laws of the State of Delaware, with a principal place of business at 645 Fifth Avenue, New York NY 10022, USA, 1800-432-9330, concierge-usa@iwc.com)

“Country” means: United States of America

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

These Conditions of Service apply to any after sale services (the “Services”, and each such order a “Service Order”) that you may order from the Service Entity (as defined above) and/or that at any time of the repair process will imply:

• Using the IWC Schaffhausen website and any associated mobile or digital applications that refer to these Conditions of Service (together, the “Platforms”);
• By e-mail; or
• By telephone via our IWC Schaffhausen (i) Client Relations Center or (ii) Boutique (the “Client Relations Center”).

These Conditions of Service will prevail any other term and condition you may receive from a IWC Schaffhausen brick and mortar Boutique. The service entity, that will provide the Services to you, will depend on your delivery address where we will return the products (the “Service Entity”, “IWC Schaffhausen”, "we", "us" and "our"):

Please refer to the bottom of these Conditions of Service for terms and conditions applicable to your specific location.

The Services/ Service Order include, among other things, the online ordering of repair services, the online approval of any cost estimates, the online tracking and the online payment (as made available to you on the Platforms, e-mail and/or Client Relations Center) for the order of a repair service that you may have made via our Platforms, e-mail or the Client Relations Center (together the “Service Channels”).

Please read these Conditions of Service carefully, as they will apply to any Services or Service Order placed as above, even if part of your journey will occur in a brick and mortar IWC Schaffhausen boutique, Depending on your location, these Conditions of Service may also include an agreement to arbitrate any disputes on an individual basis. Service Orders placed with third parties (such as authorised retailers) and complete brick and mortar Services are in principle not subject to these Conditions of Service. Please note that before placing an order for the Services, you will be asked to accept these Conditions of Service. If you do not accept the terms set forth in these Conditions of Service, you will not be able to order any Services through the Service Channels.

We accept Service Orders placed only by individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts; (b) have legal capacity to enter into contracts; and (c) have a shipping address in the Country. 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 a Service Order on your behalf and they will be asked to agree to these Conditions of Service.

By placing a Service Order, you represent and warrant that you are a bona fide end-user customer acting for your own or another’s personal use and will not use, deliver, sell or otherwise market or purchase the Services for commercial purposes. If despite our efforts, the Service is no longer available or we believe, for legitimate reasons, that a Service Order would violate these Conditions of Service, we may refuse such order.

Important: IWC Schaffhausen is free to decide what products are eligible for Services as provided herein. Only genuine IWC Schaffhausen products are eligible for Services. 

If you wish to order Services via the Service Channels, please first fill in the pre-registration form online, or call, or send an e-mail to our Client Relation Center (the “Pre-Registration Form”).

The provided information shall be true, accurate and not misleading, as it will be used as a reference for the Services. 

You must strictly follow the instructions of IWC Schaffhausen as described herein or as provided via the Service Channels, as the case may be. Important to note that not all products can be shipped; please read carefully the Conditions of Service herein and/or the instructions on the Service Channel you use.

Depending on the product and the country, IWC Schaffhausen may, but has no obligation to, provide you with a Service Kit or courtesy shipping as mentioned hereunder.

If IWC Schaffhausen provides you with a Service Kit:

IWC Schaffhausen will send a mailing kit to the address provided by you in the Pre-Registration Form (the "Service Kit") containing notably:

• The necessary material to pack your product carefully, and
• A printed copy of the Pre-Registration Form and further information, if any.

You must then package your product and prepare the shipping package by attaching:

• The original duly completed Pre-Registration Form or any other document requested by the IWC Schaffhausen (duly signed if so requested),
• If so requested by the IWC Schaffhausen, a copy of the IWC Schaffhausen International Warranty card or the proof of purchase / service in the IWC Schaffhausen authorized network, and
• Any other documents requested by the IWC Schaffhausen.

If IWC Schaffhausen does not provide you with a Service Kit:

Please adequately package your product with all due care and taking into consideration the value thereof. Any damage, destruction or loss due to inadequate packaging will be your sole responsibility.

If IWC Schaffhausen provides you with courtesy shipping:

Once your packaging is ready, please follow the instructions provided by us or in the Service Kit. The pickup is only available when mentioned by us and in locations authorized by us (certain areas within the country are excluded). Please note that the shipment of your product through our transport partner must be made in the same the country in which you received the Service-Kit. If the IWC Schaffhausen provides you with courtesy shipping, the shipping will be free of charge. However, note that you are required to send us your product only through our transport partner in accordance with the terms herein. IWC Schaffhausen declines any and all responsibility for any damage, destruction, loss or theft of your product if it is not sent via our authorized transport partner in strict accordance with the Conditions of Service herein.

