Oriental Watch Company Online Store - Terms and Conditions

By browsing and/or using this Website, you shall be treated as agreeing to be bound by (1) the Terms and Conditions of this Online Store (“Online Store Terms”); and (2) the “Terms and Conditions of Use set out at http://www.orientalwatch.com ("Website Terms of Use"), which includes but not limited to the Personal Data Privacy Policy and Statement ("Privacy Policy Statement") (collectively the "Full Series of Terms").  Please read the Full Series of Terms.  If you do not accept the Full Series of Terms, you must stop browsing/using the Website.  We will update the Full Series of Terms from time to time.  Please read the Full Series of Terms contained on this Website and http://www.orientalwatch.com on a regular basis.

The Full Series of Terms apply to all sale and purchase of goods ("Goods") effected through online shops operated on website owned and/or operated by Oriental Watch Company Limited (“our company”, “we" or “us”) (collectively, "this Website").  The Full Series of Terms do not govern any sale and purchase of goods effected at other third party online sale channels as authorized by us.

To the extent of any discrepancy or inconsistency between the Online Store Terms and the Website Terms of Use, the Online Store Terms shall prevail.  To the extent of any discrepancy or inconsistency between the English and the Chinese versions of any terms, the English version will prevail.

 

  1. SALE AND PURCHASE OF GOODS

1.1 We will only offer sales and deliver Goods within the following territories ("Territory"):

- The Hong Kong Special Administrative Region of the People's Republic of China;

- We shall have the full discretion to accept or refuse delivery of Goods to any address that we consider to be undeliverable.

1.2 We will sell and deliver the Goods to end user customers only.  By placing the orders with us, you confirm and warrant that your Order of Goods is not for resale to any third party or for any other commercial purposes whatsoever.  We have the right to decline your orders and/or cancel your orders if we have grounds to believe that your purchase of Goods is not for personal use.

1.3 We may restrict the maximum aggregate monetary amount of each order and/or the number of orders that you may place per day.

1.4 If any dispute arises under an order, our determination will be final and conclusive.

 

  1. PLACING ORDER FOR GOODS

2.1 The online shopping facility on this Website is available only to registered members of this Website.

2.2 We make no guarantee that the Goods shown on this Website will be available for sale at all times.

2.3 By placing the order of Goods with us, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into legally binding contracts.

2.4 You may place an order by completing the following four steps: (i) adding the Goods into your "shopping cart"; (ii) filling in the electronic order form; (iii) submitting the completed order form; and (iv) submitting confirmation of your order ("Confirmation").  Once you have submitted the Confirmation, you may not cancel or vary the order in any manner or form.

2.5 Your placing of an order will constitute an offer from you to us for the purchase of the Goods contained in the order.  We have absolute discretion to accept or decline any order without giving any explanation or reason.

2.6 Your "shopping cart" can only accommodate a certain number of Goods and we may change the limit at any time.  If you wish to purchase more than that number of Goods, you will need to complete the order process and the payment process set out herein for the first batch of Goods, and then clear the shopping cart and repeat the same process for the next batch of Goods that you intend to purchase subject to any daily purchase limit and maximum aggregate value of Goods.

2.7 Information contained on this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any goods.

2.8 If we accept your order, we will issue to you a confirmation confirming your order ("Acceptance"). A legally binding contract for the sale and purchase of Goods between you and us will only be formed when an Acceptance has been issued.  The Online Store Terms and the Website Terms of Use together with the order and the Acceptance shall constitute the entire agreement between you and us in relation to the sale and purchase of the Goods ("Contract") and will supersede all previous correspondence, intentions, representations, warranties and agreements, if any, between you and us in respect of the same. To the extent of any inconsistency between the terms of order and Acceptance and the Full Series of Terms, the terms of order and Acceptance will prevail.  All orders once accepted by us cannot be cancelled, amended, returned, refunded or exchanged.

2.9 Notwithstanding any provision to the contrary, we have the right to refuse processing or fulfilling or cancelling an order in the event that any lawful reason arises or any circumstance not within our control or expectation occurs (including but not limited to shortage of Goods, shortage of delivery men etc.) which prevents or restricts us from completing such Order (whether had been accepted or not) or which otherwise renders us unable to fulfill or perform such Order.  In such an event, we will refund to you the amount already paid by you for such Goods without interest (excluding any fees charged and/or to be charged by banks, credit/debit card companies or other service providers, in respect of which you shall apply for a refund of such fees by yourself) as full and final settlement.

