Watch Mark Online Store
By visiting and/or using this website, you are deemed to agree to accept (1) the terms and conditions of this online store ("Online Store Terms"); and (2) the "Terms of Use" published at https://www.watchmark-hk.com/en/ ("Website Terms"), including but not limited to the "Personal Data Privacy Policy Statement" ("Privacy Policy Statement") (collectively "the Series of Terms"). Please read the Series of Terms. If you do not accept the Series of Terms, you must immediately stop browsing/using this website. We will update the Series of Terms from time to time, so please read the Series of Terms posted on this website and https://www.watchmark-hk.com/en/ regularly.
The Series of Terms govern all sales and purchases of goods ("Goods") conducted through the online store operated on all websites owned and/or operated by Watch Mark Limited ("the Company" or "we"). The Series of Terms do not apply to sales and purchases of goods conducted through other online sales channels authorized by the Company.
In the event of any discrepancies or conflicts between the Online Store Terms and the Website Terms, the Online Store Terms shall prevail. In case of any discrepancies between the English version and the Chinese version of any terms, the English version shall prevail.
Sales and Purchase of Goods
1.1 This website only provides sales and delivery of Goods within the following regions ("Regions"):
Hong Kong Special Administrative Region of the People's Republic of China;
We have the sole discretion to accept or refuse delivery of Goods to any address we deem undeliverable.
1.2 We will only sell and deliver Goods to end-user customers. By submitting an order to us, you confirm and warrant that the Goods you order are not for resale to any third party or for any other commercial purposes. If we have reasonable grounds to suspect that the Goods you order are not for personal use, we reserve the right to refuse to accept your order and/or cancel your order.
1.3 We may limit the maximum total amount of each order and/or the number of orders you can place each day.
1.4 In the event of any disputes related to orders, our decision shall be final.
Ordering Goods
2.1 The online shopping platform provided by this website is only open to registered members of this website.
2.2 We do not guarantee that the Goods displayed on this website will be available for purchase at any time.
2.3 You declare and warrant that you are at least 18 years old and have the legal capacity to enter into a legally binding contract.
2.4 You can submit an order through the following four steps: (i) place the Goods in the "shopping cart"; (ii) fill in the electronic order form; (iii) submit the completed order form; and (iv) submit your confirmation of the order ("Confirmation Notice"). Once you submit the Confirmation Notice, you may not cancel or change the order in any form.
2.5 Your order will constitute an offer to purchase from us. We have the absolute discretion to accept or reject your order without providing any explanation or reason.
2.6 Your shopping cart can only hold a specified number of Goods at a time, and we may change this limit at any time. If you wish to purchase more Goods than the specified quantity, you must complete the entire ordering process and payment for the first batch of Goods, clear the shopping cart, and then order the next batch of Goods you wish to purchase, subject to the daily purchase limit and the maximum total amount of Goods.
2.7 The information contained on this website shall only be regarded as an invitation to offer and shall not be construed as an offer to sell any Goods by us.
2.8 If we accept your order, we will issue a written confirmation to confirm your order ("Acceptance Notice"). A legally binding sales contract between you and us will be established when we issue the Acceptance Notice. The Online Store Terms and the Website Terms, together with the order and the Acceptance Notice, will constitute the entire agreement between you and us regarding the sale of the Goods ("Contract"), and will supersede all prior related communications, intentions, representations, warranties, and agreements (if any) between you and us. In the event of any discrepancies between the terms of the order and the Acceptance Notice and the Series of Terms, the terms of the order and the Acceptance Notice shall prevail. All accepted orders cannot be canceled, changed, returned, refunded, or exchanged.
2.9 Notwithstanding any contrary provisions, if there are any legitimate reasons or any circumstances beyond our control or expectation (including but not limited to out-of-stock, lack of delivery personnel, etc.) that prevent or restrict us from completing the relevant order (whether the order has been accepted or not) or make it impossible for us to perform or process the order, we may refuse to process or perform, and cancel the order. In such cases, we will refund the amount we have received from you (excluding any fees charged and/or to be charged by banks, credit/debit card companies, or other service providers, which you must apply for a refund yourself) on a non-interest basis as the final resolution.
2.10 The quantity, description, and specifications (if any) of the Goods listed in the Acceptance Notice shall be the final agreed terms. Notwithstanding the foregoing, although we will make every effort to accurately describe the Goods, the actual characteristics of the Goods (including but not limited to color, grade, size, and material) may slightly differ from those displayed on this website and/or the Confirmation Notice and/or the Acceptance Notice, and you agree to such discrepancies (if any). To the maximum extent permitted by applicable law, we expressly exclude any representations or warranties related to the accuracy of the Goods information. We shall not be liable for any discrepancies or differences related to this.
