Ulysse Nardin Terms and Conditions for Products and Services
1. About Ulysse Nardin and these conditions
These Terms & Conditions (“Terms & Conditions”) apply to Products and Services, namely any repair service or other watch related services (“Services”) and watch products, component parts or accessories (“Products”). The Terms & Conditions are also including a request for governing online sales of Products and Services (“Product Orders” and “Service Orders”) that you may order digitally from Ulysse Nardin Selling Entities (“Ulysse Nardin” and “we”, “us” and “our”), using the website www.ulysse-nardin.com, any associated mobile or digital applications or by telephone or email (“Platforms”), that refer to these Terms & Conditions. For the sake of clarity, Selling Entities, Websites, telephone and any associated mobile or digital applications shall be referred to as “Sales Channels”
Please duly read these Terms and Conditions, they are valid to any order placed through the Sales Channels. Please note that before placing an order for Products or Services, we will require from you to agree to these Terms and Conditions. In the absence of your agreement to these Terms and Conditions, you will not be able to order any Products or Services through the Sales Channels. Sales concluded in physical points of sale, including but not limited to our owned retail or recognized third parties such as authorized retailers (together referred to as “Boutiques”) are not subjected to these Terms and Conditions.
The selling entity, that will sell the Products or Services to you, will depend on the delivery address to which you will ship the Products or watches destined for Services:, the Selling Entities are:
For purchases with delivery to addresses in China: Ulysse Nardin & Girard-Perregaux (Shanghai) Watches Company Ltd, Shanghai, with registered offices at RM 811A, No. 818, Shanghai West Nanjing Road, Jingan district, Shanghai, China, 200041, and with Trade Registration number 91310000MA7FRYXE87.
For purchases with delivery to addresses in Hong-Kong: Ulysse Nardin (Asia Pacific) Limited, Hong-Kong (HK), with registered offices at 902 Ocean Centre, 5 Canton Road, Tsim Sha Tsui, Hong Kong, and with Trade Registration number 18340525-000-04-25-9.
For purchases with delivery to addresses in Taiwan: Ulysse Nardin Taiwan Company Ltd, Taipei City (TW), with registered offices at 7F., No.93, Sec. 4, Nanjing E. Rd. Songshan Dist., Taipei City, Taiwan, and with Trade Registration number 80397159.
For purchases with delivery to addresses in France: Sowind France SAS has its registered offices at 24 Rue Feydeau, 75002 Paris, France, with Trade Registration number 517 745 501.
For purchases with delivery to addresses in Japan: Sowind Japan K.K., Tokyo with registered offices at 3F Hirakawacho Kyowa Bldg. 2-2-1, Hirakawacho, Chiyoda-ku, Tokyo, 102-0093 Japan, and with Trade Registration number 4010001094796.
For purchases with delivery to addresses in Russia: ULYSSE NARDIN Limited Liability Company with registered offices at 9/10 Kolokolnikov lane, building 2, 107045, Moscow, the Russian Federation, and with Trade Registration number OGRN 5077746882395.
For purchases with delivery to addresses in United States of America: Sowind America with registered offices at 7900 Glades Road, Suite 200, Boca Raton, FL 33434, Florida, United States of America, and with Trade Registration number 65-0680686.
The Selling Entity may be either: (i) an affiliate company of MANUFACTURE ET FABRIQUE DE MONTRES ET CHRONOMÈTRES ULYSSE NARDIN LE LOCLE S.A., a company established under the laws of Switzerland, with registered office at Rue du Jardin 3, 2400 Le Locle, Switzerland, with Trade Registration number CHE-108.120.418 (“Ulysse Nardin SA”), or (ii) a sister company of Sowind SA, with registered offices at Numa-Droz 136, 2300 La-Chaux-de-Fonds, Switzerland with Trade Registration number CHE-102.173.534.
