CONDITIONS OF SALE
BAUME & MERCIER AUSTRALIA E-BOUTIQUE & CLIENT RELATIONS CENTER
Last updated: May 2021
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 sales of products that you (the “Customer” or “you”) may order from Richemont Australia Pty. Limited, Level 8, 74 Castlereagh Street, Sydney NSW 2000, Australia (“Baume & Mercier”, or referred to herein as “us”, “our” or “we”) on the Internet via the Baume & Mercier Website, identified by the domain name https://www.baume-et-mercier.com/ (the “Website”) or by phone (+61 1 800 512360) via the customer contact center of Baume & Mercier (the “Client Relations Center”). For the avoidance of doubt, the E-boutique Website will be available at a later stage.
These Conditions of Sale are applicable to any order placed through the Client Relations Center or the Website. 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 or physical points of sale are not subject to these Conditions of Sale.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of eighteen (18), (b) have legal capacity to enter into contracts and (c) have a shipping address in the country or countries listed in Clause 14 may order products through the Client Relations Center or on the Website. If you are under the age of eighteen (18) 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.
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.
3. PRODUCT AVAILABILITY, QUANTITY
All orders placed through on the Website are subject to availability and acceptance by Baume & Mercier.
Quantity limits may apply in relation to certain products. Baume & Mercier further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
4. ACCOUNT REGISTRATION, GUEST CHECKOUT
In order to place an order, you or the Baume & Mercier Ambassador (on your behalf) may either register and create an online account or place an order as a guest without creating an online account by selecting the "Guest Checkout" option.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, you may 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”. You may also remove one or several products you have selected from the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions”. Then, place your order.
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 or the policies incorporated herein by reference.
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 Australian 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 honoured 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) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below and specified on the Website. 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 location and options.
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.
We accept the methods of payment offered on the Website or through the Client Relations Center.
When ordering on the Website, you will need to enter your payment details on the appropriate form. In the case of an order placed 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).
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.
In order to process your order, we may perform security checks on your credit card. The full 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 point in 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 security checks, 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.
Where we offer PayPal/Alipay/WePal as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.
8. PAYMENT BY BANK WIRE TRANSFER
Wire transfer payment is available through the Client Relations Center. All customers must provide proper form of identification when making a purchase by bank wire transfer. Baume & Mercier does not charge a fee for bank wire transfers; however, some financial institutions will charge a fee for using a bank wire transfer.
Baume & Mercier requires that all bank wire transfer orders by phone be confirmed through an order approval process. Baume & Mercier may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by Baume & Mercier by email. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
9. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order. 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.
10. ACKNOWLEDGEMENT OF ORDER
Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order in writing (by email or otherwise), acknowledging the details of your order. 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 credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
These Conditions of Sale will be provided to you with the Acknowledgement of Order. Please carefully review these Conditions of Sale upon receipt.
11. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Baume & Mercier of its anti-fraud, security and related legal checks, Baume & Mercier will send you in writing (by email or otherwise) a written Confirmation of Order.
The Written Confirmation of Order constitutes the acceptance of your order by Baume & Mercier and indicates the existence of a binding sales contract.
12. PROOF OF AGREEMENT
The Acknowledgement of Order and Confirmation of Order that are sent to you are deemed to be received when you are able to access them.
The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Website will be proof of a binding agreement between you and Baume & Mercier.
13. COMPLIMENTARY SERVICES
Engraving may be available on a selection of products. If you wish to have your product engraved or adjusted, please provide the details on the Website or to the Client Relations Center.
Baume & Mercier reserves the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to Baume & Mercier policies.
Personalized products cannot be returned to Baume & Mercier for refund or exchange.
14. SHIPPING POLICY
We only accept orders for delivery to addresses in Australia. Please note that Baume & Mercier does not ship to military or certain restricted areas, PO boxes, or hotels.
If you order several products, Baume & Mercier will ship the order only once all products are available (no partial shipments).
We will use commercially reasonable efforts to deliver the products, or to ensure the delivery by our third-party shipping provider, on the estimated delivery date mentioned in your order.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Please note that it is always subject to receiving your full payment.
We will require a handwritten or electronic signature by you, or an adult acting on your behalf, to confirm the delivery of each Baume & Mercier product, at which point responsibility for your purchased goods passes to you.
When ordering products on the Website or Client Relations Center, you will receive, as the buyer, an invoice that will be sent to in writing (to your email address as a .pdf attachment or otherwise). You may also at any time later request an invoice by calling the Client Relations Center. Baume & Mercier may request that you provide proper identification as a condition to comply with such request.
17. RETURN POLICY
In order to ensure your satisfaction, you may return Baume & Mercier products delivered in the country or countries listed in Clause 14, 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 you.
