Hublot Terms & Conditions - USA
Welcome to www.boutique.hublot.com (the “Website”) owned and operated by Hublot S.A., a limited company inscribed in the Company Register of the Canton of Vaud, Switzerland, with registration number CH-550-0106820-1 and with its registered office at Chemin de la Vaurpillière 33, 1260 Nyon, Switzerland, with all sales and logistics of products and services on the website managed by Hublot of America Inc., a company duly registered under the laws of Florida, USA, whose registered office is at 100 N Biscayne Blvd, Suite 1900, Miami, FL 33132 (either individually or collectively, “Hublot,” “we,” or “us”). We can also be contacted by email at firstname.lastname@example.org. The Website is hosted by Amazon web hosting services on servers located in Ireland (although please note that the website hosting service and location of the servers may change in future).
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THE WEBSITE. BY ACCESSING OR USING THE WEBSITE OR ANY CONTENT OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, HUBLOT IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSIBLE THROUGH THE WEBSITE AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR ANY SUCH CONTENT OR SERVICES.
We may change or modify all or any part of these Terms and Conditions at any time, without advance 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. Hublot also reserves the right, at any time, to modify the Website or any content or services, with or without notice to you, by making those modifications available on the Website.
The products we make available on this Website 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 on the Website are in U.S. Dollars. Any orders placed via the Website 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. Hublot provides different options to pay for your purchase, as described subject to the terms below.
a) You agree to pay in full the price for any purchases you make either by credit, debit card, or other authorized payment method concurrent with your online order or by other payment means acceptable to Hublot.
b) You have the option to pay for products using certain cryptocurrencies via a third-party service provided by BitPay, Inc. (“BitPay”). The maximum spend for your purchase of products using cryptocurrency is capped at USD 30,000 per transaction. For any payments and refunds in cryptocurrency through BitPay you will incur, and are responsible for, certain fees and costs and bear the risks associated with any fluctuations in the chosen cryptocurrency’s exchange rate to U.S. Dollars. In order to use the cryptocurrency payment option, you will be required to provide certain additional information to us and to BitPay, including valid a government issued identification document (e.g., passport or driver’s license).
Cryptocurrencies are a form of non-government issued digital asset. They are inherently volatile and speculative, and their value may fluctuate significantly. Purchasing and returning products and services with cryptocurrencies may expose the purchaser to fluctuations in the cryptocurrency separate and apart from fluctuations in the product or service value itself. Regulations and laws covering cryptocurrencies are uncertain and still evolving. There is substantial uncertainty as to the characterization and treatment of cryptocurrencies under applicable law, including applicable securities, commodities and derivatives laws. New regulations and laws may come into effect that may have an impact of the value of cryptocurrencies and the use of the cryptocurrency payment option. The market for cryptocurrencies is developing and government and financial regulators as well as third parties, such as BitPay, may impose restrictions and/or limitations on the use of certain cryptocurrencies that could impact your ability to use the cryptocurrency payment option.
You will provide current, complete, and accurate purchase and account information for all purchases of our products to us. You will promptly update your account and other information, including but not limited to your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, BitPay account, bank account, or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.
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 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.
We use all reasonable efforts to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.
Hublot 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. All content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness and applicability of all content and for your use of any content.
Subject to these Terms and Conditions, Hublot grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.
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 Hublot 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, copy, reproduce or publish 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.
Unless expressly permitted in these Terms and Conditions or with Hublot’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. The Website and the databases, software, hardware and other technology used by Hublot to operate the Website, and the structure, organization and underlying data, information and software code thereof, constitute valuable trade secrets of Hublot. Hublot will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not:
(i) 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;
(ii) 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;
(iii) 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;
(iv) use the Website or the Website’s services or features in violation of Hublot’s or any third party’s intellectual property or other proprietary or legal rights;
(v) use the Website or the Website’s services in violation of any applicable law;
(vi) 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;
(vii) obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website or
(viii) misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful or 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.
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: (i) 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 (ii) 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.
