CONDITIONS OF SALES
CONDITIONS OF SALE
VACHERON CONSTANTIN KOREA E-BOUTIQUE
& CUSTOMER CARE CENTER
Last updated: [2021-10-25]
About Vacheron Constantin and these Conditions of Sale
These Conditions of Sale apply to any sales of Vacheron Constantin products or services that you may order from Richemont Korea Ltd, using the website www.vacheron-constantin.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone via our Customer Care center (the “Customer Care Center”).
Richemont Korea, Ltd has its registered offices at State Tower Namsan, 100, Toegye-ro, Jung gu, Seoul, Korea 04631 (Vacheron Constantin and "we", "us" and "our"). Our business registration number is 102-81-41612. Our Online Retail Business Report files with the KFTC (together with mail order business number) can be found [here]. Further information on our escrow services can be found [here].
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Customer Care Center (together the “Sales Channels”). 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 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 (nineteen in Korea); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, 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. Vacheron Constantin reserves the right to change the assortment of items offered on the Platform or through the Customer Care Center, and may limit from time to time the quantity of Vacheron Constantin products that may be ordered in a single buying session, without prior notice. Vacheron Constantin further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed two (2) products in any buying session on the Platform or through the Customer Care Center. Please note that only merchandise displaying an “Add to Shopping Bag” icon is available for sale through the Platform. You may also call the Customer Care Center (1670-4606) and a Vacheron Constantin Ambassador will provide you with further information as to product availability and assist you with your purchase.
The Customer Care Center and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels
For information about the order process, please refer to our Order Process section below.
Account registration & guest checkout
In order to place an order on the Platform, you or the Vacheron Constantin Ambassador (on your behalf) may either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
If you select the “Guest Checkout” option, you will have the option to create your Vacheron Constantin online account upon receiving your Confirmation of Order & Shipment. Please note that in such case, your Vacheron Constantin online account will not include transactions made prior to the creation of your account.
Upon completion of your account registration on the Platform or by the Vacheron Constantin Ambassador, you will receive by e-mail a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password. You will also receive a second e-mail summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Vacheron Constantin will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
Please refer to our Personal Information Management Policy for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Vacheron Constantin or its third party providers at this time for security purposes.
You represent and warrant that the personal information you provide to the Customer Care Center or via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Customer Care Center or on the Platform change, please log in to your account and update such information directly on the Platform, inform the Customer Care Center or notify Vacheron Constantin at the following e-mail address: firstname.lastname@example.org, or as set out in our Personal Information Management Policy.
Personalization services (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 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 below 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.
· 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, sender 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 consent box and place your order.
In the case of an order being placed through the Customer Care Center, the Vacheron Constantin ambassador will walk you through the steps above and verbally ask you to confirm the details of your order.
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 or grey market activities; or (ii) have otherwise violated these Conditions of Sale.
Prices, taxes and shipping costs
All prices shown on the product pages of the Platforms or quoted by the Customer Care Center include VAT but exclude shipping costs and other taxes unless otherwise stated.
Shipping costs are complimentary.
We reserve the right to modify prices and delivery costs at any time without prior notice.
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 Customer Care 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.
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, 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 Customer Care 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 individual purchase transactions.
When you place an order, the full payment will be processed by our order page and you will be directed to the connected third party payment gateway (NHN KCP) module page to complete your payment. We provide 3 payments options: credit card, bank transfer, and simple payment Payco.
When you select credit card as payment, you can select the credit card company that we receive services from, and select whether to pay by partial payment or full payment, and process any required validation that is required. When you select the partial payment process, you will receive the products in advance before you make full payment. When you select full payment, you will receive the products following conformation of payment from the credit card company. For full or partial payment, the payment is taken at the relevant time following the appropriate validation process. When you select debit card payment, full payment will be taken in advance of you receiving the products following the appropriate validation process.
Where you order over the telephone, on completion of your order the Customer Care Center will send you an e-mail requesting payment. Through the link, you can select the payment option and proceed the payment by yourself.
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 Customer Care Center promptly.
These Conditions of Sale will be provided to you when we acknowledge your order.
We deliver to any address permitted by Korean Post and Valex.
If you order several products, we will ship the order only once all products are available (there will be no partial shipments).
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.
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.
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. 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 Customer Care 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.
We will require a handwritten or electronic signature by you, or a person 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 a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by Vacheron Constantin 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 call our Customer Care Center for more information.
Returns and Exchanges
(a) Right to Cancel
You have the right to cancel the contract created by our written order confirmation without giving any reason thirty (30) days from the later of (i) the date you receive the Confirmation of Order & Shipment; and (ii) the date on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order.
To cancel the contract and return your product(s) purchased online and purchased from the Client Relation Center, then please contact them for the return process.
(b) Return Process
Products that have been purchased through the Sales Channels may only be returned to our Vacheron Constantin e-boutique distribution center at the address of our Returns Department, as provided by the Customer Care Center in accordance with these Conditions of Sale.
Products that have not been purchased through the Sales Channels may NOT be returned to our e-boutique distribution center.
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 Vacheron Constantin e-boutique distribution center will be eligible for a refund or exchange.
If you decide to use a different logistics partner than the one provided by us or send a returned order by yourself, the risk of loss or damage to the product during transit shall remain with you until the product is in our possession.
(c) 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 attached to them (if applicable), as well as with the original Vacheron Constantin 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, if the security tags which are attached to the products have been cut, or the product 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 sent back 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.
(d) 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.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.
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 Customer Care 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 three (3) business days after receipt of the returned item by the Vacheron Constantin e-boutique distribution center.
If you are returning a product purchased via the Sales Channels to a participating Vacheron Constantin retail, you will be refunded using the same means of payment as used by you when purchasing the product.
You may return a product purchased through the Sales Channels for exchange with another Vacheron Constantin product with same value, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above. You may request an exchange, otherwise we will refund your original order and process a new order. In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.
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 Vacheron Constantin Guarantee. If you wish to repair a product covered by the applicable Vacheron Constantin Guarantee, please refer to the applicable Vacheron Constantin Guarantee, and call our Customer Care 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 Vacheron Constantin Guarantee. In Korea, you may cancel an order when the product received is different from the advertisement or the specifics of the sale contract, (i) within three months after the day the products are received by you, or (ii) within 30 days after the day you become aware of a defect or non-compliance.
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 Vacheron Constantin box gift wrapped in Vacheron Constantin special packaging,
Engraving may be available on specific products, please contact our Customer Care Center.
Orders for personalized Vacheron Constantin products cannot be cancelled and personalized Vacheron Constantin products cannot be returned to Vacheron Constantin for exchange or refund.
(c) Strap Exchange / Adjustment
A Vacheron Constantin watch strap is delivered in a standard size. If you request a watch bracelet adjustment, please visit the Sales Channels.
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 Customer Care 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 consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
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 Vacheron Constantin Guarantee.
Applicable law and jurisdiction
These Conditions of Sale shall be governed by and construed in accordance with the laws of Korea, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the laws of Korea are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
You may bring proceedings against us either in the courts of Korea or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a court, you and Vacheron Constantin 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.
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
Vacheron Constantin Customer Care Center
Phone Number: 1670-4606
E-mail address: email@example.com