Ulysse Nardin Terms and Conditions for Shipping Program
1. About Ulysse Nardin and these conditions of Service
Please read these Conditions of Service carefully. These Conditions of Service are applicable to any Service Order placed through the Platforms that you validate and accept online through the Platforms, and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for the Services, you will be asked to agree to these Conditions of Service. If you do not agree to these Conditions of Service, then you will not be able to order any Services through the Platforms. Service orders placed through non-participating boutiques or third parties (such as authorized retailers) are not subject to these Conditions of Service.
2. Updates to these conditions of Service
We may make changes from time to time to these Conditions of Service so please check back regularly to keep informed of updates. The latest version of these Conditions of Service will always be available on the Platforms. Any new version of these Conditions of Service 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 Conditions of Service 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. Service eligibility
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) have a shipping address in the continental United States of America or Hawaii, may order the Services through the Platforms. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or legal guardian place a Service Order on your behalf and he or she will be asked to agree to these Conditions of Service.
By placing a Service Order through the Platforms, 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 use, deliver, sell or otherwise market or purchase the Services for commercial purposes. If despite our efforts the Service is no longer available or we believe, for legitimate grounds, that a Service Order would violate these Conditions of Service, we may refuse such order.
Only genuine Ulysse Nardin products listed or confirmed on the Platform are eligible for Services.
4. Request for service
If you request a Service through the Platforms, you will be required to provide personal information and to accept these Conditions of Service. Please carefully review these Conditions of Service prior to accepting them. If applicable and requested by you, we will also send you a Customer Care Package by postal mail for you to send us your product for Service.
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, in advertisements or catalogues, or through the Client Relations Center or the 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 six (6) 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.
All Prices for the Services shown on the Platforms are in U.S. Dollars and do not include applicable state and local taxes.
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 or facsimile. 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 Conditions of Service, 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 Conditions of Service.
Your 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 of Service and agree to pay for our performance of the repair work, within the limit of the price estimate you validated and prepaid for.
BIf, 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.
6. Shipping policy
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 (as defined below), 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.
Once you have received the Customer Care Package, comprising 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”), 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 provided 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 Conditions of Service.
Upon receiving your product, Ulysse Nardin will verify that the returned product complies with these Conditions of Service.
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. If applicable, you can choose to have it sent to a Ulysse Nardin Boutique to pick up your product and pay for the Service (if you handed over your product to us in one of our Boutiques).
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 Service Orders for delivery to the continental United States of America or Hawaii. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or P.O. boxes. For further information, please contact the Client Relations Center.
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.
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.
8. Service Order payment confirmation
If you have paid for the Service on the Platforms or through the Client Relations Center, you will receive a 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.
9. 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.
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.
11. 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 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 Conditions of Service 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 Conditions of Service for any order, Service or product, 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 in your Service Order or (ii) US$60,000.
In the event that you sent us your product at your costs, by your own means with the carrier of your choice, or with our Customer Care Package but without using our pre-paid label, you 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 your product (including without limitation administrative, handling, delivery, insurance or return costs), or in case of loss, damage, theft or any other deterioration of your product during transportation to the Ulysse Nardin Customer Service Department. In the event that you sent us your products 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 your product with the same product or its latest equivalent version.
Please note that in some jurisdictions, including the State of New Jersey, 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. General Provisions
If any provision, or part of a provision, of these Conditions of Service is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Service shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Service constitute the entire agreement between you and us in relation to the order of 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 Conditions of Service which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Service 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.
13. Governing law; Agreement to arbitration of claims
These Conditions of Service shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, 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 Conditions of Service. 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. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Ulysse Nardin) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
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 Conditions of Service 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.
14. Contact Us
If you have any questions or comments about these Conditions of Service, or matters generally (including any complaints), please contact us at the address provided below.
7900 Glades Road
Boca Raton, Florida 33434