CONDITIONS OF SALE
BAUME & MERCIER E-BOUTIQUE & CLIENT RELATIONS CENTER
Last updated: March 2022
About Baume & Mercier and These Conditions of Sale
These Conditions of Sale apply to any sales of Baume & Mercier products or services that you may order from Baume & Mercier, a division of Richemont North America, Inc., using the website www.baume-et-mercier.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by e-mail or telephone via a boutique or our client relations center (the “Client Relations Center”).
Baume & Mercier, a division of Richemont North America, Inc., has its registered offices at 645 Fifth Avenue, New York, New York 10022 (Baume & Mercier and "we", "us" and "our").
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels”), and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded in person through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels"), and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded in person through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
Updates to These Conditions of Sale
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an 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 products 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 an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an 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 deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
Product Availability & Quantity
All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platforms that cannot be added to the shopping bag are not available for sale via the Platforms. Additionally, certain products shown may not be available for sale and delivery in some states. The Client Relations Center can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
Account Registration & Guest Checkout
To place an order through the Platforms, you 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. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
Personalization services (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
We reserve 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 our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund (except where defective), and are considered final upon receipt of a written Acknowledgement of Order and can therefore not be cancelled, as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).
The order process of the Platforms will include the following:
Add to Shopping Bag: 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). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment, except for personalized products, where our Acknowledgement of Order constitutes our acceptance of your order and indicates the existence of a binding sales contract.
Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
Placing of Order: You then check the relevant box and place your order.
In the case of an order being placed through the Client Relations Center, the Baume & Mercier ambassador will walk you through the steps above and verbally ask you to confirm the details of your order.
Payment via Baume & Mercier consumer financing option
If we offer a finance option on our Platforms, you can choose to pay for your product(s) and/or service(s) by selecting the finance option during the checkout process. If you select this method of payment:
(i) The product(s) and/or service(s) you have selected will be held in the shopping bag; and
(ii) you will need to ensure that your billing address and delivery address are identical.
Please see the Payment section below for further details in relation to the terms and conditions that apply to our finance option.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; (ii) the import of product activities which we have not intended; or (iii) have otherwise violated these Conditions of Sale, including for example any engraving that contains language that is objectionable, unlawful or contrary to our policies.
Prices, Taxes and Shipping Costs
All prices shown on the product pages of the Platforms or quoted by the Client Relations Center exclude sales tax, shipping costs and other taxes unless otherwise stated.
The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.
Sales, use or other taxes will vary based on the location to which products are being shipped.
Shipping costs, if any, are described in the Shipping Policy below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
Please note that sales taxes associated with your purchase will vary based on the location to which products are being shipped and will be presented before you place your order.
We reserve 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 Platforms or quoted by the Client Relations Center, as indicated at the time we provide you with a Confirmation of Order, will be honoured by us.
We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Client Relations Center. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
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.
When ordering on the Platforms or when using our Pay-by-Link process, 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 complete payment details. 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
Where you choose to pay for selected product(s) and/or services(s) in full during the checkout process, the full amount of your purchase will typically be blocked on your payment card for up to twenty-eight days depending on payment type or until your order is shipped, whichever is earlier. You will be sent a Confirmation of Order & Shipment when your order is shipped,and your payment card will be charged the applicable purchase price at that time.
Where we offer PayPal, AliPay, and WeChat as a payment method, the full amount of your purchase will be debited on your payment card 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.
Where you choose to pay for the selected product(s) and/or services(s) using our finance option, the payment and finance option will be subject to these Conditions of Sale and the applicable terms and conditions of our finance option provider, Affirm (“Affirm Holdings”). You will have the opportunity to acknowledge and agree to Affirm (“Affirm Holdings”) terms and conditions before confirming the finance option as your method of payment.
Baume & Mercier is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
Acknowledgement of Order
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Client Relations Center promptly.
These Conditions of Sale will be provided to you when we acknowledge your order.
We only accept 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 refer to our FAQs section or contact the Client Relations Center.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the Client Relations Center for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.
If you order several products, we will ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).
Confirmation of Order & Shipment
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract, except for personalized products, where our Acknowledgement of Order constitutes our acceptance of your order and indicates the existence of a binding sales contract.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment, and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.
When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels. Any such specific delivery date remains subject to our confirmation.
If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. With the exception of personalized products, if we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Relations Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.
