TERMS & CONDITIONS

LVMH WATCH & JEWELLERY AUSTRALIA PTY LTD - WEBSITE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS

 

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 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.

 

1.        INFORMATION ABOUT US

1.1          We are LVMH Watch & Jewellery Australia Pty Limited, a company registered in Australia under ABN number 84078545481 and with our registered office at Level 5, Rialto North Tower, 525 Collins Street, Melbourne, Victoria 3000, Australia (“we” or “us”). We operate the Site https://shop-au.tagheuer.com.

1.2          If you would like to contact us for any reason, you can reach us by:

(a)           e-mail: shop.au@tagheuer.com; or by

(b)           telephone: 1800 809 915.

 

2.        THE PRODUCTS

2.1          Images of Products on our Site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that the colours displayed on our Site accurately reflect the colour of the Products.

2.2          The description of the Products on our Site is approximate 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), any description is approximate only.

2.3          The packaging of the Products may vary from that shown in the images on our Site.

2.4          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.

 

3.        HOW WE USE YOUR PERSONAL INFORMATION

 

3.1          We use your personal information in accordance with our Privacy Policy (available at https://www.tagheuer.com/en-au/privacy-policy). Please take the time to read our Privacy Policy as it includes important terms which apply to you and the sale of the Products to you on our Site.

4.        YOUR RIGHTS AS A CONSUMER

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. Further information about these legal rights is available from the Australian Competition and Consumer Commission (ACCC). Nothing in these Terms will affect your legal rights.

 

5.        HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

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 on shop.au@tagheuer.com 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 despatched (Despatch Confirmation).  The Contract between us will only be formed when we send you the Despatch 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 Products, we will refund you the full amount as soon as possible and in any event, within 10 business days of our e-mail notification to you.

 

6.        OUR RIGHT TO VARY THESE TERMS

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.        YOUR CONSUMER RIGHT OF RETURN AND REFUND

7.1          Under law, we are not required to provide a refund or replacement if you change your mind. However, we will do so in some circumstances which are described in clause 7.2 below.  If there is a problem with the Products, though, then your legal rights are as follows:

7.1.1 if a Product has a major problem you can choose a refund or exchange or you can choose to keep the item and we will compensate you for any drop in value. A major problem is when the item:

a. has a problem that would have stopped someone from buying the item if they had known about it;

b. is unsafe;

c. is significantly different from the sample or description; or 

d. doesn’t do what we said it would, or what you asked for and can’t be easily fixed; and

7.1.2 if a Product has a problem that is not a major problem, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

Please keep your Despatch Confirmation and receipt as proof of purchase.

 

8. RETURN AND REFUND IF YOU CHANGE YOUR MIND

8.1 If you change your mind about a Product, unless the Product is personalised, made-to-measure or custom-made for you, you may return the Product within 7 days of receipt of the Product by you, as long as:

(a)          you notify us in writing at shop.au@tagheuer.com of your decision to return the Product and we issue you a return authorisation.; and

(b)          you return the Products to us at Suite 206, Level 5, Rialto North Tower, 525 Collins Street, Melbourne, Victoria 3000, Australia as soon as reasonably practicable. We suggest that you return the Product(s) to us via registered mail; and

(c)          unless the Products are faulty or not as described, you return the Products to us at your own cost.

8.2         If you return Products to us, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for, provided that:

(a)          a return must be initiated within 7 days of receipt of the original item;

(b)          we receive the returned Product within 10 business days of the return authorisation being issued;

(c)          all Products must be returned with the original receipt, in a new and unused state, and in perfect condition (without scratch or damage), with all original shipping and product packaging, protective materials, and tags in place.

We will not issue a refund if the Product shows signs of wear, or has been used or altered from its original condition in any way, or if the 10 business day returns authorisation has passed.

After inspection of the returned Product to confirm Clause 8.2(c), we will notify you if we will issue a refund and, if so, will refund you on the credit card or debit card used by you to pay for the Product within 10 business days of the day on which we gave you a refund confirmation. If you returned the Product to us because they were faulty or mis-described, we shall also refund any reasonable costs you incurred in returning the item to us.

