Terms & Conditions for Sale of Watches

Please read all the terms and conditions

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just contact us.

  1. Application
  • These Terms and Conditions will apply to the purchase of Goods by you (the Buyer or you) from Watch4 Moi PTE. LTD of 3 Coleman Street, #03-24, 179804, Singapore with email address [email protected]; (the Seller or us or we)
  • These Conditions constitute the entire agreement and understanding between you and us and govern the purchase and supply of the Goods.
  • These Conditions supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

 

  1. Definitions

In this document the following words shall have the following meanings:

2.1 “Buyer”, “you” : means the organisation or person above 18 years who buys Goods from the Seller;
2.2 “Conditions” : means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
2.3 “Delivery date” : means the date specified by the Seller when the Goods are to be delivered;
2.4 “Goods” : means a watch or watches and associated kit, possibly including box and paperwork, straps and/or accessories or any other articles to be supplied to the Buyer by the Seller;
2.5 “Order” : means the buyer’s order for the Goods from the Seller as set out;
2.6 “Price” : means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;
2.7 “Seller” : Watch4 Moi PTE. LTD of 3 Coleman Street, #03-24, 179804 Singapore.

 

  1. General
  • These conditions shall apply to all contracts for the sale of Goods by us to you. All other terms and conditions including any terms or conditions which you may seek to apply under any purchase order, order confirmation or similar document are excluded unless affirmed in writing by us.
  • The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
  • All quotations from us are invitations to treat. All orders for Goods shall be deemed to be your offer to purchase Goods pursuant to these Conditions.
  • Payment of invoice amount for the Goods shall be deemed conclusive evidence of your acceptance of these Conditions.
  • Any variation to these Conditions (including any special terms and conditions agreed between us) shall be inapplicable unless agreed in writing by us. In the event of any conflict between the special conditions and these Conditions, the special conditions shall prevail.
  • Any advice, recommendation or representation given by us or our employees or agents to you or your employees or agents as to the condition or fitness of the Goods, use of the Goods or otherwise which is not confirmed in writing by us will be deemed acted entirely at your own risk. We shall not be liable for any such advice, recommendation or representation which is not confirmed in writing.
  • These Conditions or any part of them are subject to amendment by posting updates and/or changes to our website.  Any purchase of Goods following the posting of the amendment constitutes acceptance of the changes.
  • Nothing in these Conditions shall affect your statutory rights dealing as a consumer.
  • Orders may only be placed by individuals aged 18 or older.

 

  1. Price and Payment
  • We shall raise an invoice pursuance to acceptance of the order which may differ from the advertised price.
    • All transactions will be in Singapore Dollar or any currency as mutually agreed between us, any currency risk for payments or refunds shall be borne by you.
    • Prices are subject to change without notice.
    • Advertised Prices exclude local taxes, import duty, delivery charges, insurance and other handling expenses which have to be borne by you
    • Preowned goods are subject to a marginal rate of taxes, which may or may not be reclaimed.
  • If payment of the Price or any part thereof is not made within 7 days of the order confirmation and invoice, we shall be entitled to:
  • refuse to deliver the Goods to you whether ordered under the contract or not and without incurring any liability to you for non-delivery or any delay in delivery;
  • terminate the contract.
  • If there are reasonable grounds to suspect a fraudulent payment, whether, by debit or credit card, we will neither dispatch any Goods nor carry out any refunds, until authorised to do so by the relevant authorities.

 

  1. Warranties and Representations
  • Every effort has been made to display as accurately as possible the colours and images of our products that appear on our website.  We do not guarantee that your electronic display will be accurate.
  • Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

  1. Delivery
  • Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by you within the time-frame and by the courier company as specified by us.
  • The time-frame of delivery specified by us is an estimate only. Time of delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such time period compliance is not guaranteed and you shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
  • If we are unable to deliver the Goods due to any import restrictions in your country or any other country which disallows the shipping of exotic skins, then we shall communicate the same to you and also reserve the right to remove the strap and replace it prior to delivering it to you.
  • If we are unable to deliver the Goods for reasons beyond our control, then you shall be entitled to a refund of the amount paid to us without any interest.
  • If you request to delay the delivery of Goods prior to the delivery date, you shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are dispatched to you.
  • In order to confirm the delivery, a signature by a person aged 18 years or over, is needed for receipt of all Goods, at the delivery address.  Delivery should be refused if the parcel is tampered, or shows any signs of damage.
  • Goods will be delivered to the address given in the original order unless you provide for a new address prior to dispatching the order.

 

  1. Acceptance
  • You are required to inspect and test the Goods upon delivery as soon as reasonably practical and inform us immediately, if they are faulty, or if the Goods are not as described.
  • If you want to claim that any of the Goods are delivered damaged, you are required to give notice of the damage and return the Goods, including paperwork, boxes, links, user manual and service papers. Failure to do so shall be deemed that you have accepted the Goods 14 days after delivery to you. Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to our rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by us within 14 days of delivery. After acceptance, you shall not be entitled to reject Goods.
  • You shall not remove or otherwise interfere with the parts of the Goods during the 14 days period post Delivery. If we have reasonable doubts to believe that the watch was opened or any of its parts were replaced or altered, we shall forfeit the entire amount and you shall not be entitled to any refunds.
  • Upon receiving the goods, on inspection, and provided you meet the return requirements mentioned above, the Goods are found to be faulty, we will either: agree to replace the Goods, repair them, or refund you for them, in part or in full.

