CONDITIONS OF SALE
1.1 These conditions of sale apply to our supply to you of any of the products listed on this website https://shop.swatch.com/en_za/ . Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these conditions of sale as set out below.
1.2 You should print a copy of these conditions of sale for future reference.
1.3 Please click on the button marked "I Accept" at the end of the order process if you accept them. Please understand that if you refuse to accept these conditions of sale, you will not be able to order any products from this website.
1.4 This website is operated by The Swatch Group South Africa Proprietary Limited, with registration number 2002/018809/07, a company registered in the Republic of South Africa, with its principle place of business at Fourth Floor, 85 Grayston Drive, Morningside, Sandton, 2196 (“we”, “us”, “our”). The Swatch Group South Africa Proprietary Limited is an affiliated company of The Swatch Group Ltd., Biel, Switzerland. Information about our office bearers can be obtained from us at email@example.com
2. Your status
2.1 By placing an order through our site, you confirm that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old.
2.2 If you are contracting as a consumer, please note that nothing in the contract between you and us or these conditions of sale affect your legal rights as a consumer.
3. Purchase of goods, order process
3.1 Your order for a product shall be regarded as an offer to purchase products under these conditions of sale.
3.2 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.
3.3 Product descriptions are correct at the date of publication but are subject to availability or change without notice.
3.4 Orders are subject to acceptance by us and availability of the ordered products. We cannot be responsible for errors in typography or photography.
3.5 We will confirm acceptance to you by sending you an order confirmation by email and this will constitute a binding contract between you and us.
3.6 The contract will relate only to those products whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate order confirmation.
4. Price and payment
4.1 The price of any product will be as displayed on this website from time to time, except in cases of obvious error. When you buy a product from this website, you will have to pay the price displayed (which is inclusive of VAT at the current rates) together with delivery costs, which, if applicable, will be added to the total amount due as set out in our guide to delivery costs (Delivery and Returns).
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.3 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of a product is less than our stated price, we will charge the lower amount when dispatching the product to you. If the correct price of a product is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
4.4 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.5 Payment can be made by the credit/debit cards as detailed in the ordering process. We will display the price that you have to pay on the order confirmation. We will not charge your credit/debit card until we despatch your order.
4.6 All card holders are subject to validation checks and authorisation by the card issuer. We may share the credit card holder's personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
4.7 Payment must be made before supply of the products. We will deduct full payment from your credit/debit card just before we ship the products. 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, without good reason, to pay on time.
4.8 We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
5.1 We will confirm the shipping date (including tracking number) by issuing you a shipping notice. Delivery will normally take place within 5-7 days (but subject to a maximum of 30 days) after the date of order unless specifically otherwise agreed at the time of making the order
5.2 The place of delivery is as stated in the order confirmation. We will deliver within South Africa only.
5.3 If we cannot meet the estimated delivery date indicated in the order confirmation and the revised delivery date will exceed 30 days from the original date of order, then we will contact you to advise you of a proposed new date for delivery. If you refuse the revised delivery date and we are unable to deliver the product(s) within 30 days from the original date of your order or prior to the specifically agreed delivery date if applicable, then you may cancel the order without charge and obtain a full refund.
6. Passing of ownership and risk
6.1 Ownership of the products will pass to you at receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.
6.2 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.
7. Right of cancellation
7.1 Please notify us of any missing products, or damage or defects to the products promptly following delivery or once you become aware of them.
7.2 If you are contracting as a consumer, you may cancel the contract between you and us for any reason, not later than 7 days from the day after the day of receipt of the products, without incurring any obligation or liability to us. You may notify us in writing by email firstname.lastname@example.org or by phone + 27 11 911 1200.
7.3 The right to cancel does not apply to products which are tailor-made or clearly personalized.
7.4 If you cancel, you must return the products (including any accessories which were included in the price of the products) within 7 days of your cancelling the contract in their original condition, undamaged and at your cost. If not all accessories that were included with the products are returned, we shall be entitled to charge you for the cost of the missing items. You must take reasonable care of the products until returned.
