Hublot Terms & Conditions – USA, Telephone Orders Only

The products sold to you by telephone order are for your personal, non-commercial use only. You may only order products if you are domiciled in the continental United States, Hawaii or Alaska (and specifically excluding any territory or commonwealth such as Guam, Puerto Rico, American Samoa, the U.S. Virgin Islands or the Commonwealth of the Northern Marianas Islands) (the “United States” for purposes of these Terms and Conditions) and you are over the age of 18. Unless otherwise indicated, all prices are in U.S. Dollars. Any orders placed by telephone are not considered accepted until we have shipped the order, even if we have sent an order confirmation. We cannot confirm the price of an item until an order has been processed.

Payment for purchases by telephone can be made by debit or credit card through a secure email payment link provided by PaybyLink.  Payment may also be made through another authorized payment method concurrent with your order or by any other payment means accepted by Hublot. You agree to pay in full the price for any purchases you make, and you agree to pay all applicable sales and use taxes. 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 by telephone may be subject to additional Terms and Conditions presented to you at the time of such purchase, including our returns policy described below in section 14. Certain products (including those made from exotic skins) are not available for purchase in all states of the United States (as defined above).  Risk of loss and title to any products you purchase pass to you upon delivery of those products to the applicable carrier. 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 actually shipped. If we cancel any order after your credit card has been charged, we will promptly issue a credit to your account in the amount charged.

While we use all reasonable efforts to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content.  We reserve the right to correct any errors or inaccuracies, to change or update information or to cancel orders if any such information is inaccurate.

The trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the "trademarks") are registered and unregistered trademarks of Hublot and others and may not be used unless authorized by the trademark owner. All trademarks not owned by us, if any, are the property of their respective trademark owner. Our communications with you should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, reproduce or publish any trademark without our written permission or that of the third party trademark owner. Your misuse of any of our trademarks is strictly prohibited.

If you make a purchase by telephone, you will be asked to provide personal information to us (“personal information”). Our information collection and use policies with respect to such personal information are set forth in the Privacy Policy which is incorporated herein by reference for all purposes.

You agree to defend, indemnify and hold Hublot, its affiliates, and its and their directors, officers, employees, agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and court costs, arising in any way from (i) your breach or violation of applicable law, of these Terms and Conditions or of our Privacy Policy, or (ii) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these Terms and Conditions. Hublot will use reasonable efforts to give you notice of any such claim, liability, cost or expense and reserves the right, at its own expense, to participate assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hublot’s defense of such claim.

To the fullest extent permitted by applicable law, Hublot disclaims all express or implied warranties or representations regarding any products ordered or provided, and hereby disclaims any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise or in correspondence with Hublot or its agents.

Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

To the maximum extent permitted by applicable law, in no event, including but not limited to negligence, shall Hublot, 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 products sold to you by telephone order, lost business or lost sales, even if such protected entity has been advised of 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 you. This provision does not apply to residents of the State of New Jersey. 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 or any product ordered via the Website exceed, in the aggregate, $100.

If a dispute should arise between you and Hublot, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-866-309-8266.

If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HUBLOT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS SOLD BE TELEPHONE ORDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

AS A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Hublot agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Hublot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Hublot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Hublot must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, NY Times Building, 620 8th Avenue, 34th Floor, New York, New York 10018.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Hublot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Hublot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Hublot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hublot.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and Hublot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HUBLOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Hublot at mydata@hublot.com and providing the requested information as follows:

(1) Your Name; (2) the URL of these Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

RETURN POLICY GENERALLY

You may return products purchased by telephone order in exchange for a store credit only provided:

•    the return is made within 5 business days of receipt of the products),
•    products are in original condition, with all the accompanying accessories, documentation and packaging, and
•    the products are accompanied by the original sales receipt.

Products showing signs of wear, alteration or damage will not be accepted for return. No cash refunds will be given.

The store credit will be issued in the same amount as the original purchase and can be used towards any future purchase only in the Hublot Boutique where your phone order was placed. The store credit cannot be redeemed at any of the other Hublot Boutiques in the US or worldwide. This store credit will be issued only to the original purchaser and not to any other person.

If you choose to ship to our Boutique the merchandise you wish to return, you will be responsible for the safe delivery of the merchandise and all return shipping fees. Your package must be insured for the full purchase price of the products and must require signature confirmation upon delivery to Hublot Boutique. We are not responsible for any damages or losses incurred during shipping.

All returned products are inspected upon arrival, and store credits can take up to 72 hours to process, pending an inspection of the condition of the returned products.

SHIPPING AND COLLECTION
We do not charge our clients for shipping and handling. We normally send all products using an insured overnight service. Please allow 3-4 days for delivery once you have received confirmation your order has shipped. Unfortunately, we cannot guarantee shipping timelines.

It is very important to note that an adult (18 years or older) signature will be required in order for parcels from Hublot to be delivered. We will email you the tracking number of your parcel once it has been dispatched. Please make sure that you or another adult you trust is available to sign for the package upon delivery.

International shipping: we are unable to process Phone orders outside of the United States (as defined above) at this time.

Our clients have the option of choosing “in-store pickup” when placing an Order but must collect from the same Hublot boutique where the order was placed.

You will be informed via phone or email as soon as the products are available for pickup in the selected store. You then have 15 calendar days to collect the merchandise from the relevant store before it is cancelled and reincorporated into Hublot stock (with the price paid for the Order refunded to you).

When collecting the article in-store, you must show:
(i)the order confirmation email,
(ii)the bank card used for payment (or the payment confirmation email sent by PayPal or PaybyLink),
(iii)a valid, government-issued photo ID. The customer’s identity will then be checked, and a copy of the ID document may be made, to which the Purchaser expressly consents by choosing this shipping method. The store also reserves the right to verify the payment card used to make payment for the order. The article purchased will then be handed to the Purchaser in exchange for signature of a collection note.

You may not send a representative to pick up the merchandise on your behalf. Only the purchaser may collect an order.

When collecting the package, you must sign the shipping/pickup note for the order. This note constitutes proof of delivery by Hublot and proof of receipt by you regarding the products ordered. No challenge relating to the delivery itself can be made if the package is shown as having been delivered, as evidenced by the records held by Hublot.

Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Hublot by postal mail to the address for Hublot listed above. Hublot may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to Hublot. Notices provided to Hublot will be deemed given when actually received by Hublot. Notice provided to you will be deemed given 24 hours after sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms and Conditions remain in full force and effect.