Terms and Conditions of Online Sale RW USA CORP

1. GENERAL

1.1 These Terms and Conditions (“Terms and Conditions”) govern the sale and delivery of products to you by RW USA CORP., a company registered in the state of Delaware, with registered number TF 2751913 and business office at 635 Madison Ave – New York NY 10022 – USA.

1.2 RW USA offers its products for sale on its website http://www.raymond-weil.com (the “Website”). Any order for a product placed through the Website constitutes full acceptance of the Terms and Conditions in force at the time of placing the order. We suggest you read these Terms and Conditions carefully before ordering a product on the Website and that you save or print a copy of these Terms and Conditions to refer to in the future.

1.3 You can contact us by writing to us at [email protected] or RW USA CORP, 635 Madison Ave – New York NY 10022 – USA. We may contact you by telephone or by writing to the email address or postal address you provided when you placed your order.

2. SUPPLY OF PRODUCTS VIA THE WEBSITE

2.1 These Terms and Conditions apply to the sale of products through the Website to individuals. However, if you are a business and wish to place an order, for example an order for multiple products which are to be offered as gifts to employees, then you must notify us and we reserve the right to refuse the order or impose separate terms.

2.2 You are only permitted to place an order if you have a delivery address in the USA. Any orders placed which include a delivery address outside of the USA will not be processed by RW USA.

2.3 The packaging of the products may vary from that shown in images on the Website.

3. PURCHASE OF PRODUCTS AND ORDER PROCESS

3.1 When you place an order through the Website you are making an offer to buy the product(s) listed in your order. RW USA’s acceptance of your order will only take place when we send you a confirmation email, at which point a contract will come into existence between you and us.

3.2 The confirmation email will include a summary of all the information relating to the order, including:

3.2.1 RW USA’s contact details;

3.2.2 your contact details;

3.2.3 your order number;

3.2.4 the total cost of the products ordered;

3.2.5 the payment method; and

3.2.6 the time and place of delivery.

3.3 RW USA reserves the right, at its absolute discretion, to refuse any orders. We will inform you by email if we are unable to accept your order and you will not be charged for the product. We might refuse or cancel an order if the order appears to be fraudulent or if we have reason to believe that you intend to commercially resell and/or export the products. All products are sold subject to availability and so we might also refuse or cancel an order if the product is out of stock.

3.4 By ordering through this Website, you confirm that you:

3.4.1 have reviewed the order carefully and you confirm that it is correct;

3.4.2 have read these Terms and Conditions and agree to be bound by them;

3.4.3 have read and agree to be bound by RW USA’s privacy policy;

3.4.4 have all necessary legal rights to purchase the product through the Website;

3.4.5 are 18 years old or older; and

3.4.6 are requesting the product to be delivered to an address in the USA.

3.5 When you place an order through the Website this involves the creation of an account. You may become a registered member of the Weil club (the “Weil Club”) if you decide to upgrade your account by entering the serial number of the purchased product. If you upgrade your account, then you agree to abide by the terms and conditions set forth in the Terms of Use & Privacy Policy of the Weil Club and you will also benefit from a 3rd year guarantee extension as detailed further in clause 8.

4. PRICE & PAYMENT CONDITIONS

4.1 The price of the products ordered by you is provided on the Website. Prices indicated on the Website are only valid for sales made through the Website. All prices are indicated in US Dollars and include all applicable taxes. We take reasonable care to ensure that the prices are advertised correctly on the Website, however, please see clause 4.2 for what happens if we discover an error in the price of the product you have ordered.

4.2 RW USA tries to ensure that all information, descriptions and prices displayed on the Website are accurate. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, and let you choose either to confirm the order at the correct price or to cancel it. If we are unable to contact you or if you do not respond to RW USA’s messages, we will assume that you wish to cancel the order. If you have already paid for the product and decide to cancel the order in accordance with this clause, then you will be fully refunded.

4.3 Payment must be made in full at the time the products are ordered. RW USA reserves the right to delay delivery until we have received full payment for the ordered products.

5. DELIVERY

5.1 The costs of delivery will be displayed on the Website and will be included when you place your order.

5.2 If you have ordered more than one product, then they will usually all be delivered at the same time. There may be special cases where we decide to deliver the products in separate deliveries. If we make multiple deliveries, you may be charged additional delivery costs.

5.3 We will confirm the delivery date via email. Orders are usually dispatched to the address confirmed by us in the order confirmation email between 5 and 15 business days from the date of the confirmation email.

5.4 If RW USA’s supply of the product is delayed by an event outside of its control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6. TRANSFER OF OWNERSHIP AND RISK

6.1 You will own the product once we have received payment in full.

6.2 You will be responsible for the product once it has been delivered to the address given by you in the order. This means that you will be responsible for damage caused to the products, whether this is by use, handling or storage of the products. The risks associated with the return of a product, whatever the reason, lies with you.