2.10 The quantity, description and specification (if any) of Goods set out in the Acceptance shall be final.  Despite the foregoing, while we will make every effort to describe the Goods as accurately as possible, the actual characteristics of the Goods (including but not limited to colour, grade, size, and materials used) may differ slightly from those set out on this Website and/or Confirmation and/or Acceptance.  You hereby agree to accept such discrepancy (if any).  To the fullest extent permissible under applicable law, we expressly disclaim any representation or warranty as to the accuracy of the characteristics of the Goods.  We will not be liable to you for any inconsistency or discrepancy in respect thereof.

2.11 You are responsible for ensuring the completeness and correctness of all documents and/or information provided in connection with your order. We will not be liable for any failure or delay in performing our obligations and/or duties under a Contract if such default is related in any way to incomplete, incorrect or misleading document and/or information provided by you.  You undertake to indemnify and hold harmless us, our officers, employees, agents, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) from and against all claims, losses, damages, charges, taxes, duties, costs and expenses incurred or suffered as a result of your provision of incomplete, incorrect or misleading document and/or information.

 

  1. PAYMENT

3.1 Unless otherwise specified by us, all prices quoted on this Website are in Hong Kong dollars and are subject to adjustment at our absolute discretion from time to time without prior notice to you.

3.2 The purchase price of Goods will be the price specified in the Acceptance.  In any event, the total price stated in the Acceptance will be final and conclusive.

3.3 Prices are exclusive of any and all applicable delivery charges, insurance charges, taxes and other levies to be imposed by the Government.

3.4 We make every attempt to avoid errors in pricing and product information. If a mistake does occur, we reserve the right and absolute discretion to correct it, refuse or cancel any order placed, or terminate the relevant Contract.

3.5 Unless otherwise specified by us, payment for Goods will be effected in Hong Kong dollars by way of credit/debit card accepted by us upon our issuance of the Acceptance. You hereby represent and warrant that you are the legitimate holder of the credit/debit card used for payment for the Goods. If the credit/debit card is not denominated in Hong Kong Dollars, the final price charged will be calculated by your issuing bank or card provider.

3.6 Your credit/debit card payment will be processed by such service provider as we may engage from time to time ("Payment Processor"). Your credit/debit card particulars will be passed onto the relevant financial institution or company through the Payment Processor.

3.7 Invoice for payment of Goods will be sent to your designated email address, billing or delivery address. If the designated delivery address is different from the designated billing address, you shall pay us additional delivery charges and reasonable administrative fees.

3.8 We will not be liable for any loss or damage arising directly or indirectly from:

(a) disclosure of your personal data during the course of effecting any payment online;

(b) your failure to provide complete and accurate information during the online payment process;

(c) any other reasons made or caused by the Payment Processor; or

(d) other reasons in connection with the designated payment method.

 

  1. DELIVERY OF GOODS

4.1 Subject to full payment in accordance with the provisions herein, the Goods (i) will be delivered to you at the designated delivery address acceptable to us within the Hong Kong Delivery Zone free of charge or (2) will be available for pick-up by you at our designated retail shop.  Before our staff member deliver the Goods to you or allow you to pick up the Goods at our designated retail shop, you must present the credit card that you used for settlement of the purchase price of the Goods to our staff member for us to verify your identity.

4.2 If the delivery address is a post office box, locker room, hotel, library, empty flat or such other locations as we may at our sole discretion determine as unacceptable, you may only collect the Goods from our designated retail shop.

4.3 We will not deliver Goods to any place outside the Hong Kong Terriority.

4.4 While we endeavour to have Goods delivered to you as soon as practicable, we make no guarantee or warranty as to the delivery date and time of the Goods which may be affected by matters outside of our reasonable control or any other factors or uncertainties (including without limitation to shortage of Goods, shortage of labour or other logistic problem).

4.5 Time of delivery of the Goods shall not be of the essence and is only our best estimate. Under no circumstances will we be liable to you for any delay (however caused and whether or not the same has been notified to you) in respect of the delivery of the Goods.

4.6 Delivery of the Goods shall be deemed to have taken place when the Goods are delivered to the designated delivery address or picked up at our designated retail shop.

