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Terms and Conditions of Sale

September 2015



The website at the URL ice-watch.com ("the eSTORE") is owned by ICE SA s.a., a company registered in Belgium under the Belgian Business Register number: 0445.215.746; VAT BE 0445.215.746, which registered office is located at Place McAuliffe 34, 6600 Bastogne, Belgium, info@ice-watch.com ("ICE"). Products that you purchase through the eSTORE will be sold to you by Supplies Distributors SA, a company registered in Belgium under the Belgian Business Register number BE 0475.286.142 with registered offices at rue Louis Blériot 5, 4460 Grâce-Hollogne, Belgium (hereafter "SDSA")



ICE and SDSA strongly believe in protecting user privacy.



Purchasing of any products supplied by the eSTORE ("Products") requires that you accept ICE’s Privacy Policy. Please go to ICE's Privacy Policy for information on how ICE collects and uses personal information from users of the eSTORE.



Your purchase(s) of any Product(s) through the eSTORE from SDSA will be governed by the following terms and conditions of sale (the “T&C of Sale”), the Cookies and Privacy policies and the Terms of use of the websiteice-watch.com. Please read these terms and conditions carefully before ordering any Products from the eSTORE. You should understand that before ordering any Product, you will, in any event, have to actively abide and agree to be bound by these terms and conditions.



The offers on the eSTORE address consumers exclusively.



1. About the T&C of Sale



These T&C of Sale are applicable to all orders and purchases made in the eSTORE regarding products made available on this one (the "Products").



With regard to the purchase in the eSTORE, SDSA will communicate electronically by sending emails. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.



These T&C of Sale may change from time to time. Any changes to the T&C of Sale will apply to orders placed on or after the effective date stated in these T&C of Sale or elsewhere on the eSTORE. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.



BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE T&C OF SALE. FOR EACH PURCHASE OF PRODUCTS ON eSTORE, YOU WILL BE REQUESTED TO CONFIRM YOUR ACCEPTANCE OF THE CURRENT TERMS AND CONDITIONS OF SALE APPLICABLE AT THE DATE OF YOUR ORDER. THE SAID TERMS AND CONDITIONS MAY BE VIEWED PRIOR TO AND AT THE MOMENT WHEN YOU ARE PROMPTED TO CONFIRM THAT YOU ACCEPT THEM. TO INDICATE YOUR ACCEPTANCE, YOU WILL NEED TO CHECK THE BOX “I HAVE READ, UNDERSTAND AND ACCEPT THE GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE eSTORE WEBSITE, AS WELL AS THE COOKIES AND PRIVACY POLICY.”

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 14 (LIABILITY).

IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE T&C OF SALE YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS OFFERED ON THE eSTORE.



2. Your personal account



If you create an account (personal user identification and password) on the eSTORE you (i) are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and (ii) agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.



You will inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any change(s) to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the “Your account” area of the website.



Once you have created an account you will be able to:



  • Modify your personal data;
  • monitor your deliveries and view your order history;
  • return Products;
  • add or edit your delivery and billing addresses for future orders;
  • manage your subscription to the newsletter.


You must not use the eSTORE: (i) in any way that may interrupt, damage or impair the eSTORE, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety, or (iv) knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful ; attempting to gain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website ; attacking our site via a denial-of-service attack or a distributed denial-of service attack.



ICE and/or SDSA reserves the right to refuse service, terminate account(s) or remove or edit content/information/data if you are in breach of applicable law(s), these T&C of Sale or any other applicable terms and conditions or policies.



3. Ordering procedure and Contract Formation



To be able to buy Products on the eSTORE you have to:



  • Complete the order process including acceptance of the T&C of Sale, the Terms of use, as well as the Cookies and Privacy Policies;
  • provide your name and address, phone number, email address, payment details and other required information or login through your customer account;
  • provide a valid delivery address in one of the following countries: Germany, France, Monaco, the Netherlands, Belgium, United Kingdom (Note that SDSA is unable to deliver to certain addresses, including but not limited to, P.O. Box/CEDEX addresses, overseas army addresses, some hotels, hostels or prisons, the Channel Islands, the Isles of Man, Scilly & Wight and British forces post boxes; and
  • be above eighteen (18) years old and legally capable of entering into binding contracts
  • be the owner or authorized holder of a valid debit/credit card to buy the Products if paying with a debit/credit card.


You may place an order by clicking on the "ADD TO CART" button and proceeding to the order confirmation process.



