TAG Heuer Website Terms & Conditions

1. INFORMATION ABOUT US

We are LVMH Watch & Jewellery Australia Pty Limited, ABN 84 078 545 481 of Level 5, Rialto North Tower, 525 Collins Street, Melbourne, Victoria 3000, Australia (“we” or “us”). We operate the website www.tagheuer.com/au/en/.

2. THE PRODUCTS

2.1. The description of the Products on our site is approximate only and images of Products are for illustrative purposes only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products) and to display colors accurately, any description is approximate only and we cannot guarantee that the colors displayed on our site accurately reflect the color of the Products.

2.2. The packaging of the Products may also vary from that shown in the images on our site.

2.3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.

3. HOW WE USE YOUR PERSONAL INFORMATION

3.1. We use the personal information you provide to us in accordance with and for the purposes set out in our Privacy Policy which is accessible here. Please take the time to read it, as it includes important terms which apply to you.

4. YOUR RIGHTS AS A CONSUMER

4.1. As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Nothing in these Terms will affect your legal rights.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us or 1800 809 915 as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.

5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.3. If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you.

6. OUR RIGHT TO VARY THESE TERMS

6.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site.

6.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

6.3. If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.

7. RETURN

7.1. We want you to be completely happy with your order. Subject to certain exceptions detailed below, if for any reason you are not satisfied, we will gladly accept your return if you change your mind for any reason within 30 days of delivery of the original item, at our expense. This "change-of-mind return" is in addition to rights you may have under the Australian Consumer Law, which are described in clause 7.7.

7.2. To make a change-of-mind return, please follow our return process included in your parcel or through this link.

7.3. Please note: if you wish to make a change-of-mind return, you must start the return authorization process within 60 days of receiving the order and must return the Product to us within 10 days of the return authorization being issued. In addition, all Products must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and Product packaging, protective materials, and tags in place.

7.4. We will not accept any change-of-mind return if the Product shows signs of wear, or has been used or altered from its original condition in any way, or if the 10 day returns authorization has passed.

7.5. Personalized Products are considered as final sale and cannot be returned for exchange or refund as a change-of-mind return.

7.6. Watch bracelets that have been adjusted at your request must have been done so by us or a TAG Heuer Authorized Retailer and should be returned with all the links originally shipped.

7.7 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

8. DELIVERY

8.1. We do not charge our clients for shipping and handling. We normally send all merchandise using a reliable carrier. We only deliver Products available on our Site to an Australian address. We do not currently deliver to international addresses or P.O. Boxes.

8.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control.

8.3. Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.

8.4 Delivery will be completed when we deliver the Products to the Australia address you gave us. For full delivery terms and conditions please see our FAQ’s page. If no one is available at your Australian address to take delivery after 3 attempts, the Product will be returned to us. If the Product is returned to us pursuant to this clause, we will contact you to reschedule a delivery and the delivery service charge will be at your own cost.

8.5. For orders totaling over $75,000AUD, a TAG Heuer Customer Service Representative will contact you to arrange delivery.

9. PRICE OF THE PRODUCTS AND DELIVERY CHARGES

9.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 9.4 for information about price errors on our site.

9.2. Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.

9.3. The price of a Product includes GST (where applicable) at the applicable current rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

9.4. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

10. PAYMENT

10.1. All prices on our site are in Australian Dollars.

10.2. You can only pay for Products using a debit card or credit card. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to us. For any purchases above $1,000AUD, we may ask you to provide a copy of your credit card and a photo ID.

• (a)Payment for the Products is in advance.
• (b)We accept bank transfer for orders on our online TAG Heuer boutique. In the process of wire transfer, the order will not be processed until the payment has been received and confirmed by us by e-mail. After placing your order, payment should be credited into our bank account within seven days. If your payment has not reached our bank account within seven days, your order may be cancelled.

10.3. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.

10.4. If you do not make any payment due to us by the due date for payment, we may:

• (a) immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; or
• (b) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.5. If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 10.4(b) will not apply for the period of the dispute.

