CONDITIONS OF SALE
JAEGER-LECOULTRE U.S. E-BOUTIQUE AND CUSTOMER CONTACT CENTER
1. General
The following terms and conditions and any other related rules available in writing by Jaeger-LeCoultre (collectively the "Conditions of Sale") are applicable to all sales of Jaeger-LeCoultre products that you (the "Customer") may order from Richemont North America, Jaeger-LeCoultre Division, a corporation organized and existing under the laws of Delaware and having its corporate headquarters at 645 Fifth Avenue, 5th Floor, New York, NY 10022, U.S.A ("Jaeger-LeCoultre" or referred to herein as "us", "our" or "we") either (a) by phone (1-877-552-1833) via the customer contact center of Jaeger-LeCoultre (the "Customer Contact Center") or (b) on the Internet via Jaeger-LeCoultre’s Website, identified by the domain name www.jaeger-lecoultre.com and its subdomains (the "Website").
By placing an order through the Customer Contact Center or the Website, or by registering at the Customer Contact Center to purchase Jaeger-LeCoultre products, you guarantee that you are a legitimate customer in accordance with the terms and conditions set forth below and that you accept to be bound by these Conditions of Sale.
These Conditions of Sale apply only to sales made through the Customer Contact Center or the Website. The Conditions of Sale applicable to any order placed through the Customer Contact Center or the Website are those in force on the date that an order has been placed on your behalf by a Jaeger-LeCoultre Concierge (in the case of an order placed through the Customer Contact Center), or at the time you place an order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the "Place order now" box at the order summary section of the Website before placing your order with Jaeger-LeCoultre, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Jaeger-LeCoultre products from the Website or the Customer Contact Center. Sales concluded through Jaeger-LeCoultre retail boutiques are not subject to these Conditions of Sale.
Jaeger-LeCoultre may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale
Please read the Conditions of Sale and check our Website on a regular basis to be informed of any changes. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Customer Contact Center to cancel your registration and refrain from ordering any Jaeger-LeCoultre product through the Customer Contact Center or the Website.
Persons wishing to use the Customer Contact Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms and Conditions and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Customer Contact Center will be provided with access to our Privacy Policy as set forth in "Acknowledgment of Order" below.
2. Purchasing
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Customer Contact Center or on the Website. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Customer Contact Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Jaeger-LeCoultre products or purchase Jaeger-LeCoultre products for commercial purposes or any other commercial benefit. If Jaeger-LeCoultre believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Jaeger-LeCoultre may refuse such order.
Moreover, in the event that Jaeger-LeCoultre reasonably suspects that a third party has breached a customer's registration, password and/or account login, Jaeger-LeCoultre shall immediately cancel and terminate the account.
3. Product availability
All orders placed through the Customer Contact Center or through the Website are subject to availability and acceptance by Jaeger-LeCoultre.
Jaeger-LeCoultre reserves the right to change the assortment of items offered on the Website or through the Customer Contact Center, and may limit from time to time the quantity of items that may be ordered by a Customer in a single buying session, without prior notice. Jaeger-LeCoultre further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, your order may not exceed five (5) products in any single buying session on the Website or through the Customer Contact Center.
You may browse the product pages of the Website or contact the Customer Contact Center to discover products that are currently available for sale. Please note that only those products displaying an "Add to cart" button are available for sale through the Website, and only those products displaying a "Call to buy +1-877-JLC-1833" button are available for sale through the Customer Contact Center. Jaeger-LeCoultre reserves the right to change from time to time the assortment of products offered on its product pages. You may also call the Customer Contact Center (1-877-JLC-1833) and a Jaeger-LeCoultre concierge will provide you with further information as to product availability and assist you with your purchase.
4. Registration and personal information
In order to place an order on the Website or through the Customer Contact Center, you or the Jaeger-LeCoultre concierge (on your behalf) may need to register and create an online account. During this process, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your registration on the Website or by the Jaeger-LeCoultre concierge, you will receive by email a one-time password, which will allow you to register on the Website and to choose a permanent account login and password, and a second email summarizing your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Jaeger-LeCoultre will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
We may change the information required to place an order or the registration requirements from time to time. Any changes will be displayed on the Website. Please refer to our Customer Contact Center Privacy Policy and clause 7 of these Conditions of Sale for more details about how we may use your personal information.
When placing an order on the Website or through the Customer Contact Center, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Jaeger-LeCoultre or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Customer Contact Center or via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Customer Contact Center or on the Website change, please login to your account and update such information directly on the Website, if online account feature is available, or inform the Customer Contact Center, or notify Jaeger-LeCoultre at the following e-mail address: eboutique.us@jaeger-lecoultre.com. Moreover, in the event that Jaeger-LeCoultre reasonably suspects that a third party has breached a customer's registration, password and/or account login, Jaeger-LeCoultre shall immediately cancel and terminate such account, and notify you by email or telephone.
