This document (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 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. We will provide you with the text of these Terms electronically, in such a way that you can easily store them on a durable data carrier. We also advise you to 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 our site, that order will be subject to the Terms that apply at that time.
1.1. We are TAG HEUER, BRANCH OF LVMH SWISS MANUFACTURES SA, a company registered in the Neuchâtel, Switzerland, Register of Commerce and Companies under the number CHE-481.404.745, with headquarters at 6A, rue Louis-Joseph Chevrolet, 2300 La Chaux-de-Fonds, Switzerland, (“we” or “us”). We operate the website www.tagheuer.com. You may contact us via our email address at firstname.lastname@example.org or via phone at +41 (0)32 919 9600.
1.2 Please note that TAG Heuer partners with Global-e, a company incorporated in Switzerland, whose registered office is at c/o Treforma AG, Grabenstrasse 25, 6340 Baar, Switzerland, registered under number CHE-133.547.375, to enable you to make an order in your country where TAG Heuer does not normally provide order processing and fulfilment services.
2.1. The description of the Products on our site is complete and accurate and sufficiently detailed for you to make a proper assessment of the Product. However, 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, 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.
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 at email@example.com or or +41 (0)32 919 9600 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; however, once we have confirmed your order in accordance with clause 5.2, we cannot guarantee this.
5.2. After you place an order which is considered your offer to conclude a Contract with us, you will receive an e-mail from us acknowledging that we have received your order. A Contract will be concluded once we have accepted you as our customer and sent you an email in which we confirm acceptance of your order as well. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). If we suspect someone’s identity, address, email address and/or payment information is being used fraudulently or in an unauthorized manner, we may require – within statutory frameworks –additional verification or information before accepting any order.
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) or if we have proper grounds to suspect your order to be fraudulent or placed in your capacity as a retailer or a reseller or otherwise placed in bad faith or not for personal use, we will inform you of this by e-mail and we have the right to reject 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 your order.
6.1. We may revise these Terms from time to time
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. We advise you to read these Terms carefully prior to or at your placing an order on our site.
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, you have the right to dissolve the Contract during a period of [14 days] after you (or a third party designated by you) have received the relevant Product, or:
a) if you have ordered several products: the day on which you, or a third party designated by you, received the last product.;
b) if the delivery of a product involves different deliveries or parts: the day on which you, or a third party designated by you, received the last delivery or the last part.
In that case we request you to return the relevant Product at our expense as quickly as possible, but in any case within 14 days of your notification of dissolution.
7.2. To dissolve a Contract and to return a Product, please use the model form for right of withdrawal (or inform us in any other unequivocal way) and follow our return process included in your parcel and under this link for our cross-border orders. After receiving your declaration to dissolve, we will immediately send a confirmation of receipt. We will reimburse you all payments (using the same method of payment initially used by yourself, unless you agree to another method), including any Delivery Costs (as defined in clause 11.1; expect in the event that you chose an expensive method of delivery in preference of the cheapest standard delivery, in which case we are not obliged to refund the additional costs of the more expensive method) that we charged for the returned Product, at the latest within 14 days after the day on which you reported the withdrawal. However, we have the right to postpone refunding until we have received the returned Product or until you have proven to our satisfaction to have returned the Product, whichever is earlier.
7.3. Until you return the Product, you must treat the Product and its packaging with care. You will only unpack or use the Product in as far as necessary to assess the nature, characteristics and efficacy of the Product, as you would in a physical shop. In addition, all Products must be returned with the original receipt, where reasonably possible with all original shipping and Product packaging, protective materials, and tags in place.
7.4. In the event that the Product shows signs of wear or use that go beyond what is required for an assessment as mentioned under clause 7.3, or has been used or altered from its original condition in any way, you will be liable for the Product's devaluation that is a consequence of your handling the Product other than as permitted in clause 7.3.
7.5. You cannot withdraw from contracts pertaining to personalized Products that have been manufactured to your specific wishes or that are clearly meant for a specific person. Consequently, such Products cannot be returned for exchange or refund.
