CONDITIONS OF SALE
1. General
1.1
These Conditions of Sale apply to the supply to you of any of the products listed on this website http://www.hamiltonwatch.com/en-hk/ (“the Products”) by The Swatch Group (Hong Kong) Limited (“HAMILTON”, “we”, “us”, “our”). Please read these Conditions of Sale carefully before ordering any Products from this website. You should understand that by ordering any of our Products via this website, you agree to be bound by these terms and conditions 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 these Conditions of Sale. 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 (Hong Kong) Limited, 9/F Kerry Centre, 683 King’s Road, Quarry Bay, Hong Kong. We are registered in Hong Kong under company registration number 0045671. The Swatch Group (Hong Kong) Limited is an affiliated company of Hamilton International Ltd, LANGGASSE 85, CH, 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
HAMILTON will make its best efforts to ensure Product descriptions are correct at the date of publication subject to typography and photography error, for which we are not responsible, but Product descriptions are subject to change without notice.
3.4
Orders are subject to acceptance by HAMILTON at its sole discretion 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 (“the Order Confirmation”) and this will constitute a binding contract between you and us, subject to the other terms in these Conditions of Sale.
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.Price and payment
4.1
Subject to paragraph 4.3 and 4.4., 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 together with delivery costs (except where delivery is expressly stated to be free or included in the price of the Product), which, if applicable, will be added to the total amount due as set out in our Delivery, Returns and Exchange policy which terms and conditions form part of the Conditions of Sale applicable to the purchase of any Products on this website.
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 unmistakable and could have reasonably been recognised by you as a mis-pricing.
4.5
Payments can be made by the available payment methods as detailed in the ordering process. We will display the price that you have to pay on the Order Confirmation. Payments will be charged when you place your order with us. We accept payments by Visa, Mastercard, Union Pay, Alipay HK, Wechat Pay and Apple Pay
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. (please refer to our Privacy and Cookies Policy on this website). 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 card Account 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 payment in respect of your order is unable to be processed or if you fail, to pay on time.
4.8
Prices for Products ordered at this website may not be the same as the prices charged in a HAMILTON store or an authorized retailer of HAMILTON’s products in Hong Kong.
5. Delivery
5.1
We will confirm the shipping date (including tracking number) by issuing you a shipping notice (“the Shipping Notice”).
5.2
We offer express delivery service. Unless otherwise advised, orders will normally be delivered within 1 to 3 business days in Hong Kong (subject to a maximum of 30 days) after the date of order.
Please note that delivery might be delayed during public holiday.
5.3
The place of delivery is as stated in the Order Confirmation. We will deliver within Hong Kong. For Hong Kong SAR, it excludes Sha Tau Kok (inside restricted area), Ta Kwu Ling, Man Kam To, Mai Po, Lok Ma Chau, Closed Area, Tung Ping Chau, Mui Wo, Lamma Island, Peng Chau, Cheung Chau, Tai O, Lantau Island and P.O. Boxes. For practical reasons, we may deliver several Products from the same order by instalments, which we will communicate to you with the Shipping Notice.
Please note that orders requested a bracelet alteration service might be delayed for a maximum of 2 business days.
5.4
If we cannot meet the estimated delivery date indicated in the Order Confirmation and the revised delivery date will exceed 30 days after 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. Where the Products are delivered in instalments, then, unless expressly otherwise agreed at the time of placing the order, these instalments will be delivered within 30 days of placing the order.
6. Passing of ownership and risk
6.1
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.
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. Acceptance of Products, right of cancellation
7.1
You must notify us of any missing Products, or damage or defects to the Products promptly following delivery.
7.2
If you are dealing as a consumer, you may cancel the contract between you and us if the Product is defective, by sending written notice (including email) not later than 14 days from the day of receipt of the Products, without incurring any obligation or liability to HAMILTON.
7.3
If you cancel your order, 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, undamaged. 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.
7.4
On cancellation of the contract between you and us, we will refund you the price paid, within a period of 14 business days after the day we receive the Products back or, if earlier, the receipt by us of proof of the return of the Products.
