CONDITIONS OF SERVICE
BAUME & MERCIER SERVICE REPAIR FOR THE U.S.A.
Last updated: April 18, 2019
About Baume & Mercier and These Conditions of Service
These Conditions of Service apply to any diagnosis and/or repair services that you may order from Baume & Mercier, a division of Richemont North America, Inc., by email, by phone via our Baume & Mercier Client Relations Center (the “Client Relations Center”) or by postal mail (the “Services”, and each such order a “Service Order”). These Services are available exclusively in the U.S.A.
Baume & Mercier, a division of Richemont North America, Inc., has its registered offices at 645 Fifth Avenue, New York, NY 10022 (“Baume & Mercier” and "we", "us" and "our").
Please read these Conditions of Service carefully. These Conditions of Service apply exclusively to Service Orders that you validate and accept by email, phone or postal mail (together the “Sales Channels”), and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for the Services, you will be asked to agree to these Conditions of Service. If you do not agree to the terms set forth in these Conditions of Service, you will not be able to order any Services through the Sales Channels. Service Orders concluded at Baume & Mercier authorized retailers are not subject to these Conditions of Service.
Updates to These Conditions of Service
We may make changes from time to time to these Conditions of Service. The latest version of these Conditions of Service will always be available on the website www.baume-et-mercier.com/en-us and any associated mobile or digital applications that refer to these Conditions of Service (together, the “Platforms”). Any new version of these Conditions of Service shall take effect immediately upon the date of posting and will govern any Service Orders made as from that date. Any changes to the Conditions of Service made after you have placed a Service Order will not affect that order and your relationship with us, except as may be required by applicable law.
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) have a shipping address in the continental United States of America, Alaska, Hawaii or the District of Columbia, may order the Services through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place a Service Order on your behalf and they will be asked to agree to these Conditions of Service.
By placing a Service Order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not use, deliver, sell or otherwise market or purchase the Services for commercial purposes. If despite our efforts, the Service is no longer available or we believe, for legitimate grounds, that a Service Order would violate these Conditions of Service, we may refuse such order.
Only genuine Baume & Mercier products are eligible for Services.
Request For Service
You may request Services through the Sales Channels by contacting the Client Relations Center who will explain to you the process set out below and will send you a Shipping Kit with the necessary material for you to send us your product for Service. The Shipping Kit will contain a Service Request Form (the “Service Request Form”), which you will be required to complete with personal information, information about your product and a description of the problem. You will be required to sign the completed Service Request Form and to accept these Conditions of Service. Please carefully review these Conditions of Service prior to accepting them.
By signing the Service Request Form, you place a Service Order for diagnosis of your product and an estimate proposal in accordance with the terms of the Service Request Form and the present Conditions of Service. A handling and freight charge, as well as a return unrepaired fee, may apply as set forth below.
In the event that you requested a battery replacement and our diagnosis confirms that only a battery replacement is necessary for your product to work according to our specifications, such Service will be effected immediately after diagnosis without sending you a Cost Estimate (as defined below). This is in order to expedite the process and offer you a shorter service timeline. In such case, you will be liable to pay us the cost of the battery replacement Service as set forth in the Service Request Form.
Certain products need to be sent to Switzerland for diagnosis and servicing (e.g., some vintage or complication watches). If we need to send your product to Switzerland, we will contact you by email, phone or postal mail to obtain your approval in order to proceed with the Service. If you accept your product to be sent to Switzerland, handling and freight charge (amount indicated on the Service Request Form) will be charged to you irrespective of whether you accept or not the Cost Estimate (as defined below) that will be sent to you. If you do not accept your product to be sent to Switzerland, we will return your product un-repaired and a “return unrepaired” fee will be charged in addition to a handling and freight charge (amounts indicated on the Service Request Form).
Cost Estimate Validation
Upon receipt of your product, Baume & Mercier will check whether it complies with these Conditions of Service, will proceed to its diagnosis to identify the necessary Service in accordance with your Service Request Form and will send you a corresponding cost estimate (the “Cost Estimate”). You will be able to review and validate the Cost Estimate corresponding to the Service of your Baume & Mercier product.