When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
Estimated delivery lead time: 5-7 Business Days*
Charge to customer: Free
Provider: FedEx - Not available for products shipped to Alaska or Hawaii
Estimated delivery lead time: 2 Business Days*
Charge to customer: $25
*All order delivery date estimations are subject to stock availability.
We will require a handwritten or electronic signature by you, or an adult at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and 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 fulfilment of the sales contract by Baume & Mercier and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please refer to our FAQs section or call our Client Rlations Center for more information.
When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
Returns and Exchanges
Baume & Mercier allows you or the Gift Recipient (as defined below) to return Baume & Mercier products purchased through the Sales Channels within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.
(a ) Return Process
Products that have been purchased through the Sales Channels may only be returned to our Baume & Mercier e-boutique distribution center at the address of our Returns Department, as provided in our FAQs section through our Client Relations Center.
Products that have not been purchased through the Sales Channels may NOT be returned to our e-boutique distribution center. For example, if you purchase a product at a retail boutique, you should return it at that boutique.
To return a product to our e-boutique distribution center, you must follow the steps mentioned below:
(i) Call the Client Relations Center.
(ii) You may choose (a) to use our pick-up service and agree on a pick-up date with our logistics partner, or (b) a parcel drop-off at any of our logistics partner’s network locations within the eligible return period. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;
(iii) The Client Relations Center will send you a return form by e-mail or ask you to complete the return form that was enclosed with your product delivery:;
(iv) Please fill out the required information on the return form and sign it;
(v) You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the warranty card and all other documents, in their original box;
(vi) Please seal the delivery package and affix the pre-paid airway bill received with your purchase; and
(vii) For our pick-up service, our logistics partner will pick-up the sealed delivery package on the agreed date. For our drop-off service, please drop-off the product at the agreed logistics partner’s network location.
You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our Baume & Mercier e-boutique distribution center will be eligible for a refund or exchange.
You may be asked to provide information about the products for us to make a first assessment of the condition of these products.
(b) Condition of Returned Products
We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.
Our 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. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
If you have received free items as part of your order, they must be returned with the products.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.
Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(c) Products You Cannot Return or Exchange
Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved.
Product(s) and/or services(s) purchased using our finance option cannot be exchanged. This does not affect your statutory right to withdraw from the contract if you are a customer based in the European Union or the European Economic Area.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale. Personalized products are strictly non-refundable.
Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e., a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact the Client Relations Center to discuss your options.
If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours 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.
You may return a product purchased through the Sales Channels 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 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.
Manufacturer’s Guarantee and Your Legal Consumer Rights
We are committed to 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 applicable Baume & Mercier Guarantee. If you wish to repair a product covered by the applicable Baume & Mercier Guarantee, please refer to the applicable Baume & Mercier Guarantee, and call our Client Relations Center for more information.
In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Baume & Mercier Guarantee.
The following complimentary services will be proposed, free of charge, by the Sales Channels:
(a) Gift Wrap and Packaging
All orders will be shipped with the Baume & Mercier box gift wrapped in Baume & Mercier special packaging, together with a Baume & Mercier] shopping bag (where applicable).
Engraving may be available on specific products, and offered through sales transactions completed through web and the Client Relations Center.
Orders for personalized Baume & Mercier products cannot be cancelled and personalized Baume & Mercier products cannot be returned to Baume & Mercier for exchange or refund.
(c) Strap Exchange / Adjustment
An Baume & Mercier watch strap is delivered in a standard size. The strap size can be delivered smaller or larger, upon request, by calling the Client Relations Center. Baume & Mercier watch strap adjustment is also available on certain watch models. If you request a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.
(d) 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. Baume & Mercier reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Baume & Mercier-logo stationery.
For any repair inquiries relating to a product ordered through the Sales Channels, please refer to our FAQs section or contact our Client Relations Center by emailing email@example.com or by calling 1.800.MERCIER
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platforms, in advertisements or catalogues or as provided by the Client Relations Center is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
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 products 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 Sale 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 Sale for any 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 the one hundred percent (100%) of the price of the product(s) in your order.
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.
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or 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 Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale 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. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Baume & Mercier Guarantee.
Governing Law; Agreement to Arbitration of Claims
These Conditions of Sale 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 Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product 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 Sale. 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 Sale 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 Sale, or matters generally, please contact us at the address provided below.
Baume & Mercier Client Relations Center