CONDITIONS OF SALE BAUME & MERCIER CLIENT RELATIONS CENTER

    1. GENERAL

    The following terms and conditions and any other related rules that are adopted by Baume & Mercier and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all Baume & Mercier sales of products that you (the “Customer” or “you”) may order from Baume & Mercier North America, Division of Richemont North America, a corporation organized and existing under the laws of Delaware and having its corporate headquarters at 645 Fifth Avenue, 7th Floor, New York, NY 10022, U.S.A (“Baume & Mercier” or referred to herein as “us”, “our” or “we”) by phone (1.800.MERCIER) via the client relations center of Baume & Mercier (the “Client Relations Center”) or (b) on the Internet via Baume & Mercier’s Website, identified by the domain name www.baume-et-mercier.com (the “Website”).

    These Conditions of Sale apply only to sales made through the Client Relations Center or the Website. Baume & Mercier may modify the Conditions of Sale from time to time, at its sole discretion. However, the Conditions of Sale applicable to any order placed through the Client Relations Center or the Website are those in force at the time that an order has been placed on your behalf by a Baume & Mercier Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Website before placing your order with Baume & Mercier, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Baume & Mercier products from the Website or the Client Relations Center. Sales concluded through Baume & Mercier authorized retailers are not subject to these Conditions of Sale.

    Please read the Conditions of Sale and check our Website on a regular basis to be informed of any changes. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Client Relations Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.

    2. PURCHASING ELIGIBILITY

    Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Website. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.

    By placing an order through the Client Relations Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Baume & Mercier products or purchase Baume & Mercier products for commercial purposes or any other commercial benefit. If Baume & Mercier believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that the Customer is engaging in fraudulent or grey market activities, then Baume & Mercier may refuse such order.

    3. PRODUCT AVAILABILITY; QUANTITY

    All orders placed through the Client Relations Center or on the Website are subject to availability and acceptance by Baume & Mercier.

    Baume & Mercier reserves the right to change the assortment of items proposed on the Website or through the Client Relations Center and may limit from time to time the quantity of Baume & Mercier products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) products in any buying session on the Website or through the Client Relations Center.

    The Client Relations Center and the product pages on the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying a “Shopping Bag” or “Purchase” icon are available for sale through the Website. Baume & Mercier reserves the right to change from time to time the assortment of items offered on its product pages. You may also call the Client Relations Center (1.800.MERCIER) and a Baume & Mercier Ambassador will provide you with further information as to product availability and assist you with your purchase.

    4. ACCOUNT REGISTRATION; PERSONAL INFORMATION, GUEST CHECKOUT

    In order to place an order through the Client Relations Center or on the Website, you or the Baume & Mercier Ambassador (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option that is only available on the Website. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

    If you select the “Guest Checkout” option, you will have the option to create your Baume & Mercier online account upon receiving the Order Confirmation. Please note that in such case, your Baume & Mercier online account will not include transactions made prior to the creation of your account.

    Upon completion of your account registration on the Website or by the Baume & Mercier Ambassador, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Baume & Mercier will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.

    We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and Clause 8 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Website, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.

    Should any of the information you provide to the Client Relations Center or on the Website change, please log in to your account and update such information directly on the Website, inform the Client Relations Center or notify Baume & Mercier at the following e-mail address: eboutique.us@baume-et-mercier.com or as set out in our Privacy Policy. Moreover, in the event that Baume & Mercier reasonably suspects that a third party has breached a customer's registration, password and/or account login, Baume & Mercier shall immediately cancel and terminate such account, and notify you by email or telephone.

    5. ORDERS

    If you are ordering on the Website, orders will be processed as follows: once you have chosen a product, click on the “Purchase” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Confirm Purchase” to place your order.

    When ordering by telephone through the Client Relations Center, a Baume & Mercier Ambassador will assist you with the order process. Orders by phone shall be placed through the Client Relations Center (1.800.MERCIER). 

    When placing an order through the Client Relations Center or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Baume & Mercier is true and correct to the best of your knowledge. Baume & Mercier or its third party providers may collect additional information at this time for security and anti-fraud purposes. 

    Notwithstanding anything to the contrary provided for herein, Baume & Mercier reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Baume & Mercier may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Baume & Mercier suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

     

    6. PRICES, TAX AND SHIPPING COSTS

    All prices shown on the product pages of the Website or quoted by the Client Relations Center are in U.S. Dollars.

