CONDITIONS OF SERVICE
VACHERON CONSTANTIN SERVICE REPAIR FOR AUSTRALIA
Last updated: March 1st, 2021
About Vacheron Constantin and These Conditions of Service
These Conditions of Service apply to any diagnosis, maintenance, or repair services that you may order from Vacheron Constantin, a division of Richemont Australia Pty Limited, by email, by phone via our Vacheron Constantin 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 Australia.
Vacheron Constantin, a division of Richemont Australia Pty Limited, has its registered offices at Level 8, 74 Castlereagh Street, Sydney, NSW 2000 (“Vacheron Constantin” and "we", "us" and "our").
Please read these Conditions of Service carefully. Subject to any statutory guarantees that apply under Australian laws, 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 accept these Conditions of Service. If you do not accept 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 Vacheron Constantin 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. Any new version of these Conditions of Service shall take effect immediately upon the date of issue 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); (b) have legal capacity to enter into contracts; and (c) have a shipping address in Australia, 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 Vacheron Constantin products with a maximum manufacturer’s retail price of AUD 100,000 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 a Cost Estimate setting out the cost to service your product in accordance with the terms of the Service Request Form and these Conditions of Service.
In the event that our diagnosis confirms that the service requested is free of charge (under warranty or commercial gratuity), 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.
Certain services that are requested by you, including, but not limited to a battery replacement and that are diagnosed by us as the only services that are necessary for your product to work according to our specifications (the “Pre-Approved Service”), such Pre-Approved 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 Pre-Approved Service as set forth in the Service Request Form.
By signing the Service Request Form, you approve that if required, your watch will be sent overseas for diagnosis and servicing (e.g., some vintage or complication watches). Please note that the lead time to obtain the Cost Estimate (as defined below) is a minimum of 4 weeks from the date we receive the product.
Cost Estimate Acceptance
Upon receipt of your product, Vacheron Constantin 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 Vacheron Constantin product.
All Prices for the Services shown on the Vacheron Constantin Customer Service Policy are in Australian Dollars including GST.
While Vacheron Constantin endeavours to verify the accuracy of any information it provides on its website, in advertisements or catalogues or Customer Service Policy or by the Client Relations Center, to the extent permitted by law, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Vacheron Constantin does not confirm the price of the Services until a Cost Estimate has been issued by Vacheron Constantin.
While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Services detailed on Vacheron Constantin website and Customer Service Policy are as accurate as possible, to the extent permitted by law, Vacheron Constantin 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 and you will be deemed to have not accepted the Cost Estimate.
With the exception of the Pre-ApprovedService, 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 Vacheron Constantin to proceed with your Service Order. As part of such acceptance, you confirm that you authorize Vacheron Constantin to immediately proceed with any repair Service requested. To place and validate your Service Order, you will need to 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.
By approving the Cost Estimate, you accept that Vacheron Constantin 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.
If you do not accept the Cost Estimate or these Conditions of Service, or if we do not hear from you on the Cost Estimate within 2 months, Vacheron Constantin will not perform any repair Service and will send back the product unrepaired to the shipping address you provided on the Service Request Form.
Notwithstanding anything to the contrary provided for herein, Vacheron Constantin reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, Vacheron Constantin may refuse, terminate or cancel your Service Order if there is an on-going dispute concerning payment of a prior order or if Vacheron Constantin suspects that you have violated these Conditions of Service.
If, for technical reasons, Vacheron Constantin 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 Cost Estimate for your approval or rejection. The process for acceptance of the revised Cost Estimate will be as per the original Cost Estimate.
If you wish to order Services via the Sales Channels, you may send us your product pursuant to the process outlined below.
You can request a Shipping Kit from the Client Relations Center and send us your product via our “Selected Carrier” using 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 and a pre-printed return label (collectively the “Shipping Kit”), please:
(1) Include the duly completed and signed Service Request Form, the Vacheron Constantin 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, and
(3) Send back the outer box/envelope to Vacheron Constantin Service Center as indicated in procedure.
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 shall bear any and all risks associated therewith and Vacheron Constantin will not be held liable in case of loss, damage, theft or any other deterioration of your product during transportation to the Vacheron Constantin Service Center, or for any costs associated with the shipping of your product (including without limitation administrative, handling, delivery, insurance or return costs).
You must keep a proof of shipment. Only products received by the Vacheron Constantin Service Center will be eligible for the Service, in accordance with these Conditions of Service.
Once the Service has been performed by Vacheron Constantin in accordance with the Cost Estimate that you validated, and after receipt of your payment in full, Vacheron Constantin will then send the repaired product (together with your guarantee card if any) back to the shipping address you indicated on the Service Request Form. Delivery costs are complimentary and Vacheron Constantin 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 Australia. 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 payment via BPay. If necessary, we may require additional information, including specific forms of identification.
The full amount of your Service Order will typically be invoiced to you once the servicing of your product has been completed. Please make sure you pay the full amount indicated on your invoice using the related BPay Biller Code and Reference.
Vacheron Constantin will ship back your product only after receipt of your payment in full. If you do not pay the full amount of the Cost Estimate within 3 calendar months of us notifying you, and if we do not hear from you after making reasonable attempts to contact you using the contact details you have provided to us, we may sell or, acting reasonably, otherwise dispose of your repaired product in our discretion. We will apply the proceeds of any sale of disposal in the first instance to the satisfaction of the amounts outstanding by you and the costs of exercising the right of sale (including any storage charges we have incurred); and any balance of the proceeds of the sale will be returned, where possible, to you.
Delivery; Delay; Cancellation
Any delivery term communicated to you is only an estimate, and is not binding on Vacheron Constantin. Vacheron Constantin shall not be liable for any damage resulting from any modification to the delivery term. Vacheron Constantin will inform you as soon as possible of any modification to the delivery term.
In the event that Vacheron Constantin needs to cancel a Service Order due to exceptional circumstances, all payments received from you for Services shall be reimbursed to you by Vacheron Constantin, 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 Vacheron Constantin, 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. These Conditions of Service are to be read as being subject to any such laws, 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 Vacheron Constantin 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 Vacheron Constantin Service Center.
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) together with any statutory guarantees that cannot be excluded by law 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.
This agreement is governed by and is to be construed under the laws in force in Victoria, Australia.
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination must be referred to arbitration. The arbitration shall be held in Victoria, Australia, in the English language, with a single arbitrator appointed by both parties.
The parties must agree on the appointment of an arbitrator within 14 days of the referral. If the parties cannot agree on the appointment of an arbitrator, the appointment will be made by the President of the Law Institute Victoria. The dispute shall be determined according to the laws of Victoria, Australia.
This clause will survive termination of this agreement and is subject to any rights you may have under the Australian Consumer Law which cannot be excluded or modified.
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.
Vacheron Constantin Client Relations Centre
+61 1 800 796 452