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. If you have paid Import Charges (as defined in clause 11 below) in connection with your order (either pre-paid at checkout or paid upon receipt of the order directly to the applicable authority), you acknowledge that (i) you must seek reimbursement directly from the applicable authority in your destination, (ii) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination, and (iii) we cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request, we may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges, and for such purpose you hereby give us a power of attorney to act in your name to try and obtain such reimbursement (however this power of attorney is not a guarantee that such reimbursement will be successful).
8.1. Depending on the country of delivery, please allow 3 to 30 calendar days for delivery once you have received the Dispatch Confirmation.
8.2. Please refer to your delivery confirmation email from us for exact details and parcel tracking reference.
8.3. Please note that you might experience a delay on the delivery due to customs requirements of your home country. If your delivery suffers a delay, you will be informed of this at the latest 30 days after the date of the Contract. If in that case you wish to dissolve the Contract, you are at liberty to do so free of charge, following which we will immediately refund you the sum you had paid.
8.4. Please note that the Products might be subject to local customs charges.
9.1. The title to and ownership of the Product ordered is passed to you the moment the Product is delivered to you or the person designated by you (provided you have made full payment of the Product price plus delivery charges and any other charges payable under these Terms, as applicable; until the aforementioned full payment has been received, title and ownership of the Product remains with us).
9.2. Risk of damage or loss to the Product passes to you on delivery to you or to somebody identified by you to carry or take possession of the Product on your behalf.
10.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 10.3 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(s) you have placed on our site, subject only to clause 10.3.
10.3. 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 and we will not conclude a Contract. 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.
11.1. You buy the Product in your local currency and at a price that includes applicable sales taxes (such as Value Added Tax), plus any international delivery costs and fees (“Delivery Costs") and, if applicable and available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination (“Import Charges”). We will inform you of the price and – where possible – all such costs before our entering into a Contract.
11.2. For certain delivery destinations and/or Products, you may be offered the option to pre-pay applicable Import Charges, which will then be calculated and added or included in the final price when you place the order. In certain cases, the price of the Product may already be inclusive of Import Charges. In any event, the price for any Product will always clearly state what the price of the Product itself is and which part of the price pertains to (the prepayment of) Import Charges.
11.3. In the event that the option to pre-pay applicable Import Charges is available for you and you choose to pre-pay such Import Charges, or if the Import Charges are already included in the price of the Product, the actual Import Charges will be paid on your behalf to the applicable authorities, as determined by your delivery destination upon import of your order. In the event that there is no such option to prepay applicable Import Charges or if the Import Charges are not included in the price of the Product, we will inform you thereof before our entering into a Contract, in which case you will have to pay any applicable Import Charges upon delivery.
11.4. Our partner Global-e may contract with a local licensed customs broker in the destination. Agreement to these Terms serve as an authorization for the applicable customs broker to act as your agent to: (i) conduct transactions with the local applicable authority, (ii) complete, submit and execute related documents on your behalf in connection with the import of Products in your order, (iii) facilitate the payment of applicable Import Charges; and (iv) if applicable, return such Product to us (subject to these Terms). However, you acknowledge that, in the case of a return of Product, you (and not us, Global-e or anyone on their behalf) will be fully responsible for claiming back such Import Charges from the applicable tax authority, to the extent possible, and neither Global-e, nor we shall have responsibility or liability in connection with such claim.
11.5. You may decide not to pre-pay the Import Charges at checkout, or the option to pre-pay Import Charges may not be available for your delivery destination or the Product. In such cases (i.e. where pre-pay does not apply): (i) you are advised that the amount of Import Charges displayed under the pre-pay option on the checkout may not reflect the actual Import Charges payable by you as determined by your delivery destination’s relevant authority, which may be more or less than such estimate; and (ii) you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or a return of Products, to the extent permitted in these Terms) as determined by the authorities of the delivery destination, and neither Global-e nor we shall have any responsibility or liability in connection with the foregoing. Moreover, if you fail to pay Import Charges without reasonable reason causing the liability to fall on us, Global-e or the carrier, the liability amount of Import Charges may be deducted from any refund or other amounts you may claim, to the extent permitted under applicable law.