7. RETURNS & CANCELATIONS

7.1 Your rights to cancel your order will depend on the reason you wish to cancel. If you wish to cancel the order for one of the reasons set out in clause 7.2 or 7.3 then please contact RW USA’s customer services team using the details set out in clause 1.3.

7.2 If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the order will be cancelled immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 4.2);

7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside RW USA’s control (see clause 5.4);

7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case you may cancel your order immediately if the suspension is for a period of more than 3 months; or

7.2.5 you have a legal right to end the contract because of something we have done wrong.

7.3 You have the possibility to change your mind within 14 days and receive a refund. If the products are delivered in multiple deliveries, the cancellation period ends 14 days after the day on which each product is delivered.

7.4 If you are cancelling an order after we have delivered the products, then we will email you to confirm the return. You must print a copy of the return email and attach it to the products. The products must be returned to the address indicated in the email. They must not have been worn, used, or damaged and must be in the condition they were in when delivered (packaging, extra links, guarantee and instructions manual must all be intact). If you are exercising your right to change your mind or to cancel the order under clause 7.2 you must send us the products within 14 days after telling us that you wish to cancel the order.

7.5 You must pay the costs of the return.

7.6 We will refund you the price paid for the products including the delivery costs, by the method used for payment as soon as reasonably possible. However, if only part of the order is returned, we will not refund the delivery costs. The refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

8. GUARANTEE

8.1 If you have any questions or complaints about the product, please contact us. You can telephone or write to RW USA’s customer services team using the contact details set out in clause 1.3.

The RAYMOND WEIL international guarantee:

8.2 The products sold on this Website are guaranteed by the Raymond Weil international guarantee (the “RW Guarantee”) against defects in material or workmanship for a period of 24 months from the date of delivery. The RW Guarantee terms are detailed in the guarantee booklet supplied with each product.

8.3 In the event of a defect covered by the RW Guarantee, RW USA may, at its sole discretion, either repair or replace the defective product free of charge.

8.4 Any claim covered by the RW Guarantee may be made in writing with the product well packed in a parcel insured with return receipt, or by bringing the product directly to RW USA CORP, 635 Madison Ave – New York NY 10022 – USA. The claim must be accompanied by an original guarantee card duly completed, dated, stamped and signed by RW USA.

8.5 By joining the Weil Club, you will benefit from a 3rd year guarantee extension. This 3rd year guarantee extension extends the RW Guarantee by 1 additional year.

9. LIABILITY

9.1 THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS MADE AVAILABLE TO YOU, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9.2 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10. USE OF PERSONAL INFORMATION

10.1 We will use personal information you provide to us:

10.1.1 to supply the products to you;

10.1.2 to process your payment for the products; and

10.1.3 in accordance with RW USA’s privacy policy.

10.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

11. COPYRIGHT

11.1 All information and materials contained on the Website (including, without limitation, brand, logos, written text, photographs, design, audio, films, etc.) are protected by international copyright laws and are RW USA’s exclusive property unless otherwise stated. All rights are reserved.

11.2 Any reproduction, modification, sale, display, distribution, transmission or insertion on other websites, etc., of any part of this Website at any time and under any circumstances, is strictly prohibited, without the prior written permission of RW USA.

12. LINKS

12.1 This Website is likely to contain links to other websites operated by third parties who are not affiliated with RW USA. The inclusion of any link to such third party sites does not imply endorsement by RW USA of those sites and is provided for information only. RW USA is not responsible or liable for the content, accuracy, access, usage or operations of any third party sites.

13. MISCELLANEOUS

13.1 Titles. The headings used in these Terms and Conditions are only for reference purposes and convenience. They do not affect the meaning or scope of the provisions they designate.

13.2 Assignment. RW USA may assign its rights and obligations under these Terms and Conditions to a third party at any time. You may not assign your rights and obligations under these Terms and Conditions without RW USA’s prior written consent. However, You may transfer the RW Guarantee to a person who has acquired the product. We may require the person to whom the RW Guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing the original proof of purchase and the official warranty card fully completed, dated and stamped by one of our official authorised retailers.

13.3 Severability. If any provision or part of the provisions of these Terms and Conditions shall be deemed unlawful, void or unenforceable, the remaining provisions remain unchanged and in full force.

13.4 Waiver. Even if we delay in enforcing this contract or if we do not insist immediately that you do anything that you are required to do under these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.5 Third party beneficiaries. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as set forth in clause 13.2 in respect of the RW Guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.6 Electronic communication. We are required to provide you with certain information or communications in writing. By using this Website, you agree that our communication will be mainly electronic. We will contact you by email or provide information by posting notices on the Website.

13.7 Applicable law and jurisdiction. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the Borough of Manhattan, New York City for the purposes of adjudicating any matter arising from or in connection with this Agreement. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT.

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