10.6. You have the option to pay Products by free-interest installments using Klarna Bank AB (publ) (“Klarna”)’s payment method. Klarna is a third-party finance company independent of TAG Heuer. If you choose this option, you will be redirected to Klarna’s website to complete your payment. The Klarna terms and conditions which will apply can be found at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_au/paylaterin4. Eligibility for use of the Klarna payment method will be determined by Klarna in their sole discretion and TAG Heuer shall not be liable in any way with respect to your use of Klarna as a payment method. You shall be solely responsible for payments made to Klarna under its terms and conditions. When you choose to purchase Products using Klarna’s payment solution, you will be sharing your personal data with Klarna. The terms of Klarna’s privacy policy may be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_au/privacy, shall apply to their use of your personal data. Please note that there’s a minimum spend of AUD1000 and a maximum spend of AUD3000 in order to use Klarna’s payment method.

11. OUR LIABILITY TO YOU AS A CONSUMER

11.1. If we fail to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms, but we are not responsible for any loss or damage that is not foreseeable.

11.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3. Subject to any rights you may have under the Australian Consumer Law, in no event, including but not limited to negligence, shall we, any of our affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the Products. Subject to any rights you may have under the Australian Consumer Law, in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or any Product ordered via our site exceed, in the aggregate, the amount paid by you to us for the purchase of Products via our site.

11.4. We do not in any way exclude or limit our liability for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any matter which by law may not be limited or excluded.

12. EVENTS OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).

12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• (a) we will contact you as soon as reasonably possible to notify you; and
• (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13. DISCLAIMER OF WARRANTIES

13.1. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, we disclaim all express or implied warranties or representations regarding any Products ordered or provided via the site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in Product literature, frequently asked questions documents and otherwise on the site or in correspondence with us or our agents.

13.2. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, any Products ordered or provided via the site are provided by us “as is” provided that the foregoing disclaimer does not apply to the extent, if at all, of any Product warranty offered by us or the applicable manufacturer of a Product as contained in the package delivered to you, as specifically described on the site or as otherwise specifically set forth in an agreement separately entered into in writing between you and us or our licensor or supplier.

14. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US

14.1. When we refer, in these Terms, to "in writing", this will include e-mail.

14.2. You can contact us for any reason using the following means:

• (a) Send us an Email
• (b) Telephone on 1800 809 915.

14.3. If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

15. CONNECTED WATCH TRADE IN

15.1. The new Connected Watch Trade-In program (the “Program”) operated by LVMH Watch & Jewellery Australia Pty Ltd which registered office is located at Level 5 Rialto North Tower, 525 Collins Street, Melbourne, VIC 3000 (ABN 84 078 545 481) trading as TAG Heuer, (“TAG Heuer”, “we” or “us”) in Australia and effective as of December 11th, 2023, (the “Effective Date”) provides you with the option to receive a credit in exchange for trading in your current TAG Heuer Connected from previous generations (the “Current Watch”), subject to the purchase of the latest generation of the TAG Heuer Connected watch named Calibre E4 (the “New TAG Heuer Connected”). The Program is subject to the terms and conditions below (the “Trade-In Terms”). By participating to the Program, you agree to and are bound by these Trade-In Terms. For the avoidance of doubt, it is recalled that the new Program is available only for participation in the Program after December 11th, 2023 and that the Trade-In Terms do not include any retroactive provision for any similar program previously implemented by TAG Heuer.

15.2. The Program may not be available in all TAG Heuer stores. Please refer to our web page https://www.tagheuer.com/stores to find the list of TAG Heuer selected stores where the Program is available (the “TAG Heuer Selected Stores”). You can also benefit from the Program after you have purchased a New TAG Heuer Connected on our website by following the process set out in paragraph 7.

15.3. Your Current Watch will be eligible to the Program if it belongs to one of the eligible generations of TAG Heuer Connected watches (for more information on the eligible generations, please visit our Program web page on https://www.tagheuer.com/smartwatches/connected-trade-in.html or ask a customer advisor in one of our TAG Heuer Selected Stores), if we can confirm its authenticity and if its serial number is perfectly legible. TAG Heuer reserves the right to reject specific watches based on their condition (notably if their authenticity cannot be confirmed).

