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 that you have reached the age of majority or legal age in your jurisdiction (typically being 18 years old or older) and only if you can enter into legally binding contracts under applicable law. 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.
This site is operated by LVMH Watch & Jewelry USA, Inc. (d/b/a TAG Heuer), 966 South Springfield Ave., Springfield NJ 07081, or one of its affiliated entities within the TAG Heuer group of worldwide companies (sometimes referred to as “TAG Heuer”, “us” or “we www.tagheuer.com.
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 on firstname.lastname@example.org or by phone or 1-855-824-1860 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.
5.4. We have the right to cancel any order placed by a customer with whom we have had a dispute concerning a prior order, if shipment of an order would violate applicable law, or if we have a reasonable ground to suspect that such customer has violated these Terms, or is or appears to be engaged in fraudulent or grey market activities
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. Notwithstanding the foregoing, notice of any revisions may be by email to you at the last email address you provided us or by other means, consistent with applicable law.
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 within 30 days of delivery of the original item, at our expense, and we will reimburse you in accordance with the process detailed in clause 7.2 below.
7.2. To return an item and be reimbursed, please follow our return and refund process included in your parcel or through this link..
7.3. Please note: a return authorization must be initiated within 30 days of receiving the order and the Product returned 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 return if the Product shows signs of wear, damage 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 or customized Products are considered as final sale and 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. We may in our sole discretion issue refunds either directly in USD or using BitPay to those who use BitPay for purchases. If we are issuing a refund using BitPay, we will issue the refund in USD. BitPay will convert the USD amount to cryptocurrency at the conversion rate applicable at the time of the refund. Please note that you will incur certain fees in connection with refunds issued using BitPay. The BitPay terms and conditions which will apply can be found at: https://bitpay.com/legal/shopper-terms-of-use/.
8.1. We do not charge our clients for shipping and handling. We normally send all merchandise using a reliable carrier. Depending on the country of delivery, please allow 3 to 14 calendar days for delivery once you have received the Dispatch Confirmation.
8.2. Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.
8.3. For orders totaling over US$ 50,000, a TAG Heuer Customer Service Representative will contact you to arrange delivery.
8.4. Please note that you might experience a delay on the delivery due to customs requirements of your home country.
8.5. Please note that the Products might be subject to local customs charges.
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 VAT (where applicable) at the applicable current rate chargeable in Switzerland 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. 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, 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 United States Dollars but exclude sales, use and other taxes. You agree to pay all applicable taxes.
10.2. There are several ways and options to pay for Products. You can pay for Products (1) using a debit card or credit card, (2) with your bank account, (3) using BitPay, or (4) using Klarna, subject to the terms below.
a) You will pay in full the prices for any purchases of Products you make either by credit, debit card, or BitPay concurrent with your online order or by other payment means acceptable to us
b) We accept bank transfer for orders on our online TAG Heuer boutique. In the process of wire transfer, the order will not be processed until the payment has been received in full and confirmed by us by e-mail. After placing your order, payment should be credited into our bank account within seven days. If your payment has not reached our bank account within seven days, your order may be cancelled
e) You will provide current, complete, and accurate purchase and account information for all purchases of our Products. You will promptly update your account and other information, including but not limited to your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, BitPay or Klarna account, bank account, or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. We may take steps to verify the accuracy of information you provide.
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:
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
10.5. 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. We only supply the Products for domestic and private use. You agree not to use the Products 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.
11.2. We may provide you with access to third-party tools, content, or services (collectively “Third-Party Tools”) over which we neither monitor nor have any control nor input, such as BitPay and Klarna WE PROVIDE ACCESS TO SUCH THIRD-PARTY TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THIRD-PARTY TOOLS. ANY USE BY YOU OF THIRD PARTY TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
11.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PRODUCTS EVEN IF FORESEEABLE.
11.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES 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 THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO US FOR THE PURCHASE OF PRODUCTS VIA THE WEBSITE WHICH PRODUCT(S) IS THE SUBJECT OF THE CLAIM.
SECTION 11.3 AND 11.4 SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE EVENT THAT WE ENGAGED IN GROSS NEGLIGENCE, FRAUD, WILLFUL OR RECKLESS MISCONDUCT, OR WHERE SUCH SECTION(S) VIOLATE A CLEARLY ESTABLISHED RIGHT OF A CONSUMER UNDER NEW JERSEY LAW. FURTHER WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR:.
(A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE:
(B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR;
(C) ANY MATTER WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED.
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 any event or circumstance, whether or not foreseeable, outside of our reasonable control, including but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, pandemics, national health emergencies, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government, loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or any other event or circumstance 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:
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.
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING ANY PRODUCTS ORDERED OR PROVIDED VIA THE SITE EXCEPT AS EXPRESSLY SET FORTH HEREIN, 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, 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:
(a) E-mail at email@example.com;
(b) Telephone on 1-855-824-1860.