5. Orders
When ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the "Add to cart" button to place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to "Checkout" by clicking on this button. You may also remove one or several products you have selected by clicking on "Remove" next to the chosen product on in the Shopping cart. When you have completely reviewed your order and entered your personal information (including eMail, shipping address, billing address and payment information), check the "Yes, I have read and agree with the Conditions of Sales" to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Place order now " button on the Website to place your order.
When ordering by telephone through the Customer Contact Center (1-877-552-1833), a Jaeger-LeCoultre Concierge will follow the order process.
Notwithstanding anything to the contrary provided for herein, Jaeger-LeCoultre reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Jaeger-LeCoultre may refuse, cancel or terminate your order if there is an ongoing dispute concerning payment of a prior order,,or if Jaeger-LeCoultre reasonably suspects that you have violated these Conditions of Sale or that you have engaged in fraudulent or grey market activities.
6. Prices, tax and shipping costs
All prices shown on the product pages of the Website or mentioned by the Customer Contact Center are in U.S. Dollars.
All prices and offers remain valid as advertised from time to time. Jaeger-LeCoultre reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs advertised by the Customer Contact Center or on the Website at the time your order is accepted by Jaeger-LeCoultre, will be honored by Jaeger-LeCoultre.
Actual shipping costs, which are paid by Jaeger-LeCoultre, and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Customer Contact Center (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice. Delivery costs and use taxes are not stated on the product pages but will be added to the product price after you have entered your shipping address. The actual sales tax will be calculated when we dispatch the order. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable law between the date you placed your order and the date we send you the Confirmation of Order. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. Payment by credit card
Jaeger-LeCoultre accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner’s Club and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Customer Contact Center your credit/ card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security and quality control purposes and retained for the statutory period. Any telephone conversation recorded by our Customer Contact Center that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Jaeger-LeCoultre, you will need to contact your card issuer directly to solve this problem, and Jaeger-LeCoultre will not be liable for any delay or non-delivery.
In order to process your order, the amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Jaeger-LeCoultre, at which time you will be sent an Order Confirmation email and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Jaeger-LeCoultre products on the Website or through the Customer Contact Center, you expressly authorize Jaeger-LeCoultre to perform a credit card check to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Jaeger-LeCoultre takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Jaeger-LeCoultre uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
In order to secure your transaction, Jaeger-LeCoultre will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Jaeger-LeCoultre to perform such checks and, where Jaeger-LeCoultre deems necessary, to transmit or obtain information that you have provided to Jaeger-LeCoultre about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
8. Review and Confirmation
You should carefully check and confirm all details before placing your order on the Website or through the Customer Contact Center, including without limitation, the particulars of the sale, which will be provided by the Jaeger-LeCoultre Concierge (in the case of order by telephone) or displayed on the Website (in the case of an order on the Website). In the case of an order being placed through the Customer Contact Center, the Jaeger-LeCoultre Concierge will verbally ask you to confirm the details of your order.
Once you have confirmed and placed your order, Jaeger-LeCoultre will issue an Order Reference Number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save this Order Reference Number for any future enquiries.
On placing an order through the Customer Contact Center, you are making an offer to Jaeger-LeCoultre to purchase the products, in accordance with these Conditions of Sale.
9. Acknowledgement of order
Once you have placed your order on the Website or through the Customer Contact Center, you will receive a fax or an email acknowledging the details of your order.
This acknowledgement of order is not an acceptance of your order.
When ordering by telephone through the Customer Contact Center, these Conditions of Sale will be provided to you with the acknowledgement of your order through either email link or fax, or the Jaeger-LeCoultre concierge will refer you to the Conditions of Sale posted on the Website. A copy of these Conditions of Sale will also be placed in the delivery package. Please carefully review these Conditions of Sale upon receipt.
10. Confirmation of order
Upon shipment of your order, following completion by Jaeger-LeCoultre of its anti-fraud and security checks, Jaeger-LeCoultre will send you by email or by fax a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Jaeger-LeCoultre and indicates the existence of a binding sales contract.
11. Proof of Agreement
The Acknowledgement of Order and Confirmation of Order that are sent to you by fax or by email are deemed to be received when you are able to access them on your fax machine, computer, mobile or handheld device.
The Confirmation of Order and any automatic recording systems used by the Customer Contact Center or the Website will be proof of a binding agreement between you and Jaeger-LeCoultre.
12. Complimentary services
The following complimentary services will be proposed, free of charge, by the Customer Contact Center:
12.1 Gift wrap, Jaeger-LeCoultre Box or special packaging
All packages are systematically delivered gift wrapped, in the Jaeger-LeCoultre Box or special packaging.
