1.

General

1.1

These Conditions of Sale apply to the supply to you of any of the products listed on this website https://www.swatch.com/en-my/ (“the Products”). Please read these Conditions of Sale carefully before ordering any Products from this website. You should understand that by ordering any of our Products via this website, you agree to be bound by these terms and conditions as set out below.

1.2

You should print a copy of these Conditions of Sale for future reference.

1.3

Please click on the button marked "I Accept" at the end of the order process if you accept these Conditions of Sale. Please understand that if you refuse to accept these Conditions of Sale, you will not be able to order any Products from this website.

1.4

This website is operated by The Swatch Group (Malaysia) Sdn Bhd, Level 21, Wisma Goldhill, 67, Jalan Raja Chulan, 50200 Kuala Lumpur. We are registered in Malaysia under company registration number 199501036410 (365612-U). The Swatch Group (Malaysia) Sdn Bhd is an affiliated company of  The Swatch Group Ltd., Biel, Switzerland.

2.

Your status

2.1

By placing an order through our site, you warrant that:

2.1.1

You are legally capable of entering into binding contracts; and

2.1.2

You are at least 18 years old.

3.

Purchase of goods, order process

3.1

Your order for a Product shall be regarded as an offer to purchase Products under these Conditions of Sale.

3.2

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

3.3

Swatch will make its best efforts to ensure Product descriptions are correct at the date of publication subject to typography and photography error, for which we are not responsible, but Product descriptions are subject to change without notice.

3.4

Orders are subject to acceptance by Swatch at its sole discretion and availability of the ordered Products.

3.5

If the Products ordered are not available, we will notify you by email and you will have the option either to wait until the item is available from stock or to cancel the order.

3.6

We will confirm acceptance to you by sending you an order confirmation by email (“the Order Confirmation”) and this will constitute a binding contract between you and us, subject to the other terms in these Conditions of Sale.

3.7

The contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

4.

Price and payment

4.1

Subject to paragraph 4.3 and 4.4., the price of any Product will be as displayed on this website from time to time, except in cases of obvious error. When you buy a Product from this website, you will have to pay the price displayed  together with delivery costs (except where delivery is expressly stated to be free or included in the price of the Product), which, if applicable, will be added to the total amount due as set out in our Delivery, Returns and Exchange policy which terms and conditions form part of the Conditions of Sale applicable to the purchase of any Products on this website.

4.2

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

4.3

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of a Product is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the correct price of a Product is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

4.4

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

4.5

Payment can be made by the credit/debit cards as detailed in the ordering process. We will display the price that you have to pay on the order confirmation. We will not charge your credit/debit card until we dispatch your order.

4.6

 All card holders are subject to validation checks and authorization by the card issuer. We may share the credit card holder's personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

4.7

Payment must be made before supply of the products. We will deduct full payment from your credit card just before we ship the products. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.

5.

Delivery

5.1

We will confirm the shipping date (including tracking number) by issuing you a shipping confirmation email.  Delivery will take place within 2 business days for W.P Kuala Lumpur & Selangor which are in Klang Valley Region (unless otherwise advised). Area outside of W.P Kuala Lumpur & Selangor which are not in Klang Valley Region will take 3-4 business days to deliver (but subject to a maximum of 10 days) after the date of order unless specifically otherwise advised.

5.2

The place of delivery is as stated in the order confirmation. We will deliver within Malaysia only. For practical reasons, we may deliver several products from the same order by instalments, which we will communicate to you with the shipping confirmation email.

5.3

If we cannot meet the estimated delivery date and the revised delivery date will exceed 30 days from the original date of order, then we will contact you to advise you of a proposed new date for delivery. If you refuse the revised delivery date and we are unable to deliver the product(s) within 30 days from the original date of your order or prior to the specifically agreed delivery date if applicable, then you may cancel the order without charge and obtain a full refund. Where the products are delivered in instalments, then, unless expressly otherwise agreed at the time of placing the order, these instalments will be delivered within 30 days of placing the order.

5.4

Please also refer to our Shipping and Returns policy which terms and conditions form part of the condition of sale applicable to the purchase of any of the products on this website.

6.

Passing of ownership and risk

6.1

Ownership of the Products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the Products. We may recover any Products supplied at any time prior to ownership passing if you are in breach of these Conditions of Sale.

6.2

Risk of the Products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the Products.

7.

Acceptance of Products, right of cancellation

7.1

You must notify us of any missing Products, or damage or defects to the Products promptly following delivery.

7.2

The right to cancel does not apply to products which are tailor-made or clearly personalized.