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 of 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”) that are not affiliated with us. You acknowledge and agree that we are not responsible for examining or evaluating the content or its accuracy and 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 Hublot. Links to linked sites do not constitute an endorsement or sponsorship by Hublot of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party. Hublot is not responsible for any content that originates from any linked site and that is embedded or otherwise transmitted through the Website.
The Website, including, without limitation, all services, content, functions and materials, is provided "as is," "as available”, without warranty of any kind, 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 we 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 your requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. Hublot also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in 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 foregoing and to the fullest extent permitted by applicable law, Hublot disclaims all express or implied warranties or representations regarding any products ordered or provided via the Website, and hereby disclaims any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Website 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 use of, or the inability 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 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 protected entities be liable for or in connection with any content 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 or your use of the Website or any product ordered via the Website exceed, in the aggregate, $100.
We may provide you with access to third-party tools, content, or services (collectively “Third-Party Tools”) over which we neither monitor nor have any control nor input, such as BitPay. WE PROVIDE ACCESS TO SUCH THIRD-PARTY TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THIRD-PARTY TOOLS. ANY USE BY YOU OF THIRD PARTY TOOLS OFFERED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
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 [•] or by sending an email to [•].
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 WEBSITE 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 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 email@example.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 by using the Website.
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
We want you to be completely happy with your order. Subject to certain exceptions set forth below, if for any reason you are not satisfied, we will gladly accept your return if returned following the procedures set forth below within 14 days of delivery of the original merchandise. Refunds will be made to your original payment method.
All products must be returned with the original receipt, in a new and unused state, in perfect condition, with all original shipping and product packaging, protective materials, and tags in place. Hublot will not accept any return if the product shows signs of wear, or if it has been used or altered from its original condition in any way, or if the 14-day return period has passed. Personalized, monogrammed, specially ordered and/or customized products are considered final sale, and as such cannot be returned or exchanged. Refunds will only be granted on merchandise that meets the conditions for return set forth above.
Online purchases cannot be returned in any of our Hublot boutiques. They can only be returned using the return procedures outlined below. Purchases made in any Hublot boutique should be returned to the boutique (based on our in-store return policy) and should not be returned via the procedures described below.
We may in our sole discretion issue refunds either directly in USD or using BitPay to those who use BitPay for purchases in cryptocurrency. If we are issuing a refund using BitPay, we will issue the refund based upon the same USD price as the USD retail price applied at the time of your purchase of the product. BitPay will convert the USD amount in which the product was priced to the applicable cryptocurrency amount at the conversion rate applicable at the time of the refund. Please note that you will incur certain fees in connection with refunds issued using BitPay and the application of the conversion rate of USD to applicable cryptocurrency at the time of refund may result in a lower cryptocurrency refund amount than what was paid by you at the time of purchase.
Hublot reserves the right to reject any return not meeting the conditions set forth above.
RETURN PROCEDURES – WATCHES ONLY
To return any watch purchased from Hublot via the website, you must contact Hublot by calling (800) 273-9317 or by sending an email to firstname.lastname@example.org requesting a return. Hublot’s customer service team will contact you and make a preliminary assessment of the return to confirm if all return conditions appear to be met (i.e., unused product in its original condition).
If the preliminary assessment is positive, Hublot will contact the carrier to arrange collection. The carrier will then be in direct contact with you.
We can only accept returns of watches organized in this manner and arranged by Hublot with the carrier for insurance purposes. You may not make arrangements to return watches yourself.
You will be informed by email when the watch has been received by Hublot. Following receipt and once Hublot has confirmed that all of the returns conditions specified above have been met, Hublot will refund the full price to your original purchase method. Authorized refunds are expected to occur not later than thirty (30) days after receipt by Hublot of the returned watch.
If for some reason the watch does not meet all of the return conditions, the watch will be returned to you.
RETURN PROCEDURES – STRAPS ONLY
To return any strap purchased from Hublot via the website, you must contact Hublot by calling (800) 273-9317 or sending an email to email@example.com
You will then be asked to complete the return form and return the product using the free (postage pre-paid) Return Label provided in the original packaging.
