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13 Shepherd Market, Mayfair, London, United Kingdom
Hong KongCOLLECTION POINT
Tonnochy Road, Wan Chai
MelbourneDELIVER iN PERSON
PO BOX 1005 Hartwell VIC 3124
Website — terms of access
This website (the “Website”) is owned and operated by Watches of Mayfair Pty Ltd (ACN 632 128 262) (referred to as “we”, “us” and “our” and similar grammatical forms) The material on the Website is copyright © 2020 Watches of Mayfair Pty Ltd or other copyright owners.
By accessing or using the Website, providing or uploading information to the Website or purchasing products through the Website, you accept and agree to be bound by these terms of access (“Terms”) without alteration. If you do not accept the Terms, you must not access or use the Website.
If you have any questions or complaints about the Terms, please contact us on [email protected].
1. The Website
- We are a re-seller of watches and fine jewelry (“Products”) and you may purchase the Products through the Website.
- The Website allows you to browse the Products by viewing images and descriptions of the Products.
2. Use and access to the Website
- Except for the limited use set out in clause 2(B), you may not use the Website, or the material contained on it, for any purpose. This involves:
- (I) the reproduction or distribution of the material in any material form;
- (II) re-transmission of the material by any medium of communication;
- (III) embedding or linking this Website in other sites without our consent;
- (IV) uploading or reposting the material to any other site on the internet;
- (V) “framing” the material on the Website with other material on any other website.
- The above are unlawful in any jurisdiction and are specifically prohibited by these Terms.
- Despite the above restrictions on use of the material on the Website, you may, conditional on your acceptance without alteration of the Terms:
- (I) access and use the Website;
- (II) create a user account;
- (III) upload information as permitted by the Website;
- (IV) purchase Products;
- (V) download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
- We reserve all intellectual property rights, including, but not limited to, copyright in material, goods or services provided on the Website. The material provided on the Website is provided for personal use only and may not be:
- (I) re-sold or re-distributed in any material form;
- (II) stored in any storage media;
- (III) re-transmitted in any media, without our prior written consent.
- You must:
- (I) provide current, complete and accurate information for all purchases made on the Website;
- (II) not purchase the Products for the purpose of on-selling them as a dealer, reseller or distributor and we may refuse your order if we suspect (in our absolute discretion) that you may be doing so;
- (III) not use this Website if you are under 18 unless you have the permission of your parent or guardian.
- You must not misuse this Website.You must not:
- (I) commit or encourage a criminal offense;
- (II) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- (III) hack into any aspect of the Website;
- (IV) corrupt data;
- (V) cause annoyance to other users;
- (VI) infringe upon the rights of any other person's proprietary rights;
- (VII) send any unsolicited advertising or promotional material, commonly referred to as "spam";
- (VIII) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
- (IX) modify or copy the layout of the Website or any computer software and code contained in the Website.
- The Website allows you to post reviews of the Products. If any review you post is offensive, abusive or inappropriate we may (in our absolute discretion) remove it without notice to you.
Online Store Terms
1. Creating an account
- You may register for an account on the Website by following the prompts for registration on the Website.
- Registration is not required to purchase a Product, but it allows you to view orders placed, subscribe to our newsletter, save Products on the “wishlist” and other features.
- Registration requires you to provide us with certain information, such as your name and contact details, and to create a login and password.
- You may register for an account manually or by permitting access to your Facebook or Google profile to populate your account details.
- You are responsible for maintaining the confidentiality and security of your login and password details and any and all activities on the Website which occur under your login and password.
- You must not share your login and password details with anyone, let anyone else access your account or do anything that might put the security of your account at risk.
- We may terminate your account at any time, for any reason and without notice.
- All information you enter on your account must be accurate, complete and not misleading. You are responsible for maintaining and updating that information.
- You must indemnify us for any losses, costs, expenses or damages that we may suffer or incur if any of the information provided by you on your account is not correct.
- The Website allows you to place an order for a Product. Your order is an offer to us to purchase the Product for the purchase price specified in the order and we may, in our absolute discretion, accept or decline that order.
- In order to make a valid offer, you must provide correct and valid credit card or debit card details at the time that you place your order and the purchase price may appear as a “pending transaction”. We may, in our absolute discretion, only accept your order if you pay us the purchase price via a direct debit transfer instead of a credit card or debit card payment and we will notify you of this via email.
- Our acknowledgement of an order does not constitute our acceptance of that order or that a binding contract between us has been formed.
- We may accept your offer via email to you stating that your order has been accepted, that you have been charged (or that payment has been received) and that the Product is ready for dispatch or has been dispatched. A binding contract between us for the purchase of the Product is formed when we send the acceptance email to you.
- We may, for any reason and in our absolute discretion:
- (I) refuse to accept your order;
- (II) only accept to sell some, but not all, the Products you have ordered;
- (III) refuse to sell our Products to a particular country, jurisdiction or location;
- (IV) limit or cancel quantities purchased per person, per household or per order.
- Each confirmed order constitutes a separate contract between you and us and will be governed by the Terms.
3. Order Cancellation
- We may, for any reason and in our absolute discretion, cancel an order before the Product is delivered (even after we have accepted the order pursuant to clause 4(D)). This may happen because of an event outside of our control, a price or description error, insufficient stock or because we cannot meet a delivery deadline.
