IWC Schaffhausen
Conditions of Service
IWC SCHAFFHAUSEN SERVICE REPAIR FOR THE U.S.A.
Last updated: February 18, 2020
These Conditions of Service apply to any repair services that you may order from IWC North America, a division of Richemont North America, Inc., using the website www.iwc.com and any associated mobile or digital applications that refer to these Conditions of Service (together, the “Platforms”) or by telephone via our IWC Schaffhausen Client Relations Center (the “Client Relations Center”) or in selected IWC Schaffhausen boutiques (the “Boutiques”) provided that you validate and accept such orders online through the Platforms, or by the Client Relations Center or a Boutique on your behalf (the “Services”, and each such order a “Service Order”). The Services or a Service Order can include, but are not limited to, the online ordering of repair services, as well as the online approval of any cost estimates, the online tracking and the online payment (as made available to you on the Platforms) for the order of a repair service that you may have made via our Platforms, the Client Relations Center or in our Boutiques.
IWC North America, a division of Richemont North America, Inc., has its registered offices at 645 Fifth Avenue, New York, NY 10022 (“IWC Schaffhausen” and "we", "us" and "our").
IWC North America, a division of Richemont North America, Inc., is an affiliate of IWC Schaffhausen, Branch of Richemont International SA, 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 a Service Order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Service.
Please read these Conditions of Service carefully. These Conditions of Service are applicable to any Service Order placed through the Platforms, the Client Relations Center or a Boutique (together the “Sales Channels”), that you validate and accept online through the Platforms, or that the Client Relations Center or a Boutique validates and accepts online on your behalf, and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for the Services, you will be asked to agree to these Conditions of Service. If you do not agree to these Conditions of Service, then you will not be able to order any Services through the Sales Channels. Service orders placed through non-participating boutiques or third parties (such as authorized retailers) are not subject to these Conditions of Service.
We may make changes from time to time to these Conditions of Service so please check back 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.
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) have a shipping address in the continental United States of America, Alaska, Hawaii or the District of Columbia, may order the Services 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 a Service Order on your behalf and they will be asked to agree to these Conditions of Service.
By placing a Service 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 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 grounds, that a Service Order would violate these Conditions of Service, we may refuse such order.
Only genuine IWC Schaffhausen products are eligible for Services.
To place a Service Order through the Sales Channels, you will be required to register and create an online account, or to log in if you have previously created one.
If you request a Service through the Sales Channels, you will be required to provide personal information and to accept these Conditions of Service. Please carefully review these Conditions of Service prior to accepting them. If applicable and requested by you, we will also send you a Service Kit by postal mail for you to send us your product for Service.
Certain products need to be sent to IWC Schaffhausen international workshop in Europe for diagnosis and service (e.g., certain vintage or complication watches). By accepting these Conditions of Service, you accept that IWC Schaffhausen can send your creation to its international workshop in Europe for estimate and service.
If you request the Services through the Sales Channels, you will be able to review and validate on the Platforms the price estimate corresponding to the Service of your IWC Schaffhausen product.
While IWC Schaffhausen endeavours to verify the accuracy of any information it provides on the Platforms, in advertisements or catalogues, or through the Client Relations Center or the Boutiques, 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 price of the Services until a price 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.
This price estimate will be valid for a period of two (2) months after its date of issue by IWC Schaffhausen, after which it will automatically become null and void if you do not accept it within that time period.
You should carefully check all details before placing your Service Order, including, without limitation, the particulars of each Service Order, which will be displayed on the Platforms.
All Prices for the Services shown on the Platforms are in U.S. Dollars and do not include applicable state and local taxes.
If you do not accept the price estimate, IWC Schaffhausen will not perform any repair service and you will not be charged a processing fee, and IWC Schaffhausen will send back the product unrepaired to the Boutique or to the shipping address you provided on the Platforms or to the Client Relations Center.
Once you have received and reviewed the price estimate, you are required to formally accept the services listed in the cost estimate in order for IWC Schaffhausen to proceed with your Service Order. As part of such acceptance, you confirm that you authorize IWC Schaffhausen to immediately proceed with any repair service requested.
When you have completely reviewed your Service Order, please check the tick boxes confirming that you have read, and accept to be bound by, these Conditions of Service, and then click on the "I accept cost estimate" button or similar on the Platforms to place your Service Order.
Notwithstanding anything to the contrary provided for herein, IWC Schaffhausen reserves the right to refuse, cancel and terminate Service 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 Service Order or if IWC Schaffhausen suspects that you have violated these Conditions of Service.
Your online approval of the cost estimate constitutes acceptance of the Service to be performed by IWC Schaffhausen and indicates the existence of a binding contract.
By authorizing us toproceed with the Service, you agree to pay for our performance of the repair work, within the limit of the price estimate you validated.
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.
If you have registered for the Services on the Platforms and have not provided your product to us in our Boutiques, you may send us your product pursuant to the process outlined below.
You may send us your product by your own means, in a packaging of your choice and with a carrier selected by you.