You will be informed by email when the returned product is received by Hublot. Following receipt and once Hublot has confirmed that all of the returns conditions specified above have been met, Hublot will refund the full price to your original purchase method. Authorized refunds are expected to occur not later than thirty (30) days after receipt by Hublot of the returned strap.
If for some reason the strap does not meet all of the return conditions, the strap will be returned to you.
SHIPPING AND COLLECTION
We do not charge our clients for shipping and handling. We normally send all merchandise 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 online 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 and may select a store from the list provided.
You will be informed via phone or email as soon as the merchandise is 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),
(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 client 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.
Hublot respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Website without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail or email at:
Attention: Hublot Copyright Agent
33. Ch. De la Vuarpillière
Please provide the following information to the Hublot Copyright Agent and any other information that may be required by the Digital Millennium Copyright Act: (1) the identity of the allegedly infringing work and its location on the Website; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature. Hublot will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Website.
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 on the Website. 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, provided that in the case of any notice applicable both to you and other Users of the Website, Hublot may instead provide such notice by posting on the Website. Notices provided to Hublot will be deemed given when actually received by Hublot. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
Although the Website may be accessed from countries other than the United States this Website is only for use by residents of the United States (as defined above) and products are not available for sale or shipment outside of the United States (as defined above) from this Website.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 12, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) in Sections 11 and 12, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 12, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 10, the requirement that you indemnify Hublot (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 13, the disputes provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
You benefit from the statutory guaranty of conformity and against hidden defect of the Product applicable under Swiss law. As a consumer, you also benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms and Conditions shall be read to affect your rights as a consumer to rely on such mandatory provisions of local law.
Warranty Extension Conditions: An additional year of warranty (at the conditions of the Limited International Guarantee of the Instruction Manual available at Hublot.com) is granted to any Hublot watch (except the connected watches) upon its registration to Hublotista – Hublot owners club, provided that such watch is still covered by the standard 2-year warranty at the date of its registration to Hublotista. Therefore, upon their registration to Hublotista, Hublot watches meeting the eligible criteria described above will be covered by Hublot warranty for a period of 3 years from the activation of the warranty. Please note that such extension of the warranty period cannot be combined with any other warranty extensions.
In addition to these legal warranties, please note that the Product you purchased is also covered by a commercial warranty (Hublot International Warranty) under the conditions set out in the warranty documents and/or link included in the original packaging of the Product. After sale services for the Products are also available and can be delivered by Hublot SA and its network of authorized repairers. After sale services provided for a Product outside of Hublot International Warranty are subject to a quote and performed only after approval of that quote by the consumer.
The Hublot Complete Service is one-time, free, full service offered by Hublot for select watches purchased online (the “Service”). The UNICO, EL PRIMERO and MECA 10 model watches are currently eligible for participation in the Service but Hublot reserves the right, in its sole discretion, to change the watch models that are eligible for the Service, or to terminate the offering of the Service at any time. Please note purchases of any watch in a Hublot boutique are not eligible for this complimentary offering.
The Service is automatically activated with the warranty activation for an eligible watch.
The Service has an estimated value of up to USD 1,055 - but has no actual cash value and cannot be redeemed, returned or exchanged. The Service is valid for a single use at any time during a period of 7 years from the date of warranty activation as shown on Hublot’s records (the “Activation Date”) but can only be used following expiration of the original watch warranty period as applicable to the purchaser. For example, Hublotista members can use the Service once between the 3rd anniversary of the Activation Date and the 7th anniversary of the Activation Date. For non-Hublotista members, the Service can be used once between the 2nd anniversary of the Activation Date and the 7th anniversary of the Activation Date.
To redeem the Service, take your watch into an authorized and eligible Hublot boutique. The Service will require you to leave your watch with the boutique for a period of time. The Service is only good for a single service; once the Service has been redeemed, it will no longer be available for any future use.
The Service does not cover repairs or service to any watch model arising from the following:
- Damage resulting from any servicing not performed by a Hublot authorized service center.
