TERMS AND CONDITIONS OF SALE

1.1. These general terms and conditions of sale (“General Terms”) will govern your purchases of Maurice Lacroix products (“Products”) through the website www.mauricelacroix.com (“Website”), a domain name owned by Maurice Lacroix S.A., a branch of Medinova AG, a company incorporated under the laws of Switzerland with its registered address at Rue des Rangiers 21 2350 Saignelégier Switzerland, company registration number CHE-236.667.906, VAT number CHE-116.286.044 (“Maurice Lacroix”, “we”, “us”, “our”). In these General Terms the words “you” “your” refer to the consumer who purchases the Products through the Website.

1.2. The sale of Products under these General Terms is only available to consumers, meaning natural persons acting for purposes of personal consumption (i.e. purposes extraneous to their trade, business, craft and profession, and not for profit) who are aged over 18 or who have reached the age of majority and have full legal capacity to enter into a contract of sale in their country of residence. Consequently, by placing an order on the Website, you agree and warrant that you do not make the relevant purchase in connection with any dealings or transactions with entities or individuals directly or indirectly subject to United Nations, US, UK, Switzerland or EU sanctions or to be brought back to North Korea, Russia, Byelorussia or Syria or otherwise inconsistent with United Nations, US, UK, Switzerland or EU sanctions.

1.3. The language used to enter any contract of sale through this Website is English.

1.4. You will be asked to agree to these General Terms and to the Terms of Use of the Website (“ToU”) before placing an order for Products. We therefore advise you to read these documents carefully, and in particular these General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to these General Terms, the ToU, and our Privacy Policy, you will not be able to order any Products from the Website. A copy of the General Terms will be sent to you by us according to Section 5 below. Contracts of sale executed with you will be archived by Maurice Lacroix for the retention period required by applicable law.

1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. We will always post the most current version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes as the effective date. Any change to these General Terms will only apply to orders placed on or after the effective date.

1.6. These General Terms should be read alongside, and are in addition to our Privacy Policy which tells you how we use your personal data, and our Cookie Policy.

The vendor is DKSH Premium Brand Distribution Inc., with registered office at 31 NE 17th Street Suite 213, Miami, 33132, US, Phone no. +1 609-750-8800, e-mail sales@dkshus.com.

3.1. The Products available on the Website are usually a selection of items normally available in Maurice Lacroix Boutiques. However certain Products may be available exclusively online through the Website, and others may not be available, or legally sold, online. Also, some Products may not be shipped to your Country. If the Product you ordered is not available, the Contract between you and Seller will not be concluded with respect to said Product and such Product will not be included in the Order Acceptance email that will be sent to you.

3.2. Information on the Products (along with the corresponding Product codes) and relevant prices are available on the Website. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. Therefore, you shall rely exclusively on the description of the Products and their characteristics as mentioned on the Website.

3.3. We reserve the right, but are not obligated, to limit the sales of our Products to per person, household or per order. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same account, the same debit/credit card and/or orders that use the same billing and/or shipping address. You cannot purchase more than two (2) identical Products per order. The maximum number of items per order is seven (7).

3.4. All descriptions of Products are subject to change at anytime, without notice, at the sole discretion of us. We reserve the right to change or discontinue any Product or any of its features, as described on the Website, at any time without notice (this does not affect orders already placed at the time of the change). During the purchasing process, Seller will inform you if your order cannot be process due to the unavailability of the ordered Products.

3.5. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we and Seller shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.

3.6. Any offer for any Product or service made on this Website is void where prohibited.

4.1 Prices of Products are indicated on the Website in USD. Duties and taxes are not included in the final price at check out, your order will be shipped DDU (Delivered Duty Unpaid). As such, your order may incur duties, fees and import taxes upon delivery. This charge is determined by your local customs authority and payment of these fees is obligatory if you wish to obtain your shipment. For further information, please consult your local customs office.

4.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case Seller will, at its discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.

4.3. Prices for our Products are subject to change without notice., but such changes will not apply to Products for which you have received an Order Acceptance.

5.1. The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Seller.

5.2. Before submitting an order through the Website, you are requested to read carefully all the instructions provided during the purchase procedure (also with regard to possible delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Terms.

5.3. To purchase Products on the Website, you must follow the instructions provided by the online purchase process (i) include the selected Products (subject to the restrictions under Section 3.3. above) in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order form with your personal information (name, address, email, telephone, delivery/billing address), (iii) select the payment method, (iv) accept the General Terms; (v) accept ToU; (vi) accept Privacy Policy and (v) send the order proposal to Maurice Lacroix through the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event you create a user account, you are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occur under your account. In the event you become aware of any misappropriation or unauthorized use of your password, you will immediately inform Seller for any proper measures to be implemented. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.