All Prices for the Services shown on the Platforms are in U.S. Dollars and do not include applicable state and local taxes. The applicable taxes depend on your shipping address and will be specified in the Cost Estimate.
While Baume & Mercier endeavours to verify the accuracy of any information it provides on the Platforms, in advertisements or catalogues or by the Client Relations Center, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. With the exception of a battery replacement Service, the price of which is set forth in the Service Request Form, Baume & Mercier does not confirm the price of the Services until a Cost Estimate has been issued by Baume & Mercier.
While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Services detailed on the Platforms 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.
You should carefully check all details of the Cost Estimate and these Conditions of Service before placing your Service Order.
This Cost Estimate will be valid for the period set out in the Cost Estimate, after which it will automatically become null and void if you do not accept it within that time period.
With the exception of a battery replacement Service, you will be invited to confirm by email, phone via the Client Relations Center or postal mail, as the case may be, that you accept the recommended interventions and/or spare parts necessary for the proper functioning of your product as well as some optional interventions (if applicable) set out in the Cost Estimate.
Once you have received and reviewed the Cost Estimate, you are required to formally accept the services listed in the Cost Estimate in order for Baume & Mercier to proceed with your Service Order. As part of such acceptance, you confirm that you authorize Baume & Mercier to immediately proceed with any repair Service requested. To place and validate your Service Order, please send us an email (or a mail or contact the Client Relations Center) indicating the Service interventions that you wish to order and the corresponding total amount, and then call the Client Relations Center to proceed with payment.
By approving the Cost Estimate, you accept that Baume & Mercier performs the interventions corresponding to the requested Services and acknowledge the existence of a binding contract obligating you to pay the amount due for said Services as well as additional handling and freight charge (amount indicated on the Service Request Form) applicable on top of the Cost Estimate.
If you do not accept the Cost Estimate or these Conditions of Service, Baume & Mercier will not perform any repair Service and Baume & Mercier will send back the product unrepaired to the shipping address you provided on the Service Request Form. A “return unrepaired” fee will be charged for the watch diagnosis in addition to a handling and freight charge (amounts indicated on the Service Request Form).
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 legitimate grounds. For example, Baume & Mercier may refuse, terminate or cancel your Service Order if there is an on-going dispute concerning payment of a prior order or if Baume & Mercier suspects that you have violated these Conditions of Service.
If, for technical reasons, Baume & Mercier determines before proceeding with the Service that the cost of the repair will exceed the price of the estimate you validated, we will send you a new estimate for your approval or rejection.
If you wish to order Services via the Sales Channels, you may send us your product pursuant to the process outlined below.
You may send us your product by your own means, in a packaging of your choice and with a carrier selected by you.
You may also send us your product using our Shipping Kit (as defined below), either with the carrier selected by you at your cost and risk, or with our transport partner at our cost using our pre-paid label. To do so, please contact the Client Relations Center to inform us of your request for repair and obtain a Shipping Kit with the address of the Baume & Mercier Service Center and a pre-paid label, if applicable.
Once you have received the Shipping Kit, comprising a Service Request Form, a product box, an outer box/envelope, pre-printed return label with our address and a pre-paid label as applicable (collectively the “Shipping Kit”), please:
(1) Include the duly completed and signed Service Request Form, the Baume & Mercier product and all its accessories in the product box, and the International Guarantee or a valid proof of purchase/ service, as applicable, and all other documents in the outer box/envelope,
(2) Seal the outer box/envelope and affix the pre-printed return label or the pre-paid label, as applicable, and
(3) Send back the outer box/envelope to the address of the Baume & Mercier Service Center indicated on either label.
For security reasons, the Shipping Kit boxes will be unbranded.
If you send us your product by your own means with the carrier of your choice, or with our Shipping Kit but without using our pre-paid label, you are responsible for the shipping expenses for sending the product to Baume & Mercier, as well as any insurance expenses, and Baume & Mercier will not be held liable in case of loss, damage, theft or any other deterioration of your product during transportation to the Baume & Mercier Service Center.
You must keep a proof of shipment. Only products received by the Baume & Mercier Service CenterCenter will be eligible for the Service, in accordance with these Conditions of Service.