Products exceeding the recommended retail sale price set out by IWC Schaffhausen shall not be shipped. It is important that you shall not send us any product exceeding this value, unless otherwise expressly authorized by IWC Schaffhausen. We decline any and all responsibility for any damage, destruction, loss or theft should you ship any such products in violation of the above.

If IWC Schaffhausen does not provide you with courtesy shipping:

Once your packaging is ready, please contact the carrier of your choice for shipping to the designated address. IWC Schaffhausen declines any and all responsibility for any damage, destruction, loss or theft of your product during transport, and any of which, should it occur, shall be under your own responsibility.

For security reasons, the Service Kit boxes will be unbranded.

Please note that you can only change the shipping address to where the repaired product will be returned before placing your Service Order, unless previously agreed with the Service Channels  

If you send us your product by your own means with the carrier of your choice, or with our Service Kit but without using our pre-paid label, you are responsible for the shipping expenses for sending the product to IWC Schaffhausen, as well as any insurance expenses, and IWC Schaffhausen will not be held liable in case of loss, damage, theft or any other deterioration of your product during transportation to the IWC Schaffhausen.

You must keep a proof of shipment. Only products received by the IWC Schaffhausen will be eligible for the Service, in accordance with these Conditions of Service.  

If your product is eligible for the Services, you will receive a Cost Estimate for approval through the Service Channels.

This Cost Estimate will be valid for the period referred in the Cost Estimate, after which it will automatically become null and void if you do not accept it within that time period; in such event, or if you refuse the Cost Estimate, IWC Schaffhausen will not perform any repair Service and will send back the product unrepaired to the shipping address provided by you.

The Cost Estimate will include a service quotation for each Service (mandatory and optional).

We invite you to carefully check all the details of the Cost Estimate and the Conditions of Service before confirming the Cost Estimate and placing your Order through the Service Channels.

All prices for the Services or the Cost Estimate are in the currency of the Service Entity location. Taxes (such as VAT, GST business tax, etc.as the case may be) and shipping costs (if any) for the return are included (to the exclusion of other taxes unless otherwise indicated).

The applicable taxes and shipping costs (if any) depend on your shipping address and will be specified in the Cost Estimate.

IMPORTANT: Your approval of the Cost Estimate via any Service Channel constitutes irrevocable acceptance of the Service to be performed by IWC Schaffhausen and according to the present Conditions of Service and confirms the existence of a binding contract obligating you to pay the amount due for said Services.

If, for technical reasons, IWC Schaffhausen determines before proceeding with the Service that the cost of the repair will exceed the price of the estimate you validated, we will send you a new estimate for your approval or rejection.

This applies only if the pre-approved value of Service feature is available and you have used it (the “Pre-Approved Value of Service”).

If you have activated the Pre-Approved Value of Service feature (if available), you have irrevocably agreed that we can perform Services (necessary and/or optional) within the Pre-Approved Value of Service:

• If the pre-approved amount is sufficient to perform the Service further to the diagnosis, it will be performed immediately after diagnosis without sending a Cost Estimate for approval.
• If the amount of the actual Cost Estimate is higher than the Pre-Approved Value, you will receive a Cost Estimate for approval. If you refuse the Cost Estimate, we will not perform any services and will return your product unrepaired to the shipping address that you have previously communicated in the Pre-Registration Form.

By authorizing us to proceed with the Service, you agree to pay for our performance of the repair work, within the limit of the Cost Estimate you validated, with the exception of the gratuity cases defined by IWC Schaffhausen (ex: service under warranty).

Accordingly, no Cost Estimate will be issued for Pre-Approved Value of Service, free of charge Services and Services covered by the International IWC Schaffhausen Guarantee.

In order to guarantee a service of excellence, any price in any document, includes the removal by us of any components that are replaced, which shall become our property from the time of their replacement. By agreeing to the terms and conditions, you irrevocably waive any right to the return of these components. Any intervention on these components could lead to their deterioration and/or destruction. This also applies to any repairs and/or replacements performed free of charge under guarantee.

We accept the methods of payment identified as part of the order process via the Service Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification. Please make sure you pay the full amount indicated by the Channel and indicate your Service Order reference number with your payment if requested by the Channel. IWC Schaffhausen will ship or deliver back your product only after receipt of your payment in full.

When ordering Services, you should not send us your credit card details by email, postal mail or any other written form. 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 checkand authorization by the payment system providers as well. 