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. The Connected Watch Trade-In program (the “Program”) operated in the United States by LVMH Watch & Jewelry USA, Inc. (d/b/a TAG Heuer), 966 South Springfield Ave., Springfield NJ 07081 (“TAG Heuer,” “we,” “us,” or “our”) provides you with the option to receive a credit in exchange for trading in your current TAG Heuer Connected from previous generations (the “Current Watch”), subject to the purchase of the latest generation of the TAG Heuer Connected watch commercially released by TAG Heuer in 2022 (the “New TAG Heuer Connected”). The Program is effective as of February 10, 2022 (the “Effective Date”) subject to the terms and conditions below (the “Trade-In Terms”). By participating to the Program, you agree to and are bound by these Trade-In Terms.
15.2. The Program may not be available in all TAG Heuer stores. Please refer to our web page https://www.tagheuer.com/storesto find the list of TAG Heuer selected stores where the Program is available (the “TAG Heuer Selected Stores”). You can also benefit from the Program after you have purchased a New TAG Heuer Connected on our website by following the process set out in paragraph 7.
15.3. Your Current Watch will be eligible to the Program if it belongs to one of the eligible generations of TAG Heuer Connected watches (for more information on the eligible generations, please visit our Program web page on https://www.tagheuer.com/smartwatches/connected-trade-in.html or ask a customer advisor in one of our TAG Heuer Selected Stores) if we can confirm the authenticity of Your Current Watch and if its serial number is perfectly legible. TAG Heuer reserves the right to reject specific watches based on their condition, including, but not limited to, if the authenticity of the watch cannot be confirmed.
15.4. You will be eligible to trade in your Current Watch and receive a trade-in credit (the “Trade-In Credit”) toward the purchase of the New TAG Heuer Connected as of the Effective Date of the Program. The amount of your Trade-In Credit will vary, as set and modified unilaterally by TAG Heuer from time to time, depending on the generation of your Current Watch. Please refer to our Program web page or ask a customer advisor in one of our TAG Heuer Selected Stores for the most up-to-date information on the applicable Trade-In Credit values.
15.6. TAG Heuer Selected Stores: To participate in the Program in one of our TAG Heuer Selected Stores, you must purchase a New TAG Heuer Connected in the store while trading in your Current Watch. When you present your watch for trade-in, we will first confirm its eligibility and provide you with the value of the Trade-In Credit. Provided that you wish to proceed, you will receive your Trade-In Credit toward the concurrent purchase of a New TAG Heuer Connected. The title and ownership of your Current Watch transfers automatically and permanently to TAG Heuer upon the completed purchase of your New TAG Heuer Connected with the Trade-In Credit. By participating in the Program and giving us your Current Watch, you represent and warrant that you are the sole legal owner of the Current Watch and you agree that you shall indemnify TAG Heuer from any claims that the trade in of the Current Watch was not duly authorized, that you were not the legal owner of the Current Watch, or that you did not have the right to transfer ownership to TAG Heuer, for example due to third parties’ rights. You also recognize and agree that once title in your Current Watch has transferred to TAG Heuer, your Current Watch shall not be returned to you under any circumstances.
15.7. TAG Heuer e-commerce website: To participate in the Program via online purchase, you must first complete your purchase of the New TAG Heuer Connected on our e-commerce site at tagheuer.com. You will then need to contact our Customer Care team within thirty (30) calendar days following delivery of your New TAG Heuer Connected to initiate the trade-in process. TAG Heuer shall not accept any trade-ins that are not initiated within thirty (30) calendar days of such delivery. Our Customer Care team will then provide you with (i) instructions to perform an initial assessment of the eligibility of your Current Watch and of the applicable Trade-In Credit (note that you can also contact our Customer Care team to perform such initial assessment before purchasing your New TAG Heuer Connected), (ii) instructions and timing requirements for the shipment of your Current Watch to us if the initial eligibility assessment is positive and (iii) a prepaid shipping label which you must use to return your Current Watch. If you return your Current Watch other than via the prepaid shipping label, the shipment will be at your sole expense. If you do not contact our Customer Care team by the end of the thirty (30) calendar day period or ship your Current Watch within the time period instructed to you by our Customer Care team, the benefit of the Program will be void and your Current Watch will no longer be eligible for the Trade-In Credit.
Upon receipt of your Current Watch shipped in accordance with our instructions, our Customer Care team will proceed to a final confirmation of your Current Watch’s eligibility and of the applicable Trade-In Credit and communicate such confirmation to you. After such confirmation and once the return period applicable to the purchase of your New TAG Heuer Connected has expired (see paragraph 13), the title and ownership of your Current Watch will be transferred to us and paragraph 8 will apply. We will then proceed to pay you the amount of your Trade-In Credit after the end of the return period applicable to your New TAG Heuer Connected, in the same currency and through the same payment method used for your purchase of the New TAG Heuer Connected. If we conclude that your Current Watch is not eligible to the Program pursuant to the Trade-In Terms, our Customer Care team will inform you accordingly and we will return your Current Watch to you, at our expense.
