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General Conditions of Sale



THESE TERMS OF SALE ARE AN AGREEMENT ("AGREEMENT") BETWEEN YOU AND MAUBOUSSIN TO PURCHASE THE ITEMS THAT YOU ORDER FROM OUR WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.

These Terms of Sale apply to products ordered from the website of MAUBOUSSIN USA Inc. ("Mauboussin," "we," or "us"). These Terms of Sale do not apply to products purchased in retail stores or boutiques.

Customer Service

Our Customer Service personnel can be reached toll free via telephone at 1-800-1827, Monday through Saturday, 10 am to 6 pm Eastern Time for questions regarding orders.

Orders And Acceptance

By submitting an order, you represent and warrant that all personal information you have entered for the order is valid. Orders may only be placed by persons who are located in the United States of America, 18 years or older, who have the legal capacity to contract. Products are for individual consumer use only and may not be bought for re-sale or other commercial purposes.

If you decide to cancel or change an order that you have submitted, we will try to accommodate your request, however we cannot guarantee that your order will be changed or cancelled in all cases and will not be liable for failure to do so. Please note that orders that have been processed for shipment or that have shipped cannot be cancelled or changed. By placing an order you are making an offer to purchase the indicated Mauboussin products in accordance with these Terms of Sale. All orders are expressly conditioned upon acceptance by us, and we may refuse or cancel orders for any reason at any time, including breach of these terms. If your credit card has already been charged for a purchase and your order is not accepted, we will issue an appropriate credit to your credit card account.

Upon receiving your order, we send you the following order confirmations:
(a) We will send an order acknowledgement confirming the details of your order. You should notify us immediately if discrepancies are noted in the order acknowledgement.
(b) We will send an order payment confirmation when your payment has been received and processed.
(c) We will send an order shipment notification when your order has been shipped.

Please note that the order acknowledgment and order payment confirmation are not an acceptance by us of your order - your order will not be deemed accepted until you receive a shipping notification. The shipping notification constitutes an acceptance of your order and formation of a binding, executed sales contract.

Special Orders

Certain items listed on our website are listed as "Special Orders" that are customized for you and take longer to ship. SPECIAL ORDERS ARE NOT CANCELLABLE ONCE SUBMITTED, AND SPECIAL ORDER MERCHANDISE MAY NOT BE RETURNED UNLESS IT IS DEFECTIVE. When a Special Order is received and payment is made via credit card, the purchase amount will be charged to your card at the time of order and you will receive a corresponding order payment confirmation. You will receive a shipping confirmation at the time your order is shipped. Please note that in the event you dispute a Special Order via chargeback (including any time prior to the time of shipment), we reserve the right to pursue you for payment of your order and/or to report delinquent payment to credit bureaus.

Lack of Availability

All orders are subject to availability and we reserve the right to limit the quantity of items that may be purchased from time to time. If an item you have ordered is not in stock it will be placed on backorder and shipped when the item is available on a first come, first served basis. We will notify you if any merchandise in your order goes on backorder. You may cancel a backorder at any time prior to receipt of payment confirmation by contacting Customer Service as set forth below. We reserve the right to cancel backorders at any time by giving notice to you.

Limited Warranty

Watches: We warrant to the original consumer purchaser that our watches are free of manufacturing defects in materials or workmanship for 2 years from the date of delivery of the product.

All Other Products: We warrant to the original consumer purchaser that our products (excluding watches) are free of manufacturing defects in materials or workmanship for 30 days from the date of delivery of the product.

This warranty is valid only if the product has been assembled and maintained per the instructions. This warranty does not cover abuse, accident, water damage, cosmetic issues such as natural variations, and damages, fading or scratches from normal wear, or any other cause not arising from defects in material and workmanship.

THE ABOVE LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY MAUBOUSSIN. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF THE ABOVE LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE ABOVE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Product Descriptions

We attempt to be as accurate as possible in describing and depicting our products so that website content is representative of the color, design and style of the physical products. However, slight variations may occur due to photo resizing or processing, computer monitor display settings, variations in stones or metals and for technical and other reasons. We shall not be liable for variations or discrepancies in product descriptions, photos or other content of our website, and SUCH ISSUES ARE NOT CONSIDERED DEFECTS UNDER OUR LIMITED WARRANTY. We do not warrant that the content of our website is complete or error-free.

Pricing

All prices on our website are listed in U.S. Dollars. Prices do not include shipping and taxes which shall be charged on all orders as applicable and will be indicated at the time of your order.

In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Payment

All payments must be made by VISA, MasterCard, DISCOVER, American Express or wire transfer. No other payment methods are currently accepted. We reserve the right to require large or atypical orders, including any order over $6,000, to be paid via wire transfer. Wire transfers may take up to 5 days to be processed. All credit cards must be issued by a U.S. bank. Your credit card will be charged at the time your order is placed. Your rights as a cardholder are governed by your card issuer agreement and not this Agreement. All card transactions are subject to validation checks and authorization by the card issuer. You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived.

If we do not receive payment from your credit card issuer or its agent, including as a result of a chargeback, you agree upon our demand to pay all amounts due. Please note that in the event you dispute an order via chargeback, we reserve the right at our option, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus. You are responsible for paying any sales, use, value-added or other taxes imposed on your purchases. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.

Shipment and Delivery

Orders may only be shipped to addresses in the 50 United States and the District of Columbia. We do not ship to PO boxes, APO/FPO addresses and hotels.

Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via FedEx. If available, you may choose an expedited delivery service at an additional cost to you at the time of ordering. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We will not be responsible for delays by the carrier.

All products shipped by us are insured during transit. We require an adult to sign and accept all shipments at which time risk of loss and title to ordered items will pass to you. You understand that evidence of signature by an adult at the delivery point shall be fulfillment of the sales contract even if the person signing is not you.

Returns and Refunds

Warranty Returns: Products that do not meet our Limited Warranty may be returned for repair, replacement or refund within the applicable warranty period. Refunds will be made in the same form of payment originally used for purchase, or at your option in the form of a credit that may be used for future purchases on our website.

Non-Warranty Returns: Products that are not defective may only be returned as follows:
Special Orders: Special orders cannot be returned for exchange or refund.
Engraved and Customized Products: Products that have been engraved, embossed, monogrammed or otherwise altered or customized for you cannot be returned for exchange or refund.
Other Orders: You may return non-defective products within 7 days of the date of delivery of the product for a refund. Refunds will be made in the same form of payment originally used for purchase, or at your option in the form of a credit that may be used for future purchases on our website.

All returned items must be in new and unused condition, in perfect and saleable condition, with all tags and stickers attached and all protective materials in place, and include all shipped parts, manuals, accessories, and documents. Items are not eligible for return if they show any signs of wear or have been used or altered from their original condition in any way. We will pay the cost of return shipping if your return is the result of our error or a warranty return. In all other cases, return postage will be paid by you and may deducted from any refund you are owed.

To return an item, you must contact Customer Service during the applicable return period and request a Return Authorization (RA) number. An RA will not be issued if the applicable return period has expired or if the requested return information is not supplied. No returns will be accepted without a Return Authorization number. You must securely package the product (together with the Return Authorization materials), affix the designated delivery label and arrange for return shipment to Mauboussin within 30 days of issuance of the RA number. You will have liability for loss and damage to products in transit, and we highly recommend that you insure all returns at your cost. You must retain proof of return shipment and delivery of returned products. Only merchandise received by Mauboussin will be eligible for repair, replacement or refund. Received product will be subject to strict quality control standards and will be examined regarding condition, completeness and compliance with the return policy. Items returned in an unsatisfactory condition or otherwise not meeting these criteria will be refused and returned to the customer. We will use reasonable efforts to credit refunds within 14 days after receipt of returned products. Returns not made in compliance with any part of this return policy will not be eligible for repair, replacement or refund.

Notices

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE RELATED PRODUCT HEREUNDER.

Indemnification

You agree to indemnify, defend and hold Mauboussin harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Sale or from other liabilities arising out of your use of our website or of your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

Other Terms and Severability

Your use of our website and its content is subject to our Terms of Use and information provided by you in connection with your order is governed by our Privacy Policy. In the event of a conflict between our Terms of Use or Privacy Policy and these Terms of Sale, these Terms of Sale will control. We reserve the right to make changes to our site, policies, Terms of Use, Privacy Policy and these terms at any time. If any part, term or provision of these terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.

Choice of Law

These terms shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Mauboussin irrevocably consent to the exclusive jurisdiction of the courts located in the state and county of New York in connection with any action arising out of or related to these terms of use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

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