SOWIND SA and Ulysse Nardin SA (together referred to as the “IP Owner”) are engaged in the business of manufacturing, distributing and selling of luxury watches. For sake of clarity, we confirm that the IP Owner owns and edits the Platforms pursuant to the Terms and Conditions, and is responsible for our information collection practices pursuant to the terms of Ulysse Nardin SA’s privacy policy (“Privacy Policy”) and cookie policy (“Cookie Policy”) which are made available on our website. By placing an order, you agree to be bound by the Terms and Conditions, Privacy Policy, Cookie Policy, the terms of which are incorporated into these Terms and Conditions. For further information on our returns policy, please see below the related articles.
For sake of clarity the Terms & Conditions shall apply exclusively to individuals (“Final Clients”), and specifically not to Legal Entities.
By placing an order or by contacting us Platforms and confirming your order pursuant to the link (“View and Pay Invoice”) in the confirmation email you will receive from us, provided that you validate and accept such orders online through the Platforms on your behalf (the “Services”, and each such order a “Service Order”), you agree to be bound by our Privacy Policy, the terms of which are incorporated into these Terms & Conditions and which you can find on the website www.ulysse-nardin.com.
2. Updates to these Terms & Conditions
We may make changes from time to time to these Terms & Conditions so please check back regularly to be informed of updates. The latest version of these Terms & Conditions will always be available on the Platforms. Any new version of these Terms & Conditions shall take effect immediately upon the date of posting and will govern any orders of Services made as from that date. Any changes to the Terms & Conditions made after you have placed a Service Order will not affect that order and your relationship with us, except as may be required by applicable law.
3. Products and Services sale and purchase eligibility
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products or services through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Terms & Conditions.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
If despite our efforts the services or products are no longer available or we believe, for legitimate grounds, that a Service Order would violate these Terms & Conditions, we may refuse such order.
Only genuine Ulysse Nardin products are eligible for Services under these Terms & Conditions.
The prices of the Products and Services may be displayed without applicable state and local taxes, or with them, in any case, this is clearly indicated on the Platforms.
4. Ulysse Nardin Products
If you order a product through the Platforms, you will be required to provide personal information and to accept these Terms & Conditions. Please carefully review these Terms & Conditions prior to accepting them.
Personalization services (for example engraving or embossing) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Terms & Conditions. This does not affect your consumer rights.
The applicable currency will be, first updated based on the shipping destination, once you have provided to us the delivery address and second, shown in your order summary before you place your order. You should verify updated prices and currency carefully.
Shipping costs are not stated on the Product or Services pages but will be added to the Product price in your order summary.
We shall reasonably act in order that the prices of Products and Services and their associated delivery costs are correct at the time when the pertinent information was entered into the system or communicated to you. Nevertheless, it is always possible that, despite our reasonable efforts, some of the Products or Services offered through our Sales Channels or delivery costs may be erroneously priced. If any of the Products or Services you place an order for or any delivery costs are erroneously priced, we will reach out to you as soon as possible to inform you of this error. If we are unable to reach out to you using the contact details you have provided, we will cancel the order and duly notify you in writing. If we erroneously accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the Product or Services while reimbursing you any sums you have paid.
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written confirmation (by e-mail or otherwise confirming the details of your order together with an order reference number). Please ensure that you save this order reference number for any future enquiries concerning your order. This written confirmation is not an acceptance of your order. Upon receipt of the written confirmation, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the written confirmation does not reflect your intentions, you should contact Ulysse Nardin immediately.
These Terms & Conditions will be provided to you when we acknowledge your order.
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
5. Ulysse Nardin Services
If you request a repair Service or other watch related services through the Platforms, you will be required to provide personal information and to accept these Terms & Conditions. Please carefully review these Terms & Conditions prior to accepting them. If applicable and requested by you, we will also send you a watch shipping kit, comprising of a foam insulated product box, an outer box, pre-printed return label with our address, security tape and return authorization (collectively the (“Customer Care Package”), by postal mail for you to send us your product for Service.
5.1 Service Fees
If you request the Services through the Platforms, you will be able to review and validate on the Platforms the price estimate corresponding to the Service of your Ulysse Nardin product.
While Ulysse Nardin endeavors to verify the accuracy of any information it provides on the Platforms, and in it’s Sales Channels, in advertisements or catalogues, or through the Client Relations Center or the Ulysse Nardin Boutiques, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Ulysse Nardin does not confirm the price of the Services until a price estimate has been issued by Ulysse Nardin.