You may also send us your product using our Service Kit (as defined below), either with the carrier selected by you at your cost and risk, or with our transport partner at our cost using our pre-paid label. To do so, please use the Platforms to inform us of your request for repair and obtain a Service Kit with the address of the IWC Schaffhausen Customer Service Department and a pre-paid label, if applicable. You may contact the IWC Schaffhausen Client Relations Center to assist you with such request.
Once you have received the Service Kit, comprising a product box, an outer box/envelope and pre-printed return label with our address or a pre-paid label as applicable (collectively the “Service Kit”), please:
(1) Include the IWC Schaffhausen product and all its accessories in the unbranded product box, the International Guarantee, as applicable, and all other documents in the outer box/envelope,
(2) Seal the outer box/envelope and affix to it the pre-printed return label or the pre-paid label, as applicable, and
(3) Send back the outer box/envelope to the address of the IWC Schaffhausen Customer Service Department indicated on either label.
For security reasons, the Service Kit boxes will always be unbranded.
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 Customer Service Department. Notwithstanding the above, if your product is still under warranty, the shipping expenses will be at our charge.
IWC Schaffhausen cannot be held liable for a product left at an unattended drop box location which is not scanned and shipped to the IWC Schaffhausen Customer Service Department. If a product is lost at a drop box location, which has not been scanned by the courier, you are responsible to coordinate, communicate and dispute the loss directly with the courier.
You must keep a proof of shipment. Only products received by the IWC Schaffhausen Customer Service Department will be eligible for the Services, in accordance with these Conditions of Service.
Upon receiving your product, IWC Schaffhausen will verify that the returned product complies with these Conditions of Service.
Once the Service has been performed by IWC Schaffhausen in accordance with the cost estimate that you validated, IWC Schaffhausen will send you an email (or contact you using your preferred contact means) indicating that the IWC Schaffhausen product has been repaired and inviting you, as applicable, to either come back to the IWC Schaffhausen Boutique to pick up your product and pay for the Service (if you handed over your product to us in one of our Boutiques), or to pay for the Service online and request that IWC Schaffhausen send the repaired product back to the shipping address you indicated on the Platforms (if you have not previously handed your product to us in one of our Boutiques).
Please note that you can only change the shipping address to where the repaired product will be returned via the Client Relations Center before making payment, but not afterwards.
We only accept Service Orders for delivery to the continental United States of America, Alaska, Hawaii or the District of Columbia. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or PO boxes. For further information, please contact the Client Relations Center.
We accept the methods of payment identified as part of the Service Order process on the Platforms. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When paying on the Platforms, you will need to enter your payment details on the appropriate 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 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.
IWC Schaffhausen is prohibited under U.S. law from making sales of its Services to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
If you have paid for the Service on the Platforms or through the Client Relations Center, you will receive a Service Order Payment Confirmation by e-mail acknowledging payment for your Service Order. If you have paid for the Service in a Boutique, you will receive an invoice upon your payment at said Boutique. Said Service Order Payment Confirmation or said invoice (as applicable) will contain a Service Order Number assigned by IWC Schaffhausen. Please make sure that you save this Order Reference Number for any future enquiries regarding your order.
Any delivery term 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 term. IWC Schaffhausen will inform you as soon as possible of any modification to the delivery term.
In the event that IWC Schaffhausen needs to cancel a Service Order due to exceptional circumstances, all payments received from you for Services shall be reimbursed to you by IWC Schaffhausen, without undue delay. No additional fees or penalties will be assessed against you, you shall not have any claims against IWC Schaffhausen, its agents, affiliates and employees, and neither party shall have any further obligation to the other.
Following payment of your Service Order on the Platforms or through the Client Relations Center, you will receive an invoice to your shipping address included in the parcel with your creation. If you paid your Service Order in a Boutique, you will receive an invoice upon your payment at said Boutique. Within twelve (12) months after payment, you may also download a copy of your invoice from the Platforms or request a copy by calling the Client Relations Center (telephone number indicated on the Website), subject to providing proper identification.
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Services 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 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 price of the Service in your Service Order.
In the event that you sent us your product at your costs, by your own means with the carrier of your choice, or with our Service Kit but without using our pre-paid label, you shall bear any and all risks associated therewith and IWC Schaffhausen cannot be held liable for any risks and costs associated with the shipping of your product (including without limitation administrative, handling, delivery, insurance or return costs), or in case of loss, damage, theft or any other deterioration of your product during transportation to the IWC Schaffhausen Customer Service Department.
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.
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.
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.
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. 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 Service purchased from IWC Schaffhausen through the Sales Channels, 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. 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, however, any relief must be individualized to you and shall not affect any other consumer. 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. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with IWC Schaffhausen) or at consumer’s election, 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.
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 or failure to agree that may arise out of or relate to the product, the Conditions of Service or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
If you have any questions or comments about these Conditions of Service, or matters generally (including any complaints), please contact us at the address provided below.
IWC Schaffhausen Client Relations Center
2710 Regency Drive, Suite 600
Grand Prairie, TX 75050
1-800-432-9330