Once the Service has been performed by Baume & Mercier in accordance with the Cost Estimate that you validated, and after receipt of your payment in full, Baume & Mercier will then send the repaired watch (together with your guarantee card if any) back to the shipping address you indicated on the Service Request Form. Delivery costs are included in the handling and freight charge and Baume & Mercier insures parcels while transit until they are delivered to you.
Please note that you can only change the shipping address to where the repaired product will be returned before placing your Service Order, but not afterwards.
We only accept Service Orders for delivery to the continental United States of America, Alaska, Hawaii or the District of Columbia. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or PO boxes. For further information, please contact the Client Relations Center.
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification. Please make sure you pay the full amount indicated on your Cost Estimate and indicate your Service Order reference number with your payment. Baume & Mercier will ship back your product only after receipt of your payment in full.
When ordering Services, you will need to provide your payment details by contacting the Client Relations Center by phone. You should not send us your credit card details by email, postal mail or any other written form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem. Other payment methods may also be subject to validation checks and authorization by the payment system providers as well.
You expressly authorize us to perform security checks, where we deem 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 payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
The full amount of your Service Order and any applicable handling and freight charge will typically be charged on your payment card once the servicing of your product will have been completed.
Baume & Mercier is prohibited under U.S. law from making sales of its Services to individuals or companies designated on the Office of Foreign Assets Controls Specially Designated Nationals List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
Delivery; Delay; Cancellation
Any delivery term communicated to you is only an estimate, and is not binding on Baume & Mercier. Baume & Mercier shall not be liable for any damage resulting from any modification to the delivery term. Baume & Mercier will inform you as soon as possible of any modification to the delivery term.
In the event that Baume & Mercier needs to cancel a Service Order due to exceptional circumstances, all payments received from you for Services shall be reimbursed to you by Baume & Mercier, without undue delay and to the extent possible in the original form of payment used for the initial transaction (otherwise we will contact you to arrange reimbursement), no additional fees or penalties will be assessed against you, you shall not have any claims against Baume & Mercier, its agents, affiliates and employees, and neither party shall have any further obligation to the other.
Following payment of your Service Order, you will receive an invoice to your delivery address – together with your product. You may request a copy of your invoice within twelve (12) months after payment by calling the Client Relations Center (telephone number indicated on the Website), subject to providing proper identification.
Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Services and Sales Channels, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Service limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Service for any Service Order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, shall in no event exceed one hundred percent (100%) of the price of the Service in your Service Order.
In the event that you sent us your product at your costs, by your own means with the carrier of your choice, or with our Shipping Kit but without using our pre-paid label, you shall bear any and all risks associated therewith and Baume & Mercier cannot be held liable for any risks and costs associated with the shipping of your product (including without limitation administrative, handling, delivery, insurance or return costs), or in case of loss, damage, theft or any other deterioration of your product during transportation to the Baume & Mercier Service Center.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
Upon completion of the Services, you will benefit from a 12-month repair guarantee from the date of the invoice. To subsequently benefit from this guarantee, please contact the Client Relations Center, which will determine whether the Service that needs to be performed is covered by the repair guarantee at Baume & Mercier’s cost. This guarantee is valid worldwide.
If your product is currently subject to a valid sales or repair guarantee, the terms of such guarantees will apply as well.
In addition, you may have mandatory legal rights under applicable national legislation governing the provision of Services; those legal rights are not affected by these Conditions of Service.
If any provision, or part of a provision, of these Conditions of Service is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Service shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Service (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of Services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Service which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Service will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
Governing Law; Agreement to Arbitration of Claims
These Conditions of Service shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, or to any Service purchased from Baume & Mercier through the Sales Channels, will be resolved by binding arbitration, rather than in court, except that a consumer or Baume & Mercier may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Service. In addition, you and Baume & Mercier understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Baume & Mercier agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Baume & Mercier) or at consumer’s election, 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.
Before bringing any dispute in arbitration, you and Baume & Mercier agree that you will first notify the other party and 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 Service or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
If you have any questions or comments about these Conditions of Service, or matters generally (including any complaints), please contact us at the address provided below.
Baume & Mercier Client Relations Center
2710 Regency Drive, Suite 600
Grand Prairie, TX 75050