While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Services detailed on the Platforms are as accurate as possible, Ulysse Nardin does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.
This price estimate will be valid for a period of two (2) months after its date of issue by Ulysse Nardin, after which it will automatically become null and void if you do not accept it within that time period.
You should carefully check all details before placing your Service Order, including, without limitation, the particulars of each Service Order, which will be displayed on the Platforms.
If you do not accept the price estimate, Ulysse Nardin will not perform any repair service and you will not be charged a processing fee, and Ulysse Nardin will send back the product unrepaired to the shipping address you provided on the Platforms or to the Client Relations Center.
Once you have received and reviewed the price estimate, you are required to formally accept the services listed in the cost estimate in order for Ulysse Nardin to proceed with your Service Order. In order to accept the Services listed in the cost estimate, you must sign and date the cost estimate and return it to Ulysse Nardin by email, mail, facsimile or other written channels accepted by Ulysse Nardin. As part of such acceptance, you confirm that you authorize Ulysse Nardin to immediately proceed with any repair service requested.
When you have completely reviewed your Service Order, please check the tick boxes confirming that you have read, and accept to be bound by, these Terms & Conditions, and then click on the "I accept cost estimate" button or similar on the Platforms to place your Service Order.
Notwithstanding anything to the contrary provided for herein, Ulysse Nardin reserves the right to refuse, cancel and terminate Service Orders at any moment in time for legitimate grounds. For example, Ulysse Nardin may refuse, terminate or cancel your Service Order if there is an on-going dispute concerning payment of a prior Service Order or if Ulysse Nardin suspects that you have violated these Terms & Conditions.
Your written or online approval of the cost estimate constitutes acceptance of the Service to be performed by Ulysse Nardin and indicates the existence of a binding contract.
By authorizing us to proceed with the Service, you accept these Terms and Conditions and agree to pay for our performance, within the limit of the price estimate you validated and prepaid for.
If, for technical reasons, Ulysse Nardin determines before proceeding with the Service that the cost of the repair will exceed the price of the estimate you validated, we will send you a new estimate for your approval or rejection.
5.2 Services Shipping Policy (if available)
If you have registered for the Services on the Platforms and have not provided your Product to us in our Boutiques, you may send us your Product pursuant to the process outlined below.
You may send us your Product by your own means, in a packaging of your choice and with a carrier selected by you.
You may also send us your Product using our Customer Care Package, either with the carrier selected by you at your cost and risk, or with our transport partner at our cost using our pre-paid label. To do so, please use the Platforms to inform us of your request for repair and obtain a Customer Care Package.
By requesting our Customer Care Package a shipping kit and a label will be sent to you as soon as possible in the next days and will be valid for 30 (thirty) days since the label’s issue. If the shipping label is used after this 30 (thirty) day period, Ulysse Nardin and its Selling Entities will not be liable for any lost or stolen merchandise.
Once you have received the Customer Care Package, please:
(1) Include the Ulysse Nardin Product and all its accessories, including the International Guarantee card, as applicable, in the product box, and all other documents in the outer box,
(2) Seal the outer box with the security tape, and affix to it the pre-printed return label or the pre-paid label, as applicable, and
(3) Send back the outer box to the Ulysse Nardin address indicated on the shipping label.
For security reasons, the outer Customer Care Package boxes will always be unbranded.
If you send us your Product by your own means with the carrier of your choice, or with our Customer Care Package but without using our pre-paid label, you are responsible for the shipping expenses for sending the Product to Ulysse Nardin, as well as any insurance expenses, and Ulysse Nardin will not be held liable in case of loss, damage, theft or any other deterioration of your Product during transportation to the Ulysse Nardin Customer Service Department. Notwithstanding the foregoing, if your Product is still under warranty, the shipping expenses will be at our charge.
You must keep a proof of shipment. Only products received by the Ulysse Nardin Customer Service Department will be eligible for the Services, in accordance with these Terms & Conditions.
