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 “Products”). 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 Canada Inc. (“UG” or “we”), a company incorporated under the laws of Canada with its registered office at 250 Bloor St. East, Suite 101, Toronto, Ontario, M4W 1E6, Canada. 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 or that are otherwise not available for sale at the present time. The following terms shall apply to pre-orders, deposits and/or down payments:
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 Canadian Dollars (CAD) and subject to applicable indirect taxes. You may withdraw from your preorder at any time prior to the conclusion of a purchase, in which case UG will refund the full Deposit to the original payment method.
2.2. By placing a pre-order for a Product and paying the Deposit, you: (i) reserve the Product and your place in UG’s production schedule, and (ii) commit to purchase the Product when it is ready for delivery to you, subject to any cancellation rights under applicable law or expressly set out in these Terms & Conditions.
2.3. UG aims to make available pre-ordered Products for sale and collection within 12 months from the date of the pre-order and will regularly update you as to the status of your pre-ordered Product.
2.4. When the pre-ordered Product becomes available for sale to you, UG will contact you by email or phone and arrange for the Product to be made available for sale to you at a location designated by UG in Canada (the “Designated Location”). UG may, at its sole discretion, arrange for delivery of the Product to an address you have provided. You will be required to Collect the Product at the Designated Location 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 Canada 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. In such case you may cancel your pre-order and receive a refund of the Deposit to the original payment method. If you do not confirm within 14 days of UG’s notice that you wish to proceed, UG may treat the pre-order as cancelled and will refund the Deposit accordingly.
2.7. If either (i) 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 if (ii) 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 may cancel the sale without further notice and you will forfeit the Deposit to the extent permitted by the Consumer Protection Act, 2002 (Ontario) and other applicable law.
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 at any time prior to the sale of the Product.
2.9. If the pre-order is cancelled by UG, or by you in accordance with these terms and conditions, for example 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 15 days from the date of cancellation.
2.10. Subject to your rights under applicable law, UG will owe no compensation and will bear no liability as a result of or in connection with any cancellation of a preorder.
3. Sale
3.1. Payment. Payment of the full price of the Product (minus the amount of any Deposit already paid), 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. 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 finalize your purchase using any of the available payment methods. You may be required to accept Terms & Conditions of Sale and review our Privacy Policy before completing payment.
3.3. Completion of Sale. (a) Where you pay for and collect the Product in store, the sale is complete in-store upon receipt of full payment and your collection of the Product, and UG will provide you with an invoice at that time. Once you have paid in full and collected the Product in store, the sale is final and no cancellation right applies, subject to any mandatory rights under applicable law. (b) 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. In such case you will have the right to cancel the purchase contract with us within seven (7) days from the day you receive a copy of this agreement, in accordance with the terms of section 4 and subject to any longer period as may apply under applicable law.
3.4. Passage of Risk. (a) Where you pay for and collect the Product in store, risk of loss or damage passes to you at the point of collection. (b) 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. Until the applicable point of risk transfer, the Product remains at UG’s risk. If the Product is damaged or defective upon receipt, you must notify us in writing without undue delay.
3.5. Personalization. Where engraving or other personalization is requested, you are responsible for ensuring that all specifications and details are complete and accurate at the time such engraving or personalization is ordered. Once confirmed, changes may not be possible.
4. Right to Cancel the Contract.
4.1. Your right to cancel. If you agree to have the Product delivered to your address, you have the right to cancel your purchase, without giving any reason, within seven (7) days from the day on which you receive a copy of this agreement), subject to any longer period that may apply under applicable law. To exercise such a right, you must follow the rules described in clauses 4.2, 4.3 and 5 below. A cancellation form is provided under clause 4.4. Exceptions to the right to cancel your contract are regulated in clause 4.5.
4.2. Exercise of the Right to Cancel the Contract. To exercise your right to cancel your contract with UG, you must send us a clear written statement (e.g. a letter sent by post to House of Brands Canada Inc., 250 Bloor St. East, Suite 101, Toronto, Ontario, M4W 1E6, Canada, or email to: [email protected]) informing us about your decision to cancel your contract. For this purpose, you may use the form indicated in clause 4.4, but this is not mandatory. Alternatively, you may contact our Concierge Service. Once your request is received by UG, you will receive an email confirming your cancellation request. This cancellation right is subject to the Consumer Protection Act, 2002 (Ontario) and other applicable law.