You expressly authorize us to perform security checks, where we deem necessary. In addition, you expressly authorize us to use the personal information you provide to us, and or to transmit or obtain information (including any updated information) relating to you to or from third parties from time to time, including by not limited to your payment card details, to authenticate your identity, validate your payment, obtain an initial payment card authorization, if any, and authorize individual purchase transactions.

The full amount of your Service Order will typically be charged on your payment card or through other means of payment once the servicing of your product is completed. Please do not forget to mention the reference number of your order on your payment when requested. Please note that some financial institutions may charge a fee that will be on your charge.

IWC Schaffhausen is prohibited under applicable laws from making sales of its Services to individuals or companies designated on relevant sanctions/prohibition lists or to country destinations sanctioned by the relevant authorities. Any such transactions will be declined.

If you do not pay the full amount of the invoice within 3 calendar months of us notifying you, or if you do not retrieve the product within 12 calendar months of us notifying you, we may sell or otherwise dispose of your repaired product in our sole discretion within the limit of the law. We will apply the proceeds of any sale or disposal to the remuneration of any outstanding amounts, including all the costs in connection with your defaulted payment (i.e., storage charges, administrative costs, etc.); and any balance will be returned, where possible, to you.

IWC Schaffhausen will only send and/or deliver your product after receipt of your payment in full. IWC Schaffhausen will send the product back to the address that you have previously communicated to us in the Pre-Registration.

Please note that IWC Schaffhausen only delivers to United States of America, excluding certain addresses (e.g., military, certain restricted areas (such as hotels), post office boxes, or certain remote areas). All the shipments back to you are made by our transport partner free of charge for you. IWC Schaffhausen insures parcels while in transit until they are delivered to you. Delivery times are tentative only. When receiving the product, you may be required to send a text message or e-mail confirming that you have received the product.

We will require from you the confirmation of the product’s receipt according to modalities to be set out by IWC Schaffhausen, at which point the responsibility for the product will be transferred to you. The signature on the receipt will constitute the confirmation of the due receipt of the product in good delivery state.

The delivery will be done at the delivery address registered and confirmed to us as per the terms herein and the delivery will occur according to our guidelines. Attention: if you are not available for the delivery, please follow our instructions, in particular if a third person will be receiving the shipped back product. Please note, we reserve the right to accept or refuse another person to receive your product.

Any delivery date communicated to you is only an estimate, and is not binding on IWC Schaffhausen. IWC Schaffhausen shall not be liable for any damage resulting from any modification to the delivery date estimate. The transport partner will inform you as soon as possible of any modification to the delivery date estimate.  

Notwithstanding anything to the contrary provided for herein, IWC Schaffhausen reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, IWC Schaffhausen may refuse, terminate or cancel your Service Order if there is an on-going dispute concerning payment of a prior order or if IWC Schaffhausen suspects that you have violated these Conditions of Service or any laws, or if the law permits so, or in case of counterfeited products, or in case of reasons beyond our reasonable control, including force majeure.

In the event that IWC Schaffhausen cancels a Service Order, any and all indemnifications are excluded and you shall not have any claims against IWC Schaffhausen, its agents, affiliates and employees.

Please note that only some selected product lines are covered by the applicable IWC Schaffhausen International Guarantee or the Repair International Guarantee. For more information, please refer to the applicable IWC Schaffhausen International Guarantee and IWC Schaffhausen International Repair Guarantee on the Platform or via our Client Relations Center.

If your product is currently subject to a valid sales or repair guarantee, the terms of such guarantees will apply as well.

In addition, you may have mandatory legal rights under applicable national legislation governing the provision of Services; those legal rights are not affected by these Conditions of Service.

We remind you that the IWC Schaffhausen International Repair Guarantee does not apply in the case the necessary interventions recommended by IWC Schaffhausen are not performed, upon your specific request. 

While IWC Schaffhausen endeavours to verify the accuracy of any information it provides on the Platforms, in advertisements or catalogues, or through the other Service Channels, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.

IWC Schaffhausen does not confirm the cost of the Services until a Cost Estimate has been issued by IWC Schaffhausen.

While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Services detailed on the Platforms are as accurate as possible, IWC Schaffhausen does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Services and Service 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 Service 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 Service 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 one hundred percent (100%) of the cost of the Service in your Service Order. Any indirect, consequential, moral and/or punitive damages are in any event excluded.

In the event that you sent us your product in violation of the present Conditions of Service or our instructions, you shall bear any and all risks and costs associated therewith, to the exclusion of any IWC Schaffhausen liability. In such event, IWC Schaffhausen shall not be held liable for any risks and or damages, destruction, theft or loss of the product, including during the transportation of the product to IWC Schaffhausen.

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

If any provision, or part of a provision, of these Conditions of Service is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Service shall be unaffected and shall continue to be fully valid, binding and enforceable.