- Damage to case or movement due to improper handling of the watch or more generally damage resulting from improper use of the watch in excess of normal wear and tear; and
- Service on, or change of, watch bracelets.
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 endeavor 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.
Hublot Specific Website Terms & Conditions applicable to the Supply of the Hublot | Murakami Special Package (USA)
PLEASE NOTE THAT THESE TERMS APPLY IN ADDITION TO OUR STANDARD TERMS AND CONDITIONS (SEE BELOW).
This page (together with the documents we refer to on it) tells you the specific additional legal terms and conditions (“Terms”) on which we sell on the website https://boutique.hublot.com/us_en/ (our “Site” or “Website”) the limited edition of twelve (12) special Hublot Classic Fusion Takashi Murakami Black Ceramic unique watch pieces (the “12 Hublot | Murakami Unique Pieces”, each “Hublot | Murakami Unique Piece”), each being of a unique color and being provided with a corresponding Hublot | Murakami non-fungible token on the Ethereum blockchain (indistinctly, the “12 Hublot | Murakami NFTs”, each “Hublot | Murakami NFT”).
The 12 Hublot | Murakami Unique Pieces we offer for sale on our Website are the following:
- the Hublot | Murakami Unique Piece – Pink Sapphires;
- the Hublot | Murakami Unique Piece – Light Pink Sapphires;
- the Hublot | Murakami Unique Piece – Pink Sapphires & Amethysts;
- the Hublot | Murakami Unique Piece – Amethysts;
- the Hublot | Murakami Unique Piece – Blue Sapphires;
- the Hublot | Murakami Unique Piece – Light Blue Sapphires;
- the Hublot | Murakami Unique Piece – Blue Topazes;
- the Hublot | Murakami Unique Piece – Tsavorites;
- the Hublot | Murakami Unique Piece – Yellow Sapphires;
- the Hublot | Murakami Unique Piece – Yellow & Orange Sapphires;
- the Hublot | Murakami Unique Piece – Orange Sapphires; and
- the Hublot | Murakami Unique Piece – Rubies.
The 12 Hublot | Murakami NFTs are each respectively associated with one artwork inspired from its corresponding Hublot | Murakami Unique Piece (each, an “Artwork”).
The Hublot | Murakami Unique Pieces along with the Hublot | Murakami NFTs and associated Artwork are referred to as the “Hublot | Murakami Special Package”, the Hublot | Murakami Unique Pieces and the Hublot | Murakami NFTs being considered as proposed to you as a sole and unique experience and product.
On 29 March 2023, at 8:00 am (Eastern Standard Time - EST), Hublot will launch on its Website the sale of the 12 Hublot | Murakami Unique Pieces, each being associated with its corresponding Hublot | Murakami NFT.
The Artwork associated with the Hublot | Murakami NFT you will receive as part of the Hublot | Murakami Special Package will be the Artwork inspired from the Hublot | Murakami Unique Piece you have purchased.
These Terms are organized in the two following parts:
- Important information on the sale of the Hublot | Murakami Special Package
- License to the Hublot | Murakami NFTs and associated Artwork
These Terms, together with the standard terms and conditions (see below), constitute a contract between us for the sale of the Hublot | Murakami Special Package to you. Please read these Terms, as well as our standard terms and conditions (see below), carefully and make sure that you understand them before ordering the Hublot | Murakami Special Package from our Site. In the event these Terms are in contradiction with our standard terms and conditions (see below), these Terms shall apply. By ordering the Hublot | Murakami Special Package, you acknowledge being 18 years old or older and you agree to be bound by our standard terms and conditions, these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
Hublot reserves the right to restrict the quantities of any item delivered to the same client and/or to the same postal address. Subject to these Terms, the Terms and Conditions of the Hublot | Murakami NFTs, any other applicable terms and availability, Hublot | Murakami Special Packages are limited to one per client only.
We may amend these Terms from time to time. When you order a Hublot | Murakami Special Package from our Site, please check the Terms to ensure you understand the terms which will apply at that time.
