In these Terms the expressions us, we, our and The Watch Company (including The Watch Company Limited and Watch Company) are a reference to The Watch Company Limited, reference to you is the Customer and the reference to linked website is a reference to a website that can be accessed through our Website.
Order Acceptance Policy
When you place an order with us, you are making an offer to buy products. We will send you an email to confirm we have received and accept your order, which means a contract has been made between us. Payment is required for your order at the same time as placing the order.
Notwithstanding the above, in the event that products are no longer available or there is insufficient stock to fulfil your order, we will supply those products which are available and refund the balance of your payment (for products which we can not supply) to the account which it originated from.
The Watch Company is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by The Watch Company. We reserve the right to refuse or cancel any orders that we believe, in our sole discretion, to be placed for commercial purposes e.g. from any reseller (including but not limited to a dealer, exporter, wholesaler).
We also reserve the right without liability to refuse and/or cancel any order (whether it has been confirmed or payment has been received) for any reason whatsoever. Upon cancellation of an order we will make all reasonable attempts to contact you using your details provided. All monies received will be refunded to the account which it originated from.
All prices listed on our website are in New Zealand dollars and are inclusive of Goods and Services Tax. If you are an overseas Customer the amount you are charged on your credit card for products may vary according to the currency conversion on the day of your purchase or the date of the charge to your credit card.
All prices are correct at time of publication, however we reserve the right to change prices at any time without notice. If this should happen after we have accepted your order, we will contact you prior to processing your order.
In addition to the price for products, delivery charges may incur at the checkout when completing your order. If products are being sent overseas there may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total.
We reserve the right without liability to withdraw any products from sale without notice, for any reason.
We accept payment from the following credit cards: Visa and MasterCard.
All payments via our Website are processed using Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. We refer you to our Privacy & Information Security Policy for more information regarding SSL.
At this time, we only deliver to New Zealand addresses.
We will endeavour to dispatch all orders within 1-2 working days of receipt of order to the address advised by you in your order.
To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package. Post Office Box addresses are not accepted.
It is our policy that a signature is required for all deliveries. If you choose not to have a signature for deliveries, you do so at your own risk. Upon delivery to you (signature or otherwise), you assume all risk and responsibility for the products. The Watch Company accepts no responsibility for any damage or theft that may occur following delivery to you.
Any delivery times provided by The Watch Company are estimates only. The Watch Company does not accept any liability in any circumstances for any loss or damage suffered as a result of late deliveries.
In the event that multiple products are ordered, part deliveries may be made where stock is not available for all products and we will make all reasonable attempts to notify you of such.
The Watch Company reserves the right to change the shipping method of any order as required.
Orders placed before 2:00pm New Zealand time should be received between 1-3 working days of dispatch. Rural areas should take no more than 5 business days.
Please contact our customer service team if your order has not been received within the recommended timeframe so that we can track the package sent to you.
Change of Address
The shipping address for your order is to be supplied and confirmed at the checkout and in the order and shipping confirmation emails from us. In the event that an incorrect address was entered, you must notify us of any address changes immediately. The Watch Company cannot accommodate any address change requests received after the products have been dispatched.
The Watch Company does not accept any liability in any circumstances for orders shipped to an incorrect or invalid address provided by you.
International Customs Charges
Any orders which are to be shipped overseas may incur a customs or import duty charge. The Watch Company does not have any control over these charges and is unable to advise what such charges will be. For further information, please contact your local customs office.
Any and all charges are to be paid by the Customer on delivery of order. The Watch Company will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, we will not accept a return of the products. The Watch Company will not be held responsible for any loss or damage which you may suffer as a result of this occurrence.
Upon completing a customs form to send products to you, we will not mark to package as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as a reputable business we will not do this.
You are responsible for inspecting the products for fault and notifying us within 5 working days of receiving the products should there be a fault. Please see our Returns & Exchanges Policy.
Please see our Returns & Exchanges Policy for full details on the return process.
