CONDITIONS OF SALE BAUME & MERCIER EUROPEAN E-BOUTIQUE AND CLIENT RELATIONS CENTRE
The following terms and conditions and any other related rules that are adopted by Baume & Mercier and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Baume & Mercier products that you (the “Customer” or “you”) may order from RLG Europe B.V., Amsterdam (NL), Swiss Branch, Villars-sur-Glâne, a corporation organised and existing under the laws of Switzerland and having a place of business at Route des Biches 10, CH-1752 Villars-sur-Glâne, Switzerland (“Baume & Mercier” or referred to herein as “us”, “our” or “we”) either (a) by phone via the customer contact centre of Baume & Mercier (the “Client Relations Centre”), whose telephone number and e-mail address are indicated on the Website or (b) on the Internet via Baume & Mercier’s Websites, identified by the domain names www.baume-et-mercier.co.uk, www.baume-et-mercier.ie (the “Website”).
These Conditions of Sale apply exclusively to sales made through the Client Relations Centre or the Website. Baume & Mercier may modify the Conditions of Sale from time to time, at its sole discretion.
The Conditions of Sale applicable to any order placed through the Client Relations Centre or the Website are those in force at the time that an order is placed on your behalf by a Baume & Mercier ambassador (in the case of an order placed through the Client Relations Centre) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with Baume & Mercier, you indicate your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Baume & Mercier products from the Website or the Client Relations Centre.
2. Purchasing eligibility
Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts and (c) have a shipping address in the European countries listed in Clause 12 may order products through the Client Relations Centre or on the Website (please also refer to payment and shipping sections below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Client Relations Centre or on the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Baume & Mercier products or purchase Baume & Mercier products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or Baume & Mercier believes, for legitimate grounds, that an order would violate these Conditions of Sale, Baume & Mercier may refuse such order.
3. Product avaibility and quantity
All orders placed through the Client Relations Centre or on the Website are subject to availability and acceptance by Baume & Mercier.
Baume & Mercier reserves the right to change the assortment of items proposed on the Website or through the Client Relations Centre and may limit from time to time the quantity of Baume & Mercier products that may be ordered by a Customer in a single buying session. Orders may not exceed five (5) products in any buying session on the Website or through the Client Relations Centre.
The Client Relations Centre and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “Purchase” button are available for sale through the Website. You may also call the Client Relations Centre (telephone number indicated on the Website) and a Baume & Mercier ambassador will provide you with further information as to product availability and assist you with your purchase.
4. Account registration and personal information
In order to place an order through the Client Relations Centre or on the Website, you or the Baume & Mercier ambassador (on your behalf) will be required to register and create your online account unless you select the "Guest Checkout" on our Website or via the Client Relations Centre. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the Baume & Mercier ambassador, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarising the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Baume & Mercier will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
If you are willing to order on the Website, your offer to place an order will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected in the Shopping Bag.
When ordering by telephone through the Client Relations Centre (telephone number indicated on the Website), a Baume & Mercier ambassador will follow the offer and order process on your behalf.
6. Prices, tax and shipping costs
All Prices shown on the product pages of the Website or quoted by the Client Relations Centre include VAT but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address.
Baume & Mercier reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Centre, as indicated at the time Baume & Mercier provides you with a Confirmation of Order, will be honoured by Baume & Mercier.
Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
Shipping costs and VAT will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Client Relations Centre (in the case of a telephone order), and will also appear on your Acknowledgment of Order and invoice (if you choose to receive an invoice). Shipping costs, if any, are described in the shipping policy set forth below. Please note that VAT will vary based on the location to which products are being shipped.
The actual VAT associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order (as defined in Clause 10). Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. Customer's review and confirmation
You should carefully check all details before placing your order through the Client Relations Centre or on the Website, including without limitation the particulars of each sale, which will be provided by the Baume & Mercier ambassador (in the case of an order being placed through the Client Relations Centre) or the Website (in the case of an order being placed through the Website).
When you have completely reviewed your order, first check the box next to “I have read and accept the conditions of sale” and then, click on the “Continue to Pay” or similar button on the Website to place your order.
By placing an order, you are submitting an offer to Baume & Mercier to buy the products you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, Baume & Mercier reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, Baume & Mercier may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if Baume & Mercier suspects that you have violated these Conditions of Sale.
8.1. Payment by credit or debit card
You may pay by credit or debit card, as indicated on the Website or through the Client Relations Centre.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Baume & Mercier, you will need to contact your card issuer directly to solve this problem, and Baume & Mercier will not be liable for any delay or non-delivery.
Under this agreement, the payment processing services for goods and/or services purchased on this website by credit or debit card are provided by RLG Europe B.V. on behalf of RLG Europe B.V., Amsterdam (NL), Swiss Branch, Villars-sur-Glâne or by RLG Europe B.V., Amsterdam (NL), Swiss Branch, Villars-sur-Glâne, depending on the type of payment method used for the purchase of the goods and/or services.
