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 USA (“UG”), a company registered in the State of Connecticut with a registered address at 206 Danbury Road, Wilton, CT 06897, USA. You may contact us at  contact@universalgeneve.com 

    

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: 

1. To pre-order a Product, you will be required to make a deposit (the “Deposit”). The amount of the Deposit will be specified by UG and will be payable in U.S. Dollars. Except as expressly set forth in these Terms & Conditions, the Deposit  shall  be  non-refundable.
   1. 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 in the future when it is ready for delivery to you.
   2. 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. 
   3. When the pre-ordered Product becomes available for delivery to you, UG will contact you by email or phone and arrange for the Product to be made available for pick-up at UG’s flagship store located at 78 Greene Street, New York, NY (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 retail location in the United States for the sale and collection of the Product. You will be required to pick-up the Product at the Designated Location (or such other location as UG may designate), unless UG arranges for delivery to you or for you to pick-up the Product at an alternate location.
   4. When the product(s) is ready for collection, you will be required to pay for the remaining balance of the purchase price consisting of UG’s suggested retail price for the Product at the time the Product is ready for delivery, 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.
   5. 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.
   6. 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.
   7. 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. 
   8. 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.
   9. 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.
   10. UG will owe no compensation and will bear no liability, as a result of, or in connection with any cancellation of a pre-order.
   11. 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.
2. Sale.
   1. Payment. The Purchase Price of the Product shall include all applicable taxes (including any applicable state and local sales tax). 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. Completion of Sale. (a) Where you pay for and collect the Product in store, the sale is complete upon receipt of full payment and your collection of the Product. (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.
   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 within thirty (30) 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 any reason 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, 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. Governing Law and Dispute Resolution. 

   1. These Terms & Conditions of Sale and, therefore, the agreement entered into with you, shall be governed by and 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. To the fullest extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Products, or services shall be resolved solely on an individual basis and not as part of any class, consolidated, representative, collective, or private attorney general action. The customer expressly waives any right to participate as a plaintiff or class member in any purported class or representative proceeding.
   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.