Universal Genève Terms & Conditions of Sale

Universal Genève Terms & Conditions of Sale

These Terms & Conditions apply to pre-orders and sales of Universal Genève watches and accessories (the “Product”). By placing a pre-order for a Product, you agree to be bound by these Terms & Conditions.

1. Who We Are

We are House of Brands Oceania Pty Ltd ACN 601 726 596 (“UG”), a company incorporated in Australia with its registered address at BDO, Parkline Place, Level 25, 252 Pitt Street, Sydney NSW 2000, Australia. You may contact us at [email protected].

2. Pre-Orders

UG may make Products available for pre-order including Products that may not have been manufactured yet, or that are otherwise not available for sale at the time of being available to pre-order. The following terms shall apply to all pre-orders, deposits and/or down payments for the Products:

2.1. To pre-order a Product, you will be required to pay a deposit (the “Deposit”). The amount of the Deposit will be specified by UG and will be payable in Australian Dollars (AUD) and subject to all applicable taxes. Except as expressly set forth in these Terms & Conditions or as required under the Australian Consumer Law, the Deposit is generally non-refundable.

2.2. By placing a pre-order for a Product and paying the Deposit, you:

2.2.1. reserve the Product and your place in UG’s production schedule; and

2.2.2. commit to purchase the Product when it is ready for delivery to you, subject to any cancellation rights expressly set out in these Terms & Conditions.

2.3. UG will use reasonable endeavours to make pre-ordered Products available for sale and collection within 12 months from the date of the pre-order. UG will endeavour to provide updates as to the status of pre-ordered Products where reasonably practicable.

2.4. When the pre-ordered Product becomes available for sale to you, UG will contact you by email or phone and will arrange for the Product to be made available for sale to you at a location designated by UG in Australia (the “Designated Location”). UG may, at its sole discretion, arrange for delivery of the Product to an address you have provided or designate a different location in Australia for a private appointment for the sale and collection of the Product. You will be required to collect the Product at the Designated Location (or such other location as UG designates) and the sale will occur at such location, unless UG arranges for delivery to you.

2.5. The price you will be required to pay for the sale will be UG’s public recommended retail price for the Product in Australia applicable at the time the Product is made available for sale to you, minus the amount of the Deposit you previously paid. Full payment of such purchase price will be required before you collect the Product or, before the Product is shipped, in the event UG agrees to deliver the Product to an address you have provided.

2.6. If the price determined in accordance with section 2.5 is higher than any price estimate or indication that may have been shown to you at the time you placed the pre-order, UG will notify you of the final price before the sale. You may cancel your pre-order within fourteen (14) days of that notice and receive a refund of the Deposit to the original payment method. If you do not confirm that you wish to proceed within that fourteen (14) day period, UG will treat the pre-order as cancelled and will refund the Deposit accordingly.

2.7. If either of the following occurs:

2.7.1. UG agrees to deliver the Product to an address you have provided and you fail to pay the remaining balance of the purchase price within 30 days from UG requesting such payment; or

2.7.2. UG informs you that the Product is ready for collection and you fail to pay the remaining balance of the purchase price and collect the Product within 180 days from the date UG communicates to you that the Product is available for collection,

then in either of these cases UG will provide you with written notice specifying the outstanding obligation. If you fail to remedy the matter within fourteen (14) days of receiving such notice, UG will cancel the sale and you will forfeit the Deposit.

2.8. Products available for pre-order may only be available in limited quantities and for a limited time. You acknowledge that UG may not be able to fulfil your pre-order and may cancel pre-orders prior to the sale of the Product by providing you with reasonable written notice and, where practicable, reasons for the cancellation.

2.9. You may cancel your pre-order if UG does not make the pre-ordered Product available within 12 months from the date of your pre-order.

2.10. If the pre-order is cancelled by UG, or by you in accordance with section 2.9 of these Terms & Conditions, or by you following notification of an increase in the final price as described above in section 2.6, UG will refund your Deposit to the original payment method within 60 days from the date of cancellation.

2.11. UG will owe no compensation and will bear no liability, as a result of, or in connection with any cancellation of a pre-order.

2.12. You acknowledge and accept that the entity responsible for concluding the sale and making the Product available for collection may be an affiliate of UG.

