Terms & Conditions
Terms and Conditions
Welcome to mancheront.com (hereinafter designated as “Website”), the public, e-commerce website for Mancheront Pty. Ltd. (hereinafter designated as “MANCHERONT,” “We,” or “Us”). The Website is provided as a service to our customers (hereinafter designated as “You”, “Your”) and Your use of this Website is governed by these terms and conditions (hereinafter designated as “Terms and Conditions”). By using this Website, You acknowledge and agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or use the Website. We reserve the rights to amend these Terms and Conditions at any time, without notice to You. Such changes are effective when they are posted to this Website and Your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.
1. Prices.
1.1 The products (hereinafter designated as “Product”, “Products” or “Product(s)”) We make available on this Website are for Your personal, non-commercial use only.
1.2 You may only order products if You are 18 years old or older.
1.3 Unless otherwise noted, all prices on the Website are in Australian Dollars (AUD).
1.4 We are under no obligation to provide the Product(s) to You at the incorrect (lower) price, even after We have sent You an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mispricing.
1.5 You agree to pay in full the prices for any purchases You make either by credit or debit card concurrent with Your online order or by other payment means acceptable to MANCHERONT.
1.6 You agree to be responsible for all other applicable taxes such as custom duties, other local taxes, import duties, or state-level taxes. These duties and taxes are not the responsibility of MANCHERONT. You who shall bear full liability for them, in terms of both declarations and payment to the appropriate authorities and / or organizations in the country of importation. MANCHERONT advises You to obtain further information regarding these aspects from the authorities in the country of importation.
2. Payment procedure
2.1 If payment is not received by Us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by Us. Certain Products that You purchase on this Website may be subject to additional terms and conditions presented to You at the time of such purchase.
2.2 We reserve the right to cancel or reduce the quantity of Your order, without notice and at our discretion, and You will only be charged for quantities shipped.
2.3 You guarantee that You are fully entitled and have the rights to use the credit card or debit card concerned to pay for the order.
2.4 For any orders worth more than 1,000 AUD, We reserve the right to cross-check the information in its possession, and to ask for a photocopy of the purchaser’s identity card and for proof of address. Through these measures any fraudulent use that may be made of your credit card or debit card may be effectively countered.
2.5 Any orders placed via the Website are not considered accepted by MANCHERONT until We have shipped the order.
2.6 We will charge Your credit card at time of order. If We cancel any orders after Your credit card has been charged, We will issue a credit to Your account in the amount charged.
2.7 Payment must be made before supply of the Product(s). We may suspend delivery of the Product(s) until full payment is received. We may terminate the contract between You and Us with immediate written notice if You fail, without good reason, to pay on time.
3. Availability
Product offerings shall remain valid for as long as they are visible on the Website and while stocks last.
If the Product(s) listed on this Website turns out to be unavailable after the order has been validated by You, You shall be informed of this by e-mail, with an indication of the anticipated replenishment times for said product, to enable You either to cancel the order or to place another. In either event, You shall be re-credited within 10 working days with the amount paid for the Product that was ordered but not delivered. The rest of the order shall be delivered as normal, You hereby agreeing that a partial order is to be fulfilled.
4. Place of delivery
Orders placed via our Website may be shipped to any location worldwide.
All orders are delivered to the delivery address provided by You on Our Website checkout page. If the information provided by You is inaccurate or inadequate, leading to a return of the Product by the carrier, the Product shall be re-dispatched at the Your expense.
5. Delivery times
The delivery time indicated on the Website corresponds to the dispatch time indicated on the Product’s datasheet, plus the processing and handling times.
5.1 We do not charge You for shipping and handling. Please allow three to five (3-5) calendar days for delivery once Your order has been dispatched.
5.2 MANCHERONT may not be held liable for any late delivery resulting exclusively from Your unavailability after the carrier’s proposed initial appointment.
5.3 If You have placed several orders separately with different delivery times, the delivery time of the orders shall be based upon the latest order. MANCHERONT reserves the right to split or combine shipments.
5.4 In the event of a delay in dispatch from Us or delivery from the carrier, You shall be notified via email as soon as reasonably possible. A new dispatch time / estimate time of arrival will be provided, and the previously informed dispatch time / estimated time of arrival will no longer be valid.
5.5 Any risk of loss or damage to the Product(s) is transferred to You or a third party designated by You takes physical possession of the Product(s) (hereinafter designated as “Transfer of Ownership”).
5.6 In all cases, in accordance with the relevant legal provisions, in the event of a late delivery, You shall be given the opportunity to rescind the contract and request for a Refund in accordance to clause 7 below.
6. Retention of ownership
MANCHERONT expressly retains ownership of the Products being delivered, until full payment of the principal amount of their price, plus any interest that may be payable. Any failure to pay may lead to MANCHERONT claiming back the Products. The above stipulations shall not prevent transfer to You, as soon as the Products are accepted, of the risks relating to loss or deterioration of the Products being, or to any damage that may be caused by them.