7.5 On cancellation of the contract between you and us, we will refund you the price paid, within a period of 14 days of the day we receive the products back or, if earlier, the receipt by us of proof of the return of the products.
7.6 Following cancellation you must return the products to us at the address indicated in paragraph 9.6. Returns must not be sent to any other address and/or in store. Please see our Delivery and Returns Policy HERE for details of how you can return your product.
Details of your legal right to cancel, and an explanation of how to exercise it, are provided in the order confirmation.
8. Our refunds policy
8.1 When you return a product to us (for instance, because you have cancelled the contract between you and us or you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will refund any money received from you using the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we received the products back or, if earlier, the receipt by us of proof of the return of the products or, in the case of a defective product, the day we confirmed to you via email that you were entitled to a refund for the defective product.
8.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
8.3 Contracts cancelled by you within the seven (7) day cancellation period (see paragraph 7.2 above) will be refunded in full.
8.4 You must take reasonable care of the products until returned. For example, if a watch arrives back to our logistics centre with the bracelet or strap damaged in any way (not due to our fault or negligence) or not in its original condition, then we reserve the right to refuse the return or to refund the price of the watch but less the costs for a new bracelet or strap.
9. Repairs and replacements
9.1 Warranty for watches. All watches offered for sale on this website have the additional benefit of the Swatch International Warranty to be free from material or manufacturing defects for 24 months. The full warranty terms are in the International Warranty document provided with each watch. This warranty is in addition to and does not affect your legal rights.
9.2 Warranty claims may be made either with one of our authorized retailers or by returning the product to us. Warranty claims must be accompanied by a proof of purchase that verifies the date of purchase. Please note that for online sales, the International Warranty certificate provided with each watch does not act as proof of purchase. The following are acceptable as proof of purchase:
9.3 the original delivery note,
9.3.1 the order confirmation,
9.3.2 a bank or credit card statement.
9.3.3 If proof of purchase is unavailable, an item might still be treated as being under warranty based on the length of time that it has been available.
9.4 Any returns of products based on the contract between you and us will be collected by us at the address indicated by you.
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
10.1.1 For death or personal injury caused by our negligence;
10.2 For defective products under The Consumer Protection Act 68 of 2008;
10.2.1 For fraud or fraudulent misrepresentation;
10.3 WE ARE NOT LIABLE FOR BUSINESS LOSSES. IF YOU USE THE PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY 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 OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
11.1 Transfer of rights and obligations. The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent (which we will not unreasonably withhold). Save that you can transfer the Swatch International Warranty for watches, in accordance with its terms and upon notice to us, to any person to whom you transfer the watch. We may assign, subcontract or transfer any of our obligations or rights under the contract between you and us to a competent third party, in particular to other affiliates of The Swatch Group South Africa Proprietary Limited., in whole or in part, provided that the assignment, subcontract or transfer occurs without negatively affecting the provision of the products and your rights or remedies under this contract.
11.2 Severability. If any part of these conditions of sale or our contract shall be considered unlawful, void or for any reason unenforceable, then the remaining terms, conditions and provisions will continue to be valid and remain in full force and effect to the fullest extent permitted by law.
11.3 Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
11.4 Notices. All notices given by you to us may be given to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11.3.
11.5 Events outside our control. If our supply of the products is delayed by an event outside of our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our reasonable control. If there is a risk of substantial delay, you may contact us to end the contract and receive a full refund for any products you have paid for but not received.
11.6 Waiver. If we do not insist immediately that you do anything you are required to do under a contract between you and us or any of these conditions of sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12. Our right to vary these conditions of sale
12.1 We have the right to revise and amend these conditions of sale from time to time.
12.2 You will be subject to the policies and conditions of sale in force at the time that you order products from us, unless any change to those policies or these conditions of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
13. Law and jurisdiction
13.1 Contracts for the purchase of products through this website shall be interpreted and governed in accordance with South African law. The relevant courts of the Republic of South Africa shall have jurisdiction in respect of any dispute arising from contract between you and us and these conditions of sale.