    Baume & Mercier reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Center, at the time Baume & Mercier provides you with a Confirmation of Order, will be honored by Baume & Mercier.

    Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Website order) or will be quoted by the Client Relations Center (in the case of a telephone order), and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery options.

    The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

     

    7. REVIEW AND CONFIRMATION

    You should carefully check and confirm all details on the payment page before placing your order through the Website, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Baume & Mercier Ambassador will verbally ask you to confirm the details of your order.

    8. PAYMENT BY CREDIT CARD

    Baume & Mercier accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner’s Club and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted. All credit/debit card holders must also have a United States of America billing address.

    When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Client Relations Center your credit/debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions.

    All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Baume & Mercier, you will need to contact your card issuer directly to solve this problem, and Baume & Mercier will not be liable for any delay or non-delivery.

    In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Baume & Mercier, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Baume & Mercier products on the Website or through the Client Relations Center, you expressly authorize Baume & Mercier to perform such credit card pre-authorization and, where Baume & Mercier deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

    Baume & Mercier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Baume & Mercier uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

    In order to secure your transaction and prevent fraud, Baume & Mercier will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Baume & Mercier to perform such checks and, where Baume & Mercier deems necessary, to transmit or obtain information that you have provided to Baume & Mercier about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

    9. PAYMENT BY PAYPAL

    You may also pay by using PayPal, as indicated on the Website.

    10. ACKNOWLEDGMENT OF ORDER

    Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Baume & Mercier. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Baume & Mercier will conduct its usual security and anti-fraud checks and then process your order.

    11. CONFIRMATION OF ORDER

    Upon shipment of your order, following completion by Baume & Mercier of its anti-fraud and security checks, Baume & Mercier will send you by email or by fax a Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Baume & Mercier and indicates the existence of a binding sales contract.

    12. COMPLIMENTARY SERVICES;

    The following complimentary services will be proposed, free of charge, by the Client Relations Center:

    12.1. Gift wrap, Baume & Mercier bag, and Baume & Mercier special packaging

    All packages are delivered gift wrapped, with a Baume & Mercier bag and in Baume & Mercier special packaging.

    12.2. Engraving;

    Engraving is available on several watches.

    If you wish to have your Baume & Mercier engraved, please provide the details on the Website or to the Baume & Mercier Ambassador.

    Engraved Baume & Mercier products cannot be returned to Baume & Mercier for exchange or refund.

    12.3. Watch Bracelet adjustment

    Bracelet adjustment is available on certain watches. If you require a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.

    12.4. Gift note

    You may personalize your order by adding a personalized note that will be printed by Baume & Mercier on a gift card to be included in your order package. If you have ordered several products, you may individually personalize several gift cards in the package that contains your order.

    13. SHIPPING POLICY;

    We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Baume & Mercier does not ship to PO boxes, APO/FPO addresses or hotels.

    Standard shipping (5-7 business days) is free of charge. Saturday will not be considered as a regular business day with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Client Relations Center. This service as well as express shipping may incur more specific charges. Please contact the Client Relations Center (1.800.MERCIER) for more specific information.

    When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email or by fax.

    Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the Client Relations Center will contact you to propose other arrangements and refund charges associated with your express delivery.

    Each delivery package will contain, in addition to your purchased Baume & Mercier product: (i) all related accessories, if any, (ii) a thank you card; (iii) Product User Guide, as applicable, and the Warranty Card;(iv) these Conditions of Sale; (v) a printed gift note(s) containing your message, if so requested by you when you place your order; (vi) the return form and pre-paid return label and (vii) the packing slip without price.

    When ordering products on the Website or through the Client Relations Center, you, as the Customer, will have the option to request that an invoice be emailed to you or sent to your billing address via regular mail. You may also at any time later request an invoice by calling the Client Relations Center (1.800.MERCIER). Please note that Baume & Mercier may request that you provide proper identification as a condition to complying with such request.

    Baume & Mercier insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Baume & Mercier product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Baume & Mercier and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

    14. RETURN POLICY

    In order to ensure your total satisfaction, a Customer or a recipient of a gift of Baume & Mercier products (a “Gift Recipient”) may return Baume & Mercier products in accordance with the return and exchange policy set forth below. Returns of Baume & Mercier products that are not in compliance with the conditions and timeframes set forth below may be rejected by Baume & Mercier and will be sent back to the Customer or Gift Recipient, as the case may be.

