TERMS & CONDITIONS
LVMH WATCH & JEWELLERY (UK) LIMITED - 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 (UK) Limited, a company registered in England and Wales under company number 01620385 and with our registered office at Duval House, 16 – 18 Harcourt Street, Worsley, Manchester M28 5GN (“we” or “us”). We operate the site https://www.tagheuer.com/en-gb
1.2 If you would like to contact us for any reason, you can reach us by:
(a) e-mail: email@example.com; or by
(b) telephone: 01204 861168.
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
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. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 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 firstname.lastname@example.org or 01204 861168 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. 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 As a consumer, unless the Product is personalised, made-to-measure or custom-made for you, you may cancel a Contract within 14 days of receipt of the Product(s) by you, as long as:
(a) you notify us in writing at email@example.com of your decision to cancel the Contract. Your notice of cancellation will be effective from the date you sent the e-mail to us. You may wish to keep a copy of your cancellation notification for your own records; and
(b) you return the Product(s) to us at E-RMA, LVMH, Duval House, 16 – 18 Harcourt Street, Worsley, Manchester, M28 3GN as soon as reasonably practicable. We suggest that you return the Product(s) to us via registered mail; and
(c) unless the Product(s) is faulty or not as described, you return the Product(s) to us at your own cost.
Notwithstanding the foregoing, if the Product(s) is faulty or not as described, including where the Product(s) is personalised, made-to-measure or custom-made for you, you may cancel a Contract within 30 days of receipt of the Product(s) by you under this clause 7.1.
7.2 If you cancel a Contract under clause 7.1, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will refund you on the credit card or debit card used by you to pay for the Product(s) within 14 calendar days of the day on which you gave us notice of cancellation. If you returned the Product(s) to us because they were faulty or mis-described, we shall also refund any reasonable costs you incurred in returning the item to us.
7.3 As a consumer, you may exchange the Product(s) originally purchased from our site for a different Product (“New Product”) within 14 days of receipt of the original Product(s) by you. We will confirm in writing to you if a Product exchange is available. Please do be aware that we are not obliged to provide a Product exchange to you unless the original Product is faulty or not as described. Any Product exchange granted to you shall be subject to:
(a) availability; and
(b) the safe return of the original Product to us at your cost (unless the original Product is faulty or not as described) and in the same condition as the original Product was sent to you by us.
If the Product(s) is faulty or not as described, including where the Product(s) is personalised, made-to-measure or custom-made for you, you may exchange the Product(s) within 6 months of receipt of the Product(s) by you under this clause 7.3.
7.4 If, pursuant to clause 7.3 of these Terms above, we confirm to you that an exchange is available and the price of the New Product is:
(a) less than the price paid for the original Product, we shall refund you the difference within 14 days of the date of exchange;
(b) more than the price paid for the original Product, you must immediately pay us the difference.
7.5 For the avoidance of doubt, you may not cancel a Contract (under clause 7.1) or exchange a Product (under clause 7.3) if:
(a) the Product is personalised, made-to-measure or custom-made for you unless the Product is faulty or not as described; and/or
(b) the cancellation is received or requested either 15 days or more (unless the Product is faulty or not as described) or 31 days or more (if the Product is faulty or not as described) after receipt of the Product by you, or the exchange is requested more than 6 months after receipt of the Product by you (unless you can prove the Product was faulty when it was received by you).
7.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 of these Terms. Advice about your legal rights (including your right to cancel a Contract where the Products are faulty or not as described) is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We only deliver Products available on our site to the UK.
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 (see clause 13). 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.
8.3 Delivery will be completed when we deliver the Products to the UK address you gave us. For full delivery terms and conditions please see our Shipping and Returns policies : https://www.tagheuer.com/en-gb/shipping-and-returns . If no one is available at your UK address to take delivery after 3 attempts the Product(s) will be returned to us. If the Product is returned to us pursuant to this clause 8.3 of these Terms, we will refund you for the price of the Product in full within 14 days of the Product being returned to us. For the avoidance of doubt, any refund under this clause 8.3 will not include the delivery charge that you paid for the delivery of the Product(s).
8.4 If we fail to deliver the Products to you within the agreed time period and this is not due to an Event Outside Our Control or because no one is available at your UK address to take delivery after 3 attempts, you may specify a new period for delivery. If we fail to deliver the Product(s) to you within this new period and this is also not due to an Event Outside Our Control or because no one is available at your UK address to take delivery after 3 further attempts, you may terminate the Contract and we will refund you for the price of the Product in full within 14 days of cancellation, including delivery charges.
8.5 The Products will be your responsibility from the completion of delivery.
8.6 You own the Products once we have received payment in full, including all applicable delivery charges.
9. PRICE OF THE PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site from time to time. Please see clause 9.5 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 VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. For full delivery terms and conditions, please see our FAQs page.
9.5 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.
10.1 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. If you cancel a Contract, you may be entitled to a refund (please see clause 7 of these Terms).
10.2 If you do not make any payment due to us by the due date for payment, we may:
(a) immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; and
(b) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.3 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 10.2(b) will not apply for the period of the dispute.
11. TIMEPIECE WARRANTY
11.1 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. The terms and conditions of this warranty can be found here. 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 firstname.lastname@example.org.
11.2 As a consumer, the Timepiece warranty provided at clause 11.1 of these Terms is in addition to your legal rights in relation to Timepieces that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. OUR LIABILITY TO YOU AS A CONSUMER
12.1 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.
12.2 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.
12.3 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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”).
13.2 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.
14. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
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:
(a) E-mail at email@example.com;
(b) Telephone on 01204 861168.
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. OTHER IMPORTANT TERMS
15.1 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.
15.2 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.
15.3 This Contract is between you and us. Except as expressly set out in this clause 15.3, no person who is not a party to this Contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. 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 11. 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 English law. 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 English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.