Watches of Switzerland Website Terms of Use

Introduction
Please read these website terms of use carefully before using this website as they govern your use of the website.

This website is operated by Watches of Switzerland Pty Ltd ACN 062 949 786 of level 3, 164 Flinders Lane, Melbourne VIC 3000, Australia (“we”, “us” or “our”).

By using our website you accept this website terms of use
By using this website, you accept these website terms of use and you agree to comply with it. If you do not agree to these website terms of use, you must not use our website.

We recommend that you print a copy of this website terms of use for future reference.

We may amend these website terms of use from time to time. Every time you wish to use our website, please check to ensure you understand which website terms of use applies at that time.

Other terms that may apply to you
The following additional terms will also apply to your use of our website:

Our Privacy Policy, here.

Our Cookies Policy, here.

Our website is directed to users in Australia
Our website is directed to users located in Australia. Content or products and services which are available on or through our website may not be appropriate for use or available in other locations.

You must keep your account details safe
If you create a user account with us via this website, you must treat your confidential information as confidential in order to keep it safe. You must not disclose that information to any other person.

If you know or suspect that anyone other than you knows your username and password and they are not authorised by you to use it, you must promptly notify us by email: [email protected].

We have the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of this website terms of use.

Ownership of rights on our website
Unless otherwise indicated, we are the owner or the licensee of all content on our website and in the material published on it including the trade marks, sounds, images, text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (“our intellectual property rights”). Our intellectual property rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us or our licensors. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law.

You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors.

You may print or download an extract of any page(s) from our website only for your personal use only or draw the attention of others to our website but you must not modify any printed or digital copies of any pages of our website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. By submitting information (other than your personal information), text, photos, graphics or other content to our website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from our website. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to our website.

If you breach these website terms of use, your rights to use our website or any of its content will cease immediately and you must, at our option and at your expense, return to us or destroy any copies of the content that you have.

Pre-Owned Watches

We also sell watches identified as pre-owned watches. The pre-owned watches should not be construed as new. All pre-owned watches available on our website are second hand. All our pre-owned watches are fully authenticated by our watch specialists before advertisement and sale and all watches are offered in full working condition.

When purchasing a pre-owned watch, you should be aware that it may have signs of use. We aim to accurately describe every watch we sell on our website. You should carefully read our descriptions and look at the photographs before purchase.

Pre- Owned Watches Delivery

Upon acceptance of your order for a pre-owned watch by us, you will be required to pick up your pre-owned watch from any one of our boutiques as soon as possible and in any event within 30 days of your order. The list of our boutiques is available at: https://www.watchswiss.com/contact/.

You will become the owner of the pre-owned watch you have ordered from the time you pick up the pre-owned watch any one of our boutiques. Once your pre-owned watch has been picked up by you, the pre-owned watch will be held at your own risk, and we will not be liable for any loss or destruction.

Pre-Owned Watches Returns

You must accept the pre-owned watch as is and in whatever state of condition and repair that the pre-owned watch is sold, including any faults, defects or imperfections and we may not accept a return of, or give refunds in respect of any pre-owned watch that is the subject of an order, subject to our absolute discretion.

In case we accept a request for return of a pre-owned watch, you can return the pre-owned watch to any boutique within 14 days of receiving it.

The price of the watch will be refunded but no other expenses will be covered by the refund. If you return a pre-owned watch, it must be returned with all related items such as the box, the booklet, warranty and any additional straps with which it was sold.

Pre-Owned Watches Warranty

All of our pre-owned watches are fully checked by our expert staff and we are confident you are receiving a quality product fit for its intended purpose.

We provide a 12 months limited warranty from the date of purchase on any pre-owned watch ordered from us if the pre-owned watch is not covered by more than 12 months manufacturer’s warranty. However, if the pre-owned watch has a continuing manufacturer’s warranty of more than 12 months from the date of purchase from us, then we will not provide you with any warranty. Further if the pre-owned watch has a continuing manufacturer’s warranty of less than 12 months from the date of purchase from us, our limited warranty will be for the period from the cessation of the manufacturer’s warranty until the 12 months has expired.

Our limited warranty is on all mechanical parts but excludes parts that are subject to external wear. It covers the watch should it need regulating, servicing or otherwise repairing to ensure timekeeping and function within manufacturer’s specifications taking into consideration age and condition.

Our limited warranty does not cover any of the following – wear and tear, accidental or deliberate damage caused by impact, including damage or loss to bezels, pushers, crowns, crystals, bracelets or straps, buckles, clasps or tangs. We do not cover scuffs, scratches, dings or dents. Any misuse of the second-hand watch will void your warranty. We do not cover accidental damage or loss.

No pre-owned watch is covered for water damage.

If the pre-owned watch is under a manufacturer’s warranty, refer to the Terms and Conditions under the manufacturer’s warranty.

If you purchase a pre-owned watch from us, please be sure to request an invoice, as this is your primary proof of any warranty provided by us. Not having this invoice may prevent you from having any coverage under our warranty.

Pre-Owned Watches Legislation

Any purchase of a pre-owned watch online will be deemed to have been made in the state where the pre-owned watch is stored by us at the time of purchase by you and shall be subject to the relevant state or territory legislation governing the sale of second-hand goods.

Disclaimer
Nothing in this website terms of use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in this website terms of use will affect your statutory rights. Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of this website terms of use and we will not be liable to you if we are prevented or delayed from complying with our obligations under this website terms of use or applicable law by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date, except for those warranties, representations or guarantees contained or referred to in the Australian Consumer Law, or that may not otherwise be legally excluded. The views expressed in user generated content are the opinions of those users and do not represent our views, opinions, beliefs or values or any of our group companies.

You agree to release us and hold us harmless from all liability for or in respect of special, indirect or consequential damage of any nature whatsoever in respect of your pre-owned watch.

To the extent permitted by applicable law, we accept no responsibility or liability whatsoever arising from your use of this website or its content, except to the extent that you suffer damage, loss or expense as a result of a breach by us of the Australian Consumer Law, or other applicable consumer laws, or as a result of our negligence or wilful misconduct.

We do not guarantee that our website will be secure or free from bugs or viruses.

To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of this website at any time. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this website, irrespective of whether this is the result of actions or omissions by us or one of our affiliates or of a third party, except to the extent that you suffer damage, loss or expense as a result of a breach by us of your Australian Consumer Law, or other relevant consumer laws, or as a result of our negligence or wilful misconduct.

We have taken reasonable precautions to try to ensure that prices quoted on our website are correct and that all products have been fairly described. However, when ordering products or services through our website, please note that:

orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this website;
all prices are displayed in your local currency and local taxes where applicable unless expressly indicated otherwise;
packaging may vary from that shown on our website;
the weights, dimensions and capacities shown on our website are approximate only;
whilst we try to display the colours of our products accurately on our website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Links to and from other websites
Where our website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval by us of those linked websites or information that you may obtain from them. We have no control over the content of those other websites, plugins, applications or resources, and we are not responsible for them.

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have agreed to that.

We reserve the right to withdraw linking permission without advance notice to you.

How we may use your personal information
Our use of your personal information is set out in our Privacy Policy, here.

User conduct
You agree that the information or material you upload or transmit to our website is accurate, lawfully provided and not misleading.

You must not misuse our website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or crawl, frame, edit or broadcast our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the relevant law enforcement and you accept responsibility for your actions and the actions of persons that you authorise to act for you.

Governing law and jurisdiction
These website terms of use shall be governed by and construed in accordance with the laws of Victoria, Australia. Disputes arising in connection with these website terms of use shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Rolex Section
While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Terms of Use, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.