5.4. Sending of the order to Maurice Lacroix through the Website constitutes a binding offer to purchase the selected Products, regulated under these General Terms, without prejudice to your withdrawal right under Section 9. By sending the order, you agree to pay the price of the ordered Products.

5.5. All orders submitted by you are subject to acceptance by Seller. Once you place your order, Seller will acknowledge it by email (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. Seller may choose not to accept your order for any legitimate reason, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:

(i) The Products are not available; or
(ii) You have ordered too many Products (see Section 3.3.) or
(iii) Seller is unable to obtain authorization for your payment; or
(iv) There is an error in the price displayed; or
(v) Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or
(vi) The delivery address provided by you is not a valid address; or
(vii) You have not fulfilled your obligations deriving from a prior contract entered into with Seller.

5.6. The Contract between Seller and you will only be formed when you receive from Seller an email notification confirming shipment of your order ("Order Acceptance"). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order form.

5.7. An order may be refused by Seller within thirty (30) days of receipt of the same. In that case, no consideration shall be due by you to Seller.

5.8. In case of unavailability of one or more of the Products, you will receive an email informing about the unavailability of the Products. In this case the order will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, you shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.

5.9. The Order Confirmation/Acceptance will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any. Seller will not file an accessible copy of every version of these General Terms, but in the Order Acceptance will contain a link to the applicable General Terms for each purchase, for your records.

5.10. Once you receive the Order Acceptance, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 9.

6.1. You must pay the price of the Products (including applicable VAT, sales taxes, other taxes and duties if applicable), the cost of any additional services you order (e.g. additional cost for personalized Products), if applicable, and the associated delivery charges, if any.

6.2. Seller accepts payments made in the currency specified for the Country of the shipping destination with the payment methods proposed to you on the Website before you confirm your order.

6.3. Seller will not debit the amount due by you until:

(i) Seller has confirmed availability of the Products;
(ii) Seller has sent you the Order Acceptance;
(iii) Seller has received authorization to debit your card from the card issuer; and
(iv) your debit/credit card data has been verified.

6.4. In some instances (as, for example, for the purchase of personalized Products) that will be notified to you before you submit the order, the transaction will be debited form your credit card only after:

(i) your credit card data has been verified; and
(ii) the Seller has received authorization to debit your card from the card issuer.

6.5. Except for what provided above, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card's validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by you. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.

6.6. If your payment cannot be processed for any reason, Seller will cancel your order and the Contract with you will end immediately, without liability to you. Seller will inform you of this in writing.

6.7. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of Seller’s processing of your credit/debit card payment.

6.8. For each order, Seller will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.

6.9. As the purchaser, you represent and warrant that you have legally obtained the funds used to make your purchase and that you are not engaged in any transaction designed to conceal the identity, source or destination of the funds with which you make your purchase.

7.1. The purchased Products will be delivered exclusively in Canada.

7.2 Delivery will be made by a courier service selected by Seller ("Courier") on working days. Products shall be delivered to the address indicated by you in the order form. Seller is not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that Seller will not deliver to PO Boxes, address of freight forwarders, or hotels.

7.3. The purchased Products will be shipped out only after Seller receives your payment in full. If Seller does not receive your payment in full, whatever the reason, Seller can delay or refuse dispatching the Products without liability to you.

7.4. Seller will take all reasonable steps to deliver the purchased Products within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event, an event beyond Seller’s reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to cancel the Contract and Seller shall, without undue delay, refund you all sums paid under the Contract.

7.5. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;
(iii) verify that the delivered Products conform to the style, model, color, size, and other characteristics of the Products, as described in the Order Confirmation/Acceptance are free from any patent defects (including but not limited to cracks, scratches, etc.), and are not incomplete;
(iv) sign the delivery note; and
(v) if requested by the Courier, show your ID.

7.6. Any damages to the packages and/or the Products, or discrepancies in the number of packages or documentation, or any lack of conformity or patent defects of the Products must be immediately mentioned in writing on the Courier’s delivery note. To the extent permitted under applicable laws, once you’ve signed the Courier’s delivery note, you may no longer make a claim with respect to the delivered packages, provided that you are entitled to subsequently make a claim in relation to the manufacturing defects of the Products as set forth in Section 10 below.

7.9. Maurice Lacroix shall send you an e-mail once the Products have been delivered. You can track the status of your shipment by clicking on the link included in the Order Acceptance.

7.10. Products purchased from the Website are delivered with the same Maurice Lacroix standard packaging as provided in Maurice Lacroix boutiques.

8.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you and/or at the Maurice Lacroix boutique as the case may be.

8.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address and/or when you (or the person designated by you) take physical possession of the Products at the Maurice Lacroix Boutique.

9.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within fourteen (14) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.

9.2. The right of withdrawal does not apply to orders for (i) personalized Products, (ii) any other Product that you were informed at the time of submitting your order could not be returned (“Non-returnable Products”).