4.7 If we are not able to deliver the Goods to the designated delivery address due to reasons or uncertainties beyond our control or due to your provision of incomplete or inaccurate information or if the Goods are not picked up at our designated retail shop, we are entitled at our sole and absolute discretion, without prejudice to our other rights and remedies, to:

(a)  store such Goods at such place as we determine until delivery and charge you for any delivery, insurance, storage and other charges we incur for storage and re-delivery of the Goods (if the Goods still cannot be delivered or you still have not picked up the Goods at our designated retail shop, we may also exercise our rights under paragraph (b)); or

(b)  terminate the Contract and refund to you the Price paid for such Goods net of any and all delivery charges, insurance charges, other expenses and our loss, and we shall have the right to dispose of such Goods in our sole discretion.

4.8 We may revise any terms for delivery service from time to time without prior notice.

 

  1. PASSING OF RISK AND TRANSFER OF TITLE

5.1 Title to the Goods will pass to you upon our receipt of your full payment for the Goods and other fees and charges.  Risk in the Goods will pass to you upon delivery of the Goods to the designated delivery address or upon the Goods being picked up at our designated retail shop. Notwithstanding anything contained herein, we will not be responsible for any damage to the Goods due to any omissions, acts or events beyond our reasonable control.

 

  1. PAYMENT PROCESSOR

 Our Business Partner for processing payments is PayPal and you may read PayPal’s terms and conditions at https://www.paypal.com/hk/webapps/mpp/ua/legalhub-full?locale.x=en_GB and privacy policy at https://www.paypal.com/hk/webapps/mpp/ua/privacy-full?locale.x=en_HK.  We will implement variety of security measures to maintain the safety of your personal information at www.onlinestore.orientalwatch.com.  When you place orders with us, we offer the use of a secure server.  The secure server software, Secure Sockets Layer (SSL) will encrypt all information you provided before it is sent to us.

 

  1. WARRANTY OF GOODS

7.1 All products sold by us are covered by the warranty terms offered by the brand (but not us). Please refer to the warranty card or warranty booklet for the detailed warranty terms and the warranty period offered by each brand.  The warranty does not cover bracelets, crystals, batteries, wear to the case or moisture damage (if the Goods are non-water resistant), nor does it apply if there is evidence of misuse or abuse, including defects related to servicing not carried out by authorized dealers. Goods damaged by wear and tear are not classified as a manufacturing defect.  We shall not be liable for defects of the Goods once sold and/or delivered and/or picked-up.  All defective Goods shall be covered by the brands under the warranty of the brands.

 

  1. ONLINE CUSTOMER SERVICE

8.1 Online customer service ("Online Customer Service") will be available from 10:00 a.m. to 5:00 p.m. local time in Hong Kong every day (except Saturdays, Sundays and public holidays in Hong Kong and such rest day or time as we from time to time designate).  While we endeavour to respond to each and every enquiry that you post as soon as possible, we are not liable for any delay or omission in responding the same.

8.2 No statement or information given during the Online Customer Service constitutes an offer to sell any goods, or a statement, representation, warranty or undertaking (express or implied) given by us.

 

  1. INFORMATION OF WEBSITE

9.1 To the extent permitted by applicable law, we give no warranty as to the accuracy of the information contained on this Website and accept no liability arising from any inaccuracy of the information therein contained.  We have the right amend or correct any typographical error, clerical or other error or omission on this Website, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us at any time without any prior notice or liability on our part.

 

  1. OBLIGATIONS UNDER THE CONTRACT

10.1 The Full Series of Terms and the Contract set out the full extent of our obligations and liabilities in respect of this Website and sale of Goods.  To the extent permitted by applicable law, this Website and the Goods are provided "as is", without any representation, warranty or condition, whether express or implied, whether based on common law, statute or otherwise. We specifically disclaim and exclude any implied warranties of quality, merchantability, fitness for a particular purpose, non-infringement and any additional damages, compensation or indemnification.

10.2 To the extent permitted by applicable law, we and all our officers, agents, employees, contractors, other representatives and affiliated companies (including without limitation holding companies, subsidiaries and group members) will not be liable for any: (i) indirect, special, incidental, consequential or punitive losses, damages or expenses; and (ii) damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings and use of Goods, arising out of, in connection with or related to this Website and the sale of Goods, howsoever arising, including as a result of negligence.

10.3 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we were aware or should have been aware of the possibility of such loss.

10.4  Our maximum aggregate liability to you, or to any third parties, whether in contract, tort or otherwise, arising out of, or in connection with the Contract is limited to the amount paid by you for the Order in respect of which the claim arises.

