T&Cs

These Terms and Conditions of Use (Terms) apply to the purchase of goods from the Josef Marks Watches (ABN 55 612 637 718) (‘we’, ‘us’, ‘our’) website located at www.josefmarkswatches.com, and all associated websites and sub-domains (collectively, the Site). By placing an order via our Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

1. Our contract

When you place an order via our Site, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that your goods have been processed. Only those goods listed in the confirmation e-mail sent at the time will be included in the contract formed.

2. Pricing and availability

2.1 Prices are inclusive of GST and are displayed in US Dollars ($) on the Site unless otherwise indicated.
2.2 Prices are subject to change, effective immediately upon posting to the Site or by any other form of notification.
2.3 Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will correct the error as soon as it comes to our attention. If we have processed a payment from you and subsequently determine a pricing error before we dispatch your order we reserve the right to cancel and refund your purchase.
2.4 Delivery costs of goods will be charged in addition to the cost of the good/s, such additional charges are clearly displayed where applicable and included in the total cost.

3. Payment

3.1 We use a third party payment processors, including but not limited to Shopify Payments, AfterPay, PayPal, Apple Pay and Google Pay, (Payment Processor) as a gateway provider to process payments and host administer our online ordering system.
3.2 By placing an order with us you acknowledge you will be deemed to accept the terms and conditions of the Payment Processor which can be accessed here via their respective website.
3.3 Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
3.4 Your payment card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods and/or services have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
3.5 You confirm that the payment card, or payment method (for instance PayPal account) that is being used to purchase from us is yours.

4. Delivery

4.1 Non delivery of goods must be reported to us as soon as reasonably practicable.
4.2 If we quote or propose a timeframe for delivery of good/s that proposal is an estimate only and cannot be relied upon for any purpose.
4.3 A claim that goods supplied by us are not of the kind or quantity contracted for is not valid unless advised to us in writing (with reasonable details) within 14 days after the item was first delivered to you.
4.4 Risk of loss of any goods will no longer apply to us once goods are shipped.

5. Refund policy

5.1 We do not offer refund for change of mind.
5.2 We refer you to paragraph 9.1 for our warranty terms on product defect or fault.

6. Your warranties

6.1 You warrant to us that any information, document, specification you provide to us or use of our goods shall not infringe any third party intellectual property right, shall not infringe any moral right, is accurate and is not defamatory or otherwise unlawful or contrary to community standards and you agree to indemnify and keep indemnified us from any breach of this warranty.
6.2 We shall have the right to refuse or cease, at our sole unfettered discretion, from providing our goods if we believe they may be contrary to the warranty in clause 5.1.
6.3 When using our goods and products, you warrant that you will use /s safely by following the manufacturer’s instructions. Check that the goods are suitable for the intended use. If you are uncertain, please consult an expert to assist with their use.

7. Limitation of Liability

7.1 You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
a. interruption of business;
b. access delays or access interruptions to the Site;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website;
e. any inaccuracies or omissions in the Site or content; or
f. events beyond our reasonable control.
7.2 We have no liability to the extent that a failure of delivery of goods is attributable to any act or omission on your part.
7.3 Subject to the foregoing, no attempt is made to exclude or limit liability arising under the Australian Consumer Law or the Consumer Law of your country, state and/or province to the extent that there is a statutory restriction on such exclusion or limitation.
7.4 In all other respects, our total liability for loss or damage of every kind arising pursuant to these Terms or arising in any other way out of or in relation to the supply of goods, their sale, delivery or the way they behave, and whether in tort of contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
7.5 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods and/or services supplied pursuant to these Terms.

8. Indemnity

8.1 You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, to the extent we are not at fault.

9. Warranty disclaimer

9.1 The purchase of all goods are subject to our warranty terms and conditions, which may be accessed here [x]. To the extent of any inconsistency between these terms and our warranty terms, the warranty terms shall prevail.
9.2 The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
9.3 Any promotional materials (other than official technical specifications) we publish only give a general idea of the goods on offer and cannot be relied on for any purpose.
9.4 We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
9.4.1 we do not warrant that information contained on the Site or in the content, including any product or service descriptions, colours, or features are, complete, reliable, current, or error-free;
9.4.2 we take no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the content; and
9.4.3 the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
9.5 We do not promise that any part of the Site or content is error-free or that the Site, the content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

10. No Commercial Use

10.1 The Site (and any goods purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods purchased on or via the Site), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

11. Breach and Termination

11.1 If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.

12. Force Majeure

12.1 We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility

13. Intellectual property

13.1 The specifications and design of the goods and services (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

14. Privacy Policy and marketing materials

14.1 The purchase of goods via this Site is subject to our Privacy Policy, which may be accessed here [x].
14.2 You expressly consent to receiving electronic communications from us regarding your purchase of goods and any information we deem necessary to communicate to you now and in the future regarding the goods.

15. Waiver

15.1 Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
15.2 Without limiting the foregoing, any failure to enforce any of our rights under these Terms does not constitute a waiver of those rights.

16. Severability

16.1 Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.

17. Entire agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

18. Governing law

These Terms are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

19. Complaints

If you wish to complain about any matter in respect of the goods please contact Customer Service by emailing us here: support@josefmarkswatches.com