Baume & Mercier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Baume & Mercier uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.
In order to secure your transaction and prevent fraud, Baume & Mercier will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorised Baume & Mercier to perform such checks and, where Baume & Mercier deems necessary, from time to time to transmit or obtain information that you have provided to Baume & Mercier about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.
9. Acknowledgment of order
Once you have placed your order on the Website or through the Client Relations Centre, you will receive by e-mail an Acknowledgment of Order acknowledging the details of your order along with these Conditions of Sale. This Acknowledgment of Order will contain an Order Reference Number assigned by Baume & Mercier. Please carefully review the Conditions of Sale upon receipt and make sure that you save the Order Reference Number for any future enquiries regarding your order.
This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Baume & Mercier will conduct its usual security checks and then process your order.
10. Confirmation of order
Upon shipment of the product you have ordered, following completion by Baume & Mercier of security checks, Baume & Mercier will send you by e-mail a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by Baume & Mercier and indicates the existence of a binding sales contract.
Baume & Mercier will preserve information concerning all orders as required by applicable law. These records may be made available to the Customer either by registering on the “My Baume & Mercier” section of the Website or by contacting the Client Relations Centre.
11. Complementary services
The following complimentary services will be proposed, free of charge, on the Website or by the Client Relations Centre:
11.1. Gift wrap, packaging
All our packages are beautifully gift wrapped, with the Baume & Mercier signature packaging. The Baume & Mercier Box and special packaging may be valuable. In case you or the Gift Recipient decides to return the product, the product should be returned in its original packaging.
11.2. Personalised products
It is possible to personalise a number of products by engraving them. For more information, please check on the Website or contact the Client Relations Centre.
Personalised Baume & Mercier products cannot be returned to Baume & Mercier for exchange or refund. However, this does not affect the rights you may have as a consumer in relation to products that are defective, as described below.
11.3. Watch bracelet adjustment
Bracelet adjustment is provided on certain watches. If you require a watch bracelet adjustment, the removed links will be included in the delivery package and shall be returned with the product in case you decide to return it.
11.4. Gift note
We offer the opportunity to include a personalised gift note within the order package.
Please note that, Baume & Mercier reserves the right to withhold acceptance of any order for engraved products or accompanied by a gift note that contains language that is objectionable or unlawful.
12. Shipping policy
We only accept orders for delivery to addresses located in the United Kingdom or the Republic of Ireland. Please note that Baume & Mercier does not ship to certain addresses, such as PO boxes or hotels. Further information, may be found on the Website or by contacting the Client Relations Centre.
The delivery costs and the estimated delivery lead time will be mentioned on the Website or by the Client Relations Centre before you place your order and summarised in the Acknowledgment of Order. Please refer to the Website or call our Client Relations Centre for more information.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Confirmation of Order.
Each delivery package will contain, in addition to your purchased Baume & Mercier product: (i) all related accessories, if any, (ii) a thank you card; (iii) the document holder including the Product Manual and the International Guarantee, as applicable; (iv) a printed gift note containing your message, if so requested by you when you place your order; (v) the return form and a pre-paid return label and (vi) the packing slip without price.
Baume & Mercier insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm the delivery of each Baume & Mercier product, at which point responsibility for your purchased goods passes to you.
When ordering products on the Website or through the Client Relations Centre, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Client Relations Centre (telephone number indicated on the Website), subject to providing proper identification to the Client Relations Centre.
Please note that Baume & Mercier will not send the invoice and payment details to the Gift Recipient.
14. Customers'r right of withdrawal
If you are a Customer based in the EU or the EEA, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal 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 goods.
To exercise the right of withdrawal, you can contact our Client Relations Centre (telephone number and email address indicated on our Website) to obtain a Return Number (RN), which we will confirm in writing. Alternatively, you must inform us (Baume & Mercier, Client Relations Centre, RLG Europe BV, PO Box 2967, NL-1000 CZ Amsterdam) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form at the end of these Conditions of Sale, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Baume & Mercier), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods, provided that you follow the return process specified below otherwise you will have to bear the return costs.
The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, Baume & Mercier will deduct the cost of refurbishment or replacement from the refund.
15. Gift recipients' return period
In order to ensure your entire satisfaction Baume & Mercier also offers the Gift Recipient the same return period, provided that they strictly comply with these Conditions of Sale.
If the product returned by a Gift Recipient does not meet our Quality Control standards or if the Gift Recipient is otherwise in violation of these Conditions of Sale, Baume & Mercier will refuse the return and send back the product to the Gift Recipient.
Should a product be returned to the Baume & Mercier e-boutique, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund, but she or he may benefit from an exchange as indicated below.
16. Return process
16.1. Return process
Products that have been purchased on the Website or through the Client Relations Centre may be returned to the following address: Baume & Mercier, Client Relations Centre, RLG Europe BV, PO Box 2967, NL-1000 CZ Amsterdam.