Warranties and Repairs
We are committed to honouring statutory conditions and warranties to the extent they are implied under the Consumer Guarantees Act 1993.
Copyright in this Website (including text, photographs, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994, and except as expressly authorised by these Terms, you may not in any form or by any means:
- Adapt, reproduce, store, distribute, print, display, perform, publish, use or create derivative works from any part of this Website; or
- Commercialise any information, images, products or services obtained from any part of this website, without our written permission.
You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this site and for no other purpose.
All rights not expressly granted herein are reserved.
Errors and Omissions
We endeavour to ensure all information on our Website is accurate, however errors and omissions may occur. We cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):
- prices and colours of products may change, and all products are subject to availability;
- variations to products may occur from time to time.
In the event of an error (including if a product is listed at an incorrect price or with incorrect information), we reserve the right, without liability, to refuse or cancel any orders. We do not accept any liability (direct or indirect) for any loss or damage which may directly or indirectly result from any advice, information or omission whether negligent or otherwise, contained on this Website.
If your order is cancelled by The Watch Company but your credit card has already been charged for the purchase, The Watch Company shall immediately issue a credit to your credit card account in the amount of the charge less any charges payable by you.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. The Linked Websites are provided as convenience for you and do not imply that we endorse, check or approve of the third party sites. The Watch Company is not responsible for the operation of or content located on or through any such Linked Websites.
Promotions, discounts and promotional codes (collectively "Promotions") are valid for the time specified in the terms and conditions of those promotions for online purchases of merchandise only and may only be used once unless otherwise stated.
Promotions designed to be a "once off" promotion must be used in its entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
Promotions cannot be applied retrospectively to orders already placed or to orders that have been adjusted.
If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the price actually paid for the product and, if the Promotion has expired, it cannot then be applied to a replacement or future order. For example, if you receive 30% discount and you return a product, you will only be refunded the amount which you actually paid, not the full price for the item.
Promotional items are available only while supplies last; The Watch Company does not issue rain checks for out of stock products.
The Watch Company can, at its sole discretion, extend or terminate a Promotion at any time.
Whilst we try and ensure all details and descriptions which appear on the website are accurate, colour descriptions are a representation only. The reproduction of colour is as accurate as the photographic and production process will reasonably allow and we have made every effort to display an accurate representation of each product's colour. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display will accurately reflect the colour of the product that's delivered to you.
Limitation of liability: Notwithstanding any other provisions in these Terms, to the maximum extent permitted by law, we do not accept responsibility, and we are not liable, for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any Linked Website.
Warranties: Notwithstanding any other provisions in these Terms, to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to the supplying of the products again where such legislation gives us that right.
Specific warnings: You must ensure that your access to and use of this Websiteor any Linked Websiteis not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website or any Linked Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.
Indemnity: You indemnify us and our officers and employees against any claim by a third party or any loss, costs, damages, expenses (including all legal costs and expenses incurred on a solicitor/own client basis) we incur and all actions, suits, claims, demands and other proceedings whatsoever or howsoever made or brought against us, as a consequence of: (a) your breach of these Terms; (b) your use of your hyperlinks to our Website; or (c) your use of this Website or any information or material which is made available to you through this Website.
Please refer to our Privacy & Information Security Policy.
You must not:
- attempt to or otherwise damage, interfere with or introduce anything (including a virus) to this Website or any network or system underlying or connected to this Website, or act in any other way that compromises this website or any network or system underlying or connected to them;
- use this Website or any information or other material from this Website, for any commercial purposes.
These Terms and this Website are governed by, and are to be interpreted in accordance with, the laws of New Zealand.
Changes to these Terms
We reserve the right to alter, modify or update these Terms at any time, and it is your responsibility to monitor our website for changes. Accordingly, while these Terms apply to this order, please do not assume the same terms will apply to future orders. You can view the most current version of these Terms at any time on our website.
GeneralIf you breach these Terms, your right to access and use this Website shall cease immediately.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
Last updated: March 2015