1. General
1.1. These are the Sales Conditions of The Swatch Group (U.S.) Inc. – OMEGA Division, a Delaware Corporation, 800 Waterford Way, Suite 1000, Miami, FL 33126 USA (hereinafter “we”, “us”, “our”).
1.2. The effective date of these Sales Conditions is August 13, 2024.
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.
1.4. By placing an order on this website, you confirm to be of legal capacity to enter into a consumer contract.
2. Order Process
2.1. Your order on this website constitutes an offer to purchase under these Sales Conditions.
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.
2.3. Product and service descriptions are correct at the date of publication but are subject to availability or change without notice. We reserve the right to refuse an order and to limit the order quantity on any item. We cannot be held liable or responsible for errors in photography or typography.
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.
2.5. We reserve the right to perform identity, address and card validation checks to prevent fraud and, if acceptable, will then process your order.
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.
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. Price and Payment
3.1. The prices on this website are in US dollars and do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.
3.2. We may change the prices on this website at any time, which shall not applicable to prices confirmed by us in an order confirmation.
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:
3.3.1. credit cards or debit cards,
3.3.2. digital wallet,
3.3.3. invoice, by installments or by direct bank transfer as provided by third party providers.
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, without good reason, to pay on time.
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 (i.e. 3D Secure, ProtectBuy, SafeKey).
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.
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.
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.
3.9. We are under no obligation to provide the product or service to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and should have reasonably been recognized by you as a mis-pricing.
4. Delivery
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.
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 against refund.
4.3. We deliver to the delivery address you provided. We only deliver to delivery addresses within the US.
5. Passing of Ownership and Risk
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 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.
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. Liability
6.1. OUR LIABILITY IS EXCLUDED AND LIMITED TO THE FULLEST EXTENT AS PERMITTED BY LAW.
6.2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
6.3. IN NO EVENT WILL OMEGA OR ITS AFFILIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO A PURCHASE OF PRODUCTS OR SERVICES, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Law and Jurisdiction; Arbitration and Waiver of Jury Trial
7.1. These Sales Conditions shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Florida. Except for claims that can be resolved informally or claims that qualify for small claims court, you agree that any dispute, claim, or controversy arising out of or relating to these Sales Conditions, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by American Arbitration Association (“AAA”) before one arbitrator. Any arbitration related to this agreement shall take place solely within the State of Florida, County of Miami-Dade. Judgment on the award may be entered in any court having jurisdiction. You agree that any arbitration proceedings pursuant to this agreement will be conducted on an individual basis only and that claims may only be brought in the party’s individual capacity and may not be brought as a class action or collective action, or on a representative basis, and may not be consolidated with other persons or entities. The Parties understand and agree that the arbitration shall be instead of any civil litigation and that this means that they are waiving their respective rights to a jury trial as to all arbitrable claims. Service of process, summons, notice, or other document (“Service”) shall only be effective service of process for any suit, action, or other proceeding brought in any such court if Service is effective pursuant to federal or the applicable state law in the state in which such Service is effectuated.
7.2. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent such waiver is prohibited and either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
7.3. Each party acknowledges and agrees that any controversy that may arise under these Sales Conditions, any purchase order or the products purchased, shall be handled expeditiously and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the transactions contemplated hereby.
7.4. If either party institutes a suit against the other or if either party intervenes in any suit in which the other is a party to enforce or protect its interest or rights, the prevailing party shall be entitled to all of its costs and expenses, including, without limitation, reasonable attorneys' fees. In addition, we may recover from you all of our costs and reasonable attorney fees, including in-house attorney fees, incurred in enforcing these Sales Conditions against you or otherwise arising from your default, whether or not we commence any formal action as a result of such default.
7.5. All terms in Section 7 shall survive the termination of this agreement.
8. Miscellaneous
8.1 You may not assign any rights out of your contract with us to any third party without our prior written approval.
8.2 Invalidity of any provision in these Sales Conditions shall not affect the validity of the contract between you and us.
8.3 If you are using this website, you agree to electronic communication with us.
8.4 We can be contacted as follows: The Swatch Group (US) Inc. – OMEGA Division, 800 Waterford Way, Suite 1000, Miami, FL 33126, USA, https://www.omegawatches.com/en-us/myomega/contact-us.
9. Right to Cancel
9.1. You may cancel your purchase or return the purchased items and claim a refund in accordance with the Return Policy within 14 days without giving any reason.
9.2. The return 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 product.
9.3. To exercise the right to cancel, you must inform us or your decision to return by calling 800-766-6342. You must review and follow the instructions on our Returns Policy page.
9.4. Only new, unworn, undamaged 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 clearly 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.
9.5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss of value of any products supplied, if the loss is the result of unnecessary handling by you.
9.6. We will make the reimbursement without undue delay, and not later than 21 days after the day we receive back from you any products supplied, or 21 days after the day you provide evidence that you have returned the products. We will make the 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 the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products.
9.7. You shall send back the products (including gifts that came with your purchase) to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
9.8. We will bear the costs of returning the products if you use the provided return label for returns within the USA. Otherwise, you will have to bear the direct costs of returning the products.
9.9. You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
10. Warranty
10.1 All products sold by us under these Sales Conditions are covered by the manufacturer’s International Warranty, which does not affect your legal rights towards us as a seller.