15.4. You will be able to trade in your Current Watch and receive a trade-in credit (the “Trade-In Credit”) toward a purchase of the New TAG Heuer Connected made as from the Effective Date of the Program. The amount of your Trade-In Credit is the same whatever the generation of your Current Watch (Calibre E1, E2 or E3) but may vary, as set and modified unilaterally by TAG Heuer from time to time). Please refer to our Program web page or ask a customer advisor in one of our TAG Heuer Selected Stores for the most up-to-date information on the amount of the Trade-In Credit value. The acceptance and execution of the Program to trade in your Current Watch for the Trade-In Credit leads to the transfer of title and ownership over your Current Watch to TAG Heuer, and your Current Watch will not be returned to you under any circumstances once you have transferred its title and ownership to us under the Program (see also paragraph 6 and paragraph 7).

15.5. The personal information which we may need and request from you in connection with your participation to the Program will be processed in accordance with our privacy policy, which is accessible at https://www.tagheuer.com/privacy-policy.html.

15.6. TAG Heuer Selected Stores: To benefit from the Program in one of our TAG Heuer Selected Stores, you must purchase a New TAG Heuer Connected in the store concurrently with the trade-in of your Current Watch. You must bring your Current Watch with you so that our teams can confirm its eligibility to the Trade-In Credit. After successful completion of these steps, provided you are happy to proceed, you will receive your Trade-In Credit toward the concurrent purchase of a New TAG Heuer Connected. The title and ownership of your Current Watch will be transferred to TAG Heuer upon the completed purchase of your New TAG Heuer Connected with the Trade-In Credit. By participating in the Program and giving us your Current Watch, you represent and warrant that you are the sole legal owner of the Current Watch and you will indemnify TAG Heuer from any claims that the trade in of the Current Watch was not duly authorized, that you were not the legal owner of the Current Watch, or that you did not have the right to transfer ownership to TAG Heuer, for example due to third parties’ rights.

15.7. TAG Heuer e-commerce website: To benefit from the Program after you have completed your online purchase of a New TAG Heuer Connected on our e-commerce website, you must first complete your purchase of the New TAG Heuer Connected. You will then need to contact our Customer Care team within thirty (30) calendar days following delivery of your New TAG Heuer Connected to initiate the trade-in process. Our Customer Care team will provide you with (i) instructions to perform an initial assessment of the eligibility of your Current Watch (note that you can also contact our Customer Care team to perform such initial assessment before purchasing your New TAG Heuer Connected), (ii) instructions and timing requirements for the shipment of your Current Watch to us if the initial eligibility assessment is positive and (iii) a prepaid shipping label which you must use to return your Current Watch. If you return your Current Watch other than via the prepaid shipping label, the shipment will be at your expense. If you do not contact our Customer Care team by the end of the thirty (30) calendar day period or ship your Current Watch within the time period instructed to you by our Customer Care team, the benefit of the Program will be void and your Current Watch will no longer be eligible for the Trade-In Credit.

Upon receipt of your Current Watch shipped in accordance with our instructions, our Customer Care team will proceed to a final confirmation of its eligibility to the Trade-In Credit and communicate such confirmation to you. After such confirmation and once the return period applicable to the purchase of your New TAG Heuer Connected has expired (see paragraph 13), the title and ownership of your Current Watch will be transferred to us and paragraph 8 will apply. We will proceed to the payment of the amount corresponding to the Trade-In Credit after the end of the return period applicable to your New TAG Heuer Connected, in the same currency and through the same payment method used for your purchase of the New TAG Heuer Connected. If we conclude that your Current Watch is not eligible to the Program pursuant to the Trade-In Terms, our Customer Care team will inform you accordingly and we will return your Current Watch to you, at our expense.

15. 8. By participating to the Program, you understand and agree that once the title and ownership of your Current Watch is transferred to TAG Heuer, TAG Heuer will initiate the disposal process of the Current Watch and will no longer be able to recover it. You disclaim any and all right or title on and to your Current Watch once it has been transferred to us, including the right to collect, as applicable, its value other than the received Trade-In Credit.

