This page (together with the documents we refer to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.
By ordering any of our Products, you acknowledge being 18 years old or older and you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time.
We are LVMH Watch & Jewellery Australia Pty Limited, ABN 84 078 545 481 of Level 5, Rialto North Tower, 525 Collins Street, Melbourne, Victoria 3000, Australia (“we” or “us”). We operate the website www.tagheuer.com/au/en/.
2.1. The description of the Products on our site is approximate only and images of Products are for illustrative purposes only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products) and to display colors accurately, any description is approximate only and we cannot guarantee that the colors displayed on our site accurately reflect the color of the Products.
2.2. The packaging of the Products may also vary from that shown in the images on our site.
2.3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.
4.1. As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Nothing in these Terms will affect your legal rights.
5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us or 1800 809 915 as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3. If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you.
6.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site.
6.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3. If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.
7.1. We want you to be completely happy with your order. Subject to certain exceptions detailed below, if for any reason you are not satisfied, we will gladly accept your return if you change your mind for any reason within 30 days of delivery of the original item, at our expense. This "change-of-mind return" is in addition to rights you may have under the Australian Consumer Law, which are described in clause 7.7.
7.2. To make a change-of-mind return, please follow our return process included in your parcel or through this link.
7.3. Please note: if you wish to make a change-of-mind return, you must start the return authorization process within 60 days of receiving the order and must return the Product to us within 10 days of the return authorization being issued. In addition, all Products must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and Product packaging, protective materials, and tags in place.
7.4. We will not accept any change-of-mind return if the Product shows signs of wear, or has been used or altered from its original condition in any way, or if the 10 day returns authorization has passed.
7.5. Personalized Products are considered as final sale and cannot be returned for exchange or refund as a change-of-mind return.
7.6. Watch bracelets that have been adjusted at your request must have been done so by us or a TAG Heuer Authorized Retailer and should be returned with all the links originally shipped.
7.7 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
8.1. We do not charge our clients for shipping and handling. We normally send all merchandise using a reliable carrier. We only deliver Products available on our Site to an Australian address. We do not currently deliver to international addresses or P.O. Boxes.
8.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control.
8.3. Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.
8.4 Delivery will be completed when we deliver the Products to the Australia address you gave us. For full delivery terms and conditions please see our FAQ’s page. If no one is available at your Australian address to take delivery after 3 attempts, the Product will be returned to us. If the Product is returned to us pursuant to this clause, we will contact you to reschedule a delivery and the delivery service charge will be at your own cost.
8.5. For orders totaling over $75,000AUD, a TAG Heuer Customer Service Representative will contact you to arrange delivery.
9.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 9.4 for information about price errors on our site.
9.2. Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
9.3. The price of a Product includes GST (where applicable) at the applicable current rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
9.4. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10.1. All prices on our site are in Australian Dollars.
10.2. You can only pay for Products using a debit card or credit card. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to us. For any purchases above $1,000AUD, we may ask you to provide a copy of your credit card and a photo ID.
10.3. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.
10.4. If you do not make any payment due to us by the due date for payment, we may:
10.5. If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 10.4(b) will not apply for the period of the dispute.
11.1. If we fail to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms, but we are not responsible for any loss or damage that is not foreseeable.
11.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. Subject to any rights you may have under the Australian Consumer Law, in no event, including but not limited to negligence, shall we, any of our affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the Products. Subject to any rights you may have under the Australian Consumer Law, in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or any Product ordered via our site exceed, in the aggregate, the amount paid by you to us for the purchase of Products via our site.
11.4. We do not in any way exclude or limit our liability for:
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.1. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, we disclaim all express or implied warranties or representations regarding any Products ordered or provided via the site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in Product literature, frequently asked questions documents and otherwise on the site or in correspondence with us or our agents.
13.2. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, any Products ordered or provided via the site are provided by us “as is” provided that the foregoing disclaimer does not apply to the extent, if at all, of any Product warranty offered by us or the applicable manufacturer of a Product as contained in the package delivered to you, as specifically described on the site or as otherwise specifically set forth in an agreement separately entered into in writing between you and us or our licensor or supplier.
14.1. When we refer, in these Terms, to "in writing", this will include e-mail.
14.2. You can contact us for any reason using the following means:
14.3. If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3. This Contract is between you and us. Except as expressly set out in this clause 15, no person who is not a party to this Contract shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract are not subject to the consent of any other person.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.
15.6. These Terms are governed by the laws of Victoria. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract (including non-contractual disputes or claims) will be governed by the laws of Victoria. You and we both agree that the courts in and of Victoria will have exclusive jurisdiction.