Sales Conditions – Swatch and Flik Flak (Australia)

 

  1. 1. General
    1. 1.1. These are the Sales Conditions of The Swatch Group (Australia) Pty. Ltd. (ABN 20 004 287 110) of Level 3, 40 River Boulevard, Richmond VIC 3121, Australia (hereinafter “we”, “us”, “our”).
    2. 1.2. The effective date of these Sales Conditions is 1 September 2025.
    3. 1.3. These Sales Conditions apply to the sale of products and services on this website. Please read them before ordering. By ordering on this website, you agree to be bound by these Sales Conditions.
    4. 1.4. By placing an order on this website, you confirm to be of legal capacity to enter into a consumer contract.
  2. 2. Order Process
    1. 2.1. Your order on this website constitutes an offer to purchase under these Sales Conditions.
    2. 2.2. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Orders are subject to acceptance by us and availability of the ordered products and services.
    3. 2.3. By placing your order, you: (a) agree that product and service descriptions are correct at the date of publication but are subject to availability or change without notice, and we reserve the right to refuse an order and to limit the order quantity on any item, (b) acknowledge that the photographs and description is for information purposes only, and that we do not guarantee that it is accurate or current, and (c) release us to the full extent permitted by law from any liability for any errors or inaccurate display.
    4. 2.4. Information provided by you in connection with your order, such as messages for gift cards, texts/pictures for personalization (e.g. engraving), or photographs of your watch and movement, can be refused without stating any reason. In such case, we are free to cancel your contract and refund you or to cancel your order (as applicable). We do not bear any responsibility for the correctness or suitability of such information for the purpose.
    5. 2.5. You authorise us to perform identity, address and bank card validation checks to prevent fraud and, if acceptable, we will then process your order.
    6. 2.6. We will confirm acceptance of your offer to purchase by sending you an order confirmation (invoice) by email and this will constitute a binding contract between you and us.
    7. 2.7. The contract will relate only to those products and services whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products or services, which may have been part of your order until the dispatch of such products or services has been confirmed in a separate order confirmation.
  3. 3. Price and Payment
    1. 3.1. The prices on this website are in AUD and include GST as well as the default delivery fees (unless stated otherwise on the check-out page and in the order confirmation). 
    2. 3.2. We may change the prices on this website at any time, which shall not be applicable to prices confirmed by us in an order confirmation.
    3. 3.3. You can make your payment using the payment options / third party providers available on this website at the time of your purchase, which may include:
      1. 3.3.1. credit cards or debit cards,
      2. 3.3.2. digital wallet,
      3. 3.3.3. invoice, by installments or by direct bank transfer as provided by third party providers.
    4. 3.4. If you pay by card, you are subject to validation checks and authorization by the card issuer. We may share your personal information with such third parties which are necessary to enable us to carry out such checks. If the issuer of the card refuses to authorize payment to us, the order will not be accepted and therefore we will not be liable for any delay or non-delivery. Payment will be deducted from your card before your order is shipped. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail to pay on time.
    5. 3.5. If you pay by card, you need to provide your card number, the expiry date and, when required, the card verification code and to authenticate yourself by a process with three domains security layer (e.g. 3D Secure, ProtectBuy, SafeKey).
    6. 3.6. We may offer alternative payment options in collaboration with third party payment providers, such as pay by digital wallet, direct bank transfer, pay by installments or pay by invoice. If you choose such options, you agree to be bound by such third parties’ terms as indicated in the checkout process or in these Sales Conditions and acknowledge that such third parties process your personal data for the payment purposes as described in their privacy notices.
    7. 3.7. We may offer alternative delivery options in collaboration with third party providers which are not covered by the default delivery fees. If you choose such option, the additional fees will be specified in the checkout process and in the order confirmation.
    8. 3.8. Our website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products and services listed therein may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where the correct price is less than our stated price, we will charge the lower amount. If the correct price is higher than the price stated on the website, we will, at our discretion, either contact you for confirmation of the correct price, or reject your order and notify you accordingly.
    9. 3.9. We are under no obligation to provide the product or service to you at the incorrect lower price.
  4. 4. Delivery
    1. 4.1. We specify the estimated delivery times and the delivery fees of the available delivery options in the checkout process and in the order confirmation.
    2. 4.2. If we cannot deliver within the estimated delivery time, we will contact you to propose a new date. If we cannot deliver within 30 days upon our order confirmation and you refuse delayed delivery, then you may cancel your order and obtain a refund.
    3. 4.3. We only accept orders for delivery to Australia and New Zealand. We do not deliver to hotels and hostels, post office box addresses and to certain military locations.
