WEBSITE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS
WEBSITE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS
This page (together with the documents we refer to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.
By ordering any of our Products, you acknowledge being 18 years old or older and you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
ZENITH sells on its website to final customers only. Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent order or order deemed as such, will be considered by ZENITH to be null and void. ZENITH reserves the right to restrict the quantities of any item delivered to the same purchaser and/or to the same postal address.
We amend these Terms from time to time as set out in clause 6. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
We are ZENITH, BRANCH OF LVMH SWISS MANUFACTURES SA, a company registered in the Neuchâtel, Switzerland, Register of Commerce and Companies under the number CHE-433.384.643, with headquarters at Billodes 34, 2400 Le Locle, Switzerland, (“we” or “us”). We operate the website www.zenith-watches.com.
2. THE PRODUCTS
2.1. The description of the Products on our site is approximate only and images of Products are for illustrative purposes only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products) and to display colors accurately, any description is approximate only and we cannot guarantee that the colors displayed on our site accurately reflect the color of the Products.
2.2. The packaging of the Products may also vary from that shown in the images on our site.
2.3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. YOUR RIGHTS AS A CONSUMER
4.1. As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Nothing in these Terms will affect your legal rights.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us on [firstname.lastname@example.org] or [1-866-273-3477] as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3. If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you.
5.4. We have the right to cancel any order placed by a customer with whom we have had a dispute concerning a prior order, if shipment of an order would violate applicable law, or if we have a reasonable ground to suspect that such customer has violated these Terms, or is or appears to be engaged in fraudulent or grey market activities.
6. OUR RIGHT TO VARY THESE TERMS
6.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site. Notwithstanding the foregoing, notice of any revisions may be by email to you at the last email address you provided us or by other means, consistent with applicable law.
6.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3. If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.
6.4. Prepayment: Depending on the type of Product, a prepayment of the full total of your Order (the Prepayment) can be requested at the time of placing your Order, in which case, your bank transfer must be carried out following the instructions provided in order to confirm and finalise the Order, or your debit/credit card may be debited the total amount between the date on which the Order was placed and the date on which the Product is delivered. When the Product is available for delivery, without any commitment to a specific deadline on the part of ZENITH, you will be informed of said postal delivery. In the specific case of limited edition Products that can be ordered in advance with a Prepayment and that are only available in limited quantities, ZENITH may not be able to fulfil your Order due to limited quantities. If the Product that is the subject of the Prepayment is not available, ZENITH will inform you by e-mail, proceed with the cancellation of your Purchase Agreement, and your Prepayment will be refunded in full as soon as possible. As permitted by law, other than a refund of your Prepayment, you will not be entitled to any compensation or recourse if, for any reason whatsoever, ZENITH cancels your Prepayment.
7.1. We want you to be completely happy with your order. Subject to certain exceptions detailed below, if for any reason you are not satisfied, we will gladly accept your return within 30 days of delivery of the original item, at our expense.
7.2. To return an item, please follow our return process included in your parcel or through this link https://www.zenith-watches.com/en_us/login
7.3. Please note: a return authorization must be initiated within 30 days of receiving the order and the Product returned within 10 days of the return authorization being issued. In addition, all Products must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and Product packaging, protective materials, and tags in place.
7.4. Every product will be subject to a quality assessment carried out by our watchmaking experts. Products not respecting the terms of return policy will be refused. We will keep you informed on the status of your return by email.
7.5. Personalized or customized Products are considered as final sale and cannot be returned for exchange or refund.
7.6. Watch bracelets that have been adjusted at your request must have been done so by us or a ZENITH Authorized Retailer and should be returned with all the links originally shipped.
8.1. We do not charge our clients for shipping and handling. We normally send all merchandise using a reliable carrier. Depending on the country of delivery, please allow 3 to 14 calendar days for delivery oce you have received the Dispatch Confirmation.
8.2. Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.
8.3. For orders totaling over US$ 50,000, a ZENITH Customer Service Representative will contact you to arrange delivery.
8.4. Please note that you might experience a delay on the delivery due to customs requirements of your home country.
8.5. Please note that the Products might be subject to local customs charges.
9. PRICE OF THE PRODUCTS AND DELIVERY CHARGES
9.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 9.4 for information about price errors on our site.
9.2. Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
9.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Switzerland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10.1. All prices on our site are in United States Dollars but exclude sales, use and other taxes. You agree to pay all applicable taxes.
10.2. You can only pay for Products using a debit card or credit card. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to us. Payment for the Products is in advance.
10.3. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.
10.4. If you do not make any payment due to us by the due date for payment, we may:
(a) immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; and
(b) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.5. If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 10.4(b) will not apply for the period of the dispute.
11. OUR LIABILITY TO YOU AS A CONSUMER
11.1. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY OF OUR AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PRODUCTS EVEN IF FORESEEABLE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL the TOTAL AGGREGATE LIABILITY of the protected entities FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR ANY PRODUCT ORDERED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO US FOR the PURCHASE OF PRODUCTS via the website WHICH product(s) IS THE SUBJECT OF THE CLAIM.
11.4. SECTION 11.2 AND 11.3 SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE EVENT THAT WE ENGAGED IN GROSS NEGLIGENCE, FRAUD, WILLFUL OR RECKLESS MISCONDUCT, OR WHERE SUCH SECTION(S) VIOLATE A CLEARLY ESTABLISHED RIGHT OF A CONSUMER UNDER NEW JERSEY LAW. FURTHER WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE;
(B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(C) ANY MATTER WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED.
12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. DISCLAIMER OF WARRANTIES
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING ANY PRODUCTS ORDERED OR PROVIDED VIA THE SITE EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY PRODUCTS ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY US “AS IS” PROVIDED THAT THE FOREGOING DISCLAIMER DOES NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY US OR THE APPLICABLE MANUFACTURER OF A PRODUCT AS CONTAINED IN THE PACKAGE DELIVERED TO YOU, AS SPECIFICALLY DESCRIBED ON THE SITE OR AS OTHERWISE SPECIFICALLY SET FORTH IN AN AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
14. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
14.1. When we refer, in these Terms, to "in writing", this will include e-mail.
14.2. You can contact us for any reason using the following means:
(a) E-mail at email@example.com;
(b) Telephone on [1-866-273-3477].
14.3. If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3. This Contract is between you and us. Except as expressly set out in this clause 15, no person who is not a party to this Contract shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract are not subject to the consent of any other person.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect, provided that the parties nevertheless agree that the court should endeavor to give maximum effect to the parties' intentions as reflected in the provision.
15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.
15.6. These Terms are governed by and shall be interpreted pursuant to the laws of the State of New York without regard to any conflict of law provision.
15.7. You agree to bring any and all claims in connection with any disputes arising out of or related to the purchase or use of the Products or these Terms exclusively in the Federal or State Courts located in New York County, New York and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the purchase or use of the Products or these Terms.