9.3. To exercise your right of withdrawal, you shall follow the return process described in the this paragraph. You may exercise your right of withdrawal /to cancel the Contract within the period of time mentioned above:
• By sending the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,or
• By sending a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number,to the following recipient’s email sales@dkshus.com or through the Contact Us Form available on the Website.
• By electing “Return this Item” from your Account under “Order Details”; or
• By selecting “Return this Item” from the Order Acceptance e-mail.

9.4. You must return the purchased Products within fourteen (14) days from the date you notified Seller of your decision to exercise your right of withdrawal/right to cancel, in accordance with the instructions provided by Seller upon receipt of your notification. The deadline is met if you dispatch the Products before the respective period is expired.

9.5. You will be notified by email when the package arrives in Seller’s warehouse. Seller will verify if the package meets return conditions and requirements as well as conduct Product quality check. Only after the Product is deemed acceptable/compliant to Seller’s conditions and requirements, Seller will proceed with a full refund as set out below.

9.6. Seller does not take responsibility for any Product lost during the return shipping.

9.7. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories, gifts (if any) and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.

9.8. If a returned Product does not meet the conditions for its return, Seller will send back such Product to you to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date Seller informed you of the rejection of the returned Products, unless a force majeure event, an event beyond Seller’s reasonable control or any unforeseeable circumstance occurs.

9.9. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by you.

9.10. Without prejudice to your rights under Section 10, Seller does not offer exchanges for Products purchased online. If you would like to exchange a Product, you must return the Product and place a new order.

9.11. Seller shall reimburse all payments received from you, including the costs of delivery, if any, within 14 (fourteen) days of the day on which Seller has received the Products back, or until you have supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Seller using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. You will receive a Credit Note notification email once the refund has been processed.

10.1. If you find that a Product sold through the Website has manufacturing defects or is not as described), please contact immediately our Client Services through the Contact Us Form.

10.2. In case of non-conformity, you have the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that you are entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled. You lose these rights if you fail to notify Seller of the lack of conformity within reasonable time from the date on which you detected or should have detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Seller shall automatically lapse two (2) years after the delivery of the Products.

10.3. In the event you are seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section, delivery costs for returning the Product to be repaired or replaced shall be borne by Seller, as well as any costs related to the delivery to you of the repaired or replacing Product.

10.4. Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as contact with direct exposure to heat, contact with harmful external agents); normal tear and wear; non-observance of applicable care instructions, are not manufacturing defects or a lack of conformity. Likewise, presence of inclusions or variations in the look of final finishing are inherent to the Product and not manufacturing defects.

11.1. These General Terms set out Maurice Lacroix and Seller’s full extent of obligations and liabilities in respect of the sale of the Products. Nothing in these General Terms seeks to exclude or limit Maurice Lacroix and/or Seller’s liability for

• personal injury or death resulting from our negligence;
• fraud or fraudulent misrepresentation;
• breach of any obligations implied by applicable consumer protection laws; or
• any other cause of action which cannot be limited or excluded under applicable law.

11.2. Subject to the above, Seller’s and Maurice Lacroix’s aggregate liability, which shall be limited solely to direct damages, caused by a breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. Maurice Lacroix and Seller re not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms. Maurice Lacroix and Seller shall not be liable to you for any indirect damages.

11.3. Seller and Maurice Lacroix are not responsible for any delay or failure to perform any of the obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond Seller and/or Maurice Lacroix’s reasonable control, including without limitation any of the following: act of God, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist activities, national strikes, lockouts, embargo, interruption or failure in information, technology, electricity or telecommunications services, failure of third parties (such as our suppliers and subcontractors) to perform their obligations to us.

11.4. If you do not comply with the eligibility conditions set out in Section 1.2, Seller and Maurice Lacroix are not liable towards you for any damage or loss caused to you.

12.1 We guarantee the authenticity of all Products purchased on our Website.

12.2. Maurice Lacroix trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain our exclusive property or our licensors’ and are protected by applicable copyright, trademark, or other intellectual property laws around the world. We reserve all such rights.

These General Terms and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products and supersede any prior agreement, understanding or arrangement, whether oral or in writing.

14.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Canada (without reference to its conflict of law provisions).

14.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts of your place of residence.

15.1. For further information and assistance with the Website, you may contact us in one of the following manners:
• By sending us a communication to Maurice Lacroix, branch of Medinova AG, Rue des Rangiers 21, 2350 Saignelégier, Switzerland
• By sending us an email at marchesuisse@mauricelacroix.ch or
• via the Contact Us Form in the Contact Us section of our Website.

Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email or provide you with information by posting notices on our Website. Model Withdrawal/Cancellation Form

(complete and return this form only if You wish to withdraw from the Contract)

To [BRAND] [Address] [Email for returns]

I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),

Ordered on(1)/received on(1),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(1) Delete as appropriate