7.3

If you are contracting as a consumer, you may cancel the contract between you and us for any reason, not later than 7 days from the day after the day of receipt of the products, without incurring any obligation or liability to Swatch. You must notify us in writing, by email (connect@swatch.my) of your wish to return the product with the ReturnForm which is available HERE. We will arrange our authorized courier service provider (GDEX) to pick up the returned product from your end. If you cancel, you must return the products (including any accessories which were included in the price of the products) within 7 days of your cancelling the contract in their original condition and undamaged. If not all accessories that were included with the products are returned, we shall be entitled to charge you for the cost of the missing items. You must take reasonable care of the products until returned.

7.4

On cancellation of the contract between you and us, we will refund you the price paid, within a period of 14 working days of the day we receive the products back or, if earlier, the receipt by us of proof of the return of the products. Please see our Delivery and Returns Policy for details of how you can return your product.

8.

Our return policy

8.1

When you return a product to us (for example, if an item arrives damaged or with defects, or is not what you ordered), we will examine the returned product and advise you on your right to a replacement (if any) via e-mail within a reasonable period of time.

8.2

Product returned by you because of a defect or is not what you ordered will be replaced by us and any delivery charges incurred for product return/exchange will be borne by us.

8.3

You must take reasonable care of the products until returned. If a watch arrives back to us not in the same condition as when it was delivered or if it has been damaged, then we reserve the right to refuse the return. Please also refer to our Delivery and Returns policy which terms and conditions form part of the condition of sale applicable to the purchase of any of the products on this website.

9.

Warranty, repairs, replacement

9.1

We warrant to you that any watch purchased from us through our site is of merchantable quality.

9.2

In case of damage or defects to Products, Swatch will, at its own discretion, promptly repair the Product or send a replacement after the damaged or defective Product has been returned.

9.3

Warranty for watches. All watches offered for sale on this website have the benefit of the Swatch Ltd. International Warranty to be free from material or manufacturing defects for 24 months. The full warranty terms are in the International Warranty document provided with each watch.

9.4

Warranty claims can only be made with a Swatch Corporate Store. Warranty claims must be accompanied by the manufacturer’s International Warranty Certificate that verifies the date of purchase.

9.5

Any faulty Product returned to us based on the contract between you and us will be picked up by courier service arranged by us.

10.

Liability

10.1

Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.

10.2

This does not include or limit in any way our liability:

10.3

For death or personal injury caused by our negligence;

10.4

For fraud or fraudulent misrepresentation; or

10.5

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.6

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.

Miscellaneous

11.1

Transfer of rights and obligations. The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may assign, subcontract or transfer any of our obligations or rights under the contract between you and us to a competent third party, in particular to other affiliates of The Swatch Group Ltd., in whole or in part and provided that the assignment, subcontract or transfer occurs without negatively affecting the provision of the Products and your rights or remedies under this Agreement.

11.2

Severability. If any part of these terms and conditions or any provisions of these Conditions of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from the remaining terms, conditions and provisions of these Conditions of Sale which will continue to be valid to the fullest extent permitted by law.

11.3

Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11.4

Notices. All notices given by you to us must be given to The Swatch Group (Malaysia) Sdn Bhd, Level 21,Wisma Goldhill, 67, Jalan Raja Chulan, 50200 Kuala Lumpur or contact us. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

11.5

Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

11.5.1

Strikes, lock-outs or other industrial action;

11.5.2

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

11.5.3

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

11.5.4

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

11.5.5

Impossibility of the use of public or private telecommunications networks; or

11.5.6

The acts, decrees, legislation, regulations or restrictions of any government.

11.6

Our performance under any contract between you and us is deemed to be suspended for the period that the event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under the contract between you and us may be performed despite the event.

11.7

Waiver. If we fail, at any time during the term of a contract between you and us, to insist upon strict performance of any of your obligations under a contract between you and us or any of these Conditions of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract between you and us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Conditions of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11.4 above.

11.8

Entire agreement. These Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between you and us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Conditions of Sale. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions of Sale.

12.

Our right to vary these Conditions of Sale

12.1

We have the right to revise and amend these Conditions of Sale from time to time.

12.2

You will be subject to the policies and Conditions of Sale in force at the time that you order Products from us, unless any change to those policies or these Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions of Sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

13.

Law and jurisdiction

13.1

Agreements for the purchase of products through this website shall be interpreted and governed in accordance with Malaysian law. Malaysian courts shall have exclusive jurisdiction in respect of any dispute arising from contract between you and us and these conditions of sale.