CONDITIONS OF SALE

1. General

1.1 These conditions of sale apply to our supply to you of any of the products listed on this website www.hamiltonwatch.com/en-au. 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 terms and conditions as set out below.

1.2 As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law ("Consumer Rights"). Your Consumer Rights include statutory guarantees that any products supplied to you will be of acceptable quality, match their description and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses. Manufacturers of goods also have an obligation to compensate consumers for loss or damage if the consumer is injured or consumer goods are damaged due to a safety defect in goods supplied. For more information on your Consumer Rights, you can visit the Australian Competition and Consumer Commission's website at www.accc.gov.au. Nothing in these conditions of sale is intended to exclude, restrict or modify any of your Consumer Rights.

1.3 You should print a copy of these conditions of sale for future reference.

1.4 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.

1.5 This website is operated by The Swatch Group (Australia) Pty. Ltd. (ABN 20 004 287 110) of Level 3, 40 River Boulevard, Richmond, Victoria 3121, Australia (“we”, “us”, “our”). The Swatch Group (Australia) Pty. Ltd. is an affiliated company of The Swatch Group Ltd., Biel, Switzerland.

2. YOUR STATUS

2.1 By placing an order through our site, you warrant that:

2.1.1 You are legally capable of entering into binding contracts; and

2.1.2 You are at least 18 years old.

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, subject to errors in typography or photography for which we are not liable, and are subject to change without notice.

3.4 Orders are subject to acceptance by us and availability of the ordered products.

3.5 If the products ordered are not available, we will notify you by email and you will have the option either to wait until the item is available from stock or to cancel the order.

3.6 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.

3.7 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. PRE-ORDER

HAMILTON offers the possibility to pre-order products before their commercial launch and distribution on the market ("HAMILTON Pre-order Product") on its own e-commerce website. Pre-ordering means that you reserve a HAMILTON Pre-Order Product and pay a deposit or the full price of the HAMILTON Pre-Order Product that will be available at a future date. Placing a Pre-order provides you a priority access to the HAMILTON Pre-Order Product as soon as it becomes available.

This option is limited to specific HAMILTON products only. When available, the Pre-order option is expressly mentioned on the HAMILTON product webpage of each relevant HAMILTON product.

Pre-orders are subject to Sales Conditions and the following terms:

4.1 We may at our sole discretion decide for which HAMILTON product the Pre-order option may apply.

4.2 The HAMILTON Pre-order Products are only available in limited quantities or available during a limited time. You acknowledge that we may not be able to fulfil your Pre-order due to limited quantities or the limited offer in time.

4.3 Pre-order is limited to one (1) HAMILTON Pre-order Product per Pre-order, and shall be separate from any other product purchase.

4.4 Your Pre-order constitutes an offer to purchase under these Sales Conditions.

4.5 In order to submit your Pre-order, the deposit (Including VAT, and shipping costs if any) or the full price (including VAT, and shipping cost if any) indicated on the checkout webpage must be paid immediately.

4.6 You will receive from us an automated acknowledgement of receipt of your online Pre-order.

4.7 We will confirm acceptance of your offer to purchase in a separate communication, by sending you a Pre-order acceptance confirmation by email and this will constitute a binding contract between you and us.

4.8 In this email confirming acceptance of your offer we will inform you about the following:

The (expected) date when the HAMILTON Pre-order Product is available for shipping;
The fix deadline within which you have to pay the open balance of the HAMILTON Pre-order Product price, if any;
The instructions on how to pay any remaining amount due. Payment shall be made through your HAMILTON account, through a link to an online secured payment platform that we may provide you with.

4.9 The payment of a deposit or the full upfront payment does not entitle you to any sort of discount or interest.

4.10 The failure to pay in time the open balance of the HAMILTON Pre-order Product price will automatically lead to the cancellation of your Pre-order.

4.11 The HAMILTON Pre-order Product will only be shipped after the full payment is received.

4.12 If, for whatever reason, the HAMILTON Pre-order Product you have pre-ordered is not available, HAMILTON will inform you immediately by email about the cancellation of the sales contract.

4.13 In case of cancellation of your Pre-order by HAMILTON in accordance to this Sales Conditions, and to the extent permitted by law, you will not be entitled to any compensation or remedies, except to the refund of Pre-order costs.

5. PRICE AND PAYMENT

5.1 Subject to 5.3 and 5.4, the price of any product will be as displayed on this website from time to time. When you buy a product from this website, you will have to pay the price displayed (which is inclusive of GST at the current rates) together with delivery costs (except where delivery is expressly stated to be for free or included in the price of the product), which will be added to the total amount due, as set out in our Delivery and Returns Policy.

5.2 Prices are subject to change at any time, but changes will not affect orders already placed (whether or not we have sent you an order confirmation).

5.3 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the prices may be incorrectly stated. 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, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

5.4 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 unmistakable and could have reasonably been recognized by you as a mispricing.

5.5 Payment can be made by the payment methods 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 payment method until we dispatch your order.