These Conditions of Service (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of 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 Service which arises from any cause beyond our reasonable control.

You represent and guarantee that the information you provide in the Service Order is true, accurate and complete at all times; in the contrary case, you will be solely liable of any consequences deriving therefrom.

The waiver by us of a breach of any provision of these Conditions of Service 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. 

For residents in the US if the Services occurred in the US please look in the Applicable Local Terms and Conditions hereunder

These Conditions of Service shall be governed by and construed in accordance with the laws of the country in which the applicable Service Entity has its registered office, without reference to conflict of laws provisions.

Any dispute, controversy or claim arising out of or in relation to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, shall be adjudicated or arbitrated in accordance with the Conditions of Service. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

You may bring proceedings against either in the courts of the country in which the applicable Selling Entity has its registered office 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 Service or any breach thereof.

Please read carefully these additional terms and conditions that will apply based on your location

EUROPEAN UNION & UNITED KINGDOM

For EU and UK residents if the Services occurred in the EU, or UK only: You may also request that the Services begin only fourteen (14) days after you have placed your Service Order, so that you may exercise your right to withdraw from the contract without incurring any charges (see below). In order to do this, please send us an email to the address herein writing: “I request that IWC Schaffhausen only commences the Services following a period of fourteen (14) days from the date of Service Order", and the Services will start only fourteen (14) days after placing the Service Order.

Your Right of Cancellation for EU and UK residents if the Services occurred in EU, and the UK only

You have the right to cancel the Service Order without giving any reason fourteen (14) days from the date on which you have accepted the estimate. This is considered to be your statutory right to withdraw from the contract.

In order to exercise your right of withdrawal, you must notify IWC Schaffhausen of your decision to withdraw in an unequivocal manner. You can use the Model Cancellation Form below, but this is not mandatory.

To respect the deadline for withdrawal, simply send an e-mail stating that you ask to exercise your right of withdrawal before the expiry of the withdrawal period.

If you have signed a Service Request Form or an estimate in which you do not expressly request that the performance of the Services commence after the end of the applicable withdrawal period, you may still exercise your right of withdrawal within the time limit, subject to the payment of an amount corresponding to the Services provided

In case you exercise your right of withdrawal before the diagnosis phase, no payment of fees will be required. A service fee will apply once the diagnosis phase has commenced.

In the event that you exercise your right of withdrawal during the provision of the Services, you will have to pay IWC Schaffhausen an amount calculated on the basis of the percentage of the total contractual services corresponding to the Services ordered which will have been made on the date you notify us. If, at this time, the Services have been fully performed by IWC Schaffhausen, you must pay the full amount due for the Services. IWC Schaffhausen will send you an invoice to pay the applicable costs. After receiving your payment, we will send your product in the condition it was on the date you informed us of your decision to withdraw from this distance contract.

For EU and UK residents if the Services occurred in the EU or UK, only: []Model Cancellation Form

• To IWC Schaffhausen, Client Relations Center, Herengracht 436, 1017 BZ, Amsterdam, The Netherlands
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of service of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

 (*) Delete as appropriate

For EU and UK residents if the Services occurred in the EU or UK, only: 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/

FRANCE

For residents in France if the Services occurred in France: In accordance with Article L. 612-1 of the French Consumer Code, you can use the service of the Association of European Mediators to which we report free of charge, either via the Internet: https://www.mediationconso-ame.com, by completing the form dedicated for this purpose accompanied by the documents supporting your request, either by post: AME Conso, 11 place Dauphine - 75001 PARIS.

CHINA

For residents in China if the Services occurred in China In order to request and receive a Fapiao please follows the instruction of the Service Channels.

UNITED STATES

For residents in the US if the Services occurred in the US

Limitation of liability

Please note that, in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply

For California: In compliance with California Law, we cannot offer for sale or provide service for any product containing material made from iguana, skink, hippopotamus, tegu, or Ring, or Nile lizard.

Arbitration Required, Except for Small Claims. Any dispute, controversy or claim arising out of or related to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, or to any of the Services provided by IWC Schaffhausen, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or IWC Schaffhausen may assert claims in small claims court if such claims qualify. 

Informal Dispute Resolution. Before bringing any dispute in arbitration, you and IWC Schaffhausen agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.

Jury Trial and Class Action Waiver. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Service. In addition, you and IWC Schaffhausen understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief if you are located in California. You and IWC Schaffhausen agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding.

How Arbitration Works. In order to file a complaint for arbitration after you and we have failed to resolve our Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support or call 1-800-778-7879. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with IWC Schaffhausen) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. These Conditions of Service shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions.