TERMS AND CONDITIONS
CUSTOMER SERVICE GENERAL TERMS AND CONDITIONS (EDITION JANUARY 2002)
ARTICLE 1: SCOPE OF APPLICATION
These Customer Service General Terms and Conditions of Luxe, (“Luxe”), including application to all repairs and other maintenance services carried out by Luxe (the “Service”) on any watch of the brands belonging to a third party, an individual or corporate entity (the “Customer”) and sent or delivered for a Service.
ARTICLE 2: DELIVERY OF THE WATCH FOR SERVICE AND ESTIMATE
2.1. When the watch is delivered to our in-house repair centre, the Customer will be given an estimate, provided the type of service required and its cost can be determined immediately (the “Estimate”). Failing that, the Customer is given a service request confirming the watch has been left for a Service (the “Services Request”). The Estimate and the Services Request both describe the general external condition of the watch as observed by our in-house repair centre. The Customer immediately, or failing that, during the validity of the Estimate, confirms to Luxe the acceptance of the Estimate. At any time, Luxe reserves the right to modify the Estimate if a warranty exclusion fault is determined which was not detected during the preparation of the Estimate when a watch still under warranty was delivered.
2.2. When requested by the Customer or if it is not possible to promptly determine the nature and price of the Service when the watch is delivered, Luxe shall send the Customer, within a reasonable timeframe, an Estimate which requires the dismantling of the watch case and the assessment of the movement. If requested by the Customer, Luxe may prepare a detailed estimate stating the watch components to be replaced or repaired during the Service (the “Detailed Estimate”). For the purposes of these Customer Service General Terms and Conditions, a reference to the term the “Estimate” includes the Detailed Estimates hereafter and all other types of estimates.
2.3. The Estimate remains valid for three (3) months from the date it is issued and shall be expressly approved by the Customer. Luxe may send a maximum of three (3) reminders during the validity of the Estimate.
2.4. If, before the start of the Service, Luxe discovers that additional operations that are not included in the initial Estimate must be carried out to maintain the operation, integrity and the water resistance of the watch, Luxe will promptly send the Customer an updated Estimate. The Service will only resume when the updated Estimate is expressly accepted by the Customer.
2.5. When a watch is received by Luxe, it is promptly digitally photographed to record its general condition on reception. If requested by the Customer, Luxe will provide the photographs or extracts thereof.
ARTICLE 3: PRICE FOR THE PREPARATION OF THE ESTIMATE
The Estimate is prepared free of charge except for a watch for which the reference cannot be identified, a watch requiring restoration or certain models with Grande complication. In these cases where the Estimate is charged, a down payment invoice will be issued when the watch is delivered. The down payment invoice will be settled at the latest when the watch is returned to the Customer and only if the Estimated is rejected.
ARTICLE 4: PRICE OF THE SERVICE
4.1. The price of the Services includes VAT and any other applicable taxes, further including the charge for packaging, transporting and insurance agreement to the contrary is signed by Luxe and the Customer, dependent on country destination confirmation.
4.2. Unless otherwise agreed in writing and signed by Luxe and the Customer, the cost of the Service is payable at the latest when the watch is returned to the Customer. Luxe does however, reserve the right to request full or partial payment in advance, however majority of instances, payment will be requested upon the Service being concluded.
4.3. Services which are repairs falling under the Luxe product warranty supplied in respect of the watch and any extension of such warranty shall be carried out free of charge to the Customer.
ARTICLE 5: REJECTION OF THE ESTIMATE BY THE CUSTOMER
Once the period of validity of the Estimate expires, or if the Customer rejects the Estimate, the watch will be returned to the Customer in accordance with Article 8, in the same condition as when the watch was delivered by the Customer once payment of all fees for drawing up the Estimate stated in Article 3 have been made.
ARTICLE 6: RETURN OF THE WATCH TO THE CUSTOMER UPON COMPLETION
OF THE SERVICE
6.1. Once the Service has been completed, the Customer will be informed by Luxe of the completion of the Service and the fact that the watch will be returned to the Customer by post, addresses confirmed by the customer prior to creating the consignment if the customs formalities for importing goods into their country can be accepted after the identity of the Customer has been formally identified.
6.2. Luxe shall not be held liable for any damage to and/or loss of the watch due to an incorrect address provided by the Customer.