12.2 Watch Bracelet adjustment
Bracelet adjustment is available on certain watches. If you require a watch bracelet adjustment, the removed links will be included by Jaeger-LeCoultre in the delivery package.
You will be required to include the removed links in your return package should you want to return or exchange the watch. Returns of Jaeger-LeCoultre products that do not include the exact number of links may be rejected by Jaeger-LeCoultre and will be sent back to you.
12.3 Watch strap adjustement
Strap adjustment is available on certain watches. When placing an order on the Website, you will have to call our Contact Center to inform the Concierge of your wrist size should you want to adjust the strap to your wrist. The strap will be adapted accordingly prior to shipment of the watch. When placing an order by telephone, the Jaeger-LeCoultre Concierge will ask you to measure your wrist size and the strap will be adapted accordingly prior to shipment of the watch.
If you have provided a wrong measure to the Jaeger-LeCoultre Concierge and require another size adjustment, you will be responsible for payment of the shipping fees in relation to this service.
Jaeger-LeCoultre will neither be responsible for wrong measures provided by Customers, nor for delays that might occur in supplying a new adjusted strap.
12.4 Gift note
You may personalize your order by adding a gift note printed by Jaeger-LeCoultre and containing your message. In that case, an additional blank note will be added in the package that contains your order. If you have ordered several products, additional blank notes will be provided in the package.
13. Shipping policy
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Jaeger-LeCoultre does not ship to PO boxes, APO/FPO addresses and hotels.
Delivery costs, which are not included into the price of the Jaeger-LeCoultre products themselves, are paid by Jaeger-LeCoultre.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for dispatch, we will send you the Confirmation of Order by email or by fax.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
Type of delivery Provider Estimated
Delivery Lead TimeCharge to Customer Standard FedEx 5-7 Days* Free Express FedEx – Not available for products shipped to Alaska or Hawaii 2 Business Days* Free * Saturday will not be considered as a regular business day with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Customer Contact Center. Please contact the Customer Contact Center (1-877-552-1833) for more information.
Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment, strap adjustment or engraving. In such cases, the Customer Contact Center will contact you to propose other arrangements and refund charges associated with your express delivery.
Each delivery package will contain, in addition to your purchased Jaeger-LeCoultre product: (i) all related accessories, if any, (ii) a thank you card; (iii) the Product Manual, as applicable; (iv) the Certificate of Authenticity (if applicable) and the Warranty Card; (v) these Conditions of Sale; (vi) a printed gift note containing your message, if so requested by you when you place your order, and one additional blank note per additional product; (vii) the return form and pre-paid return label; and (viii) a delivery slip without price.
When ordering products on the Website or through the Customer Contact Center, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address by regular mail. If you decide at this moment that you do not want to receive an invoice, you may later request an invoice by calling the Customer Contact Center (1-877-552-1833). Please note that Jaeger-LeCoultre may request that you provide proper identification as a condition to complying with such request.
Jaeger-LeCoultre insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Jaeger-LeCoultre product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Jaeger-LeCoultre and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
14. Return policy
In order to ensure your total satisfaction, a Customer or a recipient of a gift of Jaeger-LeCoultre product (a "Gift Recipient") may return Jaeger-LeCoultre products in accordance with the return and exchange policy set forth below. Returns of Jaeger-LeCoultre products that are not in compliance with the conditions and timeframes set forth below may be rejected by Jaeger-LeCoultre and will be sent back to the Customer or Gift Recipient, as the case may be.
14.1 Return Period
Jaeger-LeCoultre allows the Customer or the Gift Recipient to return Jaeger-LeCoultre Products purchased on the Website or through the Customer Contact Center within thirty (30) days of receipt of the product, but subject to the further terms and conditions set forth below.
14.2 Return Process
Products that have been purchased on the Website or through the Customer Contact Center may be returned to the Jaeger-LeCoultre e-boutique distribution center, at the following address: E-Commerce returns – RNA logistics – 2710 Regency DR STE 500 – Grand Prairie – TX 75050
Products that have not been purchased on the Website or through the Customer Contact Center may NOT be returned to the Jaeger-LeCoultre e-boutique distribution center.
If a Customer or Gift Recipient wishes to return a product to the Jaeger-LeCoultre e-boutique distribution center, then such person must comply with the following steps:
- Call the Customer Contact Center at 1-877-552-1833 to request a Return Authorization Number (RAN). This number is required prior to returning any product to Jaeger-LeCoultre,
- Fill out the required information and list your Return Authorization Number (RAN) on the return form supplied in the packaging of your product, and sign it,
- Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity (if applicable) and the Warranty Card, all other documents, and the removed links (if any), in its original box and delivery package,
- Seal the delivery package and affix the pre-paid delivery label to it,
- Bring the package at any Fedex location or call Fedex to arrange pick-up.