7.5
Following cancellation, you must return the Products to us by passing the Products to our arranged courier. Returns must not be sent to any other address and/or in store.
7.6
Details of your right to cancel an order, 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 have notified us in accordance with paragraph 12 that you do not agree to any change in these Conditions of Sale or in any of our policies, or because 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 business 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, the day we confirmed to you via email that you were entitled to a refund for delivery of the defective Product.
8.2
Products returned by you because of a defect will be or refunded in full as appropriate, including a refund of the delivery charges for sending the item to you (if applicable) and we shall be responsible for the cost charged by the courier service arranged by us to pick up the returned product from you.
8.3
Products returned by you within the fourteen (14) day cancellation period (see paragraph 7.2 above) will be refunded in full, including the cost of sending the item to you (if applicable).
8.4
You must take reasonable care of the Products until returned. 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 or the relevant part.
9. Warranty, repairs, replacement
9.1
We warrant to you that any watch purchased from us through our site is of merchantable quality.
9.2
In case of damage or defects to Products, HAMILTON will, at its own discretion, promptly repair the Product or send a replacement after the damaged or defective Product has been returned.
9.3
Warranty for watches. All watches offered for sale on this website have the benefit of the HAMILTON 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.
9.4
Warranty claims may be made by returning the Product to HAMILTON. 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:
9.4.1
the original delivery note,
9.4.2
the Order Confirmation,
9.4.3
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.
9.5
Any faulty Product returned to us based on the contract between you and us will be picked up by courier service arranged by us.
10. Liability
10.1
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.2
This does not include or limit in any way our liability:
10.2.1
For death or personal injury caused by our negligence;
10.2.2
For fraud or fraudulent misrepresentation; or
10.2.3
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3
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.
11. Miscellaneous
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. 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 HAMILTON SA, 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 this Agreement.
11.2
Severability. If any part of these terms and conditions or any provisions of these Conditions of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from the remaining terms, conditions and provisions of these Conditions of Sale which will continue to be valid 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 rights as under the laws of Hong Kong SAR.
11.4
Notices. All notices given by you to us must be given to The Swatch Group (Hong Kong) Limited, 9/F Kerry Centre, 683 King’s Road, Quarry Bay (HAMILTON Division), Hong Kong. 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 12 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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.
11.5
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:
11.5.1
Strikes, lock-outs or other industrial action;
11.5.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.5.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.5.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.5.5
Impossibility of the use of public or private telecommunications networks; or
11.5.6
The acts, decrees, legislation, regulations or restrictions of any government.
11.6
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.
11.7
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.
11.8
Entire agreement. These Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between you and us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Conditions of Sale. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions of Sale.
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), 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).
13. Rights of Third Parties
13.1
Save as specifically provided in paragraph 13.2, notwithstanding any other provision of these Conditions of Sale, a person who is not a party to the contract between you and us (a “Third Party”) shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap.623) of Hong Kong SAR to enforce any provision of these Conditions of Sale. For the avoidance of doubt, this provision does not affect any right or remedy of a Third Party which exists or is available apart from the said Ordinance.
13.2
HAMILTON’s successor(s) and assign(s) may each in its own right enforce any provision of these Conditions of Sale. HAMILTON’s servants, agents, employees, workmen and contractors may, by virtue of the Contracts (Rights of Third Parties) Ordinance, enforce any provision of these Conditions of Sale for their benefit.
13.3
Notwithstanding any other provision of these Conditions of Sale, the consent or agreement of any Third Party is not required for rescission or variation of these Conditions of Sale.
14. Law and jurisdiction
14.1
These Conditions of Sale shall be interpreted and governed in accordance with the laws of the Hong Kong SAR. The courts of Hong Kong SAR shall have the non-exclusive jurisdiction in respect of all disputes and any action arising from contract between you and us and these Conditions of Sale.
This document is available in English and Chinese versions. The English version of this document prevails to the extent of any inconsistency between the English and the Chinese versions.
