PURCHASE TERMS AND CONDITIONS

INTRODUCTION

These terms and conditions shall apply in respect of your purchase of repair services from Daniel Wellington. These terms and conditions constitute an agreement between you and Daniel Wellington (Australia) Pty Limited, a company duly registered and existing under the laws of Australia with company registration no. (ACN) 626 916 934 and with its registered address at Level 6, 529 Elizabeth Street, Surry Hills, NSW 2010, Australia (hereinafter referred to as “DW” or “we”).

By virtue of your purchase of repair services, you undertake to comply with the following terms and conditions. Accordingly, we request that you carefully read through these terms and conditions prior to your purchase of repair services.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

For the avoidance of doubt, certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon DW which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to these statutory provisions.


CONFIRMATION

When we have received an order from you, we will send an electronic confirmation to your e-mail address as a confirmation of your purchase. Accordingly, it is important that you provide the correct e-mail address when you place your order. We recommend that you save the confirmation in order to facilitate any future contact with our customer service. The confirmation also constitutes receipt of your purchase.


PAYMENT BY CARD

You may pay securely with Visa, Amex or MasterCard via the Internet. Your payment is handled by Adyen with secure encryption and in accordance with stringent bank norms. Your card information will be sent directly by the bank and may not be read or acquired by anyone other than your bank. DW does not charge any extra fees for card payments, but the bank may charge an extra fee depending on the type of card and bank. In conjunction with payments by means of credit or bank cards, these terms and conditions shall apply commencing as soon as the card transaction has been approved. In the event no payment is received after you have placed your order, the order may be automatically cancelled by DW.

ORDERS

Orders placed in the name of a third party without such party’s consent will be reported. DW reserves the right to change and correct prices on all orders, including final purchases. In the event a price is incorrect, this may cause DW to cancel the purchase and refund the relevant amount in the best manner possible. This may occur at any time whatsoever.

THE REPAIR SERVICE

For you as a customer, the repair service entails the following:

• The repair service is currently limited to repair and replacement of crystal. Simple repairs such as battery replacement, replacement of watch band pins or the replacement of watch bands may be carried out in our own shops or at a retailer provided such retailer offers such service.

• You will receive a price quote for the repair when you contact our customer service. We ask that you describe the relevant product, send a picture of the relevant product via e-mail to customersupport@danielwellington.com, and provide your name, delivery address and your e-mail address in the manner requested by DW.

• In the event you wish to go forward with the repair, confirm the same by paying for the repair via a payment gateway which will be provided to you by e-mail.

• In conjunction with payment, you will be provided with a return label which is pre-addressed to our logistics centre in Sydney. Print the return label and affix it to your package before you send the product to DW.

• You are aware and acknowledge that the risk and costs associated with shipping to DW the product intended for repair and all costs relating to the repair service shall be borne by you. Such costs also include the shipping costs of the product intended for repair.

• We shall do our utmost to return the repaired product to you within fourteen (14) work days after we have received the product. We will send an e-mail to the e-mail address previously provided by you containing a confirmation with the package information demonstrating that the package has been sent from DW.

• We will not accept for repair products the authenticity of which we cannot confirm. We reserve the right to assess the authenticity upon physical receipt of the product. In the event authenticity cannot be confirmed in some respect, the product will not be repaired and we will return the product to you. You will be refunded any payment made by you, except those costs pertaining to the shipment of the product.

PERSONAL INFORMATION

When you purchase the repair service, we receive certain of your personal data in order for you to be able to make the purchase. You are entitled to request access to your data and, in the event any information is incorrect, you may have such information modified or removed. DW may also use cookies, e.g. to improve your experience of the website used for the purchase. You may read more about how we use personal data and cookies here.

DELIVERIES AND CANCELLATIONS

Deliveries within Australia are made in cooperation with UPS. You are entitled to cancel your repair service order within fourteen (14) days of placing the order, but not after completed repair. You are aware and acknowledge that the repair service may be commenced and completed during the withdrawal period. Contact DW’s customer service for information regarding the possibility to cancel. The risk relating to the transportation to DW of the product intended for repair and all costs relating to the repair service shall be borne by you.

A cancellation shall not be valid until at such time as you have received a confirmation from DW either by e-mail or telephone. If the cancellation has been validated according to the above, DW will refund any payment made by you, except for the part of the payment pertaining to the shipment. In the event a product is no longer sold or spare parts are no longer available, DW shall be entitled to cancel the repair service and refund your entire payment including the costs pertaining to the shipment.

CUSTOMER COMPLAINTS

It is important that you as a customer carefully inspect the good when you have received it. In the event your good is damaged during transport, you must report the same to the carrier as soon as possible. The aforementioned applies irrespective of whether the damage is visible or not. Where, following receipt of the good, you discover that it has been damaged, you must contact us within sixty (60) days.

Any complaints shall be made to DW’s customer service and via our contact form which you will find here. Please provide us with your order number and the reason for your complaint and we will provide further instructions.

Defective products which you intend to return to DW must be carefully handled by you as though they were free of defects. Notwithstanding the reasons for the return, it is highly important that the product is packed in such a manner that it cannot be damaged during transport. In the event a returned product is not defective, DW will return the product to you.

LIABILITY

To the extent permitted by law, DW’s liability for defects in conjunction with delivery shall be limited in accordance with the applicable delivery terms and conditions governing the relevant delivery and the provisions of these terms and conditions.

Our liability to you for any losses or damage which arises in conjunction with your order placed on the website shall, to the extent permitted by law, be limited to the total amount of your order and DW shall have no liability for indirect losses.

FORCE MAJEURE

DW shall be released from liability in damages and other sanctions as a result of circumstances beyond DW’s control. Such circumstances include, for example, state intervention, new/amended legislation, wars, fires, floods, labour stoppages, prohibitions, restrictions, sabotage, poor transport and weather conditions, the failure of suppliers to make delivery, or where DW or its cooperation partners are subject to criminal activities.

FRAUD

All attempted fraud shall be reported to the police. DW reserves the right to cancel a purchase in the event of any suspicion of a crime.

APPLICABLE LAW AND JURISDICTION

These terms and conditions and your use of the repair service shall be governed by the laws of New South Wales, Australia.

VALIDITY OF CLAUSES

In the event one or more of these terms and conditions is deemed invalid or is adjudged void by a court of law or supervisory authority, the remaining terms and conditions shall continue to be valid.

RIGHTS HOLDER

Intellectual property rights such as the trademark and copyright on www.danielwellington.com which are the property of DW may not be used for commercial purposes without DW’s consent therefor. All use of www.danielwellington.com or its content, including copying or storage of such content in whole or in part other than for personal, non-commercial use shall be prohibited without DW’s consent therefor.

The website, www.danielwellington.com is the exclusive property of DW. All material appearing on the website is reserved to DW.

AMENDMENTS

DW may revise these terms and conditions from time to time. Each time your purchase a repair service from us, the contract between you and DW shall be subject to the terms and conditions applicable from time to time.

COMPANY INFORMATION

Daniel Wellington (Australia) Pty Limited Postal address: Level 6, 529 Elizabeth Street Surry Hills, NSW 2010 AUSTRALIA

Contact information: Daniel Wellington’s customer service

E-mail: customersupport@danielwellington.com

Telephone no.: (+61) 1800 951 321