You are encouraged to carefully review your order(s) by clicking on “Your cart” in the menu on the top right hand side where photograph(s) of the Product(s), colour and reference number(s), the quantity selected and delivery price(s) as well as the currency, payment method and the subtotal for the selection will be displayed. Read and accept the Terms of Sale, the information you have provided and correct any input errors before confirming your order(s).



While every effort is made to ensure that the colour and design of the Products in the photographs displayed on the eSTORE match those of the original Products, variations may occur, in particular due to colour display constraints on your computer equipment. Consequently ICE nor SDSA can be held liable for any error or insubstantial inaccuracy in the photographs or graphic representations of the Products included on the eSTORE. In the event of queries regarding the Products, you may contact our Customer Care Centre.



Orders by phone are also available.



You agree that your order is an offer to buy the Product(s) listed in you order under the T&C of Sales. Every order of a Product is considered a separate purchase. All orders are then subject to acceptance by SDSA who reserves the right not to accept any order for legitimate reason (including but not limited to orders which are suspicious of fraud).



4. Order Processing and Contract Formation



Once you have submitted and confirmed the information contained in your order(s) using the eSTORE, SDSA will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation email") of the order(s) and setting out details of the ordered Product(s) the total amount of the order, details of the shipping cost and delivery time, as well as the (delivery) price. This email does not constitute an acceptance of you order(s), only a confirmation that SDSA has received it.



The receipt email will also contain the applicable T&C of Sale that you are encouraged to save and/or print a copy of together with the Order Receipt Confirmation email for your records.



SDSA may choose not to accept any order in SDSA's sole discretion including without limitation in the case of abnormal orders, any order placed by a customer with whom it has a dispute concerning a prior order and orders which SDSA suspects are not placed in good faith.



A contract for the sale of Products between you and SDSA will formed when SDSA emails you that the Product(s) has/have been dispatched ("Shipment Confirmation email").



ICE reserves the right to change the Products offered on the eSTORE at any time and without any prior notice.



The contract for the sale of Products will relate only to those Products whose dispatch SDSA has confirmed in the Shipment Confirmation email.



You have the option to withdraw your order at any stage before you have received your Shipment Confirmation email by contacting SDSA’s Customer Care Centre.



If you would like to cancel your order after you have received your Shipment Confirmation email, please see the Returns and Refunds section below.



You agree that the data recorded by the eSTORE constitute proof of all transactions made between SDSA and its customers. In the event of a dispute between SDSA and one of its customers about a transaction made on the Site, the data recorded by ICE and/or SDSA will be considered as irrefutable proof of the content of the transaction.



5. Prices, Shipping, Handling and Charges



The price charged for a Product will be the price (including VAT or other taxes, in the currency applicable in the country you selected) in effect at the time your order is placed and will be set out in the Order Receipt Confirmation email and in your Shipment Confirmation email. All orders are payable in the applicable currency and must be paid for immediately at the time of ordering.



ICE reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice.



In the event of a pricing error, whether on the eSTORE or in an Order Confirmation email or otherwise, you accept that SDSA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your order confirmation SDSA will contact you with the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order. If a Product's correct price is lower than our stated price, SDSA will charge the lower amount and send you the Product(s).



You acknowledge that even after SDSA has sent you a Shipment Confirmation email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then SDSA is under no obligation to provide a Product to you at an incorrect (lower) price and may cancel your order.



Prices for the Products do not include charges for shipping and handling and their related VAT or other taxes will be shown in your Order Receipt Confirmation email and can be viewed on the acknowledgement page prior to the confirmation of your order as well as in your Order Receipt Confirmation email. Shipping charges are based on the delivery location and method you select during the check-out process.



Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation email (save in the case of a manifest pricing error as described above).



6. Payment



Payment shall be made by one of the methods you have selected during the order confirmation process. Approved credit and debit card types will be listed during the ordering process. In the event SDSA does not receive the authorization for the payment of your order in full, SDSA reserves the right to refuse your order.

The value of your purchase(s) will be settled from the applicable card depending upon the payment method you used.



You assume the risks (in particular regarding loss, theft or damage) relating to the delivered Products from the moment they are delivered to the address specified in your order.



7. Delivery



The delivery may only occur in the countries and to the available addresses as defined under article 3 “Ordering procedure” of the T&C of Sale.



