1.1 These conditions of sale apply to our supply to you of any of the products listed on this website. 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.
1.4 This website is operated by The Swatch Group (UK) Limited, Division OMEGA, Building 1000, The Royals Business Park, Dockside Road, London, E16 2QU, United Kingdom (“OMEGA”, “we”, “us”, “our”). We are registered in England and Wales under company number 00177501. Our VAT number is GB232933667. The Swatch Group (UK) Limited is an affiliated company of The Swatch Group Ltd., Biel, Switzerland.
2. YOUR STATUS
2.1 By placing an order on our website, 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 will 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, this does not mean that your order has been accepted.
3.3 Product descriptions are correct at the time they are published but are subject to change without notice.
3.4 Orders are subject to product availability and acceptance by OMEGA. Non-acceptance of an order is at our sole discretion.
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 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 purchase 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).
4.2 Prices are liable to change at any time, but changes will not affect orders where an order confirmation has already been sent.
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 process 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 an error in 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 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 products are supplied. 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.
5.1 We will confirm the shipping date (including tracking number) by issuing you a shipping notice. Delivery will normally take place within 2-5 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. If separate products from your order are available at different times, then we may give you the option of receiving your order in instalments.
5.2 The place of delivery is as stated in the order confirmation. We will deliver within the UK 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. 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 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.
6.3 Our delivery courier will be responsible for the product(s) during delivery to you, and if you choose our free returns service our delivery courier will be responsible for the product(s) being returned from you back to us. If you return product(s) to us directly without using our free returns service, you will be responsible for the product(s) being returned until safe receipt is confirmed by us.
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, no later than 14 days from the day after delivery of your order to you, without incurring any obligation or liability to OMEGA. You may notify us through your online My OMEGA account. If you do not have an account please click here to notify us and request your return.
7.3 If you cancel, you must return the products undamaged and in their original condition (including any accessories which were included in the price of the products) within 14 days of you cancelling the contract. Any product that fails the quality inspection, as exclusively determined by The Swatch Group’s Customer Service (e.g. scratches, worn or damaged items, missing components), will be returned to you and no refund will be issued. You must take reasonable care of the products until they are returned.
7.4 On cancellation of the contract between you and us, we will refund you the price paid, within 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.
7.5 Following cancellation we advise you to return products to us free of charge using our local courier service. If you return products to us directly without using our free returns service, this is at your own cost. Please see our Delivery & Returns Policy for details of how you can return your product.
7.6 Details of your legal right to cancel, and an explanation of how to exercise it, are provided in our Delivery & Returns Policy
7.7 Any products that are personalised (embossed, engraved, etc) cannot be cancelled or returned after purchase, unless we are at fault.
7.8 A box set containing several items may only be returned for refund as a whole, with all of the original items, except in cases relating to warranty.
8. OUR REFUNDS POLICY
8.1 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 your refund, or if after 30 days of purchase, whether we are able to repair or replace your product, via e-mail within a reasonable period of time. We will refund the payment 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 (i) within 14 days from the day we received the products back or, (ii) if earlier, the receipt by us of proof of the return of the products or, (iii) 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 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. YOUR LEGAL RIGHTS, REPAIRS AND REPLACEMENTS
9.1 Your legal rights - we are under a legal duty to supply products that confirm with your legal rights as a consumer. See the box at paragraph 9.2 for a summary of your key legal rights in relation to the product. Nothing in these conditions of sale will affect your legal rights.
9.2Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years, you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back, if you can prove that the product was faulty at the time the goods were delivered to you.
9.3 Warranty for watches - all watches offered for sale on this website have the additional benefit of the OMEGA International Warranty to be free from material or manufacturing defects for 5 years (60 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.
9.4 Warranty claims may be made with an authorised OMEGA retailer or by returning the product directly to OMEGA. 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 a bank or credit card statement.
9.4.4 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.