2.11 You are responsible for ensuring that all relevant documents and information you submit are complete and accurate. If we are unable to or delayed in performing our obligations under the Contract due to incomplete, inaccurate, or misleading documents and/or information submitted by you, we shall not be liable for such failure or delay. You agree to indemnify and hold us, our officers, employees, agents, contractors, other representatives, and affiliates (including but not limited to parent companies, subsidiaries, and members) harmless from all claims, losses, damages, charges, taxes, duties, fees, and expenses arising from or incurred due to incomplete, inaccurate, or misleading documents and/or information provided by you.
Payment
3.1 Unless otherwise specified by us, the prices quoted on this website are in Hong Kong dollars, and we may adjust the prices at our absolute discretion without prior notice to you.
3.2 The purchase price of the Goods shall be the price listed in the Acceptance Notice. In any case, the total price listed in the Acceptance Notice shall be final.
3.3 The purchase price of the Goods does not include any applicable delivery fees, insurance fees, taxes, and other government levies.
3.4 We will make every effort to avoid errors in prices and product information. If there are any errors, we reserve the absolute discretion to correct, refuse, or cancel any orders or terminate the relevant Contract.
3.5 Unless otherwise specified by us, the purchase price of the Goods must be paid in Hong Kong dollars by credit card or debit card or other payment services accepted or designated by us after we issue the Acceptance Notice or during the payment process. You hereby declare and warrant that you are the lawful holder of the credit card or debit card used to pay for the Goods and/or the lawful user of the other payment services. If the credit card or debit card or other payment services are not calculated in Hong Kong dollars, the final price will be calculated by your issuing bank or card provider or other payment service provider.
3.6 Your credit card/debit card payment will be processed by independent service providers ("Payment Processors") employed by us from time to time. Your credit card/debit card information will be transmitted to the relevant financial institutions or companies through the Payment Processors.
3.7 We will email or mail the relevant receipts for the payment of the Goods to the email address, billing address, or delivery address you specify. If the specified recipient address is different from the billing address, you must pay additional delivery fees and reasonable administrative fees to us.
3.8 We shall not be liable for any loss or damage directly or indirectly caused by the following:
(a) Disclosure of personal information by you during the online payment process;
(b) Failure to provide complete and accurate information by you during the online payment process;
(c) Any reasons caused or induced by the Payment Processors or payment service providers; or
(d) Other reasons related to the specified payment method.
(a) due to the disclosure of your personal data during the online payment process;
shipment of goods
4.1 Upon full payment of the price of the relevant Order in accordance with the Rules, the Goods will be either (1) delivered free of charge to you at an address which we accept as being within the Hong Kong Delivery Area or (2) made ready for you to collect from a Designated Retailer. Before our staff deliver the goods to you or before you pick up the goods from our designated retail outlets, you must present your credit card used for payment of the price of the goods to our staff so that we can confirm your identity.
4.2 If the delivery address is a post office box, locker room, hotel, library, vacant flat or any other place we deem unacceptable in our absolute discretion, the Goods will only be ready for you to collect from our designated retail outlets.
4.3 We will not deliver the Goods to any location outside of Hong Kong.
4.4 Whilst we endeavor to deliver the Goods to you as soon as possible, we do not guarantee or warrant the date and time of delivery of the Goods, which may be affected by events or other factors beyond our reasonable control or by uncertainties (including, without limitation, stock-outs, lack of manpower or other logistical problems).
4.5 The timeframe for delivery of the Goods is not an element of the Contract but is only an estimate. We shall not be liable for any delay in the delivery of the Goods (howsoever caused and whether or not not notified to you).
4.6 Delivery of the Goods will be deemed to have been completed when the Goods are delivered to the Designated Delivery Address or when you complete a self-collection of the Goods from one of our designated retail outlets.
4.7 If the Goods do not arrive at the designated delivery address due to any cause or uncertainty beyond our control or due to your failure to provide complete or correct information, or if the Goods are not collected by you from a retail store located at one of our designated retail outlets, we may without prejudice to our other rights and remedies exercise the following rights:
(a) store the Goods at a place designated by us until the Goods are delivered and charge you all relevant delivery, insurance, storage and other costs incurred in storing and re-delivering the Goods (and we may still exercise the following right (b) if the Goods are still undelivered or you still fail to collect the Goods from a designated store thereafter); or
(b) cancel the sale and purchase under the Contract and refund to you the balance of the price paid for the Goods after deduction of all delivery charges, insurance costs, other expenses and our losses and we shall be entitled to dispose of the Goods at our sole discretion.
4.8 We may change the terms of the Delivery Service at any time without prior notice.
Transfer of Risk and Title
5.1 Title to the Goods will pass to you on receipt by us of payment in full for the Goods and other charges and payments. Risk in the Goods passes to you upon delivery of the Goods to the address specified by you or when the Goods are collected from our retail stores. Notwithstanding anything to the contrary, we shall not be liable for any damage to the Goods caused by any omission, act or event beyond our reasonable control.
