Terms of sale and use
Any sale of Product(s) via the Website will be on the basis of these Terms of Sale. We suggest you print a copy of these and retain them for your records.
Aquastar gives you the option to (“Pre-order”). Pre-ordering an Aquastar Timepiece gives you the ability to reserve and send a deposit for an Aquastar timepiece that will be available within 4 to 6 weeks from the day of the announcement of the model. Pre-orders are subject to the following terms of Sale:
- Timepieces made available to Pre-order are available in limited quantities. You acknowledge that Aquastar may not be able to fulfil your Pre-order unless explicitly confirmed by an email, and the deposit in USD is debited to your credit card or PayPal account. If you don’t receive a confirmation, please check your Spam folder.
- Pre-orders are processed in the order they are received. An order is complete and will be processed only once the final payment has been received. Orders that are immediately paid in full will be prioritized. We also reserve the right to prioritize batches for certain destinations/countries/continents by combining shipments in order to reduce the shipping fees. Please also note that some shipments are subject to delays by the local customs authorities during the pandemic.
- Please note that pre-orders are split into two order numbers and two invoice numbers. This process has no impact on the shipping priority
- Due to the nature of this type of sale, where a limited number of timepieces are created and made available only to customers who placed a pre-order, deposits for Pre-Orders are therefore final and non-refundable. The deposit amount can only be used towards other products from this website or other Synchron Sites, for products like straps, watches or accessories. For a transferred deposit of a Pre-order you will not be entitled to any additional compensation or remedies, to the extent permitted by law.
- Upon submitting the Pre-order, a percentage of the sales price, as specified on the product page or during the check-out process, (excluding VAT and shipping costs) should be paid immediately. Placing a Pre-order deposit provides you a priority access as soon as the Aquastar Timepiece becomes available.
- When the pre-ordered timepiece becomes available for shipping, Aquastar will inform you by email with instructions on how to complete the order and pay the balance due, you will then receive a secure link to use to complete the order and pay the balance due.
- The balance payment will usually be requested a few days before the watch is expected to ship.
- The Aquastar Timepiece will ship once the full payment for the pre-ordered timepiece was received.
- If the Aquastar Timepiece you have ordered is not available, Aquastar will inform you immediately by email about the cancellation of the sale. The deposit will be immediately refunded.
- By placing a Pre-order, you accept the above terms of sale. Accepting the above terms establishes a binding contract between you and Aquastar.
The Website is only intended for use by customers worldwide
By placing an order on the Website, you confirm that you are:
legally capable of entering into binding contracts;
at least 18 years old;
FORMATION OF CONTRACT
After placing an order on the Website (after selecting the Products you wish to purchase, confirming this and providing and confirming your payment details), you will receive an email from us acknowledging that your order has been received ad is being processed (“Order Confirmation”). This does not mean your order has been accepted; your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the Product has been shipped to you (“Shipping Confirmation”). The contract between you and us will only be formed when we send you the Shipping Confirmation and will only relate to those Products whose dispatch, we have confirmed in the Shipping Confirmation (“Contract”). At this stage, your payment method will be debited/charged the amount displayed to you during the checkout process and agreed upon in the (“Contract”). No products will be shipped until payment has been made in full and your details have been verified by us or a third-party payment facilitators. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such products has been confirmed in a separate Shipping Confirmation.
If you notice any errors in your order, please contact our customer service through this URL https://aquastar.ch/contact. We store the contract’s content and will send you the details of your order. You can find the terms here at all time. The details about your recent orders can be found in your account.
RETURN POLICY, YOUR RIGHT TO CANCEL AND REFUND POLICY (not applicable for pre-ordered merchandise)
In addition to your right to cancel, you can return 100% unused, unworn Products purchased through this Website within 14 days from the date of purchase by mail to the address the product was shipped to you from. Defective items can be returned by starting the return process at https://service.aquastar.watch
Certain Products are available on pre-order basis. These Products are subject to different return or exchange policies, which shall be indicated where applicable. See PRE-ORDER TERMS
Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable. Return costs of merchandiese from the consumer to Aquastar (The Merchant) must be born by the consumer, and are not refundable by the Merchant. All watches must have all sticker and seals intact to be eligible for return or exchange.
This does not affect your statutory rights.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period (“Cancellation Period”) will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can also phone us to inform us of your decision.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the Cancellation Period has expired.
You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the Products back in new unworn, unused sealed condition .
If you return a Product for any other reason, we will examine the item and notify you of your refund via email within a reasonable period. Refunds will be processed within 30 days of the day you inform us you wish to return the Product. Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable.
Products returned as a result of a defect will be refunded in full, including delivery charges for sending them to you and the cost incurred by you in returning them to us up to $25.00 per shipment.
All refunds, including Product(s) received as a gift, will be made to the original form of payment.
AVAILABILITY AND SHIPMENT
For orders being dispatched to you, we aim to deliver your order by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Shipping Confirmation. If the Product(s) are not delivered within 20 days of the Order Acknowledgement, you are entitled to cancel the Contract and be refunded for any amounts paid by you. Pre-Orders are subject to different delivery dates which will be indicated on the checkout page.
The price of any Products listed on our Website is in US Dollars. These prices are available to any customer worldwide, this does not include any local taxes. For EU customers, 20% VAT will be calculated during checkout and will be displayed to you before you continue to the payment page, then will be added to the listed price.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Shipping Confirmation.
Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel Contracts if any information on the Website is inaccurate at any time without prior notice. If a Product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
Products purchased from this Website will meet or exceed high quality standards and reasonably fit for all the purposes for which products of the kind are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).
We are only liable for losses you suffer as a result of us breaching these Terms, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance or warranty (Representation) which is not expressly set out in these Terms and any document expressly referred to in them.
Nothing in this paragraph shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Austria. Any contracts for the purchase of Products through our website and all communications between us will be in the English language.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors. We reserve the right to monitor any such usage and take appropriate action against any person who we believe to be contravening our intellectual property rights.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal (and non-commercial) reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For the avoidance of doubt all proprietary notices, in particular intellectual property notices such as copyright ©, trademark, ™ and ® must be preserved and displayed intact.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
The material displayed on our Website is provided without any guarantees as to its accuracy. To the extent allowed by law, we, other members of our group of companies and third parties connected to us exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
any liability for any direct, indirect or consequential loss or damage (including, without limitation, loss of income/revenue, business, profits/contracts, anticipated savings, data, goodwill or wasted time) incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law, including but not limited to personal injury or death as a result of negligence and/or fraud.
JURISDICTION AND APPLICABLE LAW
The Austrian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Austrian law.
If you have a complaint please get in touch with our customer service team by visiting our contact page https://aqaustar.ch/conact.
If your complaint concerns a product that you have purchased from our website and you feel that it has not been satisfactorily addressed, then you may refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr.
Aquastar, Deepstar as well as various other marks appearing on this Website are trademarks of Montres Aquastar Sarl.