CONDITIONS OF SERVICE

The following terms and conditions and any other related rules that are adopted by Cartier and made available as provided herein (collectively the “Conditions of Service”) shall apply to Cartier’s repair order tracking and online repair services (the “Services”) that you (the “Client” or “you”) may order from Cartier North America, Division of Richemont North America, a corporation organized and existing under the laws of the State of Delaware, USA, and having its corporate headquarters at 645 Fifth Avenue, 8^th Floor, New York, NY 10022 USA (“Cartier” or referred to herein as “us”, “our” or “we”) in selected Cartier boutiques, via the Cartier Customer Service Department or on our Website, identified by the domain name www.cartier.us (the “Website”).

These Conditions of Service apply exclusively to Services that are requested by the Client in a Cartier boutique or on the Website, and   that are validated and accepted by the Client online.

You may contact the Cartier Customer Service Department by telephone (telephone number indicated on the Website) to order Services. A  Cartier Ambassador will be happy to answer any questions you may have regarding the Service and will guide you through the order process. 

Cartier may modify the Conditions of Service from time to time, at its sole discretion, provided that the Conditions of Service applicable to any order are those in force at the time you place your order. In the case of an order placed through the Website, when you check the “Confirm estimate” or similar box at the order confirmation section of the Website before placing your order with Cartier, you indicate your acknowledgement and your full acceptance of these Conditions of Service. If you refuse to accept these Conditions of Service, you will not be able to order any of the Services.

Persons wishing to use the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Service by reference.

Only individuals who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of, or residents living in, the continental United States of America, Alaska, Hawaii or the District of Columbia may order the Services (please also refer to payment and shipping sections below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Service. Any orders placed in violation of this provision shall be null and void.

By placing an order through the Website, you represent and warrant that you are a bona fide end-user Client and will not use, deliver, sell or otherwise market or purchase the Services for commercial purposes or any other commercial benefit. If despite our efforts the Service is no longer available or Cartier believes, for legitimate grounds, that an order would violate these Conditions of Service, Cartier may refuse such order.

Only genuine Cartier creations are eligible for Services.

To order Services, you will be required to create your online account, or to log in if you have previously created one. In order to create your online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, confirm that you have reached the age of majority, and accept our Privacy Policy. Once you have created an online account, you may submit a request to order Services. 

You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Cartier will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.

Should any of the information you provide on the Website change, please log in to your account and update such information directly on the Website, inform the Cartier Customer Service Department (telephone number and e-mail address indicated on the Website) or notify Cartier as set out in our Privacy Policy. Moreover, in the event that Cartier reasonably suspects that a third party has breached a Client's registration, password and/or account login, Cartier shall immediately cancel and terminate such account, and notify you by e-mail or telephone.

When ordering Services on the Website, you will be required to confirm your other personal information as applicable, such as billing address and payment details. You warrant that all personal information given to Cartier is true and correct. Cartier or its third party providers may collect additional information at this time for security and anti-fraud purposes.  Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information.

You may request Services on the Website or by bringing your creation to a Cartier boutique.

If you request a Service on the Website, or if you bring your creation to a Cartier boutique and we do not need to send it to Switzerland, you will be required to provide personal information, as well as a description of the problem, and you will be required to accept these Conditions of Service by clicking on the appropriate tick box on the Website. Please carefully review these Conditions of Service prior to accepting them. Upon receipt by Cartier of your acceptance, we will send you by email a pre-registration form summarizing the information you provided in registering for the Service, as well as a Service Kit by postal mail for you to send us your creation for Service.

If you bring your creation to a Cartier boutique for Service and we need to send this creation to Switzerland, you will receive by fax or postal mail an agreement letter that you will be required to sign and return to the Cartier boutique by fax or postal mail in order to proceed with the Service. If you decline to sign this agreement letter, we will return your creation un-repaired.

After requesting the Services on the Website or returning the signed agreement letter to the Cartier boutique, you will be able to review and validate on the Website the price estimate corresponding to the Service of your Cartier creation.

This price estimate will be valid for a period of two (2) months after its date of issue by Cartier, after which it will automatically become null and void if you do not accept it within that time period.

You should carefully check all details before placing your order on the Website, including, without limitation, the particulars of each order, which will be displayed on the Website.

All Prices for the Services shown on the Website are in U.S. Dollars and do not include applicable state and local taxes.

If you do not accept the price estimate, Cartier will not perform any repair Service and you will not be charged a processing fee, and Cartier will send back the creation to the Cartier boutique or to the shipping address you provided on the Website.

If you are willing to order the Services, once you have reviewed the price estimate, you will be required to formally accept it along with these Conditions of Service and expressly confirm that you authorize Cartier to immediately proceed with the repair Service by checking the corresponding tick boxes on the Website.

When you have completely reviewed your order, please check the tick boxes confirming that you have read, and accept to be bound by, these Conditions of Service, and then click on the "Confirm estimate" button on the Website to place your order.

Notwithstanding anything to the contrary provided for herein, Cartier reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, Cartier may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if Cartier suspects that you have violated these Conditions of Service.

Your online approval of the cost estimate constitutes acceptance of the repair Service to be performed by Cartier and indicates the existence of a binding contract.

By authorizing us to proceed with the Service, you agree to pay for our performance of the repair work, within the limit of the price estimate you validated.

If, for technical reasons, Cartier determines before proceeding with the Service that the cost of the repair will exceed the price of the estimate you validated, we will send you a new estimate for your approval or rejection.

If you have registered for the Services on the Website, please follow the steps mentioned below.

First, please use the Website to inform us of your request for repair and obtain a Service Kit with the address of the Cartier Customer Service Department. You may contact the Cartier Customer Service Department to assist you with such request.

