A. Lange & Söhne US Distance Sales From Retail Boutiques
Conditions Of Sale
Last updated: March 2021
ABOUT A. LANGE & SÖHNE AND THESE CONDITIONS OF SALE
These Conditions of Sale apply to any sales of A. Lange & Söhne products or services that you may order from Richemont North America, Inc. by e-mail or phone at a distance or at an event outside of the A. Lange & Söhne boutique via the relevant retail boutique of A. Lange & Söhne (together the “A. Lange & Söhne Boutique”).
Richemont North America, Inc. has its registered offices at 645 Fifth Avenue, 5th Floor, New York, NY 10022, U.S.A. (A. Lange & Söhne and "we", "us" and "our").
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the A. Lange & Söhne Boutique. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the A. Lange & Söhne Boutique. Sales concluded in person at our retail boutiques or with third parties (such as authorized retailers) or online via our A. Lange & Söhne website are not subject to these Conditions of Sale.
UPDATES TO THESE CONDITIONS OF SALE
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on request. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the A. Lange & Söhne Boutique. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the A. Lange & Söhne Boutique, you represent and warrant that you are a bona fide end-user client and will not deliver, sell or otherwise distribute A. Lange & Söhne products or purchase A. Lange & Söhne products for commercial purposes or any other commercial benefit.
PRODUCT AVAILABILITY & QUANTITY
All orders placed through the A. Lange & Söhne Boutique are subject to availability and acceptance of such orders by us. The A. Lange & Söhne Boutique can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
Personalization services (for example engraving or embossing) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the A. Lange & Söhne Boutique as requested.
We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).
For orders being placed through the A. Lange & Söhne Boutique, the A. Lange & Söhne Sales Associate will walk you through the steps above and verbally ask you to confirm the details of your order.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
PRICES, TAXES AND SHIPPING COSTS
All prices quoted by the A. Lange & Söhne Boutique include sales taxes but exclude shipping costs and other taxes unless otherwise stated.
The price will be updated based on the shipping destination after you provide us with the delivery address and will be communicated to you before you place your order. You should check updated prices carefully.
Sales, use or other taxes will vary based on the location to which products are being shipped.
Shipping costs, if any, are described in the Shipping Policy below or by the A. Lange & Söhne Boutique. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarized before you are asked to confirm and place your order and will also be reflected in our correspondence with you once you have chosen your delivery options.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the A. Lange & Söhne Boutique. However, it is always possible that, despite our reasonable efforts, some of the products offered through our A. Lange & Söhne Boutique or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
We accept the methods of payment identified as part of the order process via the A. Lange & Söhne Boutique. Depending upon the means of payment, we may require additional information, including specific forms of identification.
We offer you the ability to prepay for your products, either as a full prepayment or a partial prepayment. Where we offer partial prepayment as an advance payment method, the partial prepayment will be taken immediately following the placement of your order. Prepayments shall not impact any of your legal rights under these Conditions of Sale (including for example any right of withdrawal and/or refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.
When ordering using our Pay-by-Link process, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the A. Lange & Söhne Boutique your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
A. Lange & Söhne is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
ACKNOWLEDGEMENT OF ORDER
Once you have made your choice and your order has been placed through the A. Lange & Söhne Boutique, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order). This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the A. Lange & Söhne Boutique promptly.
These Conditions of Sale will be provided to you when we acknowledge your order.
CONFIRMATION OF ORDER & SHIPMENT
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
SHIPPING POLICY & DELIVERY
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that A. Lange & Söhne does not ship to PO boxes, APO/FPO addresses or hotels.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
Delivery Service - Standard
Provider - FedEx
Estimated Delivery Lead Time - 2-3 Business Days*
Charge to client - Free for all orders
Delivery Service - Express
Provider - FedEx (Service not available for delivery in all areas of Alaska and Hawaii)
Estimated Delivery Lead Time - 1-2 Business Days* (subject to stock availability)
Charge to the client - If total merchandise value <$499 = $35 per order. If total merchandise value >$500 = free
*Saturday and U.S. federal holidays will not be considered as a regular business day with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the A. Lange & Söhne Boutique. This service as well as express shipping may incur more specific charges. Please contact the A. Lange & Söhne Boutique for more specific information.
When estimating package delivery time, please allow time for credit approval, address verification and order processing.
Each delivery package will contain, in addition to your purchased A. Lange & Söhne product: (i) all related accessories, if any; (ii) Product User Guide, as applicable, and the “History of your Watch Booklet”, as applicable; (iii) printed gift note(s) containing your message, if so requested by you when you place your order;
A. Lange & Söhne insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each A. Lange & Söhne product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sale contract by A. Lange & Söhne and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
When ordering products via the A. Lange & Söhne Boutique, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
RETURNS AND EXCHANGES
In order to ensure your total satisfaction, a client or a recipient of a gift of A. Lange & Söhne products (a “Gift Recipient”) may return A. Lange & Söhne products in accordance with the return and exchange policy set forth below. Returns of A. Lange & Söhne products that are not in compliance with the conditions and timeframes set forth below may be rejected by A. Lange & Söhne and will be sent back to the client or Gift Recipient, as the case may be.