4.3. Your obligation to return the Product, If you decide to exercise your right to cancel the contract, you must return or hand over the UG Product to us immediately and without undue delay, and in any event, no later than fourteen (14) days from the date on which you notify us of your decision to cancel the contract, in accordance with the instructions provided to you by UG. This period shall be deemed to have been observed if you dispatch the UG Product before the expiry of the fourteen (14) days return period. Any return of your UG Product must be in accordance with the rules of section 5.
4.4. Cancellation Form. (Complete and return this form only if you wish to cancel your contract.)
• To House of Brands Canada Inc., 250 Bloor St. East, Suite 101, Toronto, Ontario, M4W 1E6, Canada, email: [email protected].
• Hereby I/we (*) give notice that I/we (*) cancel my/our (*) contract of sale of the following goods (*).
• Ordered on (*) / received on (*).
• Customer name(s).
• Customer address(es).
• Customer signature (only for paper forms).
• Date.
(*) Delete where inapplicable.
4.5. Exceptions to the Right to Cancel. The right to cancel your contract does not apply if you complete the purchase of a Product in-store and, subject to applicable law, it does not apply to the delivery of goods that are tailored to the personal needs of the Customer, in particular UG Products that have been customized or adjusted to fit your needs or have been engraved at your request.
5. Returns. Subject to your rights under the Consumer Protection Act, 2002 (Ontario), the Sale of Goods Act (Ontario), and other applicable law, UG does not offer refunds, credits or exchanges for any reason except as specified in these Terms & Conditions of Sale. The requirements below do not seek to exclude or replace your consumer rights, warranties, conditions or remedies under applicable Canadian federal or provincial consumer protection legislation. If you need to return your purchased UG Product(s) to exercise your right to cancel, or if the products do not conform to these Conditions of Sale (including any defective or damaged UG Product), you must follow the return rules and requirements described in this clause 5 (“Return Rules”).
5.1. Notify the UG Concierge Service that you wish to return your UG Product, providing the reason for the return (i.e., right to cancel or a defective UG Product). You may be asked to provide a picture of the product and must provide proof of purchase.
5.2. The Concierge Service will verify your purchase and check whether the notification of return is being made within the seven (7) day cancellation period, or any longer period that may apply under the Consumer Protection Act, 2002 (Ontario), in the case of a right-to-cancel return.
5.3. For right-to-cancel returns, only UG Products that are unused, undamaged, unaltered, in untarnished condition, and that have not been worn may be returned. You must return the UG Product (including any accessories such as metal bracelets, gifts, tags, warranty cards, the UG Product manual, and any gifts provided with purchase) in its original box and packaging. We reserve the right to refuse your right-to-cancel return if any of these conditions are not met or the accessories included with your UG Product are not returned in full. Notwithstanding the foregoing, these conditions do not restrict any mandatory cancellation or return rights that may apply under applicable Canadian federal or provincial consumer protection legislation.
5.4. You should not remove any protective film and tags before trying on the UG Product, as this may affect your right to cancel. If you buy a leather or rubber strap, please avoid wearing it or inserting the watch pin into the strap until you are certain you want to keep it, as returns will not be accepted if the UG Product shows any signs of wear, unless the UG Product fails to meet a statutory right, warranty, condition or other mandatory requirement under applicable Ontario consumer protection legislation, or other applicable law. Notwithstanding the foregoing, these conditions do not restrict any mandatory cancellation or return rights that may apply under applicable Canadian federal or provincial consumer protection legislation.
5.5. UG Products that are customized or engraved, or watch straps that have been cut or adjusted to fit your wrist, are not eligible for right-to-cancel returns but can be returned if the product fails to meet a statutory right, warranty, condition or other mandatory requirement under applicable Ontario consumer protection legislation, or other applicable law.
5.6. For right-to-cancel returns, you must seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email by the Concierge Service.
5.7. The Concierge Service will organise a pick-up of the UG Product being returned from your address through UG’s Logistics Provider. Provided you use the return label provided by UG and our Logistics Provider, UG shall pay the cost of the return of the UG Product to UG and shall insure it during transit. Otherwise, UG is under no obligation to maintain insurance and the shipment of any UG Product will be at the sole risk and responsibility of the Customer.
5.8. Upon receiving the returned UG Product at its returns centre, UG will confirm receipt via email. UG will conduct a quality control check on right-to-cancel returns to ensure the returned UG Product satisfies the conditions of the Return Rules. If the returned UG Product does not meet UG’s quality control standards or the Return Rules, UG may refuse the return and will ship the product back to you at your original address. Alternatively, for right-to-cancel returns, UG reserves the right to deduct from any refund an amount to reflect the reduction in value of the UG Product resulting from damage caused by you or excessive handling by you beyond what is necessary. UG will pay the cost of shipping the UG Product back to you and will insure it during transit.