11.6. If you elected not to pre-pay Import Charges, or failed to pay Import Charges, or refused to accept Products otherwise than in accordance with the return procedure under these Terms, in each case resulting with the Products being returned or needing to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you, unless you have dissolved the Contract as referred to in clause 7.1. To the extent permitted under applicable law, we may also charge you with additional direct or indirect charges resulting from said failure or refusal, unless you have dissolved the Contract as referred to in clause 7.1.
12.1. All prices on our site are in local currencies.
12.2. You can only pay for Products using a debit card or credit card and the other payment means acceptable for us as stated on our site.
12.3. You acknowledge and agree that: (i) you will be charged by Global-e or one of its third party payment processors ("Payment Processors"), through the payment method you have selected for your order and such other amounts payable under these Terms that may be due in connection with the order (which amounts will never surpass the costs actually incurred by us/the Payment Processor for the use of that payment method); (ii) you will provide valid and current information about yourself; (iii) we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) you may be charged with additional fees (such as foreign transaction fee or cross border fee) or charges imposed by your bank or credit/debit card issuer, and as these are not our charges or fees, we have no control over such charges or fees nor do we have any way to mitigate such charges or fees, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such charges or fees , as each bank and credit/debit card issuer has its own policy, and our commitment is to acquire the amount set at checkout in your local currency.
12.4. . Depending on your location, payment may be routed through Global-e’s affiliate (i.e., Global-e Australia Pty Ltd.).
12.5. If the payment method you selected at checkout supports an authorization mechanism (e.g., most credit/debit cards), when you place your order, only the applicable amount will be authorized. You will be charged only after the Product has been dispatched to you, unless the order is a ‘pre-order’ or a similar type of order, in which case the charge could be made even before the Product has been dispatched, depending on the particulars of the pre-ordered Product. If the payment method you selected does not support an authorization mechanism, the charge will be immediate upon placing the order (or such other timing set by that specific payment method you used, if applicable). Please note that you will be charged the full order amount even if the order is dispatched in parts. Where PayPal/PayPal Express is offered as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not affect your legal rights under these Terms (including for example any right of refund).
12.7. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase
12.8. 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) inform you of your overdue payment and grant you a last payment term of 14 days. If you do not pay within that term, we have the right to charge statutory interest to you on the overdue amount at the rate set out in Section 6:119 of the Dutch Civil Code.
13.1. If we fail to comply with these Terms, we will be responsible to you for the loss or damage that you as a consumer may incur.
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. If despite this you should buy the Product in the capacity of you as a professional party, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Only in that event our liability shall be limited so as referred to in clause 13.3.
13.3. Subject to clause 13.2, 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. 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 for the purchase of Products via our site
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 for the purchase of Products via our site, except as provided in clause 13.5.
13.4. 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, cause or action which by mandatory law may not be limited or excluded.
14.1. You have the right to a Product that is in conformity with our Contract. Should the Product not be in conformity with the Contract, you have certain statutory rights of remedy, including but not limited to the right to dissolve the Contract. However, we will not be liable for 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. The aforementioned is without prejudice to your right to dissolve the Contract (in accordance with clause 7.1 or your other statutory rights to dissolution).
15.1. We guarantee that the Products fulfill the Contract, the specifications stated in the offer, the reasonable requirements of reliability and the statutory stipulations and/or government regulations that existed on the date that the Contract was concluded.
15.2. Any extra guarantee arrangement offered by us or the manufacturer can never affect your statutory rights and claims that you can enforce against us on the grounds of the Contract if we fail to fulfil his part in the Contract. An extra guarantee is defined as every commitment of us or the manufacturer that grants you rights or claims, in excess of those provided by law.
16.1. When we refer, in these Terms, to "in writing", this will include e-mail.
16.2. You can contact us for any reason using the following means:
(a) E-mail at firstname.lastname@example.org;
(b) Telephone at +41 (0)32 919 9600.
16.3. 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.
17.1. 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, including your statutory right to dissolve the Contract in case of such transfer.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. These Terms, all Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract including these Terms (including non-contractual disputes or claims) are governed by Swiss law. However, this choice of law does not impair the protection that you have based on mandatory (consumer) law of the country in which you reside.