ARTICLE 7: RECOMMENDATIONS CONCERNING MAGNETISM
A large proportion of modern equipment, such as scanners, household appliances and mobile phones generate a magnetic field. It is possible that a watch may become magnetised after it has been in proximity to a magnetic field, and this may affect its functionality. In such case, Luxe recommends that the watch is checked by Luxe or in a Luxe Repair Centre which has the suitable equipment.
ARTICLE 8: ASSIGNMENT & RETURNS
8.1. Luxe may transfer its rights and obligations under these Customer Service General Terms and Conditions and shall notify the Customer upon such assignment taking place. Any watches that you have inquired to bespoke will automatically void their manufacturer’s warranty as soon as customisation commences. Any warranty provided will therefore be directly with Luxe for a period of two (2) years unless.
8.2. You may return your purchase for a full refund, in the original form of payment, within 60 days of your purchase date. To make a return, please contact one of our team using the seller contact information at the bottom of each product listing or call us to register your return. The customer is liable for all return postage costs unless this is agreed in some form by a Luxe representative. We suggest items are returned to us with an insured method of shipping. We are not liable for the cost of such methods. We are not responsible for any loss, damage, or theft whilst the product is in your possession or being returned to Luxe. We cannot accept the return of items that have been engraved, altered, or personalised.
ARTICLE 9: ACCEPTANCE OF THE ESTIMATE BY THE CUSTOMER
9.1. If the Estimate is accepted by the Customer within fifteen (15) business days as of the date it was issued, Luxe agrees to exercise reasonable diligence to ensure the Service is carried out within the time set forth in the Estimate. A new timeframe will be indicated to the Customer if the Estimate is not accepted within the fifteen (15) business day period as of the date it was issued. The new timeframe will consider the current workload at that time and may be later than the timeframe originally set forth in the Estimate. Estimated time frames will often be over Estimated, usually Services will be carried out promptly within six (6) calendar days of receiving the item, depending on the tasks required.
9.2. Once the Customer expressly accepts the Estimate, Luxe agrees to carry out the Service with all reasonable endeavours. Once Luxe has initiated the Service, the Customer cannot withdraw his consent, excepted for a change of strap request, which may result in additional costs and a new Estimate being issued to the Customer, or except in accordance with clauses 9.6 and 9.7.
9.3. To carry out the Service within a reasonable timeframe, Luxe reserves the right to send the Customer’s watch to a different Luxe repair centre, relative to the destination country, applicable internationally.
9.4. If problems are encountered during Service, Luxe reserves the right to review the Estimate, respectively to stop the work if the Service cannot be carried out due to the age or state of the watch. The watch is then returned to the Customer in the condition it was on delivery. If the Estimate had been invoiced, all costs for the preparation of the Estimate stated in Article 3 shall be settled at the latest when the watch is returned to the Customer. No cost for work not undertaken in accordance with this Article 9.4 will be payable by the Customer.
9.5. If, despite reasonable efforts, Luxe cannot complete the Service due to a force majeure event, the completion of the Service will be postponed depending on nature and scale of the event, subject to the agreement between Luxe and the Customer. Force majeure shall mean and include, without limitation, natural phenomena, conflicts, strikes, attacks, unforeseen official restrictions, and any other events beyond the control of Luxe. If any force majeure event delays or prevents the completion of the Service for a continuous period of six (6) months, the Customer may send a written notification to Luxe requesting Luxe to return the watch, which Luxe shall return in accordance with Article 9.4. No cost for work not undertaken in accordance with this Article 9.5 will be payable by the Customer.
9.6. The Customer may cancel the Service by giving 5 days’ notice in writing to Luxe, Luxe will cease performing the Services as soon as practicable thereafter and, were necessary, reassemble the watch as is reasonably possible at the time. Luxe will only invoice the Customer for the work it performed, reassembly of the watch and reasonable compensation for Luxe for the cancellation.