17.1. Return Period
Baume & Mercier allows you to return in the country or countries listed in Clause 14, Baume & Mercier products purchased on the Website or though the Client Relations Center within fourteen (14) days from the day you received your product, subject to the further terms and conditions set forth below.
17.2. Return Process
Products that have been purchased on the Website or through the Client Relations Center may only be returned to the Baume & Mercier e-boutique distribution center at the address of the Baume & Mercier Returns Department, as provided by the Baume & Mercier Client Relations Center, or in selected Baume & Mercier retail boutiques, in accordance with these Conditions of Sale.
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.
To return a product to the Baume & Mercier e-boutique distribution center, you must follow the steps mentioned below:
i) Please, call the Client Relations Center (telephone number indicated on the Website) to agree on a pick-up date by our logistics partner UPS. You may be asked at this stage to provide photos of the product for us to make a first assessment of the condition of this product,
ii) The Client Relations Center will send you a Return Form and pre-paid airway bill by email, after an initial assessment based on the photos of the product,
iii) Please, fill out the required information on the Return Form and sign it,
iv) You must include in the delivery package, the completed Return Form along with the product, all its accessories, the Service Guide, the Warranty Card and all other documents, in their original box,
v) Please, seal the delivery package and affix the pre-paid airway bill outside it,
vi) On the agreed date, UPS will pick-up the sealed delivery package.
You 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 or exchange.
17.3. Condition of Returned Products
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.
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 (if applicable), as well as with the original Baume & Mercier box and delivery package, including all accessories and documents. 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.
Personalized products cannot be returned to Baume & Mercier for refund or exchange. This includes, without limitation, products that have been engraved or leather straps that have been adjusted.
If you have received free items as part of your order, they must be returned with the products.
Watch bracelets that have been adjusted at your 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 you. If the returned product satisfies Quality Control (QC), Baume & Mercier will proceed with the applicable refund or exchange.
Failure to comply with the return process above or the return conditions will entitle Baume & Mercier to refuse the returned product and send it back to you, at your own cost.
You may return a product purchased on the Website or through the Client Relations Center for refund, provided that the return complies with these Conditions of Sale.
Should a product be returned to the Baume & Mercier e-boutique distribution center, only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Baume & Mercier Product as a gift (i.e. a “the Gift Recipient”) be entitled to receive a refund.
If the return complies with these Conditions of Sale, Baume & Mercier will use commercially reasonable efforts to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction, within fourteen (14) days after receipt of the returned item by the Baume & Mercier e-boutique distribution center. Except for delivery of an originally defective product (as defined below), initial shipping charges will not be refunded.
You may return a product purchased on the Website or through the Client Relations Center for exchange with another Baume & Mercier product, provided that the return complies with these Conditions of Sale.
In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.
Should a product be returned to the Baume & Mercier e-boutique distribution center for exchange with a less expensive product, only the original buyer of the returned product will be entitled to receive a refund of the price difference.If a product is returned for exchange with a more expensive product, you will have to pay the price difference.
18. MANUFACTURER’S GUARANTEE
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.
Selected products are covered by the Baume & Mercier International Guarantee. If you wish to repair a product covered by the Baume & Mercier International Guarantee, please refer to the Baume & Mercier International Guarantee, and call our Client Relations Center for more information.
If you receive a product that is covered by the Baume & Mercier International Guarantee and seems to have defects originally caused by Baume & Mercier (originally defective), please return it to Baume & Mercier in accordance with the return process above.
19. LEGAL GUARANTEE
The rights contained in these Conditions or Sale are in addition to other rights and remedies available to you under law, which may not be excluded. In addition to your rights under these Conditions of Sale, all Baume & Mercier products come with guarantees that cannot be excluded under the Australian Consumer Law. If your Baume & Mercier products are defective, you are entitled to a replacement or refund for a major failure or may be entitled to recover costs for an amount for the reduction in the product’s value and in some cases compensation for damages or loss. You are also entitled to have the goods repaired if the goods fail to be off acceptable quality and the failure does not amount to a major failure.
For any repair inquiries relating to a product ordered online, please contact our Client Relations Center (telephone number and email address indicated on the Website).
21. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While Baume & Mercier endeavours to verify the accuracy of any information it places on the Website, in advertisements or catalogues or as provided by the Client Relations Center, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Baume & Mercier does not confirm the price of a Baume & Mercier product until an Order Confirmation 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, if Baume & Mercier cannot obtain your instructions, reject the order and notify you of such rejection. If the order is rejected and you have already paid for the product, you will receive a full refund.
22. FINAL PROVISIONS
Information and complaints. In case of any inquiry or complaint please contact our Client Relations Center on the telephone number and email address indicated on the Website.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
23. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of New South Wales, Australia.
The courts of New South Wales, Australia shall have [exclusive] jurisdiction over any disputes arising out of or in connection with these Conditions of Sale.
Without any restriction to bring proceedings before a court, you and Baume & Mercier will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.