Conditions of Sale

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

1. Who we are. We are House of Brands USA (“UG”), a company registered in the State of Connecticut, United States of America, with its registered address at 206 Danbury Road, Wilton, CT 06897, United States of America. You may contact us at contact@universalgeneve.com.

    

2. Pre-Orders. UG may make available some Products for pre-order, in particular Products that have not been manufactured yet or are not yet available for sale. The following terms will apply to pre-orders, deposits and/or down payments: 
   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 United States Dollars (USD) only and subject to applicable taxes (including any applicable sales tax). Except as expressly set out in these Terms & Conditions, the Deposit is non-refundable.
   2. By placing a pre-order for a Product and paying the Deposit, you (i) reserve a Product and your place in UG’s production schedule, and (ii) commit to purchasing the Product, subject to any cancellation rights expressly set out in these Terms & Conditions.
   3. UG aims to make available pre-ordered Products for sale and collection within a maximum of 12 months from the date of the pre-order depending on the Product Collection and will regularly update you about the status of your pre-ordered Product. 
   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 UG’s designated retail location in the United States. The sale will occur at UG’s designated retail location and you will be required to collect the Product at such location, unless UG agrees to arrange delivery to you.
   5. The price you will be required to pay for the sale will be UG’s public recommended retail price for the Product in the United States applicable at the time the Product is made available for sale to you, minus the amount of the Deposit you paid. Full payment of such price will be required before you can collect the Product.
   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 may treat the pre-order as cancelled and will refund the Deposit accordingly.
   7. If you fail to complete the sale and collect the Product within 180 days from the date UG communicates to you that the pre-ordered Product is available for sale and collection, UG may cancel the sale without further notice and keep the Deposit.
3. 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. 
   1. You may cancel your pre-order if UG does not make the pre-ordered Product available to you for sale at UG’s designated retail location within 12 months from the date of your pre-order.
   2. If the pre-order is cancelled by UG, or by you in accordance with section 2.9 of these terms and 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.
   3. UG will owe no compensation and will bear no liability as a result of or in connection with any cancellation of a pre-order.
   4. 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 based in the United States.
4. Sale
   1. Payment. Payment of the full price of the Product (minus any Deposit already paid), including all applicable taxes (including any applicable federal, state and local sales or use tax) 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.
   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. Sale completion. All sales are final upon receipt of full payment and collection of the Product. Ownership and risk in the Product will pass to you upon payment of the full price of the Product and collection of the Product.
   4. Your responsibility. Title to the Product passes to you upon full payment of the price of the Product being received by UG. Risk of loss or damage to the Product passes to you upon handover at the point of in-store collection or, where UG arranges delivery, upon delivery to the carrier. Until that point, the Product remains at our risk. You are responsible for inspecting the Product upon collection or delivery. If the Product is damaged or defective upon receipt, you must notify us in writing promptly and in any event within five (5) business days of receipt.
   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.
   6. Returns & Exchanges. All sales are final. We do not offer refunds, credits or exchanges for change of mind or any other reasons except as specified in these Terms & Conditions of Sale. Nothing in this clause shall affect your rights under applicable federal or state law, including any mandatory consumer protection rights.

4. Warranty. UG Products are covered by the Universal Genève International Warranty, which 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 resistance issues. This warranty is provided in addition to, and does not limit, modify or replace, any rights or remedies you may have under applicable federal or state law, including but not limited to the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312), the Uniform Commercial Code as adopted in the applicable state, and any applicable state consumer protection or warranty laws, including the laws of the States of New York, Florida, California (including the Song-Beverly Consumer Warranty Act) and Nevada. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED, PROVIDED THAT THIS EXCLUSION SHALL NOT APPLY IN ANY JURISDICTION WHERE SUCH EXCLUSION IS PROHIBITED BY LAW.

    

5. 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. 

    

6. Privacy Policy. Your personal data will be processed in accordance with our Privacy Policy, available at: https://www.universalgeneve.com/privacy-policy.

    

7. Limitation of Liability. (a) Nothing in these Terms & Conditions of Sale shall exclude or limit UG’s liability for: (i) death or personal injury caused by UG’s negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; or (iv) any other liability that cannot be excluded or limited under applicable law, including under the laws of the States of New York, Florida, California and Nevada. (b) Subject to clause 7(a), and to the maximum extent permitted by applicable law, UG’s total aggregate liability to you arising out of or in connection with any particular purchase, whether in contract, tort (including negligence), strict liability, under statute or otherwise, shall not exceed the total amount actually paid by you for that purchase. (c) Subject to clause 7(a), and to the maximum extent permitted by applicable law, in no event shall UG be liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, loss of data, or any indirect, incidental, special, consequential or punitive damages arising out of or in connection with these Terms & Conditions of Sale or the Products, regardless of the theory of liability and even if UG has been advised of the possibility of such damages. (d) You acknowledge and agree that the limitations and exclusions set out in this clause 7 are fair and reasonable having regard to the nature and value of the Products. To the extent that any limitation or exclusion in this clause 7 is held to be unenforceable under the laws of any applicable jurisdiction, the remaining limitations and exclusions shall continue in full force and effect, and liability shall be limited to the maximum extent permitted by applicable law.

    

8. Indemnity. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless UG, its parent company, affiliates, and their respective officers, directors, employees, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (i) any breach by you of these Terms & Conditions of Sale; (ii) any misuse of the Product; or (iii) your violation of any applicable law or regulation, in each case except to the extent such claim arises directly from UG’s own negligence, willful misconduct or breach of these Terms & Conditions of Sale. This indemnity obligation shall survive the completion of any sale or the cancellation or expiration of any pre-order under these Terms & Conditions of Sale.

    

9. Governing Law and Dispute Resolution. 
   1. These Terms & Conditions of Sale and, therefore, the agreements entered into with you, are governed by and shall be interpreted in accordance with the laws of the State of New York without regard to its conflict of law provisions or choice of law rules. These Terms & Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
   2. To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these Terms & Conditions of Sale, the Privacy Policy or the breach, termination or validity thereof, and/or the relationships which result from these Terms & Conditions of Sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) will be resolved, upon the election of UG, exclusively and finally by binding arbitration pursuant to the Rules of the American Arbitration Association. Neither UG nor you will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, you will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms & Conditions of Sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s).
   3. To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to UG for the sale of Products will be exclusively litigated in court rather than through arbitration. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
   4. If any provision of these Terms & Conditions of Sale is held to be invalid or unenforceable under the laws of any applicable state or federal jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.