Products that have not been purchased on the Website or through the Client Relations Centre may NOT be returned to the Baume & Mercier e-boutique.
To make the return process easier for you, please follow the steps mentioned below.
First, please contact the Client Relations Centre (telephone number and email address indicated on our Website) to inform us of your decision to withdraw and obtain a Return Number (RN) (the communication costs will not be surcharged by us).
i) Fill out the required information, with the Return Number (RN) if applicable, on the return form provided in the original box or packaging and sign it,
ii) Include the completed return form with the product, all its accessories, the Product Manual and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
iii) Seal the delivery package and affix the pre-paid delivery label to it,
iv) Call back the Client Relations Centre to arrange pick-up with our partners TNT, or Ferrari Technotrans S.A.,
v) The package is picked up by TNT, or Ferrari Technotrans S.A, and returned to our warehouse.
Alternatively, you may call the Client Relations Centre to take care of these formalities. Thereafter:
i) The Client Relations Centre will fill the TNT online return request form on your behalf,
ii) The Client Relations Centre will send you without delay the completed return form to your email address,
iii) You will have to print the return form and give it to TNT at the time of pick-up. If you have no printer, the TNT hub will print the return form and bring it to you at the time of pick-up,
iv) You will include the completed TNT return form with the product, all its accessories, the Product Manual and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
v) TNT will pick-up the package and return it to our warehouse.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Baume & Mercier accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Baume & Mercier e-boutique will be eligible for a refund or exchange, as applicable.
Upon receiving a return, Baume & Mercier will verify that the returned product complies with these Conditions of Sale.
16.2. Conditions for returning a product
Baume & Mercier products must be returned in a new and unused state.
Personalised Baume & Mercier products cannot be returned to Baume & Mercier for exchange or refund.
Please also return the original Baume & Mercier box and delivery package, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle Baume & Mercier to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned by the Gift Recipient.
All returns will be subject to strict Quality Control (QC) by Baume & Mercier to ensure that the returned products satisfy these requirements.
If the returned product satisfies Quality Control (QC), Baume & Mercier will proceed with the refund or exchange, as applicable.
16.3. Customers’ and Gift Recipients’ exchanges
Customers and Gift Recipients may exchange a product purchased on the Website or through the Client Relations Centre for another Baume & Mercier product if the product to be exchanged complies with these Conditions of Sale.
Should a product be returned for exchange to the Baume & Mercier e-boutique by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference when the product to be returned is more expensive than the desired Baume & Mercier product. If the returned product is less expensive than the desired product, the Customer or Gift Recipient, as applicable, will be charged the difference in price.
In both cases, Baume & Mercier will send an e-mail to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive.
17. Manufacturer's guarantee
Baume & Mercier is extremely cautious in ensuring that each product strictly complies with its quality criteria and that it has passed all controls, both technical and aesthetic.
Selected products are covered by the Baume & Mercier International Guarantee. If you wish to repair a product covered by the Baume & Mercier International Guarantee, please refer to the Baume & Mercier International Guarantee, and call our Client Relations Centre, for more information
18. Legal guarantee
In your capacity as the consumer, you may have legal rights under applicable national legislation governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
For any repair inquiries, please contact our Client Relations Centre (telephone number and e-mail address indicated on the Website).
20. Accuracy of pricing, product descriptions
While Baume & Mercier endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Client Relations Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Baume & Mercier does not confirm the price of a Baume & Mercier product until a Confirmation of Order has been issued by Baume & Mercier, indicating the existence of a binding sales contract. If a Baume & Mercier product’s correct price is higher than the price posted on our website, then Baume & Mercier will either contact the Customer for instructions before shipping the order or, if Baume & Mercier cannot obtain your instructions, reject the order and notify you of such rejection.
While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Baume & Mercier products displayed on the website or in a catalogue are as accurate as possible, Baume & Mercier does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
21. Final provisions
Information and complaints. In case of any complaints please contact our Client Relations Centre at the following address: Baume & Mercier, Client Relations Centre, RLG Europe BV, PO Box 2967, NL-1000 CZ Amsterdam. For further information or complaints, you may also contact the Client Relations Centre on the telephone number and e-mail address indicated on the Website.
Online Dispute Resolution. As a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/consumers/odr/
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
Proof of Agreement. The Acknowledgement of Order and Confirmation of Order that are sent to you by fax or by email are deemed to be received when you are able to access them on your fax machine, computer, mobile or handheld device. The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Customer Contact Center or the Website will be proof of a binding agreement between you and Baume & Mercier.
22. Governing Law
These Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of law provisions, and with the exclusion of the Convention on the International Sale of Goods.
You may bring proceedings against Baume & Mercier either in the courts of Switzerland or in the country where you are domiciled. Baume & Mercier may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a Court, Baume & Mercier or the Customer will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.
24. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Baume & Mercier, Client Relations Centre, RLG Europe BV, PO Box 2967, NL-1000 CZ Amsterdam (email@example.com):
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
Last Revised: 13th April 2016