ARTICLE 10: REPLACEMENT OF COMPONENTS
10.1. Except for straps, the components replaced during a Service are included in the price of the Service if the replacement of these components is considered usual and regular for the Service. Otherwise, particularly if the watch has undergone an impact or any other damage which requires the replacement of certain components before their usual replacement date, these components are invoiced separately to the Customer. In any case, the invoicing for the Service considers the cost and the value of keeping the replaced components, particularly when these components are made from precious materials. By accepting the Estimate, the Customer agrees that the components exchanged, except for the straps and bracelets, are kept by Luxe and therefore, waives the return of these components and ownership of these components shall transfer to Luxe upon their replacement in the watch. If the Customer refuses in writing the handover of these components, at the latest on accepting the Estimate, Luxe reserves the right to increase the price of the Service. Worn components are replaced as part of the Service by new components manufactured in line with Luxe’s standards and benefiting from the latest technical manufacturing developments.
10.2. Original components which are no longer available for a restoration Service will be recreated by hand, insofar as possible, by specialist watchmakers or resourced if applicable.
10.3. The availability of dials and straps which are identical to the watch’s original components may sometimes be limited to a certain period. If these are not available, Luxe will either replace the dial and/or the strap with a dial and/or strap with the closest possible appearance to the watch’s original component, or recondition the original dial, when such type of reconditioning is technically possible.
ARTICLE 11: WATCH WHOSE APPEARANCE HAS BEEN MODIFIED ELSEWHERE
If a watch presents parts whose original appearance or a function has been modified by a third party, Luxe will produce an Estimate which considers the work required to return the watch to its original appearance or function. Luxe reserves the right to limit the Service to the parts of the watch which have remained in their original condition. Likewise, Luxe reserves the right to not perform any Service in the event of unapproved by Luxe Aesthetic and/or technical modifications made to the watch.
ARTICLE 12: CHANGE TO THE REFERENCE
Luxe permits certain aesthetic modifications to its products on the condition that these modifications give the appearance of an existing model from past or present collections and if such aesthetic modifications are expressly approved by Luxe. Such modifications may require a change in the commercial reference maintained by Luxe to save the information relating to the modifications made to the watch.
ARTICLE 13: APPLICABLE LAW
These Customer Service General Terms and Conditions and the relationship between Luxe and the Customer shall be governed by and construed in accordance with the law internationally.
ARTICLE 14: ARBITRATION
Any dispute arising out of or in connection with these Customer Service General Terms and Conditions, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Dover Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference into this Article 21. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English.
ARTICLE 15: LOSS OF OR DAMAGE TO THE WATCH DELIVERED
15.1. Before receipt by Luxe: Luxe shall not be held liable for any damage caused to the Customer’s watch while it is in transit, or for its loss or theft before it is received by the Luxe Repair Centres. Customers should send their watches by secured and/or registered delivery or delivery service. Upon request, Luxe will estimate the replacement value for watches of the current models or for similar watches, which shall be for reference uses only. For other watches, only recognised auction houses are authorized to assess the value of the watch and Luxe shall not be liable for any losses suffered or incurred due to any reliance by the Customer on any estimated replacement value of the watch provided by Luxe. The Customer alone is responsible for ensuring compliance with the procedures and conditions for exporting/importing a watch sent directly by a Customer to Luxe for a Service. Luxe shall not under any circumstances be held liable for any breach whatsoever committed by the Customer.
15.2. After receipt by Luxe: Despite the greatest care being taken by Luxe with the watches entrusted to it for a Service, in a highly improbable circumstance, it is possible that some delicate components may be damaged during the Service. If these components cannot be replaced at Luxe’s expense, Luxe agrees only to compensate the Customer in strict accordance with the following rules:
- Model from the current collection: replace the damaged watch with a new watch of the same model or, for limited editions, replace the watch with a similar watch of the same value (in line with the price paid for the watch by the Customer) or, if Luxe decides in its absolute discretion, financial compensation based on the market value of the watch.
- Model outside the current collection: replace the watch with a similar watch of the same value (in line with the price paid for the watch by the Customer) or, if Luxe decides in its absolute discretion, financial compensation based on the market value of the watch.
15.3. When it is returned to the Customer: Without prejudice to Article 6.2, in the event of loss or theft during transportation to return the watch to the Customer, Luxe agrees to compensate the Customer in strict accordance with Article 15.2.
15.4. Luxe shall carry out the Service with all reasonable care and skill. If Luxe’s fails to carry out the Service with all reasonable care and skill, the sole responsibility of Luxe shall be to ensure that a further Service is carried out with all reasonable care and skill and the watch repaired accordingly with the relevant expense being borne by Luxe and all other rights or remedies of the Customer shall be limited accordingly.