(i) Return Period
A. Lange & Söhne creations purchased through the A. Lange & Söhne Boutique may be exchanged or returned for a refund within fourteen (14) days following delivery. Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, embossed, special order, personalized, made to order creations and items that show sign of wear cannot be exchanged or returned. All returns and exchanges are subject to the further terms and conditions set forth below.
(ii) Return Process
To return a product to a A. Lange & Söhne retail boutique, please call the A. Lange & Söhne Boutique for details of their returns process (first to confirm the appointment with your selected A. Lange & Söhne retail boutique). You may be asked to provide photos of the products for us to make a first assessment of the condition of these products.
(iii) Conditions to Return a Product
A. Lange & Söhne products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original A. Lange & Söhne box and delivery package, including all accessories and documents. A. Lange & Söhne will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Watch bracelets that have been adjusted at the client’s request must be returned with the exact same number of links as in the original delivery package.
Engraved or embossed products, as well as special order, personalized and made-to-order creations, cannot be returned to A. Lange & Söhne for exchange or refund.
All returns will be subject to strict Quality Control (QC) by A. Lange & Söhne to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, A. Lange & Söhne will refuse the return, and the products will be sent back to the client or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), A. Lange & Söhne will proceed with the applicable refund or exchange.
Should a product be returned to the A. Lange & Söhne Boutique, a client is entitled to receive a refund. A Gift Recipient is not entitled to receive a refund.
If a client’s return complies with the return policy, A. Lange & Söhne will use reasonable efforts to credit the refund to the client’s credit card no later than fourteen (14) days after receipt of the returned item by the A. Lange & Söhne Boutique. Except for delivery of a defective product, initial shipping charges will not be refunded to the client.
You may return a product purchased through the A. Lange & Söhne Boutique for exchange with another A. Lange & Söhne product, provided that the return complies with these Conditions of Sale.
Should a product be returned for exchange to the A. Lange & Söhne Boutique by a client or Gift Recipient, only the client will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged A. Lange & Söhne product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.
(vi) Defective products
A. Lange & Söhne is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product that seems to be damaged, you may return it to A. Lange & Söhne in accordance with the return policy. Upon receipt, A. Lange & Söhne may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by A. Lange & Söhne, the following solutions will be proposed to the client or the Gift Recipient, as applicable:
- A. Lange & Söhne may send you the same product in the exact same size, subject to availability,
- A. Lange & Söhne may propose an exchange for another A. Lange & Söhne creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
- Only you, as the client, may request a refund of the full price of your initial purchase.
MANUFACTURER’S GUARANTEE AND YOUR LEGAL CONSUMER RIGHTS
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
Selected products are covered by the applicable A. Lange & Söhne Guarantee. If you wish to repair a product covered by the applicable A. Lange & Söhne Guarantee, please refer to the applicable A. Lange & Söhne Guarantee, and call our A. Lange & Söhne Boutique for more information.
In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable A. Lange & Söhne Guarantee.
The following complimentary services will be proposed, free of charge, by the A. Lange & Söhne Boutique:
(a) Gift Wrap and Packaging
All orders will be shipped with the A. Lange & Söhne box, together with a A. Lange & Söhne shopping bag (where applicable).
(b) Engravings / Embossing
Engraving and embossing may be available on specific products, and offered only through sales transactions completed through the A. Lange & Söhne Boutique.
If you wish to have your A. Lange & Söhne product engraved or embossed, please provide the details to the A. Lange & Söhne Boutique.
Orders for personalized A. Lange & Söhne products cannot be cancelled and personalized A. Lange & Söhne products cannot be returned to A. Lange & Söhne for exchange or refund.
(c) Strap Exchange / Adjustment
An A. Lange & Söhne watch strap is delivered in a standard size. The strap size can be delivered smaller or larger, upon request, by calling the A. Lange & Söhne Boutique. A. Lange & Söhne watch strap adjustment is also available on certain watch models. If you request a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.
(d) Gift Note
You may personalize your order by adding a personalized note that will be printed by A. Lange & Söhne on a gift card to be included in your order package. A. Lange & Söhne reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on A. Lange & Söhne-logo stationery.
For any repair inquiries relating to a product ordered through the A. Lange & Söhne Boutique, please contact our A. Lange & Söhne Boutique.
If you purchase a A. Lange & Söhne product as a gift for a Gift Recipient, you will receive an invoice to your email address as a .pdf attachment (A. Lange & Söhne will never send the invoice and payment details to the Gift Recipient).
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on our websites, in advertisements or catalogues or as provided by the A. Lange & Söhne Boutique is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the A. Lange & Söhne Boutique, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable A. Lange & Söhne Guarantee.
APPLICABLE LAW AND JURISDICTION
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from A. Lange & Söhne through the A. Lange & Söhne Boutique, will be resolved by binding arbitration, rather than in court, except that a consumer or A. Lange & Söhne may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and A. Lange & Söhne understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and A. Lange & Söhne agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with A. Lange & Söhne) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and A. Lange & Söhne agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
A. LANGE & SÖHNE