Please read our Shipping and Returns policies: https://www.tagheuer.com/en-au/shipping-and-returns

8.3          We cannot currently process exchanges of items purchased from the Online Store. Should you wish to return an item, and purchase a new item, please call the TAG Heuer Sales Support on 1800 809 915 or email us on shop.au@tagheuer.com to arrange a return. The terms and conditions of return and refund described in 8.1 and 8.2 above will apply.

8.4          For the avoidance of doubt, you may not return a Product for a refund if you change your mind if:

(a)           the Product is personalised, made-to-measure or custom-made for you; and/or

(b)           the Product is used or scratched or damaged; and/or

(b)           the refund request is received 8 days or more after receipt of the Product by you or the returned Product is not received by us within 10 days after we issued you a return authorisation.

 

9.        DELIVERY

9.1          We only deliver Products available on our Site to an Australian address. We do not currently deliver to international addresses or P.O. Boxes.  In-store pickup from a TAG Heuer Flagship Store or TAG Heuer Outlet is not currently available.

9.2          Your order will be fulfilled by the estimated delivery date set out in the Despatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

9.3          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 clause 9.3 of these Terms, we will contact you to reschedule a delivery and the delivery service charge will be at your own cost.

9.4          The Products will be your responsibility from the completion of delivery.

9.5          You own the Products once we have received payment in full, including all applicable delivery charges.

 

10.        PRICE OF THE PRODUCTS AND DELIVERY CHARGES

10.1          The prices of the Products will be as quoted on our Site from time to time. Please see clause 10.5 for information about price errors on our Site.

10.2          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 which we have confirmed to you with a Despatch Confirmation.

10.3          The price of a Product includes GST 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.

10.4          The price of a Product does not include delivery charges. Free Standard delivery is included with each order. For full delivery terms and conditions, please see our FAQs page.

10.5          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 we discover an error in the Price of the Products you have ordered, 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

11.     PAYMENT

11.1        You can only pay for Products using a debit card or credit card. Payment for the Products and all applicable delivery charges is in advance. In some cases, you may be entitled to a refund (please see clauses 7 and 8 of these Terms).

 

12.     TIMEPIECE WARRANTY

12.1        TAG Heuer timepieces sold on our Site (“Timepieces”) are provided to you with a 2 year international warranty against a manufacturing defect or functional failure. You should read the terms of the warranty prior to the purchase of any Timepiece from our Site as its terms will apply to you and us. If you have any queries or would like further information about the warranty provided in respect of Timepieces, please contact us at shop.au@tagheuer.com.

12.2        As a consumer, the Timepiece warranty provided at clause 12.1 of these Terms is in addition to your legal rights in relation to Timepieces that are faulty or not as described. Information about your legal rights if Products are faulty or not as described is available from Australian Competition and Consumer Commission (ACCC).

 

13.     OUR LIABILITY TO YOU AS A CONSUMER

13.1        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 or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

13.2        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.

13.3        We do not in any way exclude or limit our liability for:

(a)           death or personal injury caused by our negligence;

(b)           fraud or fraudulent misrepresentation;

(c)           any matter which by law may not be limited or excluded.

 

14.     EVENTS OUTSIDE OUR CONTROL

14.1        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”).

14.2        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)       we will contact you as soon as reasonably possible to notify you; and

(b)       our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

15.     HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US 

15.1        When we refer, in these Terms, to "in writing", this will include e-mail.

15.2        You can contact us for any reason using the following means:

(a)           E-mail at shop.au@tagheuer.com

(b)           Telephone on 1800 809 915.

15.3        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.

 

16.     OTHER IMPORTANT TERMS

16.1        We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, except that, if you have purchased a Timepiece as a gift, you may transfer the benefit of our Timepiece warranty at clause 11 to the recipient of the gift without our written consent.

16.3        This contract is between you and us. No other person shall have any rights to enforce any of its terms, except that, if you have bought a Product as a gift, the recipient of your gift of a Product will have the benefit of our Timepiece warranty at clause 12, however we will not need their consent to cancel or make any changes to these Terms.

16.4        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.

16.5        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.

16.6        These Terms are governed by the laws of New South Wales. 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 will be governed by the laws of New South Wales. You and we both agree that the courts of New South Wales will have non-exclusive jurisdiction.