    4. 4.4. By placing an order you agree that delivery may be in instalments.
  5. 5. Passing of Ownership and Risk
    1. 5.1. Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or upon delivery. We may recover any products supplied at any time prior to ownership passing if you are in breach of these Sales Conditions.
    2. 5.2. Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.
  6. 6. Liability
    1. 6.1. To the maximum extent permitted by law:
    • • our liability is excluded for any loss or damage incurred in relation to your error or breach of these conditions, use of this website, any delay, loss or compromise of data, or any other matters outside of our control, and for any indirect, special, economic or consequential loss or damage of any kind (including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) and however caused (including by tort, negligence, breach of contract, breach of statute or otherwise at law), even if foreseeable, in relation to the products / services; and
    • • our aggregate liability to you is limited to the total amount paid by you for the relevant products / services.
  7. 7. Law and Jurisdiction
    1. 7.1. Contracts concluded on this website between you and us shall be governed and interpreted in accordance with the laws of Victoria, Australia, without giving effect to its rules of conflict of laws and regardless of the place of its physical execution or performance.
    2. 7.2. As far as legally permitted, disputes arising out of the conclusion, execution or cancellation of such contracts shall be exclusively decided by the ordinary competent courts of Victoria, Australia, without restricting any right of appeal. Notwithstanding the above, each of the parties shall, however be authorized to seek interim orders and injunctive measures before any competent authority worldwide.
  8. 8. Miscellaneous
    1. 8.1. You may not assign any rights out of your contract with us to any third party without our prior written approval.
    2. 8.2. Invalidity of any provision in these Sales Conditions shall not affect the validity of the contract between you and us.
    3. 8.3. If you are using this website, you agree to electronic communication with us.
    4. 8.4. We can be contacted as follows: Attn: Swatch Online Department, The Swatch Group (Australia) Pty. Ltd. of Level 3, 40 River Boulevard, Richmond VIC 3121, Australia, email: connect@swatch.com.au / contact form.
  9. 9. Right to Cancel
    1. 9.1. You may cancel your purchase, return the purchased items and claim a refund within 14 days without giving any reason.
    2. 9.2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product.
    3. 9.3. To exercise the right to cancel, you must send the product(s) (including gifts, if any, that came with your purchase) back to us and inform us in accordance with the Delivery and Returns Policy, within the cancellation period.
    4. 9.4. Only new, unworn products, together with their warranty card and in their original packaging, may be returned. Returns of products of which the seal has been broken will not be accepted. The right to cancel does not apply to products which are tailor-made or personalized. The right to cancel does also not apply to services that have been fully provided and to the already executed delivery of digital content.
    5. 9.5. If you cancel this contract and the products meet the requirements of clause 9.4. above, we will reimburse you in full (less any delivery charges for orders delivered to New Zealand). We may however make a deduction from the reimbursement if there are any missing items or for loss of value of any products supplied, if the loss is the result of handling by you. 
    6. 9.6. We will make the reimbursement not later than 30 days after receipt of the returned product using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
    7. 9.7. You will be responsible for all costs associated with returning the products under this Article 9 and bear the risk of any damage that occurs in returning the products to us.
  10. 10. Warranty
    1. 10.1. All products sold by us under these Sales Conditions are covered by the manufacturer’s Australian / New Zealand Warranty, which does not affect your legal rights towards us as a seller.
  11. 11. Deliver to Store
    1. 11.1 We may from time to time offer a “Deliver to Store” delivery option that permits you to collect your order from a specified Swatch store.
    2. 11.2 If you select “Deliver to Store” as your delivery option, you will receive an email when your order is ready to collect from the selected Swatch store. You will have 14 days from the date of the notification to collect your order.
    3. 11.3 To collect your order you must present to the Swatch store staff a copy of your order confirmation, a valid identity document in the same name as the order (such as a driver licence or passport) and, if requested, the payment method used to place the order (such as a credit or debit card). You may also be required to sign documentation authorising the release of the order. You agree that we may take copies of any required documents for fraud protection purposes. If you are unable to comply or refuse, we may not release your order.
    4. 11.4 If you fail to collect your order within the specified time, we will cancel your order and provide you a refund to the payment method you used to place the order.
    5. 11.5 The delivery of your order to the Swatch store may be delayed by availability of the ordered product(s) or events outside of our reasonable control. If your order cannot be delivered to the Swatch store within a reasonable time, you agree that we may cancel your order and provide you a refund to the payment method you used to place the order.
    6. 11.6 Change of mind returns for orders on this website are not accepted in Swatch stores and must be returned in accordance with the Delivery and Returns Policy.

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