ARTICLE 16: SERVICE WARRANTY
16.1. The work carried out as part of the Service and the components replaced (including the Service and the components replaced of the rotating display boxes) are warrantied for a period of two (2) years from the date shown on the warranty document or on the invoice. The product warranty certificate and any extension of such warranty must be presented in support of a request for service under the product warranty.
16.2. Without prejudice to Article 6, the service warranty covers all manufacturing and workmanship defects, particularly those resulting from defective components, defective workmanship during the Service or damage occasioned in transit when the watch is being returned to the Customer.
16.3. The following are not covered by the product or service warranty: normal wear and tear, anomalies relating to a shock, abnormal use, incorrect handling, work carried out on the watch by someone other than a Luxe Authorized Repair Centre, failure to observe the recommended water-resistant service (as set forth in Article 21).
16.4. The Customer is responsible for checking the watch and then informing Luxe in writing of any defects which are promptly noticeable within ten (10) business days of the watch being received after the Service. If the Customer fails to so notify Luxe within such ten (10) business days, the watch shall be deemed to have been accepted in good condition by the Customer and Luxe shall be released from all and any claim or liability, unless it relates to a defect which could not have been reasonably noticed promptly. In such event, the Customer may only request that Luxe repairs such defect under these Customer Service General Terms and Conditions.
16.5. The Customer’s refusal to have the Service carried out (a maintenance, repair or water resistance service) releases Luxe from all and any obligation or liability in connection with the watch, its functioning, its water resistance, and its integrity (unless the obligation or liability arises under a product warranty or a Service warranty).
16.6. The Customer may transfer the Service warranty and or the product warranty to a person who has acquired the watch. Luxe may, at its sole discretion, require the person to whom the Service warranty or the product warranty is transferred to provide reasonable evidence that he is now the lawful owner of the watch.
ARTICLE 17: LIABILITY
Nothing in these Customer Service General Terms and Conditions shall exclude or limit in any way Luxe’s liability for death or personal injury caused by Luxe’s negligence or the negligence of Luxe’s employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customer’s legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care. Luxe shall not be liable for any economic and or indirect loss, loss of profit, goodwill, or business, any special, indirect, or consequential damage, nor for any loss arising from any inability of the Customer to wear and or use the watch or sell the watch.
ARTICLE 18: STOLEN WATCH
If a watch is received which has previously been reported as stolen, Luxe reserves the right to inform the former owner and/or the relevant authorities who alone would have the authority to determine legal ownership of the watch in question, unless a mutual agreement is reached between the former owner and the current possessor, and to keep the watch in custody until ownership is not determined.
ARTICLE 20: COUNTERFEITS
If the examination of the watch reveals that one or more parts of this watch are counterfeit parts, no Service will be performed on the watch in question. Luxe will document the visual and technical aspects which indicate that it is counterfeit. Luxe may investigate further the counterfeit with the aim of gathering information on the origin of the watch. If the Customer agrees to assign the counterfeit to Luxe, we will provide the Customer with a confirmation attesting that the watch is not an authentic watch. Bespoke parts provided by Luxe do not apply.
ARTICLE 21: WATER RESISTANCE OF THE WATCH
21.1. The water resistance of the watch can be compromised by an accident or upon contact with an aggressive material (acid, perfume, liquid metal, etc.). After any type of these incidents, it is key to completely avoid immersing the watch, and to have a water resistance check promptly re-carried out on the watch. If the Customer goes bathing frequently, since sand, salt and chlorine are abrasive and corrosive agents, Luxe recommends regularly rinsing the watch in fresh water before drying. In any case, Luxe recommends that a watch with a leather strap, even though it is water resistant, is not immersed in water as this may damage the strap. If the Customer’s watch is not a water-resistant model, it must not be immersed or brought into contact with water or any other kind of liquid. Damage caused by the moisture penetrating a watch which is not water resistant is not covered by the warranty.
21.2. Luxe recommends to its customer to check the water resistance of their watch at least every two (2) years and every year if the watch is frequently exposed to water and damp environments. To do so, such a test is offered by Luxe to its Customers outside any other Service. This Service is free of charge, but no warranty is granted.