When your order is accepted, you should normally allow three-five (3-5) business days for standard delivery and 1-2 business days for express delivery for in stock items as from the Order Receipt Confirmation email, provided that your payment is received before 3 PM (GMT+1). They are not guaranteed delivery times and should not be relied upon as such. Delivery shall, after acceptance of you order, in any event take place within thirty (30) days after the Order Receipt Confirmation email should the payment intervene. Any failure to deliver, late delivery, unavailability or delay in availability of your Products must be reported to our Customer Care Centre as soon as possible. No claims notified to us more than thirty (30) calendar days from the date of the Order Receipt Confirmation email will be taken into account.



SDSA reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.



Each delivery will be preceded by your invoice sent by email.



If SDSA cannot deliver your order within the period specified in your Order Receipt Confirmation email then SDSA will contact you and you may choose to cancel your order and, should you choose this option, SDSA will provide you with a full refund.



If you unreasonably defer delivery or delay the receipt of delivery after SDSA has notified you that they have tried to deliver the ordered Product(s), or if you have provided SDSA with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to SDSA.



You must check for any lack of conformity in the Products at the time of delivery and, if any anomalies are found (e.g., open package, damaged goods, etc.), you must handwrite any reservations, if possible on the delivery note sign it and report it immediately to the Customer Care Centre either via email or by phone for assistance. The same applies should the Product(s) you have received do not correspond to the one(s) you have ordered, or if your delivery is incomplete.



8. Events outside the control of SDSA



SDSA shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:



  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • strikes or lock-outs (or other industrial action);
  • national or local states of emergency,
  • failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • the acts, decrees, legislation, regulations or restrictions of any government
  • extreme meteorological conditions (heavy snow, hurricane, etc.).


SDSA's performance is deemed to be suspended for the period that the above continues.



9. Product Availability



You will be prevented from ordering Product(s) which is/are not in stock.



Should the Product(s) not be in stock, the contract between you and SDSA will not be concluded with respect to said Product and such Product will not be included in the Shipment Confirmation email. You will then be presented with the choice to order an alternative Product from the Site.



10. Compatibility, Product Information



Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use among other regarding the water resistance. Please use the eSTORE as your final point of reference when checking compatibility. In the event of a difference between the eSTORE content and any other website (or any other source of information) the compatibility of Products as shown on the eSTORE at the time of purchase will be seen as taking precedence.



If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay SDSA Customer Care Centre either via email or by phone for assistance.



11. Title to Products



SDSA retains full legal title and ownership to Products until SDSA has received all amounts due on the ordered Products in full. Title and risk to Products passes from SDSA to you upon delivery.



12. Return and Refund



You are entitled to a full refund (including VAT and delivery charges) if you cancel your purchase without giving any reason within fourteen (14) days starting on the day of delivery of the Product. The refund will only intervene for the Product(s) which are returned. Your legal rights in respect of defective goods are unaffected after this period of fourteen (14) days.



You must return the Product(s) you have purchased from the eSTORE to SDSA within 14 (fourteen) days starting on the day after you cancel the order.



To cancel your order you must notify SDSA Customer Care Centre either via email or by telephone. All orders must be returned in accordance with the return procedure which is explained in the return form you must use.



SDSA will use the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.



You will have to bear the direct costs of returning the Product(s). You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).



If you do not return the Products together with the invoice, SDSA reserves the right to refuse a refund. If you return any Products in a used or damaged condition, SDSA reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.



Once SDSA has received and validated your returned Products, SDSA will send you an email to confirm the validation. Your refund will then be processed by SDSA and confirmed to you by email. Your refund may be withhold until fourteen (14) after receipt by SDSA of the returned Products or evidence that you have sent the Products back to SDSA, whichever is the earliest. Please note that your bank may take longer to process the refund.



If you have purchased a bundled set and wish to return it for a refund, the complete set must be returned. If the Products were purchased using a special offer which contained several Products (e.g. “buy three watches, but only pay for the two most expensive watches”), all Products ordered using the special offer must be returned in order to qualify for a full refund.



13. Guarantee



THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS. IT IS OFFERED AS AN ADDITIONAL BENEFIT TO YOUR RIGHTS UNDER LAW. YOU ALSO HAVE OTHER RIGHTS UNDER LAW WHICH MAY VARY FROM COUNTRY TO COUNTRY.



Nothing in the T&C of Sale will replace or lessen any of your statutory rights or remedies as a consumer.



SDSA will deliver a Product to you that is consistent with the sales contract and free from any defects upon delivery of said Product, in that the Product will be fit for the use normally expected of a similar product and will present the characteristics outlined at the time of sale during two (2) years from the original date of delivery of the Product(s).