Upon receiving your Product, Ulysse Nardin will verify that the returned Product is a genuine Ulysse Nardin Product and that it complies with these Terms & Conditions.
Once the Service has been performed by Ulysse Nardin in accordance with the cost estimate that you validated, Ulysse Nardin will send you an email (or contact you using your preferred contact means) indicating that the Ulysse Nardin Product has been repaired and will be sent to the shipping address you indicated on the Platforms or to the Client Relations Center.
Please note that you can only change the shipping address to where the repaired Product will be returned via the Client Relations Center before making payment, but not afterwards.
We only accept orders for delivery to the country or countries that are identified during your order. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or P.O. boxes. For more information, please contact Ulysse Nardin.
5.3 Services Payment
We require prepayment at the time of the repair approval in order to avoid any delays on delivery. We accept the methods of payment identified as part of the Service Order process on the Platforms. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When paying on the Platforms, you will need to enter your payment details on the appropriate form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem. Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
Specifically for US jurisdiction and whenever necessary, we confirm that Ulysse Nardin is prohibited under U.S. law from making sales of its Services to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
5.4. Service Order payment confirmation
If you have paid for the Service on the Platforms or through the Client Relations Center, you will receive a payment confirmation for the Service Order (“Service Order Payment Confirmation”) by e-mail acknowledging payment for your Service Order. The Service Order Payment Confirmation will contain a Service Order Number assigned by Ulysse Nardin. Please make sure that you save this Order Reference Number for any future enquiries regarding your order.
5.5. Services Delivery; Delay; Cancellation
Any delivery term communicated to you is only an estimate, and is not binding on Ulysse Nardin. Ulysse Nardin shall not be liable for any damage resulting from any modification to the delivery term. Ulysse Nardin will inform you as soon as possible of any modification to the delivery term.
In the event that Ulysse Nardin needs to cancel a Service Order due to exceptional circumstances, all payments received from you for Services shall be reimbursed to you by Ulysse Nardin. No additional fees or penalties will be assessed against you, you shall not have any claims against Ulysse Nardin, its agents, affiliates and employees, and neither party shall have any further obligation to the other.
5.6. Invoices
Following completing of your Service Order, a copy of your invoice will be included in the shipment of your timepiece. Within twelve (12) months of the completion of your Service Order, a copy can be requested by calling or emailing the Client Relations Center (telephone number indicated on the Website), subject to providing proper identification.
6. Warranty
Ulysse Nardin is granting a 2 years:
manufacturer’s warranty potentially extendable to 5 years under specific conditions for Products; and
Service warranty exclusively for repair services
For the sake of clarity the 2 years warranty quoted above shall be referred to as “Warranty”.
For the sake of clarity the Warranty does not cover accidental damages or normal wear and tear.
7. Limitations of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Products and Services, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Terms & Conditions limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Terms & Conditions for any order related to Services or Products, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, shall in no event exceed the lesser of (i) one hundred percent (100%) of the price of the Service or Product in your order or (ii) US$60,000 and/or EUR60,000 depending on the jurisdiction concerned.
8. Products and Services Returns, Refunds, Replacement and Right to Withdraw
8.1 Services Replacement and Refunds
8.1.1. Services Risks
In the event that the Client sent to Ulysse Nardin her/his Product at her/his costs to potentially undergo a Service, by her/his own means with the carrier of her/his choice, or with our Customer Care Package but without using our pre-paid label, the Client shall bear any and all risks associated therewith and Ulysse Nardin cannot be held liable for any risks and costs associated with the shipping of the Client’s Product (including without limitation administrative, handling, delivery, insurance or return costs), or in case of loss, damage, theft or any other deterioration of her/his Product during transportation to the Ulysse Nardin Customer Service Department.
8.1.2. Services Replacements and Refunds
In the event that a Client should send us the Products to potentially undergo a Service, using our Customer Care Package and our pre-paid label and the Products are lost, damaged or stolen, Ulysse Nardin reserves the right to replace the Client’s Product with the same Product or its latest equivalent version.
