CONDITIONS OF SALE

Last updated: July 21, 2017

These Conditions of Sale apply to any sales of IWC Schaffhausen products or 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 Sale (together, the “Platforms”) or by telephone (1-800-432-9330) via our client relations center (the “Client Relations Center” or the “Concierge”).

 

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 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”), and include an agreement to arbitrate any disputes on an individual basis. 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 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 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 through the Platforms, 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.

 

Personalization services (for example engraving or embossing) 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, products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund (except where defective), and are considered final upon receipt of a written Acknowledgement of Order and can therefore not be cancelled, as described in these Conditions of Sale. This does not affect your consumer rights (please see the Returns and Exchanges 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, except for personalized products, where our Acknowledgement of Order constitutes our acceptance of your order and indicates the existence of a binding sales contract.
  • 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 during 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 click “buy” 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; (ii) the import of product activities which we have not intended; or (iii) have otherwise violated these Conditions of Sale.  

 

All prices shown on the product pages of the Platforms or quoted by the Client Relations Center exclude sales taxes, shipping costs and other taxes unless otherwise stated.

 

The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order.

 

Sales, use or other taxes will vary based on the location to which products are being shipped.

 

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 summarized before you are asked to confirm and place your order and will also be reflected in our written Confirmation of Order & Shipment/Acknowledgement of Order once you have chosen your delivery options.

 

Please note that sales taxes associated with your purchase will vary based on the location to which products are being shipped and will be presented before you place your order.

 

We reserve the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Platforms or quoted by the Client Relations Center, as indicated at the time we provide you with a Confirmation of Order, will be honoured by us.

 

We take reasonable care that the prices of products 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 may be incorrectly priced. If any of the products you place an order for 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 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 in time you will be sent a Confirmation of Order & Shipment and your payment card will be charged the applicable purchase price.  

 

We only accept bank wire transfer for orders placed through the Client Relations Center. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Client Relations Center, 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.

 

IWC Schaffhausen is prohibited under U.S. law from making sales of its goods 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.

 

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 Center promptly. 

 

These Conditions of Sale will be provided to you either by hyperlink or printout with your Acknowledgement of Order.

 

We only accept 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.

 

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, except for personalized products, where our Acknowledgement of Order 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.  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 minimize 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 (1-800-432-9330) 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 get 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 it is always subject to receiving your full payment.

 

Type of delivery

 

Standard

Express

 

 

Urgent**

Provider

 

FedEx

FedEx - Not available for products shipped to Alaska or Hawaii

If you wish to have your order delivered in less than 2 Business Days*, please check feasibility with the Concierge for special arrangements. If accepted for overnight delivery,
a $35 delivery fee will be charged for all orders under $500.

Estimated Delivery Lead Time

 

5-7 Business Days*

2 Business Days*

Charge to Customer

 

Free

Free

 

Free

 

*All order delivery date estimations are subject to stock availability.

 

**Saturday and U.S. federal holidays 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 Client Relations Center. This service as well as express shipping may incur more specific charges.  Please contact the Client Relations Center (1-800-432-9330) for more specific information.  Please also note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the Client Relations Center will contact you to propose other arrangements and refund charges associated with your express delivery. 

 

We will require a handwritten or electronic signature by you or an adult 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 at that delivery address) is evidence of delivery and fulfillment 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.  

 

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). 

 

IWC Schaffhausen allows you or the Gift Recipient (as defined below) to return IWC Schaffhausen products purchased on the Platform or directly by phone through the Client Relations Center within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.

 

(a)   Return Process

 

Products that have been purchased through the Sales Channels may only be returned to our e-boutique distribution center at the address of our Returns Department – RNA Logistics, Attention: E-Commerce Returns, 2710 Regency Drive, Suite 500, Grand Prairie, TX 75050 – in accordance with these Conditions of Sale.

 

Products that have not been purchased through the Sales Channels may NOT be returned to our e-boutique distribution center.  For example, if you purchase a product at a retail boutique, you should return it at that boutique.  

 

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

 

(i) Call the Client Relations Center (1-800-432-9330) to request a Return Authorization Number (RAN);

(ii) Fill out the required information and list the applicable Return Authorization Number (RAN) on the return/exchange form;

(iii) Include in the delivery package the completed return/exchange form along with the product, 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;

(iv) Seal the delivery package and affix the pre-paid delivery label to it; and

(v) Bring the package to any of our logistics partner’s locations or call our logistics partner to arrange for pick-up of the sealed delivery package.

 

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 e-boutique distribution center will be eligible for a refund or exchange. 

 

(b)   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. We 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.  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.

 

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.

 

(c)   Products You Cannot Return or Exchange

 

Products that have been personalized in any way or otherwise made for you as custom products or with bespoke specifications cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved or embossed.

 

(d)   Refunds

 

You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale.  As discussed above, custom and personalized products are strictly non-refundable.

 

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.

 

(e)   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 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.

 

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

 

(f)   Defective Products

 

In circumstances where you consider that the products are defective, including as to satisfactory quality or suitability for their intended purpose or not as described, you can contact our Client Relations Center to arrange (i) a full refund within thirty (30) days of delivery of the product to you, (ii) a repair or (iii) a replacement of the product, subject to availability.

 

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 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 watch box gift wrapped in IWC Schaffhausen special packaging.

 

(b)  Engravings

 

Engraving is available on specific watches, and offered only through sales transactions completed through the Client Relations Center.

 

If you wish to have your IWC Schaffhausen watch engraved, please provide the details to the Concierge through the Client Relations Center (1-800-432-9330).

 

Personalized IWC Schaffhausen watches cannot be returned to IWC Schaffausen for exchange or refund.

 

(c)  Strap Exchange

 

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 (1-800-432-9330).

 

(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. 

 

For any repair inquiries relating to a product ordered through the Sales Channels, please contact our Client Relations Center (1-800-432-9330).

 

If you purchase a IWC Schaffhausen product as a gift for a Gift Recipient, you will receive an invoice to your email address as a .pdf attachment (IWC Schaffhausen will never send the invoice and payment details to the Gift Recipient).

 

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, 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 Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.

 

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 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 Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product 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 Sale. 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 Sale 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. 

 

Last updated: July 21, 2017

Contact us

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
2710 Regency Drive, Suite 600

Grand Prairie, TX  75050

1-800-432-9330