Payment Processors / Payment Service Providers
All payment processors and payment service providers are independent of us and we shall not be responsible for any delivery between you and such payment processors or payment service providers. If we do not receive your payment from the issuing bank or card provider or payment processor or payment service provider, you must immediately pay us all amounts due to us in accordance with our requirements and in the manner specified.
Warranty
7.1 All Goods sold by us are covered by the brand name supplier's (not our) warranty. Please refer to the Warranty Certificate or Warranty Booklet for details of the Warranty Terms and Warranty Period. The warranty does not cover bracelets, crystals, batteries, case wear or water damage (if the item is not waterproof), nor does it cover evidence of misuse or abuse, including damage caused by maintenance by unauthorized dealers. Wear and tear of goods is not classified as a manufacturing defect. We shall not be responsible for any defects in the goods once sold and/or delivered and/or received. All defects will be covered by the brand supplier's warranty.
Information on the Website
9.1 To the extent permitted by applicable law, we do not make any warranty as to the accuracy of the information contained in this Website and shall not be liable for any errors in the information contained in this Website. We reserve the right from time to time, without prior notice or liability, to modify or repair any typographical or other errors or omissions in the Website, any sales material, quotations, price lists, acceptances of offers, invoices or other documents issued or information released by us.
Liability under the Contract
10.1 These terms and conditions set out all of our obligations and liabilities in relation to the Website and the sale of the Goods, which are provided “as is” and are not subject to any representations, warranties or conditions whether express or implied at common law, by statute or otherwise. We hereby expressly disclaim and exclude any warranty of quality, merchantability, fitness for a particular purpose and non-infringement and any additional damages, compensation or indemnity. The quality and quantity of all Goods are covered and dealt with by the Brand's warranty.
10.2 To the extent permitted by applicable law, we and all of our officers, agents, employees, contractors, other representatives and affiliates (including, without limitation, holding companies, subsidiaries and members of our group of companies) will not be liable for any of the following liabilities in connection with the Site and the sale of Goods, regardless of the cause of action, including negligence: (1) indirect, special, incidental, consequential, or special damages. (i) indirect, special, incidental, consequential or punitive loss, damage or expense; and (ii) economic loss, loss of profits or compensation for any of the following losses - revenue, customers, trade, goodwill, anticipated savings and product utility.
10.3 In respect of any claim by a third party against you or you against a third party, regardless of the basis on which the liability arises, whether for breach of contract, tort (including negligence), equity, law, indemnity, breach of customary implied conditions and warranties or general law or statute, and whether or not we were aware or ought to have been aware of the possibility of such loss, the liability applies. the exclusion of liability in these Terms and Conditions.
10.4 Our maximum liability to you or any third party, whether arising under the law of contract, tort or otherwise, or in connection with a contract, is limited to the amount paid by you under the Order which gave rise to the claim.
Exclusion of Liability
11.1 Unless otherwise stated herein and to the fullest extent permitted by law, we shall not be liable for (and exclude all liability for) any loss, damages or claims whatsoever arising out of or in connection with the sale and/or provision of the Services by us, including the following: (a) direct, special, indirect, consequential, incidental or exemplary damages; and (b) damages for economic loss, loss of profits, loss of revenue, loss of profits, loss of profits, loss of income, loss of profits, loss of profits, loss of profits, loss of profits, loss of profits, loss of income, loss of profits, loss of profits, loss of revenue, loss of business and loss of business and loss of profit. (b) economic loss, loss of profits, loss of revenue, loss of goodwill, loss of bargaining power or business opportunity, loss of anticipated savings, loss of or damage to data, whether in contract, in tort (including, without limitation, negligence), in equity, by statute, under an indemnity, on the basis of a fundamental breach or a breach of a fundamental term, or on any other basis, and whether or not the loss or damage was foreseeable and whether or not advised of the possibility of such loss or damage. whether or not the loss or damage was foreseeable and whether or not advised of the possibility of loss or damage.
11.2 Subject to paragraph 11.3, to the fullest extent permitted by law, the Company excludes and disclaims all warranties, representations and statements, whether express or implied, in relation to or in connection with this document and not expressly stated herein.
11.3 In no event shall this document exclude, bind or modify any condition, warranty, right or remedy implied or imposed by any law or rule which the law does not permit to be excluded, bound or modified. If there is any condition or warranty implied by law which cannot be excluded from this document and which we may limit, restrict or modify the remedies available to you for breach of such condition or warranty, then to the fullest extent permitted by law, our liability for breach of such condition or warranty is limited and we may exercise our discretion in selecting from the options available to it to remedy a breach of such condition or warranty.