 

  1. EXCLUSIVE OF LIABILITY

11.1 Unless otherwise stated herein and to the fullest extent permitted by the applicable laws, we shall not be liable (and exemption of all liabilities) for any losses, compensation or claims arising from or in connection with the sales and/or service in connection thereof, including but not limited to: a) direct, special, indirect, appropriate, consequential or punitive compensation; and b) compensation for economics losses, loss of profit, loss of income, loss of goodwill, loss of bargaining power or loss of opportunity, loss of expected savings, loss of data or damages, whether such losses or damages are foreseeable or whether we has been informed of any possible losses or damages on the basis of contract, tort (including but not limited to negligence), equity, laws, indemnity, the breach of basic terms or otherwise.

11.2 Save for clause 11.3 and to the fullest extent permitted by the applicable laws, we exclude and deny all explicit or implied warranties, representations and statements related to or in connection with the terms herein, or those not stated in the terms herein.

11.3 In no circumstance shall the terms herein exclude, restrict, or amend any laws or regulations to imply or enforce any conditions, guarantees, rights or remedies not permitted under the laws.  If there are any non-excludable conditions or guarantees implied by laws, under which we can limit, restrict or amend such conditions guarantees or remedies, our liability for the violation of such conditions or guarantees will be limited under the fullest extent permitted by the laws. We may rectify such violation at our discretion based on the options available.

11.4 Except to the extent prohibited by applicable law, we and our affiliates, our respective members, directors, agents, employees, contractors, business partners and other representatives shall be released from all liabilities arising from or in connection with your purchase and/or use of the Goods sold by us, whether such liabilities are resulted from the violation of contract, tort (including negligence) or equity, or arise from statue, indemnity, any violation of the conditions and guarantees implied by common practice, general laws or regulations, or any claims by a third party against you or otherwise, and whether we are aware or should have been aware of the possibility of such loss.

11.5 You irrevocably and unconditionally agree to defend, indemnify and hold us and each of our Affiliates and our respective members, directors, agents, employees, contractors, business partners and other representatives harmless from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from or in connection with your purchase and/or use of the Goods and/or service and/or you breach of the Full Series of Terms and/or the Contract.

 

  1. PROMOTIONAL OFFER

12.1 We may have promotional offers or gifts to customers from time to time.

12.2 Unless otherwise specified, the promotional offer cannot be used in conjunction with other promotional offers.  All promotional offers or gifts or related service cannot be assigned, exchanged, exchanged for cash or other goods or service.

12.3 Promotional offers and gifts are limited.  The Goods are available while stocks last.

12.4 Promotional offers may subject to additional terms and conditions.

12.5 We will not be liable for the gifts and/or service and any consequence relating to the gifts and/or service offered by third-party merchant. The merchant shall be solely responsible for all liabilities towards the gifts and/or service.

12.6 We will not be responsible for any event of loss, Force Majeure, any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to client's or any other person's computer or other electronic devices or property related to or resulting from the participation in or downloading of any information, which relate to any promotional offer and/or gift and/or related service.

12.7 We have the right to cancel any promotional offer or gifts or amendments thereto without prior notice.

12.8 In case of any disputes involving the promotional offer, our decision shall be final and conclusive.

 

  1. GENERAL TERMS

13.1 No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.  Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Full Series of Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

13.2 We will not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, flood, fire, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, shortage of supply, shortage of delivery-men, shipping delay, flight delay, transportation delay, closure of facilities, lockdown, electricity supply failures, equipment failures, website failures, internet systems failures, communication system failures or any other causes beyond our reasonable control.

13.3 All photos and price of goods shown in promotional materials and our online shops are for reference only, the real object and the confirmed price should be considered as final.

13.4 You shall not assign or transfer any rights or obligations under the Full Series of Terms or the Contract to any third person without our prior written consent.

13.5 We have the right to amend the Full Series of Terms from time to time without prior notice to you.

13.6 The provisions contained in each clause of the Full Series of Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid.  If any provision is determined to be invalid, illegal, non-executable or unenforceable, the validity, legality, execution and enforceability of the remaining provisions will not be affected and, in lieu of such invalid, illegal, non-executable or unenforceable provision, there will be added as part of the Full Series of Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

 

  1. ENQUIRIES

For any enquiries, please contact our Customer Service Centre through the mode of contact as stated on this Website, or by calling our customer service hotline as set out on this Website.

 

  1. GOVERNING LAW AND JURISDICTION

15.1 The Full Series of Terms and the Contract shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

15.2 You and we irrevocably accept the non‑exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.

 

  1. PREVAILING LANGUAGE

16.1 In the event of any discrepancy between the Chinese version and the English version of the terms herein, the English version shall prevail.