All Hublot | Murakami Special Packages shown on our Website are subject to availability.
THE HUBLOT | MURAKAMI SPECIAL PACKAGES CONSIST IN A LIMITED EDITION OF 12 HUBLOT | MURAKAMI UNIQUE PIECES, EACH BEING ASSOCIATED WITH ITS CORRESPONDING HUBLOT | MURAKAMI NFT. INVENTORY IS THUS LIMITED TO 12 HUBLOT | MURAKAMI SPECIAL PACKAGES WHICH ARE ONLY AVAILABLE WHILE SUPPLIES LAST.
Any orders placed via the Website (the “Order”) are not considered accepted until we have shipped the Order, even if we have sent an order confirmation. By placing an Order, you accept these Terms and our standard terms and conditions (see below) and that Hublot is entitled to collect the full price corresponding to the Order.
To be eligible to participate in this online sale of the 12 Hublot | Murakami Special Packages, you should be in possession, at the time of the Order, of one of the three hundred and twenty-four (324) official Hublot Classic Fusion Murakami All Black or Sapphire Rainbow NFTs created by Hublot in May 2022 (i.e., be an “Eligible All Black or Sapphire Rainbow NFT Holder”). The official collection of such 324 Hublot Classic Fusion Murakami All Back and Sapphire Rainbow NFTs is available on OpenSea at https://opensea.io/collection/hublot-classic-fusion-murakami-nft.
During the Order process, you will be asked to provide your wallet number and to connect with such wallet - which should host your Hublot Classic Fusion Murakami All Back or Sapphire Rainbow NFT - by using MetaMask via Wallet Connect (your wallet should be compatible with Ethereum and you will be asked to connect with your wallet and to sign a message to confirm that you are the owner of your wallet). We will verify that you hold one Hublot Classic Fusion Murakami All Back or Sapphire Rainbow NFT in your wallet. If not, you will not be able to submit an Order.
You should in any case own and have access to the Ethereum wallet address indicated during your Order and such Ethereum wallet should be able to support and accept the Hublot | Murakami NFTs.
Any person submitting an Order acknowledges, represents and warrants that he/she is a lawful Eligible All Black or Sapphire Rainbow NFT Holder.
If we are unable to supply you with the Hublot | Murakami Special Package (for example because the Hublot | Murakami Unique Piece is not in stock, no longer available or because of an error on our Website), we will inform you by e-mail or via a message displayed on our Website during the Order process and we will not process your Order. If you have already paid for the Hublot | Murakami Special Package, we will refund you the full amount as soon as possible and in any event, within 30 days of our e-mail notification to you.
Hublot reserves the right to decline, suspend or cancel the processing of an Order and/or delivery of Hublot | Murakami Special Package regardless of its nature or stage of processing in case of (i) non-payment of any or all of the amount owed by you for the Order concerned or any previous order, (ii) a payment incident, fraud or attempted fraud relating to the use of our Website in relation to the Order concerned or any other previous order, (iii) breach of these Terms, our standard terms and conditions (see below), the Terms and Conditions of the Hublot | Murakami NFTs and/or any additional terms presented to you on our Website at the time of purchase of Hublot | Murakami Special Package (such as, but not limited to, the fact that Hublot | Murakami Special Packages are limited to one per person only) or where (iv) permitted and/or required by applicable laws or regulations.
In such cases, you agree that Hublot can use the personal data provided by you in the process of the Order to conduct the required verifications, including appropriate anti-fraud investigations. In such cases, the data relating to your Order may also be transferred to any third party authorized by law or appointed by Hublot with the sole purpose of checking your identity and validating the Order, the payment method used and the type of delivery. After the above verification, Hublot reserves the right to request a photocopy of your ID.
