HONG KONG DISTANCE SALES FROM RETAIL BOUTIQUES SALES CONDITIONS
The following terms and conditions and any other related rules that are adopted by Vacheron Constantin and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Richemont Asia Pacific Limited, 6/F Jardine House, 1 Connaught Place, Central, Hong Kong (“Vacheron Constantin”, or referred to herein as “us”, “our” or “we”) by e-mail or phone at a distance or at an event outside of the [Maison] boutique via the relevant retail boutique of Vacheron Constantin (together the “Vacheron Constantin Boutique”).
These Conditions of Sale are applicable to any order placed through the Vacheron Constantin Boutique. If you refuse to accept these Conditions of Sale, you will not be able to order any Vacheron Constantin products from the Vacheron Constantin Boutique. 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.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of eighteen (18), (b) have legal capacity to enter into contracts and (c) have a shipping address in the country or countries listed in Clause 12 may order products through the Vacheron Constantin Boutique. If you are under the age of eighteen (18) or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.
By placing an order through the Vacheron Constantin Boutique, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Vacheron Constantin products or purchase Vacheron Constantin products for commercial purposes or any other commercial benefit.
3. PRODUCT AVAILABILITY; QUANTITY
Quantity limits may apply in relation to certain products. Vacheron Constantin further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
In order to place an order, the Vacheron Constantin Sales Associate will discuss the process with you over the telephone or by e-mail.
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 example, Vacheron Constantin may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Vacheron Constantin suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale or the policies incorporated herein by reference.
5. PRICES, TAX AND SHIPPING COSTS
All prices quoted by the Vacheron Constantin Boutique are in Hong Kong Dollars.
Vacheron Constantin reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs quoted by the Vacheron Constantin Boutique, at the time Vacheron Constantin provides you with a Confirmation of Order, will be honored by Vacheron Constantin.
Actual shipping costs and applicable taxes, if any, will be reflected on your payment page before you are asked to confirm and place your order and will also be reflected in the Confirmation of Order. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
We accept the methods of payment offered through the Vacheron Constantin Boutique.
We offer you the ability to prepay for your products, either as a full prepayment or a partial prepayment. Where we offer partial prepayment as an advance payment method, the partial prepayment will be taken immediately following the placement of your order and, due to the nature of the products, the partial prepayment will represent a minimum of [40%] of the retail cost of the product. We will reserve your product for a maximum of [ twelve ( 12) months] from the date of payment, or for any such longer period that may be communicated to you for special cases (including but not limited to personalized, bespoke, unique or limited edition products etc.), after which we reserve the right to sell the reserved product. Prepayments (in whole or in part) are non-refundable. However, prepayments shall not impact any of your legal rights under these Conditions of Sale. 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 prepayment without undue delay.
When paying by payment link, 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 Vacheron Constantin Boutique your credit/debit card number and your three or four digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID).
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Vacheron Constantin, you will need to contact your card issuer directly to solve this problem.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Vacheron Constantin, at which point in time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Vacheron Constantin products through the Vacheron Constantin Boutique, you expressly authorize Vacheron Constantin to perform security checks, where Vacheron Constantin deems 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 credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
7. REVIEW AND CONFIRMATION
In the case of an order being placed through the Vacheron Constantin Boutique, the Vacheron Constantin Sales Associate will verbally ask you to confirm the details of your order.
8. ACKNOWLEDGMENT OF ORDER
Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order and your payment (“Acknowledgement of Order”). This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Vacheron Constantin will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
These Conditions of Sale will be provided to you with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.
9. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Vacheron Constantin of its anti-fraud, security and related legal checks, Vacheron Constantin will send you in writing (by email or otherwise) a written confirmation (“Confirmation of Order”). The written Confirmation of Order constitutes the acceptance of your order by Vacheron Constantin and indicates the existence of a binding sales contract.
10. PROOF OF AGREEMENT
The Acknowledgment of Order and Confirmation of Order that are sent to you are deemed to be received when you are able to access them.
The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Vacheron Constantin Boutique will be proof of a binding agreement between you and Vacheron Constantin.
11. COMPLIMENTARY SERVICES
Engraving or embossing may be available on a selection of products. Belt adjustment, may be available on a selection of leather belts. If you wish to have your product engraved, embossed or adjusted, please provide the details to the Vacheron Constantin Boutique.
Vacheron Constantin reserves 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 Vacheron Constantin policies.
12. SHIPPING POLICY
We only accept orders for delivery to addresses in Hong Kong S.A.R. Please note that Vacheron Constantin does not ship to military or certain restricted areas, PO boxes, or hotels.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Vacheron Constantin Boutique for more information. Vacheron Constantin will inform you by email or by telephone when the product is ready for pick-up at the boutique.
If you order several products, Vacheron Constantin will ship the order only once all products are available (no partial shipments).
We will use commercially reasonable endeavours to deliver the products, or to ensure the delivery by our third party shipping provider, on the estimated delivery date mentioned in your order.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Please note that it is always subject to receiving your full payment.
We will require a handwritten or electronic signature by you, or an adult acting on your behalf, to confirm the delivery of each Vacheron Constantin product, at which point responsibility for your purchased goods passes to you.
When ordering products through the Vacheron Constantin Boutique, you will receive, as the buyer, an invoice that will be sent to you in writing (to your email address as a .pdf attachment or otherwise). You may also at any time later request an invoice by calling the Vacheron Constantin Boutique. Vacheron Constantin may request that you provide proper identification as a condition to comply with such request.
15. MANUFACTURER’S GUARANTEE
Vacheron Constantin is extremely cautious in 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 Vacheron Constantin International Guarantee. If you wish to repair a product covered by the Vacheron Constantin International Guarantee, please refer to the Vacheron Constantin International Guarantee, and call our Vacheron Constantin Boutique for more information.
If you receive a product that is covered by the Vacheron Constantin International Guarantee and seems to have defects originally caused by Vacheron Constantin (originally defective), please return it to Vacheron Constantin.
16. LEGAL GUARANTEE
In your capacity as consumer, you may have legal rights under Hong Kong law governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
For any repair inquiries relating to a product ordered online, please contact our Vacheron Constantin Boutique.
18. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While Vacheron Constantin endeavours to verify the accuracy of any information it provides, in advertisements or catalogues or as provided by the Vacheron Constantin Boutique, 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 a Vacheron Constantin product until an Order Confirmation has been issued by Vacheron Constantin, indicating the existence of a binding sales contract.
19. FINAL PROVISIONS
Information and complaints. In case of any inquiry or complaint please contact our Vacheron Constantin Boutique on the telephone number and email address provided.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
20. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of Hong Kong S.A.R.
The courts of Hong Kong S.A.R shall have exclusive jurisdiction over any disputes arising out of or in connection with these Conditions of Sale.
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.