 

  1. Cancellation
  • The order can be cancelled any time before or after dispatch of the Goods, within 14 days following the day on which the Goods are delivered to you.
  • All Goods will remain for sale on the website until we have received full consideration of the same.
  • The refund will be subject to reasonable deductions for any wear and tear of the Goods whilst in your care.  The repaid sum may be reduced by up to 30% if the paperwork is missing or damaged.
  • Facilitating the return is your responsibility, though we will assist in the process by providing you with the return shipping label at our cost and insurance where possible. The Goods should be dispatched as early as reasonable to after receiving the return shipping return label.
  • To cancel your order, you must inform us either by email to [email protected] or write to us at our office address 3 Coleman Street, #03-24, 179804 Singapore. Provided the cancellation conditions are met which also includes Goods under USD 250,000 you will be reimbursed within 14 days of receiving and inspecting the Goods.
  • You Order may be canceled due to unavailability of stock or for some other reason justifying cancellation.  If we cancel your order, we will refund all sums paid by you within 14 working days of notifying you of our intention to cancel your Order.

 

  1. Risk and Title
  • Risk of damage or loss of the Goods shall pass to you when the Goods are delivered otherwise than at our premises, at the time of delivery.
  • Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received the payment in full of the Price of the Goods for which payment is due.

 

  1. Warranty
  • Where the Goods are found to be defective, we shall replace defective Goods free of charge one year from the date of delivery, subject to the following conditions;
  • you notify us in writing immediately upon the defect becoming apparent;
  • the defect being purely due to mechanical fault;
  • the Goods are not physically damaged or due to water or other external factors.
  • Any Goods to be repaired or replaced shall be returned to us at your expense.
  • Where the Goods have been manufactured and supplied to us by a third party, any warranty granted to us in respect of the Goods shall be passed on to you and you shall have no other remedy against us
  • We shall be entitled in our absolute discretion to refund the price of the defective Goods.
  • The remedies contained in this Clause are without prejudice and subject to the other Conditions herein, including, but without limitation, to conditions 11 and 12

 

  1. Liability
  • No liability of any nature shall be incurred or accepted by us in respect of any representation made by us, or on our behalf, to you, or to any party acting on your behalf, prior to the making of this contract where such representations were made or given in relation to:-
  • the correspondence of the Goods with any description or picture;
  • the quality of the Goods; or
  • the fitness of the Goods for any purpose whatsoever.
  • Except where you deal as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law.
  • For the avoidance of doubt we shall not be liable for any loss of profit, loss of goodwill, loss of business, loss of business opportunity loss of anticipated saving, loss or corruption of data or information, special, the consequential or indirect loss suffered by you or by any third party in relation to this order and you shall indemnify us in respect of any claim of any person in respect of such consequential or indirect loss.

 

  1. Limitation of Liability
  • Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, we shall be liable for all loss or damage suffered by you but in an amount not exceeding the actual price paid for the Goods.
  • Nothing contained in these Conditions shall be construed so as to limit or exclude our liability for death or personal injury as a result of our negligence or our employees or agents.

 

  1. Force Majeure
  • We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, fire, other industrial action by third parties, acts of local or central government or other competent authorities, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, Fedex or DHL, Ferrari Group, or any other courier service.
  • If an event as mentioned above takes place our obligations under an Order will be suspended and the time for performance of our obligations will be extended for the duration of the event.
  • We shall be entitled to a reasonable extension of our obligations if an event as mentioned above takes place. If the event affects our delivery of the Goods to you, we will arrange a new delivery date with you after the event is over.
  • If the delay persists for such time as we consider unreasonable, we may without liability on our part, terminate the contract or any part of it.

 

  1. Relationship of Parties

Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Conditions shall be deemed to construe either of the parties as the agent of the other.

 

  1. Assignment and Sub-Contracting

The contract between us for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by you, without our prior written consent.

 

  1. Waiver

The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.

 

  1. Severability

If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

  1. Notices

Any notices to be served under these Terms shall be served by first class pre-paid post or e-mail at the registered office of the Seller or at the delivery address supplied by you.

 

  1. No set off

You may not withhold payment of any invoice or other amount due to us by reason of any right of set-off or counterclaim which you may have or allege to have for any reason whatsoever.

 

  1. Entire Agreement

These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.

 

  1. Governing Law, Jurisdiction and Complaints
  • The construction, validity, performance of these terms and delivery shall be governed by and construed in accordance with the law of England.
  • Disputes can be submitted to the jurisdiction of the courts of England & Wales.
  • We try to avoid with any disputes, we deal with complaints as follows:
    • You are advised to emails us your grievance or complaint on [email protected]
    • We will respond within 15 days with a possible solution or seek more information regarding your complaint.
    • Within 30 days try and resolve the complaint and provide you with a resolution.