5.6 All card/account holders are subject to validation checks and authorisation by the payment provider. We may share the card/account holder's personal information with such third parties as are necessary to enable us to do such checks. If the payment provider refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

5.7 Payment must be made before supply of the products. We will deduct full payment from your payment method 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.

DELIVERY

6.1 We will confirm the shipping date (including tracking number) by issuing you a shipping notice. Delivery will take place within 5 business days after the date of order unless specifically otherwise agreed at the time of making the order.

6.2 The place of delivery is as stated in the order confirmation. We will deliver within Australia only and excluding its External Territories. For practical reasons, we may deliver several products from the same order by instalments, which we will communicate to you with the shipping notice.

6.3 If we cannot meet the estimated delivery date indicated in the order confirmation and the revised delivery date will exceed 5 business 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 5 business 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. Where the products are delivered in instalments, then, unless expressly otherwise agreed, all of these instalments will be delivered within 5 business days of placing the order.

7. PASSING OF OWNERSHIP AND RISK

7.1 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 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.

7.2 Risk in relation to the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to the products.

8. ACCEPTANCE OF PRODUCTS, RIGHT OF CANCELLATION

8.1 You must notify us of any missing products, or damage or defects to the products as soon as you become aware of them following delivery.

8.2 If you are contracting as a consumer and have changed your mind in relation to the product, you may cancel the contract between you and us for any reason, by sending written notice (including email) until, but no later than 14 days after the day of receipt of the products, without incurring any obligation or liability to us.

8.3 , you must return the products (including any accessories which were included in the price of the products) with proof of purchase in their original condition to the address in paragraph 11.4 below as further set out in our Delivery and Returns Policy. If not all accessories that were included originally with the products are returned, we shall be entitled to charge you for the cost of the missing items. If you do not return the products to us in accordance with these conditions of sale, the products must be made available for collection and we may charge you the costs incurred in collecting the products. You must take reasonable care of the products until returned or collected.

8.4 On cancellation of the contract between you and us, we will refund you the price paid, less the direct cost of collecting the products (where applicable), within a period of 30 days from the date of cancellation.

9. OUR REFUNDS POLICY

9.1 When you return a product to us (for instance, because you claim that the product is defective), we will examine the returned product and will notify you of any refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day we confirmed to you via email that you were entitled to a refund.

9.2 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 cost incurred by you in returning the item to us.

9.3 Products returned by you within the fourteen-day cooling-off period (see paragraph 7.2 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

10.WARRANTY, REPAIRS, REPLACEMENT

10.1 Warranty for products. All products offered for sale on this website have the benefit of the HAMILTON International Warranty.

LIABILITY

11.1 Subject to paragraph 11.2, our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product.

11.2 This does not include or limit in any way our liability:

11.2.1 For death or personal injury caused by our negligence;

11.2.2 For breach of your Consumer Rights.

11.2.3 For fraud or fraudulent misrepresentation; or

11.2.4 For any other matter for which it would be illegal for us to exclude, restrict or modify, or attempt to exclude, restrict or modify our liability

11.3 We accept no liability 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, except to the extent that such loss arises as a result of a breach by us of your Consumer Rights or as a result of our negligence or we cannot otherwise legally exclude our liability to you for such amounts.

12. MISCELLANEOUS

12.1 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 the contract, or any of your rights or obligations arising under it, without our prior written consent. 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 Ltd., in whole or in part and provided that the assignment, subcontract or transfer occurs without negatively affecting the provision of the products and your rights or remedies under these conditions of sale

12.2 Severability. If any of the terms of these conditions of sale shall be deemed unlawful, void or for any reason unenforceable, then that term shall be deemed severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12.3 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 generally 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. This condition does not affect your statutory rights.

12.4 Notices. All notices given by you to us must be given to The Swatch Group (Australia) Pty. Ltd. Attn: Hamilton Online Department, Level 3, 40 River Boulevard, Richmond, Victoria 3121, Australia or emailed us. We may give notice to you at either the email or postal address you provide to us when placing an order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

12.5 Events outside our control. 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, including any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

12.5.1 Strikes, lock-outs or other industrial action.

12.5.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

12.5.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

12.5.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.5.5 Impossibility of the use of public or private telecommunications networks

12.5.6 The acts, decrees, legislation, regulations or restrictions of any government.

12.6 Our performance under any contract between you and us is deemed to be suspended for the period that the event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under the contract between you and us may be performed despite the event. If the event continues for more than 45 days, either party may terminate the contract by written notice to the other

12.7 Waiver. If we fail, at any time during the term of a contract between you and us, to insist upon strict performance of any of your obligations under a contract between you and us or any of these conditions of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract between you and us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these conditions of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12.4 above.

13. OUR RIGHT TO VARY THESE CONDITIONS OF SALE

13.1 We have the right to revise and amend these conditions of sale from time to time.

13.2 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), or if we notify you of the change to those policies or these conditions of sale before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the conditions of sale, unless you notify us to the contrary within seven working days of receipt by you of the products).

14. LAW AND JURISDICTION

14.1 These conditions of sale and any contract for the purchase of products formed under them are governed by the laws of Victoria and you and us irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

David Jones Online