5.9. For right-to-cancel returns, if the returned UG Product satisfies the quality control or if UG determines that there has been a breach of a statutory right, warranty, condition or other mandatory requirement under applicable consumer protection legislation, and the Return Rules are followed, then UG will proceed with the applicable refund to your original payment method and/or provide an appropriate remedy under the applicable consumer protection legislation, as applicable. The refund, if applicable, will include a refund of the shipping costs that you originally paid to us, unless you paid for an enhanced delivery service, in which case you are only entitled to a refund of the costs of standard delivery. UG shall keep you informed by email.
5.10. You must keep proof of return shipment to UG, as UG accepts no liability if such proof cannot be provided. Refunds for right-to-cancel returns are eligible only for products returned to UG’s returns centre.
5.11. For right-to-cancel returns, only the original purchasing Customer is entitled to a refund. Gift recipients will not be eligible for a refund. UG will make reasonable efforts to credit the refund to the Customer’s payment method within fifteen (15) days after receiving the returned item at UG’s returns centre, subject to any different period required by applicable law.
6. Warranty. UG Products are covered by the Universal Genève International Warranty The Universal Genève International Warranty covers manufacturing defects for a period of two (2) years from the date of the sale. The terms of the Universal Genève International Warranty will be made available at the time of sale or at www.universalgeneve.com. The warranty does not cover routine servicing, theft, loss, normal wear and tear or ageing, damage resulting from mishandling (e.g. shock or drop), improper use, tampering or water damage resulting from improper use. The Universal Genève International Warranty is in addition to, and does not affect, your rights and remedies under the Consumer Protection Act, 2002 (Ontario), the Sale of Goods Act (Ontario), and any other applicable Canadian federal or provincial consumer protection legislation.
7. Product-Specific Terms. Certain Products may be subject to additional terms and usage instructions, including safety and maintenance guidelines. 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.
8. Privacy Policy. Your personal data will be processed in accordance with our Privacy Policy, available at: https://www.universalgeneve.com/privacy-policy.
9. Limitation of Liability. Notwithstanding anything else in these Terms & Conditions of Sale, certain laws and regulations may impose consumer rights, warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, nothing in these Terms & Conditions of Sale shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of any mandatory consumer right or remedy under the Consumer Protection Act, 2002 (Ontario), including section 7(1), the Sale of Goods Act (Ontario), or applicable Canadian federal and provincial consumer protection legislation, to the extent that such rights cannot be excluded, limited or waived by law. Subject to the above: (a) we are liable, irrespective of the legal grounds, within the scope of fault-based liability, only for wilful intent and gross negligence; in the event of simple negligence, we shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and from the breach by UG of a material contractual obligation upon which you rely for the proper performance of the contract, and our liability for simple negligence is limited to compensation for the foreseeable, typically occurring damage; (b) in no event shall UG be held liable for (i) indirect, special or consequential damages of any kind arising in connection with Products, their use, their sale, and (ii) losses not foreseeable by both parties when the contract was formed; (c) without limiting the scope of these Terms & Conditions of Sale, no claim whatsoever concerning delivered Products, the non-delivery of Products or any other claim may exceed the amount of the purchase price of the Products which led to a claim for damages. You also acknowledge and agree that the Products are supplied for domestic and personal use only. 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.
10. Governing Law and Dispute Resolution. These Terms & Conditions of Sale are governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada without reference to any conflict of law provisions. These Terms & Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. This choice of law will not deprive you, acting as a consumer, of the protection afforded to you by applicable Canadian federal and provincial consumer protection laws that cannot be derogated from by agreement. You may bring proceedings against us in the courts of the Province of Ontario located in Toronto or in the courts of the Canadian province where you are domiciled. We may also bring proceedings against you in the courts of your domicile.
11. Consumer Protection. These Terms & Conditions of Sale are subject to applicable Canadian federal and provincial consumer protection laws, including the Consumer Protection Act, 2002 (Ontario). Nothing in these Terms & Conditions of Sale is intended to exclude, restrict, or modify any mandatory consumer rights, warranties, conditions, guarantees, or remedies that apply under such laws and that cannot legally be waived or limited by agreement. In the event of any conflict between these Terms & Conditions of Sale and any applicable mandatory consumer protection law, the applicable law shall prevail.