You can only pay for the Hublot | Murakami Special Package by wire transfer. You will receive an email with all details for the transfer. PLEASE NOTE THAT YOU SHALL PROCEED TO THE WIRE TRANSFER WITH YOUR BANK WITHIN TWENTY-FOUR (24 HOURS) AS FROM THE MOMENT WE SEND YOU THE EMAIL WITH ALL DETAILS FOR THE TRANSFER. IF YOU DO NOT PROVIDE US WITH A WRITTEN PROOF THAT YOU HAVE INITIATED THE WIRE TRANSFER WITH YOUR BANK WITHIN THAT DEADLINE, WE WILL AUTOMATICALLY CANCEL YOUR ORDER. Please note that Hublot reserves the right to check your identity and to require a copy of your ID with the sole purpose of checking your identity to complete appropriate anti-fraud investigations. You agree to pay in full the prices for the Hublot | Murakami Special Package. Payment for the Hublot | Murakami Special Package is in advance.
The Hublot | Murakami Special Package is delivered through two channels: (i) the Hublot | Murakami Unique Pieces will be shipped as per our standard terms and conditions below and (ii) the Hublot | Murakami NFTs will be transferred to you as per the process set out in Section B.1 below.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and the standard terms and conditions that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and the standard terms and conditions:
- we will contact you as soon as reasonably possible to notify you (unless it proves to be impossible or would involve disproportionate effort); and
- our obligations under these Terms and the standard terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Hublot | Murakami Special Package to you, we will arrange a new delivery date with you if and once the Event Outside Our Control is over.
Notwithstanding anything contrary included in these Terms, the standard terms and conditions below or in our standard Return Policy, the following rules will apply for any return of the Hublot | Murakami Special Package:
7.1. Considering the digital component of the Hublot | Murakami Special Package, the right to return the Hublot | Murakami Special Package is subject to certain conditions detailed below.
7.2. If for any reason you are not satisfied with the Hublot | Murakami Unique Piece, we will gladly accept your return of the Hublot | Murakami Unique Piece within 14 days of receipt of the Hublot | Murakami Unique Piece at Hublot expense. To return the Hublot | Murakami Unique Piece, please follow our return process described below.
7.3. The decision to return the Hublot | Murakami Unique Piece as notified by you to Hublot is a decision to return the Hublot | Murakami Special Package (the Hublot | Murakami Unique Piece and the Hublot | Murakami NFT being considered as proposed to you as a sole and unique experience and product) and such decision will therefore automatically trigger the cancellation of the transfer of the Hublot | Murakami NFT and we shall be entitled to dispose of or deal with the Hublot | Murakami NFT as we see fit.
7.4. The Hublot | Murakami Unique Piece must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and Hublot | Murakami Unique Piece packaging, protective materials, and tags in place. Hublot | Murakami Unique Piece bracelets that have been adjusted at your request must have been done so by us or a Hublot Authorized Retailer.
7.5. Hublot will not accept any return if the product shows signs of wear, or if it has been used or altered from its original condition in any way, or if the 14-day return period has passed. Refunds will only be granted on merchandise that meets the conditions for return set forth above. Hublot | Murakami Unique Pieces cannot be returned in any of our Hublot boutiques. They can only be returned using the return procedures outlined below. Hublot reserves the right to reject any return not meeting the conditions set forth above.
7.6. RETURN PROCEDURES
To return the Hublot | Murakami Unique Piece purchased from Hublot via the Website, you must contact Hublot by calling (800) 273-9317 or by sending an email to firstname.lastname@example.org requesting a return. Hublot’s customer service team will contact you and make a preliminary assessment of the return to confirm if all return conditions appear to be met (i.e., unused product in its original condition).
If the preliminary assessment is positive, Hublot will contact the carrier to arrange collection. The carrier will then be in direct contact with you. We can only accept returns of Hublot | Murakami Unique Pieces organized in this manner and arranged by Hublot with the carrier for insurance purposes. You may not make arrangements to return Hublot | Murakami Unique Pieces yourself.
You will be informed by email when the Hublot | Murakami Unique Piece has been received by Hublot. Following receipt and once Hublot has confirmed that all of the returns conditions specified above have been met, Hublot will refund the full price to your original purchase method. Authorized refunds are expected to occur not later than thirty (30) days after receipt by Hublot of the returned Hublot | Murakami Unique Piece. Hublot shall pay for the cost of returning the Hublot | Murakami Unique Piece.
