CONDITIONS OF SERVICE
CARTIER DISTANCE SERVICE REPAIR FOR AUSTRALIA
The following terms and conditions and any other related rules that are adopted by Cartier and made available as provided herein (collectively the “Conditions of Service”) shall apply to Cartier’s repair order tracking and distance repair services (the “Services”) that you (the “Client” or “you”) may order from Richemont Australia Pty. Limited, Level 8, 74 Castlereagh Street, Sydney NSW 2000, Australia (“Cartier” or referred to herein as “us”, “our” or “we”) via the Cartier Customer Service Department or on our Website, identified by the domain name www.au.cartier.com (the “Website”).
These Conditions of Service apply exclusively to Services that are requested by the Client in a Cartier boutique and that are validated and accepted at distance by the Client. If you are coming back to the Cartier boutique to accept and sign your price estimate, the conditions of the Cartier boutique shall apply instead of these Conditions of Service.
Cartier may modify the Conditions of Service from time to time, at its sole discretion, provided that the Conditions of Service applicable to any order are those in force at the time you place your order. In the case of an order placed through the Website, when you check the “Confirm estimate” or similar box at the order confirmation section of the Website before placing your order with Cartier, you indicate your acknowledgement and your full acceptance of these Conditions of Service.
If you refuse to accept the price estimate and these Conditions of Service, you will not be able to order any of the Services.
Only individuals who (a) have reached the age of legal majority, (b) have legal capacity to enter into contracts and (c) are citizens of, or residents living in Australia, may order the Services. 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 Service. Any orders placed in violation of this provision shall be null and void.
By signing the price estimate or placing an order through the Website, you represent and warrant that you are a bona fide end-user Client and will not use, deliver, sell or otherwise market or purchase the Services for commercial purposes or any other commercial benefit. If despite our efforts the Service is no longer available or Cartier believes, for legitimate grounds, that an order would violate these Conditions of Service, Cartier may refuse such order.
Only genuine Cartier creations are eligible for Services.
You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Cartier will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
You may request Services by bringing your creation to a Cartier boutique.
Upon receiving your creation, Cartier will verify that the returned creation complies with these Conditions of Service.
When you bring your creation to a Cartier boutique, you will be required to provide personal information, as well as a description of the problem, and sign the request service form to confirm that you authorize Cartier to immediately proceed with the repair Service as soon as you have accepted the online estimate on our Website.
If we need to send this creation to Switzerland for repair, you will receive by email, fax or postal mail an agreement letter that you will be required to sign and return to the Cartier boutique by fax or postal mail in order to proceed with the Service. If you decline to sign this agreement letter to send product abroad, we will return your creation un-repaired.
After signing the request service form in a Cartier boutique, you will be able to log on the Website to review and accept the price estimate corresponding to the Service of your Cartier creation along with these Conditions of Service. Alternatively, if you decide at the time you sign the request form in the Cartier boutique that you do not want to use the Website, you will receive by email, fax or postal mail the price estimate along with these Conditions of Service. You may also come back to the boutique to validate the price estimate you have received.
This price estimate will be valid for a period of two (2) months after its date of issue by Cartier, after which it will automatically become null and void if you do not accept it within that time period.
You should carefully check all details of the price estimate and Conditions of Service before placing your order.
All Prices for the Services shown on the Website are in Australian Dollars.
If you do not accept the price estimate during its term of validity or decline to accept these Conditions of Service, Cartier will not perform any Service, you will not be charged a processing fee, and Cartier will send back the creation to the Cartier boutique.
If you are willing to order the Services, once you have completely reviewed the price estimate, please check the tick boxes confirming that you have read, and accept to be bound by, these Conditions of Service, and then click on the "Order" (or similar wording) button on the Website to place your order. Alternatively, if you have received by email, fax or postal mail the price estimate, please sign it and send it back to Cartier by the same means to place your order.
In accordance with the request form you signed in the Cartier boutique, we will immediately proceed with the Service as soon as you have accepted the price estimate and Conditions of Service.
Your approval of the price estimate on the Website or by email, fax or postal mail constitutes acceptance of the Service to be performed by Cartier. Upon said approval of the price estimate, a valid binding contract shall be formed between you and Cartier.
By authorizing us to proceed with the Service, you agree to pay for our performance of the repair work, within the limit of the price estimate you validated.
If, for technical reasons, Cartier determines before proceeding with the Service that the cost of the repair will exceed the price of the estimate you approved, we will send you a new estimate for your approval or rejection.
Once the Service has been performed by Cartier in accordance with the price estimate that you approved, Cartier will send by email, fax or postal mail a note indicating that the Cartier creation has been repaired and inviting you to come back to the Cartier boutique to pick up your creation and pay for the Service.
Cartier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction.
Following payment of your order in the Cartier boutique, you will receive an invoice. You may request a copy of your invoice within twelve (12) months after payment by calling the Cartier boutique, subject to providing proper identification as requested by Cartier for security reasons.
Once the price estimate has been agreed upon by you, you shall not have any right to cancel the contract that has been formed by your acceptance of the price estimate.
The term of the services that may be provided to you in the Cartier boutique or on the price estimate is only an estimate, and is not binding on Cartier. Cartier shall not be liable for any damage resulting from any modification to the term of the services. Cartier will inform you as soon as possible of any modification to the term of the services.
Notwithstanding anything to the contrary provided for herein, Cartier may refuse, cancel and terminate orders at any moment in time in case of force majeure or if there is an on-going dispute concerning payment of a prior order or if Cartier suspects that you have violated these Conditions of Service.
In the event that Cartier needs to cancel an order for legitimate grounds, all payments received from you for Services, if any, shall be reimbursed to you by Cartier, without undue delay and in the original form of payment used for the initial transaction, no additional fees or penalties will be assessed against you and you shall not have any claims against Cartier, its agents, affiliates and employees, and neither party shall have any further obligation to the other.
Cartier will not be held liable, inter alia, for the following cases: (i) inaccuracies regarding information available on the Website; (ii) damages resulting from an intrusion by a third party that entailed a modification of information made available on the Website; or (iii) any damages or loss caused by or resulting from the use of information obtained from the Website, directly or through an intermediary.
You may have mandatory legal rights under applicable national legislation governing the provision of Services; those legal rights are not affected by these Conditions of Service.
While Cartier endeavours to verify the accuracy of any information it places on the Website, in advertisements or catalogues or information that is provided by the Cartier boutique, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Cartier does not confirm the price of a Cartier Service until the estimate has been issued by Cartier and accepted by Client, indicating the existence of a binding contract. If a Cartier Service’s current price is different than the price posted on our Website, then Cartier will either contact the Client for instructions or, if Cartier cannot obtain your instructions, reject the order and notify you of such rejection.
While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Cartier Services detailed on the Website or in a catalogue are as accurate as possible, Cartier does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.
Information and complaints. In case of any inquiry or complaint please contact our Client Relations Center on the telephone number and email address indicated on the Website.
Severability. In the event that any provision of the Conditions of Service shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further, and the validity and enforceability of any of the other provisions of the Conditions of Service shall not be affected.
These Conditions of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia.
The courts of New South Wales, Australia shall have exclusive jurisdiction over any disputes arising out of or in connection with these Conditions of Service.
Without any restriction to bring proceedings before a court, you and Cartier will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Service or any breach thereof.
Last Revised: 21 June 2016