Once you have received the Service Kit, comprising a red box, an outer box and pre-printed return label (the “Service Kit”), please:

    (1) Include the Cartier creation and all its accessories in the unbranded red box, and the International Guarantee, as applicable, and all other documents in the outer box,

    (2) Seal the outer box and affix the pre-printed return label to it, and

    (3) Send back the outer box to the address of the Cartier Customer Service Department indicated on the pre-printed label.

For security reason, the Service Kit boxes will always be unbranded.

You are responsible for the shipping expenses for returning the creation to Cartier, as well as any insurance expenses. If the creation is still under warranty, we will reimburse you for the return shipping expenses.

You must keep a proof of shipment. Only creations received by the Cartier Customer Service Department will be eligible for the repair, in accordance with these Conditions of Service.  

Upon receiving your creation, Cartier will verify that the returned creation complies with these Conditions of Service. 

Once the Service has been performed by Cartier in accordance with the cost estimate that you validated, Cartier will send you an email indicating that the Cartier creation has been repaired and inviting you to either come back to the Cartier boutique to pick up your creation and pay for the Service, or to pay for the Service online and request that Cartier send the repaired creation back to the shipping address you indicated on the Website.

Please note that you can only change on the Website the shipping address to where the repaired creation will be returned before making payment, but not afterwards.

7.1. Payment by credit or debit card

If you have validated the price estimate on the Website, you may pay online by credit or debit card, as indicated on the Website. Cards issued by banks domiciled outside the Unites States of America will not be accepted.  

When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Cartier Customer Service Department your credit or debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes.  Any telephone conversation recorded by our Cartier Customer Service Department that contains your credit card information will be fully encrypted and only used to process card transactions. Please refer to our Privacy Policy for more details about how, and how long, we may use or keep your personal information.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Cartier, you will need to contact your card issuer directly to solve this problem, and Cartier will not be liable for any delay or non-delivery.

In order to process your order, we may perform a pre-authorisation of your card.  The amount of your purchase will be blocked on your card until your order is confirmed and your card will be charged the applicable amount. By submitting an order to Cartier, you expressly authorise Cartier to perform such pre-authorisation and, where Cartier deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your card number, to authenticate your identity, to validate your card, to obtain an initial card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for more details about how, and how long, we may use or keep your personal information. 

7.2. Security

Cartier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Cartier uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. 

Although we will do our best to protect your personal information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and cannot be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking. For more information about how we use and protect your information, please view our Privacy Policy.

In order to secure your transaction and prevent fraud, Cartier will perform a credit card and anti-fraud check.  By placing your order, you will be deemed to have authorised Cartier to perform such checks and, where Cartier deems necessary, to transmit or obtain information that you have provided to Cartier about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.

7.3. Service order payment confirmation

Once you have paid for the Service on the Website, you will receive a Service Order Payment Confirmation by e-mail acknowledging payment for your order.  This Service Order Payment Confirmation will contain a Service Order Number assigned by Cartier. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. 

Following payment of your order, you will receive an invoice to your billing address. You may request a copy of your invoice within twelve (12) months after payment by calling the Cartier Customer Service Department (telephone number indicated on the Website), subject to providing proper identification.

The Delivery Term is only an estimate, and is not binding on Cartier. Cartier shall not be liable for any damage resulting from any modification to the Delivery Term. Cartier will inform you as soon as possible of any modification to the Delivery Term.

In the event that Cartier needs to cancel an order due to exceptional circumstances, all payments received from you for Services shall be reimbursed to you by Cartier, without undue delay and in the original form of payment used for the initial transaction, no additional fees or penalties will be assessed against you, you shall not have any claims against Cartier, its agents, affiliates and employees, and neither party shall have any further obligation to the other.

YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CARTIER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS (COLLECTIVELY, THE “RELATED PARTIES”) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND RELATING TO THE SERVICES. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CARTIER OR THE RELATED PARTIES SHALL CREATE ANY WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARTIER OR THE RELATED PARTIES BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF CARTIER AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Cartier nor any of the Related Parties shall be liable for (1) any damages in excess of $1,000.00 or (2) any indirect, incidental, punitive, special, or consequential damages. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

While Cartier endeavours to verify the accuracy of any information it places on the Website, in advertisements or catalogues or by the Cartier Customer Service Department, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Cartier does not confirm the price of the Services until a price estimate has been issued by Cartier.

While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the Services detailed on the Website are as accurate as possible, Cartier does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.

Information and complaints. In case of any complaints, please contact our Cartier Customer Service Department at the following address: Cartier Client Relations  Center - 645 Fifth Avenue - 8th Floor - New York, NY 10022 - United States. For further information or complaints, you may also contact the Cartier Customer Service Department using the telephone number and e-mail address indicated on the Website.

Entire Agreement. The Conditions of Service, including policies incorporated herein (e.g., Privacy Policy), and as amended from time to time, constitute the entire agreement between you and Cartier regarding your purchase of the Services, and supersede any prior Conditions of Service or other agreements or understandings, written or oral, between you and Cartier regarding Services. No oral representation or agreement given by any party shall alter the interpretation of these Conditions of Service.

Severability. In the event that any provision of the Conditions of Service shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further, and the validity and enforceability of any of the other provisions of the Conditions of Service shall not be affected.

The Conditions of Service shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Service, including the validity, invalidity, breach or termination thereof or any Cartier Service purchased through the Website or Cartier Customer Service Department, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if such claims qualify. The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Without any restriction to bring proceedings before a Court, Cartier or the Client will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the creation, the Conditions of Service or any breach thereof.