7. Exchanges, returns and refunds
You have fourteen (14) calendar days from the date of delivery to exercise Your right of withdrawal and ask for a refund or an exchange. You must write a withdrawal declaration to Us. To do so, You must formally inform Us by contacting us or writing an email to the following email address: hello@mancheront.com
7.1 All our Product(s) goes through extensive quality control before dispatched to You. However, You are entitled to claim for a refund if the defects / damages to the Product(s) delivered is not caused by You after the Transfer of Ownership.
7.2 To qualify for an exchange or return, You must return the received Product(s) with all the below criteria:
in its original box & packaging;
together with all supplied accessories (watch cushion, manual booklet, warranty card, microfiber cloth, extra links & screwdriver);
in its original unworn condition;
with the protective stickers on the glass, case back and bracelet of the watch;
without any trace of use, wear, marks, or damages;
together with the delivery note and / or the corresponding invoice;
within fourteen (14) calendar days from the date of delivery.
7.3 You will bear the cost of returning the Product(s).
7.4 Product(s) returned by You due to manufacture defect will be refunded in full, including the cost incurred by You in returning the item to us.
7.5 Product(s) returned / exchanged by You because of a change of mind shall be charged a 10% restocking fee.
7.6 Any Product(s) that does not arrive with their original packaging or that are returned in a condition that precludes their future sale (such as worn or damaged) will be rejected by Us and may be sent back to You at Your expense (We will contact You to have the Product(s) shipped back to you): in such an event, no refund shall be paid to You. As a business, We need to be able to resell any returned Product(s). We unfortunately cannot accept a return if the Product(s) has been worn or shows any trace of use, wear, marks, or damages whatsoever.
7.7 In view of the considerable value of the Product(s), it is recommended that the You obtain shipping insurance for the Product(s) being returned to Us, given that You shall be responsible for the safekeeping and custody until such time as they are received by MANCHERONT.
7.8 Should You refuse to pay the taxes & duties required after the dispatch of the Product(s), the Product(s) will be returned to Us by our logistics partner. A refund less shipment fee (to and from Us) will be issued to the You.
7.9 If We are unable to deliver to the country of Your choice or that there are other restrictions in place, We will contact You immediately for an alternate address or We have the right cancel and refund Your purchase in full (if an alternate shipping address is not an option).
8. Payment of refunds
Any Product(s) returned by means that does not comply with the instructions contained in the clauses above may be rejected by MANCHERONT: it may therefore not give rise to an exchange or refund, and indeed may lead to MANCHERONT making a claim for compensation if it is noted that the Product(s) has been damaged or deteriorated.
8.1 We shall defer payment until We receive and check the returned Product(s). Please allow some time for the arrival of return shipment and insepction.
8.2 If the refund is accepted by MANCHERONT due to manufacture defect; MANCHERONT shall refund all the payments received without undue delay, and in any case no more than ten (10) working days after the date when MANCHERONT accepts Your request for a refund claim.
8.3 If the refund is accepted by MANCHERONT due to change of mind, MANCHERONT shall refund the payments received, excluding 10% restocking fee and payment processing fees without undue delay, and in any case no more than ten (10) working days after the date when MANCHERONT accepts Your request for a refund claim.
8.4 MANCHERONT shall make the refund using the same method of payment as the one used by You for the original transaction.
8.5 Refunds will only be made in the same currency as the original transaction and We are not responsible for any differences in foreign exchange rates or charges imposed by your bank / card issuer.
9. Products not covered by the right of refund
In accordance with the regulations in force, the right of refund may not be exercised for tailor-made Product(s) based on Your specifications or personalization, or to Product(s) unsealed by the client that cannot then be sent back for reasons of hygiene or of health and safety.
10. Warranties
Your Mancheront watch is warranted by MANCHERONT for two (2) years from the date of delivery under the terms and conditions below;
10.1 The international MANCHERONT warranty covers material and manufacturing defects existing at the time of delivery of the purchased Mancheront watch (hereinafter designated as “defects”).
10.2 The warranty only comes into force if the warranty certificate is dated, stamped, fully and correctly completed.
10.3 During the warranty period and by presenting the valid warranty certificate, You will have the right to have any defect repaired free of charge.
10.4 If repairs are improper to restore the normal conditions of use of your Mancheront watch, MANCHERONT guarantees its replacement with a Mancheront watch of identical or similar characteristics.
10.5 The warranty for the replacement watch ends two (2) years after the date of purchase of the replaced watch.
10.6 The warranty covers the watch only, excluding of any packaging or presentation material that comes with it.
10.7 The warranty does not cover:
normal wear and tear and aging (e.g., scratched crystal; alteration of the colour and/or material of metallic or non-metallic straps and chains, such as leather, textile, rubber; peeling of the plating);
loss, theft, or any damage on any part of the watch resulting from abnormal / abusive use, lack of care, negligence, accidents (knocks, dents, crushing, broken crystal, etc.), incorrect use of the watch and non-observance of the use directions provided by MANCHERONT;
indirect or consequential damages of any kind resulting from e.g., the use, the non-functioning, the defects, or the inaccuracy of the Mancheront watch;
the Mancheront watch handled by non-authorized persons (e.g., for services or repairs) or which has been altered in its original condition beyond MANCHERONT’s control.