    14.1. Return Period

    Baume & Mercier allows the Customer or Gift Recipient to return Baume & Mercier products purchased on the Website or through the Client Relations Center within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.

    14.2. Return Process

    Products that have been purchased on the Website or through the Client Relations Center may be returned to the Baume & Mercier e-boutique distribution center, at the following address: RNA Logistics, Attention: E-Commerce Returns, 2710 Regency Drive, Suite 500, Grand Prairie, TX 75050.

    Products that have not been purchased on the Website or through the Client Relations Center may NOT be returned to the Baume & Mercier e-boutique distribution center.

    If a Customer or Gift Recipient wishes to return a product to the Baume & Mercier e-boutique distribution center, then such person must comply with the following steps:

    i) Call the Client Relations Center at 1.800.MERCIER to request a Return Authorization Number (RAN). This number is required prior to returning any product to Baume & Mercier, ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it, iii) Include the completed return form with the product, all its accessories, the User Guide, the Warranty Card and all other documents, in its original box and delivery package,

    iv) Seal the delivery package and affix the pre-paid delivery label to it,

    v) Bring the package to any Fedex location or call Fedex to arrange pick-up.

    Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Baume & Mercier and the Customer or Gift Recipient, as the case may be, agree that Baume & Mercier maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Baume & Mercier is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.

    The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Baume & Mercier accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Baume & Mercier e-boutique distribution center will be eligible for a refund.

    Upon receiving a return, Baume & Mercier will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

    14.3. Conditions to Return a Product

    Baume & Mercier products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. Baume & Mercier will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

    Engraved Baume & Mercier products cannot be returned to Baume & Mercier for exchange or refund.

    Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.

    All returns will be subject to strict Quality Control (QC) by Baume & Mercier to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Baume & Mercier will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Baume & Mercier will proceed with the applicable refund or exchange.

    14.4. Refunds and Merchandise Credit

    Should a product be returned to the Baume & Mercier e-boutique distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.

    Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the Baume & Mercier e-boutique distribution center, if a Customer’s return complies with the return policy, Baume & Mercier will use reasonable efforts to credit the refund to the Customer’s credit card or Paypal account no later than fourteen (14) days after receipt of the returned item by the Baume & Mercier e-boutique distribution center.

    14.5. Exchanges

    Customers and Gift Recipients may be permitted to exchange a product purchased on the Website or through the Client Relations Center for another Baume & Mercier product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery.

    Baume & Mercier will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below.

    Should a product be returned for exchange to the Baume & Mercier e-boutique distribution center by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Baume & Mercier product. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.

    14.6. Defective products

    Baume & Mercier is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

    If nevertheless you receive a product that seems to be damaged, you may return it to Baume & Mercier in accordance with the return policy. Upon receipt, Baume & Mercier may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.

    If your product is declared as defective by Baume & Mercier, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:

    i) Baume & Mercier may send you the same product in the exact same size, subject to availability,

    ii) Baume & Mercier may propose an exchange for another Baume & Mercier of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or

    iii) Only you, as the Customer, may request a refund of the full price of your initial purchase.

    15. REPAIRS

    For any repair inquiries, please contact our Client Relations Center by emailing eboutique.us@baume-et-mercier.com or by calling 1.800.MERCIER.

     

    16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

    WHILE BAUME & MERCIER ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CUSTOMER CONTACT CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. BAUME & MERCIER DOES NOT CONFIRM THE PRICE OF A BAUME & MERCIER PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY BAUME & MERCIER, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A BAUME & MERCIER PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN BAUME & MERCIER WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION.

    WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE BAUME & MERCIER PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, BAUME & MERCIER DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT ARE ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

    17. ENTIRE AGREEMENT

    The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Baume & Mercier regarding your purchase of Baume & Mercier products through the Client Relations Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Baume & Mercier in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

    18. NO WAIVER

    No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

    19. GOVERNING LAW; ARBITRATION OF CLAIMS

    The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Baume & Mercier product purchased on the Website or through the Client Relations Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. ;The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. ;Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

    Last Revised: July 21, 2015