This means you can request a repair or a replacement (depending among others on the possibility to repair the Product) free of charge if the Product(s) turn(s) out to be faulty. SDSA will ask ICE to repair or replace your Product with a Product of identical or similar characteristics, except as set out below. SDSA may replace your Product under this guarantee whether or not a repair of your original Product is possible. If SDSA chooses instead to repair your Product it may do so with new or refurbished components.



If the Product(s) cannot be replaced within a reasonable time or without inconvenience, you may request a refund or price reduction. Refunds, if authorised, will usually be made using the same method originally used by you to pay for your purchase.



Please retain your order confirmation/invoice or pass it on to the gift recipient as the original proof of purchase is the warranty.



This guarantee does not cover normal wear and tear or damages caused by accidents, mishandling, improper use (knocks, dents, crushing etc.). Repairs (or attempted repairs) to Products other than by ICE will void this guarantee whether or not damage has been caused by such repair or attempted repair.



If your Product is repaired or replaced by SDSA under this guarantee, the new item will benefit from the remainder of the term of this guarantee (calculated from the date of the original purchase of the Product). The period of this guarantee shall not be extended whether or not your Product is repaired or replaced.



14. Liability



ICE warrants to you that any Product purchased from through the eSTORE is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.



SDSA will not be responsible for ensuring that the Products are suitable for your purposes.



Neither SDSA or ICE are responsible for (i) losses that were not caused by any breach on their part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses which happen as a side effect of your main loss or damage that were not foreseeable to both you and SDSA or ICE when the contract for the sale of products by us to you was formed, including but not limited to loss of anticipated savings (iv) any claim by any third party except as expressly provided herein.



These T&C of Sale set out the full extent of the obligations and liabilities of SDSA and ICE in respect of the sale of the Products via the eSTORE. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on SDSA or ICE other than those set out in these T&C of Sale.



TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ICE AND SDSA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCT(S) FROM THE eSTORE.



This does not include or limit in any way the liability of ICE or SDSA for any matter for which it would be illegal for ICE or SDSA to exclude, or attempt to exclude, liability.



15. Severability



If any provision of these T&C of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&C of Sale and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.



16. Contact details



SDSA Customer Care Centre will assist you with any eSTORE order related question(s) or complaint(s). You can contact SDSA either via email or by phone from Monday to Friday between 9am and 6pm (between 8am and 5pm for UK and Ireland), except Belgian public bank holidays (listed below) or in writing to Suppliers Distributors SA, rue Louis Blériot 5, 4460 Grâce-Hollogne, Belgium.



SDSA Customer Care Centre is closed on the following bank holidays:



  • 25 December
  • 1 January
  • Easter Monday
  • 1 May
  • Ascension Day
  • Whit Monday
  • 21 July
  • 15 August
  • 1 November
  • 11 November


17. Transfer of rights and obligations



These T&C of Sale are binding on you and SDSA/ICE and on any person SDSA/ICE might transfer its rights to.



You may not transfer, assign, charge or otherwise dispose of a contract with SDSA/ICE, or any of your rights or obligations arising under it, without our prior written consent.



SDSA and ICE may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of SDSA/ICE's rights or obligations arising under it, at any time during its term.



18. Waiver



If SDSA fails, at any time to insist upon strict performance of any of your obligations under these T&C of Sale, or if SDSA fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.



19. Use of the eSTORE



You must not use the eSTORE: (i) in any way that causes, or is likely to cause, any Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.



You will be able to post evaluations as long as the content is not illegal, obscene, racist, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. ICE reserves the right to remove or edit such content.



If you post content or submit material, and unless we indicate otherwise, you grant: (a) ICE a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) ICE, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.



You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ICE including the execution of deeds and documents, at our request.



20. Entire agreement



These T&C of Sale and conditions and any document expressly referred to in them represent the entire agreement between SDSA and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.



You acknowledge that, in entering into a contract with SDSA you have not relied on any representation, undertaking or promise given by SDSA or ICE or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these T&C of Sale.



21. Governing law and Jurisdiction



These T&C of Sale and your purchase of Products from SDSA through the eSTORE shall be governed by and construed in accordance with the laws of Belgium before the Belgian Courts.



However, in accordance with Regulation EC 593/2008 of 17 June 2008, these T&C of Sale shall not preclude compliance on the part of SDSA and/or ICE with a provision that is more favourable to the customer, and which shall apply in full by agreement, under the law where the customer has his/her habitual residence.



Notwithstanding the above, in the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000 you may file a claim either before the courts where you are domiciled, or before the Belgian courts and SDSA may file a claim before the courts where you are domiciled.
Alternatively, you can contact the European Commission’s online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

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