15.9. You must perform a factory reset and remove all personal information from your Current Watch before handing it or sending it to us pursuant to paragraphs 6 and 7, respectively. In proceeding to benefit the Program, you represent and confirm that you have performed such factory reset and removed all personal information from your Current Watch accordingly. TAG Heuer shall not be responsible for the disclosure or any other processing of any private information that has not been removed from your Current Watch prior to its return or shipment.

15.10. You must use the following methods of payment for the purchase of your New TAG Heuer Connected under the Program: all major debit or credit cards, Paypal (for online purchases only) or wire transfer in certain TAG Heuer Selected Stores depending on countries. Cash payments are also accepted in certain TAG Heuer Selected Stores, to the extent permitted by law and by our internal policies. Other methods of payment (e.g., payment in several instalments through a financing solution which could be proposed by TAG Heuer in certain countries for a regular purchase) are not available for a purchase under the Program.

15.11. Trade-In Credits cannot be combined for a single purchase of a New TAG Heuer Connected.

15.12. Returns – General: Taking part in the Program does not affect your right to return your New TAG Heuer Connected in accordance with our applicable return policies, subject to paragraphs 4, 7 and 8.

15.13. Returns – Online: For returns of the New TAG Heuer Connected purchased on our website, we will reimburse you the purchase price in the same currency and through the same payment method used for the purchase of your New TAG Heuer Connected in accordance with our online terms and conditions of sale which can be found on https://www.tagheuer.com/legal/terms.html and the benefit of the Program will be cancelled. If you return your New TAG Heuer Connected during the applicable return period and you have sent us your Current Watch to receive the Trade-In Credit, we will return your Current Watch to you at our expense and you will not receive the Trade-In Credit.

15.14. Returns – TAG Heuer Selected Stores: Returns of the New TAG Heuer Connected purchased in TAG Heuer Selected Stores shall be subject to the applicable return policy of the store where the New TAG Heuer Connected has been purchased. Please ask the customer advisors in your TAG Heuer Selected Store for additional information on any such return policy.

15.15. TAG Heuer reserves the right to exclude from the Program certain specific models or editions of the New TAG Heuer Connected collection.

15.16. The Program is only available to consumers who will purchase the New TAG Heuer Connected for domestic and private use. The purchase of a New TAG Heuer Connected with the intention of reselling it is strictly prohibited under the Program.

15.17. The Program cannot be combined with any other promotions, discounts or offers unless specifically provided for in the terms and conditions of such offers.

15.18. TAG Heuer reserves the right to terminate, adapt or amend the Program, including the Trade-in Credit value, the eligibility criteria, the trade-in conditions and the Trade-In Terms at any time.

15.19. The Program eligibility or the Trade-In Credit offered by TAG Heuer are not transferrable to any person other than you, as the owner of a Current Watch or a New TAG Heuer Connected.

15.20. TAG Heuer reserves the right to decline or cancel your participation in the Program, if we believe that your participation is pursuing an illegal or fraudulent purpose.

15.21. Each of the paragraphs of these Trade-In Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.22. Other than as specified in these Trade-In Terms, our standard terms and conditions for the sale of TAG Heuer products will also govern your purchase of the New TAG Heuer Connected. In case of inconsistency or conflict between the Trade-In Terms and our standard terms and conditions, the Trade-In Terms shall prevail.

15.23. These Trade-In Terms are governed by Victorian law and the courts in and of Victoria will have exclusive jurisdiction for any dispute arising in connection with these Trade-In Terms.

16. OTHER IMPORTANT TERMS

16.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

16.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3. This Contract is between you and us. Except as expressly set out in this clause 15, no person who is not a party to this Contract shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract are not subject to the consent of any other person.

16.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.

16.6. These Terms are governed by the laws of Victoria. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract (including non-contractual disputes or claims) will be governed by the laws of Victoria. You and we both agree that the courts in and of Victoria will have exclusive jurisdiction.