- If we do not accept your offer or cancel your order after we have accepted it under clause 4(D), we will:
- (I) send you an email informing you of this;
- (II) not charge you for the Product or, if you have already been charged, refund the payment within 14 business days (unless we reasonably suspect a fraudulent payment).
- If the Product is subsequently delivered after we send you an email under clause 5(B), you must return the Product to us to PO BOX 1005 Hartwell VIC 3124 within 3 business days of delivery.
4. Product descriptions and images
- We do not guarantee that the Product will be identical to the description, image or illustration of that Product appearing on the Website.
- The Product may vary slightly from the description, image or illustration of that Product appearing on the Website.
- To the extent permitted by law and unless otherwise stated on the Website, we make no representations about the size of the strap of a watch and whether it will fit your, or another person’s wrist. It is your responsibility to make any necessary alterations, at your cost, to the strap.
- The prices for our Products are converted from Euros to Australian dollars based on the exchange rate applicable from time to time. The prices of the Products are as quoted on the Website from time to time and are subject to change without notice (to reflect the fluctuating exchange rate or for any other reason).
- When we accept your offer under clause 4(D), we may, in our absolute discretion, apply any price that was advertised on the Website within 24 hours prior to payment.
- Where the price quoted on the Website is incorrect (and that pricing error is reasonably obvious), we may by email notice to you terminate any contract formed between us and require you to return the Product to us. You must comply with that notice within 14 business days. We will refund any amounts paid for the Product (in Australian dollars) once we have received the Product from you.
- Unless otherwise specified, the prices are inclusive of GST, all import duties (in Australia only) and shipment fees across Australia and internationally.
- If you are based outside of Australia, you are responsible for all import duties and taxes.
- Subject to the Terms, we will deliver the Product ordered by you and accepted by us through a courier or postal service of our choice to the delivery address that you have given us.
- We deliver in Australia and internationally except to the following countries: Afghanistan, Angola, Cuba, Eritrea, Ethiopia, Germany, Iran, Iraq, Kyrgyzstan, Liberia, Myanmar, Nigeria, North Korea, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan, and Zimbabwe and any other country where the local legislation decrees insurance must be effected locally.
- We do not deliver to Europe and to members of the Commonwealth of Independent States. Please go to watchesofmayfair.com to make a purchase of a product that may be delivered there.
- Risk of loss or damage to the Products passes to you at the time of delivery.
- We offer in-person delivery in Melbourne only. Please contact us on [email protected] to enquire about such deliveries.
7. Delivery times
- Before we accept your offer, we will advise you on the estimated date or timeframe for delivery. We do not guarantee delivery of the Product within a specific timeframe and delivery times vary depending on the stock availability and the delivery destination.
- If you have requested a specific delivery date (where that option is available to you) we will notify you if it is not possible to deliver on the relevant day and provide you with a new delivery time.
8. Limitation of liability
- We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- (I) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites;
- (II) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
- We are not liable to you for:
- (I) errors or omissions in the Website, or linked sites on the internet;
- (II) delays to, interruptions of or cessation of the services provided in the Website, or linked sites;
- (III) defamatory, offensive or illegal conduct of any user of the Website;
- (IV) loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked sites, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
- We are not liable for:
- (I) any modification, price change, suspension or discontinuance of the Products or any feature or tool on the Website.
- (II) any loss or damage caused by a delay in delivery of a Product.
Website Usage Terms
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law, we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
- The Australian Consumer Law may give you certain guarantees. Where liability for breach of any such guarantee can be limited, our liability (if any) arising from any breach of those guarantees is limited, at our choice, to one or more of the following:
- (I) if the breach of an implied warranty or condition relates to services;
- (II) the supply of the services again;
- (III) the payment of the cost of having the services supplied again;
- (IV) if the breach of an implied warranty or condition relates to goods;
- (V) the replacement of the goods or the supply of equivalent goods;
- (VI) the repair of such goods;
- (VII) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
You agree to indemnify, defend and hold us harmless, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.
3. Privacy and Personal Information Use
- We and any people or legal entities authorised by us may gather and process the personal information:
- (I) which you may provide when accessing the Website, such as your name, address, email address and other personal information about you;
- (II) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
- We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information.
4. Links to other websites
- This Website contains links to sites on the internet owned and operated by third parties and which are not under our control.
- In relation to the other sites on the internet, which are linked to the Website, we:
- (I) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site;
- (II) is not responsible for the material contained on those linked sites.
5. Termination of access
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
6. Alteration of Terms of Access
We reserve the right to change these Terms:
- with notice to you;
- without giving you any explanation or justification for such change.
It is your responsibility to check these Terms from time to time for any changes.
7. Alteration of the Website
We reserve the right, without notice and at any time, to:
- modify or discontinue our supply of the Products on the Website;
- change the Website;
- change or remove features or tools on the Website;
- insert additional features or tools to the Website and any such change, removal or insertion will be subject to the Terms.
8. Intellectual property rights
All logos, icons, brand names or service names that identify the owner of this Website are the owner’s copyright property or the owner’s trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
9. Relevant jurisdiction
- If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms of Access will be governed by and interpreted in accordance with the law of the state of Victoria, Australia, without giving effect to any principles of conflicts of laws.
- You agree to the non-exclusive jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms.
10. Entire agreement
The Terms constitute the entire agreement of the parties in respect of the subject matter of the Terms and supersede all prior discussions, undertakings and agreements.
If any provision of the Terms is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of the Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
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