15.8. By participating in the Program, you understand and agree that once the title and ownership of your Current Watch is transferred to TAG Heuer, TAG Heuer will initiate a disposal process for the Current Watch which will mean that the Current Watch cannot be recovered or returned. You disclaim any and all right or title in and to your Current Watch once it has been transferred to TAG Heuer, including the right to collect, as applicable, its value other than through the received Trade-In Credit.
15.9. Prior to trading in your Current Watch, you must perform a factory reset to remove all of your personal information from your Current Watch. By trading your Current Watch in, you represent and warrant that you have performed such factory reset and removed all personal information from your Current Watch accordingly. TAG Heuer shall not be responsible for the handling, disclosure or any other processing of any private information that you have not removed from your Current Watch prior to your providing it to TAG Heuer.
15.10. You must use the following methods of payment for the purchase of your New TAG Heuer Connected under the Program: all major debit or credit cards, Paypal (for online purchases only) or wire transfer in certain TAG Heuer Selected Stores depending on countries. Cash payments are also accepted in certain TAG Heuer Selected Stores, to the extent permitted by law and by our internal policies. Other methods of payment (e.g., payment in instalments or through financing) are not available for a purchase under the Program.
15.11. Multiple Trade-In Credits cannot be combined for a single purchase of a New TAG Heuer Connected.
15.12. Returns – General: Taking part in the Program does not affect your right to return your New TAG Heuer Connected in accordance with our applicable return policies, subject to paragraphs 4, 7 and 8.
15.13. Returns – Online: For returns of the New TAG Heuer Connected purchased on our website, we will reimburse you the purchase price in the same currency and through the same payment method used for the purchase of your New TAG Heuer Connected in accordance with our online terms and conditions of sale which can be found on https://www.tagheuer.com/legal/terms.html and the benefit of the Program will be cancelled. If you return your New TAG Heuer Connected during the applicable return period and you have sent us your Current Watch to receive Trade-In Credit, we will return your Current Watch to you at our expense and you will not receive Trade-In Credit.
15.14. Returns – TAG Heuer Selected Stores: Returns of the New TAG Heuer Connected purchased in TAG Heuer Selected Stores shall be subject to the applicable return policy of the store where the New TAG Heuer Connected has been purchased. Please ask the customer advisors in your TAG Heuer Selected Store for additional information on any such return policy.
15.15. TAG Heuer reserves the right to exclude from the Program certain specific models or editions of the New TAG Heuer Connected collection.
15.16. The Program is only available to consumers who will purchase the New TAG Heuer Connected for domestic and private use. The purchase of a New TAG Heuer Connected with the intention of reselling it is strictly prohibited under the Program.
15.17. The Program cannot be combined with any other promotions, discounts or offers unless specifically provided for in the terms and conditions of such offers.
15.18. TAG Heuer reserves the right to terminate, adapt or amend the Program, including the Trade-in Credit values, the eligibility criteria, the trade-in conditions and the Trade-In Terms at any time.
15.19. The Program eligibility or the Trade-In Credit offered by TAG Heuer are not transferrable to any person other than you, as the owner of a Current Watch or a New TAG Heuer Connected.
15.20. TAG Heuer reserves the right to decline or cancel your participation in the Program, if we believe that your participation is in furtherance of an illegal or fraudulent purpose.
15.21. Each of the paragraphs of these Trade-In 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.
15.22. These Trade-In Terms supersede and cancel prior agreements or terms covering the previous trade-in program launched on June 1, 2021.
15.23. Other than as specified in these Trade-In Terms, our standard terms and conditions for the sale of TAG Heuer products will also govern your purchase of the New TAG Heuer Connected. In case of inconsistency or conflict between the Trade-In Terms and our standard terms and conditions, the Trade-In Terms shall prevail.
15.24. These Trade-In Terms are governed by New York law and the state and federal courts of New York will have exclusive jurisdiction.
16.1. Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party
16.2. 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.
16.3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing
16.4. This Contract is between you and us. Except as expressly set out in this clause 16, 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.
16.5. 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, provided that the parties nevertheless agree that the court should endeavor to give maximum effect to the parties' intentions as reflected in the provision.
16.6. 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.
16.7. These Terms are governed by and shall be interpreted pursuant to the laws of the State of New York without regard to any conflict of law provision.
16.8. You agree to bring any and all claims in connection with any disputes arising out of or related to the purchase or use of the Products or these Terms exclusively in the Federal or State Courts located in New York County, New York and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the purchase or use of the Products or these Terms