21.3. A paying water resistance service (the watch is dismantled, and seals are replaced) is required every two (2) to three (3) years depending on how often the watch is worn or immediately in the event of an incident or if the water resistance check has detected an issue. The water resistance will then be guaranteed for two (2) years without guaranteeing the correct functioning of the watch.
21.4. Over the course of time, watches can develop issues from the infiltration of moisture or oxidation in the movement. Minor distortions linked to normal use or to inexpert polishing may lead to a loss of water resistance. Damage linked to the infiltration of moisture however caused is not covered by the Service warranty unless caused by the negligence or willful misconduct of Luxe.
21.5. In certain cases, the water resistance cannot always be restored even after a Service as normal use over time can lead to small distortions of the case. Damage linked to the ingress of moisture in a watch which has lost its water resistance is therefore excluded from the Service warranty.
21.6. When the battery is changed on a quartz watch or whenever the case of a watch is opened for work, Luxe systematically suggests a water resistance service. If the Customer declines this Service, no warranty shall be granted. Nevertheless, the new battery will be fitted free of charge.
ARTICLE 22: PROTECTION OF PERSONAL DATA
Luxe and the companies within Luxe collect and process Personal data, particularly data transmitted by the Customer or in connection to the watch or the Luxe (the “Data”). This Data is processed in accordance with the Data Protection Act 1998. As the Customer left the watch for a Service, Luxe requires the Customer to provide at least his name, contact details and any observations useful for servicing the watch. The Data is processed in connection with the Service described in these Customer Service General Terms and Conditions, and more generally, as part of the Luxe’s after-sales service as well as for administrative and financial purposes. If the Customer gives their prior written consent, the Data will be used for marketing, market studies and statistical purposes. If Luxe is so authorized to inform the Customer, for instance, about new products and services, upcoming offers, and events or to send other communications to the Customer for marketing purposes. Luxe covenants not to sell, rent or transmit Data to a third party without the Customer’s consent, except to meet any applicable law or governmental request. Transmission of Data to a subcontractor is reserved. Data may be transferred to and processed in a third country, in which Luxe has a subsidiary or a service provider, including in a country offering a lower level of data protection than the United Kingdom and upon receipt of these terms and conditions the Customer is deemed to have given its consent to such transfer by Luxe. The Customer is entitled to require at any time to have his Data accessed, rectified or deleted, by addressing a written request with proof of his identity to Luxe (Marketing) International House, 6 Molten St, Mayfair, London, United Kingdom or by email (sales@luxeservices.co.uk).
ARTICLE 23: ENTIRE AGREEMENT
The Services Request, the Estimate together with these Customer Service General Terms and Conditions (save and except for any terms in these Customer Service General Terms and Conditions which are inconsistent with the Estimate, in which circumstances the Estimate shall always prevail) contain the whole agreement between Luxe and the Customer in respect of the provision of the Service and supersedes and replaces any prior written or oral agreements, representations, or understandings between Luxe and the Customer relating to such subject matter. The parties confirm that they have not entered the transaction based on any representation that is not expressly incorporated into the Services Request, the Estimate, or these Customer Service General Terms and Conditions.
ARTICLE 24: GENERAL
24.1. We do not endorse the sales of any counterfeit jewellery or watches, lab, or synthetic gemstone alternatives. All our timepieces, fine jewellery, gold, and diamonds are authentic and guarantee that the serial number on each timepiece has not been altered. Our timepieces may contain bespoke parts as stated. Since we are not an authorised dealer for the brands we possess, we can offer substantially greater discounts than authorised retailers. Our bespoke timepieces are created with the factory versions in mind, maintaining the same quality with competitive prices. We only source from authorised dealers and the most trusted suppliers in the industry, with thorough expert inspections.
24.2. These Customer Service General Terms and Conditions shall replace all prior aversions and constitute the only and complete agreement concerning the provision of Service by Luxe.
24.3. These Customer Service General Terms and Conditions are between Luxe and the Customer. Save as expressly set out in these Customer Service General Terms and Conditions, no other person shall have any rights to enforce any of its terms thereunder.
24.4. No failure or delay by a party to exercise any right or remedy provided under these Customer Service General Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. The rights and remedies provided under these Customer Service General Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
24.5. If any provision or part-provision of these Customer Service General Terms and Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Customer Service General T&C’s.