Any further claim against MANCHERONT e.g., for damages additional to the above-described warranty is expressly excluded, except mandatory statutory rights the purchaser may have against the manufacturer.
11. Product Information
While We attempt to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the Website. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate.
12. Colours
We try to accurately display the colours of the products You see on the Website. However, We cannot guarantee that the colours You see on Your monitor will be accurate.
13. Website Content; License
MANCHERONT and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant You ownership of any Content on the Website.
Subject to these Terms and Conditions, MANCHERONT grants You a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for Your personal, non-commercial use.
14. Trademarks
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of MANCHERONT and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
15. Prohibited Customer Activity
Unless expressly permitted in these Terms and Conditions or with MANCHERONT’s written consent, You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. MANCHERONT will have the rights to fully enforce its intellectual property rights of the law. You shall not:
15.1 engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website;
15.2 obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means;
15.3 use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
15.4 use the Website or the Website’s services or features in violation of MANCHERONT’s or any third party’s intellectual property or other proprietary or legal rights; or
15.5 use the Website or the Website’s services in violation of any applicable law. You further agree that You may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
16. User Information
If You register with this Website or make a purchase via the Website, You will be asked to provide personal information to Us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. You are responsible for keeping Your “User Information” up to date and accurate.
17. User Comments, Feedback, and Other Submissions
We welcome Your suggestions, feedback, ideas, and other submissions (“Submitted Materials”) about the Website, its Content, and our products. However, by submitting or sending Submitted Materials to Us, You:
17.1 represent and warrant that the Submitted Materials are original to You, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and;
17.2 You grant Us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that You provide to Us, and We may delete or destroy any such Submitted Materials at any time. Any Submitted Materials will be deemed not to be confidential or secret and may be used by Us in any manner consistent with these Terms and Conditions and the Website’s Privacy Policy.
18. Links to and from the Website
If You link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials, or branding. We reserve all our rights under the law to insist that any link to the Website be discontinued, and to revoke Your right to link to the Website from any other website.
You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of MANCHERONT. Links to Linked Sites do not constitute an endorsement or sponsorship by MANCHERONT of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. MANCHERONT is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.
19. Indemnification
You agree to defend, indemnify, and hold MANCHERONT, its affiliates, and its and their directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Website, Your placement or transmission of any message, content, information, software or other materials through the Website, or Your breach or violation of the law or of these Terms and Conditions. MANCHERONT reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with MANCHERONT’s defence of such claim.
20. Disclaimer of Warranties
The website, including, without limitation, all services, content, functions and material, is provided "as is," "as available", without warranty of any kind, either express or implied, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and hereby disclaim any and all such warranties, express and implied. We do not warrant that the website or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the website will meet user's requirements. No advice, results, or information, whether oral or written, obtained by You from us or though the website shall create any warranty not expressly made herein. MANCHERONT also assumes no responsibility, and shall not be liable for, any damages to, or virus that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing on the website or Your downloading of any materials, data, text, images, video, or audio from the website. If You are dissatisfied with the website, Your sole remedy is to discontinue using the website. Without limitation of the above in this section, MANCHERONT disclaims all express or implied warranties or representations regarding any products or services ordered or provided via the website, and hereby disclaims, and You hereby waive, all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the website or in correspondence with MANCHERONT or its agents. Any products and services ordered or provided via the website are provided by MANCHERONT "as is" provided that the foregoing disclaimer does not apply to the extent, if at all, of any product warranty offered by us or the applicable manufacturer of a product as contained in the package delivered to You, as specifically described on the website or as otherwise specifically set further in a license or sale agreement separately entered into in writing between You and MANCHERONT or its licensor or supplier.
21. Limitation of Liability
In no event, including but not limited to negligence, shall MANCHERONT, any of its affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the ability to use, the website or the content, materials and functions related thereto, the products or services available on the website, Your provision of information via the website, lost business or lost sales, even if such protected entity has been advised or the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the website. In no event shall the total aggregate liability of the protected entities to You for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions on Your use of the website or any product ordered via the website exceed, in the aggregate, the amount, if any, paid by You to MANCHERONT for Your use or the website or purchase or products via the website.
22. Applicable Laws
This Agreement is governed by the laws of New South Wales, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate courts of New South Wales, and You agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales.
23. Viruses, Hacking and Other Offenses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our Website or to Your downloading of any material posted on it, or on any website linked to it.
24. Termination
We may change, suspend, or discontinue this Website at any time. We may restrict, suspend, or terminate Your access to the Website and/or its services if We believe You are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.
25. Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.