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Jaeger-LeCoultre and Customer or Gift Recipient, as the case may be, agree that Jaeger-LeCoultre maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Jaeger-LeCoultre is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment. Jaeger-LeCoultre accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Jaeger-LeCoultre e-Boutique distribution center will be eligible for a return/refund.
Upon receiving your return, Jaeger-LeCoultre will verify that the returned product satisfies the conditions of the return policy.
14.3 Conditions to Return a Product
Jaeger-LeCoultre products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable). Jaeger-LeCoultre will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Engraved Jaeger-LeCoultre products cannot be returned to Jaeger-LeCoultre for exchange or refund.
Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.
All returns will be subject to strict Quality Control (QC) by Jaeger-LeCoultre to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Jaeger-LeCoultre will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Jaeger-LeCoultre will proceed with the applicable refund or exchange.
14.4 Refunds and Merchandise Credit
Should a product be returned to the Jaeger-LeCoultre e-boutique distribution center by the Customer or the Gift Recipient, only the Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.
If a Customer’s return complies with the return policy, Jaeger-LeCoultre will use reasonable efforts to credit the refund to the Customer’s credit card no later than fourteen (14) days after receipt of the returned item by the Jaeger-LeCoultre e-boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.
The Customer or the Gift Recipient may return a product to a Jaeger-LeCoultre retail boutique, the individual making the return being entitled to receive boutique merchandise credit only. No cash or credit card refunds will be given. Boutique merchandise credits can only be applied to products purchased in a Jaeger-LeCoultre retail boutique and cannot be applied to products purchased on the Website or through the Customer Contact Center.
14.5 Exchanges
Customers and Gift Recipients may return a product purchased through the Website or the Customer Contact Center and, if the returned product satisfies the conditions of the return policy, exchange it for another item.
Should a product be returned for exchange to the Jaeger-LeCoultre e-boutique distribution center, only the Customer will be entitled to receive a refund of the price difference, if the returned product is more expensive than the exchanged item. If you are a Gift Recipient, please return the product directly to a Jaeger-LeCoultre retail boutique to receive merchandise credit for the price difference. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient, as applicable, will be charged the difference in price.
Jaeger-LeCoultre will send an invoice to the Customer or Gift Recipient, as the case may be, that identifies the returned product and its value, the price of the item for which the original product has been exchanged, and the difference to be paid by the Customer or Gift Recipient or the amount that the Customer is entitled to receive as refund.
Should a product be returned for exchange to a Jaeger-LeCoultre retail boutique, either the Customer or Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the returned product is more expensive than the exchanged item. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
14.6 Defective products
Jaeger-LeCoultre is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product which seems to be damaged, you may return it to Jaeger-LeCoultre in accordance with the return policy. Upon receipt, Jaeger-LeCoultre may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by Jaeger-LeCoultre, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
- Jaeger-LeCoultre may send you the same product, subject to availability,
- Jaeger-LeCoultre may propose an exchange for another Jaeger-LeCoultre creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
- Only you, as the Customer, may request a refund of the full price of your initial purchase.
15. Repairs
For any repair inquiries, please contact our Customer Contact Center by emailing eboutique.us@jaeger-lecoultre.com or by calling 1-877-552-1833.
16. Gifts
If you purchase a Jaeger-LeCoultre product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, Jaeger-LeCoultre will send such invoice to your billing address by regular mail (Jaeger-LeCoultre will never send the invoice and payment details to the Gift Recipient).
17. WARRANTIES/LIMITATION OF LIABILITY
WHILE JAEGER-LECOULTRE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CUSTOMER CONTACT CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. JAEGER-LECOULTRE DOES NOT CONFIRM THE PRICE OF A JAEGER-LECOULTRE PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY JAEGER-LECOULTRE, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A JAEGER-LECOULTRE PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON THE WEBSITE, THEN JAEGER-LECOULTRE WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND JAEGER-LECOULTRE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON THE WEBSITE OR THROUGH THE CUSTOMER CONTACT CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL JAEGER-LECOULTRE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW.
WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE JAEGER-LECOULTRE PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE REPRESENTATIVE OF THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCTS, SLIGHT VARIATIONS MAY OCCUR FOR TECHNICAL AND OTHER REASONS. ACCORDINGLY, JAEGER-LECOULTRE SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF JAEGER-LECOULTRE PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG.
18. Entire Agreement
The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Jaeger-LeCoultre regarding your purchase of Jaeger-LeCoultre products through the Customer Contact Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Jaeger-LeCoultre in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Website conflict with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
19. No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
20. Governing law
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, will be resolved by binding arbitration, rather than in court, except that a Customer or Gift Recipient may assert claims in small claims court if such claims qualify. The arbitration will be conducted in New York, New York, by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
DATE: October 17th, 2012