10.1 We are responsible for foreseeable loss and damage caused by us. If we fail to comply with these conditions of sale, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and/or you knew it might happen; for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
10.2.1 For death or personal injury caused by our negligence;
10.2.2 For defective products under the Consumer Protection Act 1987;
10.2.3 For fraud or fraudulent misrepresentation; or
10.2.4 For breach of your legal rights in relation to the products as summarised at paragraph 9.2.
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.
FREE WATCH CARE KIT WHEN YOU PURCHASE AN OMEGA WATCH
11.1 These terms and conditions (the “T&Cs”) govern the OMEGA Free Gift with Purchase Promotion (the “Promotion”) for a free and complimentary watch care kit (the “Gift”) with the purchase of a watch, between Friday 23rd October 2020 at 13:00pm and Wednesday 30th December 2020 at 09:00am at omegawatches.com. This Promotion is administered by the Swatch Group (UK) Limited, a company registered in England and Wales under registration No.: 177501, with a registered address at Building 1000, The Royals Business Park, London, E16 2QU, United Kingdom (“OMEGA,” “we,” “us,” “our”).
11.2 The Gift is available for each purchase of an OMEGA watch.
11.3 The Promotion is only valid online at omegawatches.com between Monday 12th October 2020 and Sunday 22nd November 2020. The Promotion is not valid in conjunction with any other promotional offer.
11.4 One Gift per watch purchased, whilst stocks last.
11.5 The right to claim the Gift may not be transferred to anyone else. The Gift cannot be exchanged for monetary value.
11.6 The Gift is not available to buy separately from the Promotion.
11.7 OMEGA reserves the right to substitute the Gift offered with an item of equal or greater value. In the event of any dispute, the decision of OMEGA is final and no correspondence will be entered into.
11.8 If the watch(es) purchased are returned for a refund or exchange, the Gift must also be returned. If the Gift is not returned, the return or exchange cannot be processed. The rules on returns and exchanges do not affect the consumer’s statutory rights.
11.9 We reserve the right to amend the T&Cs and modify, suspend or terminate the Promotion and/or the Gift without prior notice at any time and for any or no reason.
11.11 We will always use your personal data responsibly and only collect, store and process your personal data in accordance with the current data protection laws and the Privacy & Electronic Communications (EC Directive) Regulations 2011. Your data will not be shared outside Swatch Group and our contracted suppliers. We will store your details securely and will only use them for the administration of the Promotion.
11.12 These T&Cs are governed by and will be construed in accordance with the laws of England and Wales. In the event of any disputes, the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
11.13 To the greatest extent legally permissible, we and our affiliates disclaim all liability for any damages and losses suffered by anyone, including but not limited to any incorrect information provided by you or technical issues of any kind whatsoever, as a result of or in connection with the Promotion and/or the Gift, save for death and personal injury.
11.14 If you have any questions about the Promotion, please contact firstname.lastname@example.org. If you object to the use of your personal information as specified in clause 10 above, please contact email@example.com.
12.1 Transfer of rights and obligations - the contract between you and us is legally 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 withhold without reason.
You can transfer the OMEGA 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 Ltd. This may be in whole or in part, providing that the assignment, subcontract or transfer occurs without negatively affecting the provision of the products and your rights or remedies under this contract.
12.2 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.
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 website, 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.
12.4 Notices - all notices given by you to us may be given to The Swatch Group (UK) Limited, Division OMEGA, Building 1000, The Royals Business Park, Dockside Road, London, E16 2QU, United Kingdom. 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 12.3.
12.5 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 delay. Providing 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 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.
12.6 Waiver - if we do not immediately insist that you do something you are required to do under a contract between you and us, or within these conditions of sale, it does not mean that you do not have to do those things. If we delay in taking steps against you in respect of you breaking this contract it will not prevent us taking steps against you at a later date.
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. If a change to those policies or these conditions of sale is made as required by law or governmental authority, the change made will apply to orders previously placed by you.
14. LAW AND JURISDICTION
14.1 Contracts for the purchase of products through this website will be interpreted and are governed in accordance with English law. Disputes arising in connection with these conditions of sale will be subject to the exclusive jurisdiction of the English courts.
14.2.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.