3. Sale

3.1. Payment. Payment of the full price of the Product (minus any non-refundable Deposit already paid, subject to your rights under the Australian Consumer Law), including all applicable taxes and any shipping or service charges, is required at the time of the sale. Your purchase will only be deemed accepted upon successful completion of the payment process and confirmation from UG.

3.2. Pay by Link.

3.2.1. If you are offered the option to pay by Link, you will receive a payment link to complete your purchase. The Pay by Link option is provided by Adyen, our appointed payment service provider. By clicking the link, you will be redirected to a payment page where you may finalise your purchase using any of the available payment methods.

3.2.2. You may be required to accept these Terms & Conditions and review our Privacy Policy before completing payment.

3.3. Completion of Sale.

3.3.1. Where you pay for and collect the Product at the Designated Location or at a private appointment, the sale is complete upon receipt of full payment and your collection of the Product.

3.3.2. Where UG agrees to ship the Product to an address you have provided, the sale is complete upon receipt of full payment and UG handing over the Product to the carrier for shipping to the address you have provided.

3.4. Passage of Risk.

3.4.1. Where you pay for and collect the Product at the Designated Location or private appointment, risk of loss or damage passes to you at the point of collection.

3.4.2. Where UG agrees to ship the Product to an address you have provided, risk of loss or damage passes to you upon delivery of the Product to your address.

3.4.3. Until the applicable point of risk transfer, the Product remains at UG’s risk.

3.4.4. If the Product is damaged or defective upon receipt, you must notify us in writing without undue delay.

3.5. Personalisation.

3.5.1. Where engraving or other personalisation is requested, you are responsible for ensuring that all specifications and details are complete and accurate at the time such engraving or personalisation is ordered.

3.5.2. Once confirmed, changes may not be possible.

3.6. Returns & Exchanges.

3.6.1. Nothing in this clause excludes, restricts or modifies any right or remedy under the Australian Consumer Law which cannot lawfully be excluded or modified. If goods fail to comply with a consumer guarantee under the Australian Consumer Law, you may be entitled to a repair, replacement or refund.

3.6.2. Subject to those rights, all sales are otherwise final and we do not offer refunds, credits or exchanges except as specified in these Terms & Conditions.

3.7. Consumer Guarantees. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

4. Warranty

4.1. Products are covered by the Universal Genève International Warranty.

4.2. The Universal Genève International Warranty covers manufacturing defects for a period of two (2) years from the date of the sale.

4.3. The terms of the Universal Genève International Warranty will be made available at the time of sale or at www.universalgeneve.com.

4.4. The warranty does not cover routine servicing, theft, loss, normal wear and tear, ageing, damage resulting from mishandling (e.g. shock or drop), improper use, tampering, or water resistance issues.

4.5. For the avoidance of doubt, the above exclusions relate to UG’s commercial warranty only and do not limit your rights under the Australian Consumer Law.

4.6. Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy under applicable law which cannot lawfully be excluded or modified.

5. Product-Specific Terms

5.1. Certain Products may be subject to additional terms and usage instructions, including safety and maintenance guidelines.

5.2. These will be made available at the point of sale, on the www.universalgeneve.com website or in the user manual or documentation provided with the Product. You are responsible for reviewing such materials before use.

6. Privacy Policy

6.1. UG collects personal information for the purpose of processing your orders, managing pre-orders, and providing customer service.

6.2. Your personal information will be processed in accordance with our Privacy Policy, available at: https://www.universalgeneve.com/privacy-policy (which sets out how your information is handled, including your rights of access and correction).

7. Limitation of Liability

7.1. Nothing in these Terms & Conditions shall be construed to exclude or limit our liability where it would be unlawful to do so, including any liability arising under the consumer guarantees in the Australian Consumer Law.

7.2. Subject to the foregoing, and to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with any particular purchase, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount actually paid by you for that purchase.

7.3. You also acknowledge and agree that the Products are supplied for domestic and personal use only.

7.4. Accordingly, we shall not be liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, or any indirect or consequential loss arising from the use of the Products for any commercial, business, or resale purposes.

8. Indemnity

To the extent permitted by applicable law, and subject to your rights under the Australian Consumer Law, you agree to indemnify and hold harmless UG, its affiliates, respective officers, employees, and representatives from and against any losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from any breach by you of these Terms & Conditions, fraud, or illegal use of the Product.

9. Governing Law and Dispute Resolution

These Terms & Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms & Conditions shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.