Product Warranty

1. Applicable Product

1.1. The following warranty terms apply to Josef Marks Watches (ABN 55 612 637 718)
(Josef Marks) branded products and is an agreement with you, the purchaser of
products from us (each a Product).
1.2. These terms do not apply to non Josef Marks or Josef Marks Watches products even if packaged or sold with a Product.
1.3. These terms do not apply to Products not purchased through an authorised retailer.
1.4. These terms do not apply to consumable parts, for instance batteries or protective coatings that are designed to diminish overtime unless failure has occurred due to a defect in the material or consumable product.

2. Statutory Guarantees

Our goods come with guarantees that cannot be excluded under applicable consumer protections laws, depending upon the country of supply, including:
2.1. For Australian Consumers:
Under the Competition and Consumer Act 2010 Schedule Sch 2 (‘Australian
Consumer Law’) you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced (within a reasonable time) if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Repair of the goods may result in loss of data. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.
Refurbished parts may be used to repair the goods.
2.2. For New Zealand Consumers:
Under the Consumer Guarantees Act 1993 and other applicable New Zealand
consumer protection laws and regulations. Our goods come with guarantees that
cannot be excluded under the Consumer Guarantees Act. You are entitled to a
replacement or refund for a failure of substantial character and to compensation for any reasonably foreseeable loss or damage that results from such failure. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a failure of substantial
character. Repair of the goods may result in loss of data. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
2.3. For UK Consumers Under the Consumer Rights Act 2015 if a product is defective consumers may, in addition to any other rights which they may have under consumer law in the UK avail themselves of the rights contained herein.
2.4. For European Union and Ireland Consumers if a product is defective consumers may, in addition to any other rights which they may have under consumer law of their relevant country avail themselves of the European Communities (Certain Aspects of the Sale of Consumer Goods and
Associated Guarantees) Regulations 2003 (S.I. No. 11/2003).
2.5. For North American (US and Canada) Customers:
This warranty gives you specific legal rights and is in addition to, not in place of, any rights you may have under consumer or other laws of the United States or Canada applicable to you. You may also have other rights which vary from state to state or by province or Country. Other than as permitted by law, we do not exclude, limit or suspend other rights you may have, but to the extent that any consumer law may be excluded, suspended or limited these provisions take precedence.
2.6. General Statement & other consumers
Whilst we have made our best endeavours to ensure these terms comply with all
relevant jurisdictions we recommend that you consult the laws of your country, state and/or province for a complete understanding of your rights.

3. Warranty terms

Subject to any legal (statutory) rights you may be entitled to:
3.1. a claim that a Product is defective for reasons that are our, or our manufacturers responsibility is not valid unless advised in writing (with reasonable details, including evidence of purchase) to us within 14 days after the defect was first known to you, along with what action you require of us to resolve the claim.
3.2. we may decline a claim for a defective Product if you do not take reasonable steps to preserve the Product pending an inspection by us or our agent.
3.3. if a claim for defective Product is found or admitted to be without merit, we may recover from you as a debt all reasonable costs we incur investigating the claim.
3.4. Josef Marks is the person giving the Warranty to you the Purchaser, however we may procure the manufacturer to provide any repair or replacement product to you.
3.5. a defect in the Product must appear within 2 years from the date of the Purchase of the Product to be entitled to claim the warranty.
3.6. you bear the cost of claiming the warranty against defects.
3.7. if the Product is defective we will honour our warranties by taking any of the following actions (at our election):
3.7.1. delivery of a replacement Product or equivalent good (if for instance the
Product line has been discontinued) within a reasonable time;
3.7.2. prompt repair of the product;
3.7.3. payment to you for the cost of acquiring an equivalent good or having the
Product repaired; or
3.7.4. refund of the purchase price.
3.8. we are not liable for any loss or revenue, profit, goodwill or any incidental,
consequential or punitive damages as a result of any claim in connection with the
supply of the Product.

4. Warranty
Subject to clause 6, Josef Marks warrants:
4.1. that the Product will be of acceptable quality and guaranteed against defect in
materials and workmanship under Normal Use;
4.2. that the Product will substantively match the description provided;
4.3. spare parts and repair facilities will be available for a reasonable time after purchase; and
4.4. clear title to the Product.

5. Normal Use

5.1. Normal Use of the Product:
5.1.1. means ordinary consumer, non-commercial, use under normal conditions
according to the instruction manual and any other support documentation
provided by us or the manufacturer;
5.1.2. expressly does not include use around showers, steam, bathrooms, saunas, spas or any environment with a high level of humidity;
5.1.3. expressly does not include coming into contact with magnets; and
5.1.4. expressly does not include the sustaining of major, strong or substantive
impact.

6. Disclaimers and Exclusions

6.1. The Warranty expressly excludes:
6.1.1. wrist watch case, lens or back plate being tarnished or discoloured through
general wear and aging of the Product;
6.1.2. bracelets, straps or watch bands being tarnished or discoloured through
general wear and aging of the Product;
6.1.3. damage to the Product caused by accident, misuse (including use that which is not Normal Use) or lack of care in accordance with any manual or direction with the Product;
6.1.4. failure or defect to internal components of any product due to contact with
water or moisture if crown or case back is opened;
6.1.5. where the Product has had its serial number removed, defaced or changed, its casing open or been tampered with in any other way; and
6.1.6. the gradual loss of time (seconds and minutes) which can occur due to the
mechanical nature of a watch Product (and in such circumstances you should
just re-set the time to compensate for this).
6.2. This entire warranty shall be voided if the Product has been opened for inspection, service, dismantled or repaired by an unauthorised service provider (for a list of authorised service providers in your area please contact us).

7. Goods Damaged in Transit

7.1. Josef Marks is not liable under this warranty for any damaged caused to the product in transit or delivery. Please refer to our terms of sale regarding transport and delivery.

8. Territory

This warranty is only valid for the Country which the Product was first delivered to.

9. Time Bar

Subject to applicable laws, any claim for any short delivery or product defect not made
within time is barred for all purposes.

10. General

If any term is held to be illegal or unenforceable then it shall be severed, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Product purchase took place. Josef Marks or its successor in title is the warrantor under this Warranty.

11. Notice

All notices and warranty claims must be served on:
Josef Marks
support@josefmarkswatches.com
Reference: Warranty Claim