If for some reason the Hublot | Murakami Unique Piece does not meet all of the return conditions, the Hublot | Murakami Unique Piece will be returned to you.
7.7. The Hublot | Murakami NFT will be transferred to you if we received no contact from you to return the Hublot | Murakami Unique Piece within 14 days from its receipt as per the process set out in this Section A.7. PLEASE THEREFORE NOTE THAT THE HUBLOT | MURAKAMI NFT WILL BE TRANSFERRED TO YOU NO SOONER THAN 14 DAYS AFTER YOUR RECEIPT OF THE HUBLOT | MURAKAMI UNIQUE PIECE.
7.8. In the event you would receive by accident or otherwise the Hublot | Murakami NFT before the expiration of the 14-day period from receipt of the Hublot | Murakami Unique Piece, you undertake to return the Hublot | Murakami NFT to us at the same time that you return the Hublot | Murakami Unique Piece to us in the event you have notified us of your decision to return the Hublot | Murakami Unique Piece pursuant to the conditions set forth in this Section A.7. Same applies in the event of any lawful return of the Hublot | Murakami Unique Piece to us for any other reason whatsoever. The Hublot | Murakami NFT should be returned to Hublot at the wallet address explicitly provided by Hublot to you by email after we receive your notification of your decision to return the Hublot | Murakami Unique Piece.
7.9. Except for the specific case set forth in Section 7.8. above, once you have been transferred with the Hublot | Murakami NFT, we will not accept any return of the Hublot | Murakami NFT due to the digital nature of its content and its provision after expiration of your right to return the Hublot | Murakami Special Package (in accordance with Section B.1 below).
7.10. Accordingly, you expressly agree that by submitting your Order and not returning the Hublot | Murakami Unique Piece, you waive your right to return the Hublot | Murakami NFT which is proposed to you as a sole and inseparable experience with the Hublot | Murakami Unique Piece, as part of the Hublot | Murakami Special Package.
1.1. Subject to the conditions set out in Section A.7. above, the Hublot | Murakami NFT will be transferred to the wallet address specified by you when you purchase the Hublot | Murakami Special Package on our Website and Hublot is not responsible for verifying or confirming that you has supplied Hublot with the correct or a valid wallet. Hublot is not responsible for any eventual failure of the transfer of the Hublot | Murakami NFT to you, unless such failure is the result of Hublot sending the Hublot | Murakami NFT to a wallet address other than the one provided by you during the purchase of the Hublot | Murakami Special Package.
1.2. The Hublot | Murakami NFT and associated Artwork is provided to you in the context of the purchase of one of our Hublot | Murakami Special Packages. You will only be able to obtain the Hublot | Murakami NFT as per the process described in these Terms.
1.3. In case you return your Hublot | Murakami Unique Piece in the conditions set out in Section A.7. above, you agree that the Hublot | Murakami NFT will not be transferred to you.
1.4. As set forth in Section A.7. of these Terms, the Hublot | Murakami Unique Piece and the Hublot | Murakami NFT are considered as inseparable and offered to you as a sole and unique experience and product and you agree that when you receive your Hublot | Murakami NFT after the expiration of a 14-day period from your receipt of the Hublot | Murakami Unique Piece, you waived your right to return the Hublot | Murakami NFT to us.
2.1. Your receipt and access to the Hublot | Murakami NFT is subject to your acceptance and compliance with the Terms & Conditions of the Hublot | Murakami NFTs accessible at https://boutique.hublot.com/terms-and-conditions-murakami-unique-pieces-nfts. Please read these Terms & Conditions carefully and make sure that you understand them before ordering the Hublot | Murakami Special Package from our Website.
2.2. We have no control over any third-party marketplaces, websites or application which you will need for the use, sale of your Hublot | Murakami NFT or its associated Artwork (the “Third-Parties Sites”). You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third-Parties Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third-Parties Sites. Please read the general terms applicable to such Third-Parties Sites as you will be required to comply with such terms.