Should a Client be dissatisfied with the quality of the Service provided, the Ulysse Nardin Selling Entities: (i) may grant the Service Warranty, whenever the conditions for the warranty to be applied are met, and, (ii) if those conditions are met, consequently provide remedial measures.
If despite the Service Warranty remedial opportunities, a client still requests a partial or full refund (“Refund”) of the service cost, such a Refund can be awarded by Ulysse Nardin if a full claim is submitted in written which includes the Service Order number, a detailed description of the condition of the watch, including media supports, such as but not limited to photographs, videos or other formats, clearly identifying the fault(s) attributable for Ulysse Nardin.
For sake of clarity, in order to fully implement the above paragraph, it is understood that Ulysse Nardin does not take any obligations but fully assumes to eventually grant the commercial gesture of a partial or full Refund depending on the assessment of the case.
8.2 Products Replacement, Refunds and Right to Withdraw
The Client has the right to cancel the contract created by our written Order Confirmation without giving any reason fourteen (14) days from the day on which the Client acquire, or someone she/he nominates (other than the carrier) acquires, physical possession of the products in her/his order. If the Client is a customer based in the European Union, the European Economic Area or the United Kingdom and has made a purchase via the Sales Channels, this is considered to be her/his statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for the Client to withdraw before the withdrawal period has expired. Subject to specific local jurisdictions, the aforementioned fourteen (14) days can be potentially extended up to thirty (30) days.
Without obstructing the Client’s right to withdraw, it is understood that Ulysse Nardin shall offer an alternative such as but not limited to the full or partial replacement of the Product.
In order to fully comply with Ulysse Nardin’s refund requirements, the Products need to be returned in a new and unaltered state, in perfect condition, with all protective materials in place and original tags, films and stickers attached to them (if applicable), as well as with the original Ulysse Nardin packaging box and delivery package, including all accessories and documentation. For example, watch bracelets that have been adjusted at the Client’s request must be returned with the identical number of links as in the original delivery package. Ulysse Nardin and its Sales Entities reserve their right not to accept any return if the Product(s) show(s) signs of wear and tear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
If the Client has received complimentary items as part of their order, they must be returned with the Products.
All returned Products will be subject to strict inspection criteria by Ulysse Nardin to ensure that the returned Products satisfy these requirements. If the Products do not meet the above-mentioned inspection criteria standards, Ulysse Nardin will refuse the Refund, and the products will be returned to the Client. If the returned Products satisfy the above-mentioned inspection criteria, we will proceed with the applicable refund or exchange.
Failure to comply with these Terms & Conditions will entitle Ulysse Nardin to refuse the Refund or Exchange claim for the returned Product and send it back to the Client, at their own cost.
9. General Provisions
If any provision, or part of a provision, of these Terms & Conditions is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Terms & Conditions shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Terms & Conditions constitute the entire agreement between you and us in relation to the order of Products or Services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Terms & Conditions which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Terms & Conditions will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
10. Governing law; Agreement to arbitration of claims
These Terms and Conditions shall be governed by Swiss law, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Terms and Conditions, including the validity, invalidity, breach or termination of the Terms and Conditions, or to any Service purchased from Ulysse Nardin will be resolved by binding arbitration, rather than in court, except that a consumer or Ulysse Nardin may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Terms and Conditions.
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.
The number of arbitrators shall be one
The seat of the arbitration shall be Neuchâtel;
The arbitral proceedings shall be conducted in English.
In addition, you and Ulysse Nardin understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Ulysse Nardin agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding.
Before bringing any dispute in arbitration, you and Ulysse Nardin agree that you will first notify the other party and make commercially 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 Terms and Conditions or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
11. Sanctions
We confirm that sanctions may apply whenever necessary.
For the sake of clarity, it is stipulated that, in any case, the local legislations related to sanctions shall prevail over these Terms & Conditions.
Specifically for US jurisdiction and whenever necessary, please note that in some US jurisdictions, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
12. Contact Us
If you have any questions or comments about these Terms & Conditions, or matters generally (including any complaints), please contact us at the address provided below.
Ulysse Nardin SA
Rue du Jardin 3
2400 Le Locle
Switzerland