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    Conditions of Use

    1. General
    The following terms and conditions and any other related rules that are adopted by Kelly Watch North America and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Kelly Watch North America, Division of Richemont North America, Inc., a corporation organized and existing under the laws of Delaware and having its corporate headquarters at 645 Fifth Avenue, 7th Floor, New York, NY 10022, U.S.A. (“Kelly Watch”, or referred to herein as “us”, “our” or “we”) on the Internet via the Kelly Watch Website, identified by the domain name www.KellyWatch.com (the “Website”) or by phone (1.877.552.1833) via the customer contact center of Kelly Watch (the “Client Relations Center”). These Conditions of Sale apply only to sales made through the Website. The Conditions of Sale applicable to any order placed through the Client Relations Center or the Website are those in force at the time that an order has been placed on your behalf by an Kelly Watch Personal Advisor (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Website before placing your order with Kelly Watch, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Kelly Watch products from the Website or the Client Relations Center. Sales concluded through Kelly Watch authorized retailers are not subject to these Conditions of Sale. Please read the Conditions of Sale and check our Website on a regular basis to be informed of any changes. Kelly Watch may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Website, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Client Relations Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference. Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Client Relations Center to cancel your registration and refrain from ordering any Kelly Watch product through the Client Relations Center or the Website.

    2.Purchasing eligibility
    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) have a shipping address in the continental United States of America, Alaska, Hawaii or the District of Columbia at the time of purchase may order products through the Client Relations Center or on the Website. 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 Client Relations Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Kelly Watch products or purchase Kelly Watch products for commercial purposes or any other commercial benefit. If Kelly Watch believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that the Customer is engaging in fraudulent or grey market activities, then Kelly Watch may refuse such order. Moreover, in the event that Kelly Watch reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Kelly Watch shall immediately cancel and terminate the account.

    3. Product availability: quantity
    All orders placed through on the Website are subject to availability and acceptance by Kelly Watch. Kelly Watch reserves the right to change the assortment of items offered on the Website or through the Client Relations Center, and may limit from time to time the quantity of Kelly Watch products that may be ordered by a Customer in a single buying session, without prior notice. Kelly Watch further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed 5 products (5 watches or 5 accessories) in any buying session on the Website or through the Client Relations Center. The Client Relations Center and the product pages on the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying a “Shopping Bag” icon is available for sale through the Website. You may also call the Client Relations Center (1.877.552.1833) and an Kelly Watch Personal Advisor will provide you with further information as to product availability and assist you with your purchase.

    4. Account registration: personal information: guest checkout
    In order to place an order, you or the Kelly Watch Personal Advisor (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the ?Guest Checkout? option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority. Upon completion of your account registration on the Website or by the Kelly Watch Personal Advisor, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Kelly Watch will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login. We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and Clause 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Website, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order. When placing an order on the Website you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Kelly Watch or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to the Client Relations Center or via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide to the Client Relations Center or on the Website change, please log in to your account and update such information directly on the Website, inform the Client Relations Center or notify Kelly Watch at the following e-mail address: eboutique.us@KellyWatch. com or as set out in our Privacy Policy. Moreover, in the event that Kelly Watch reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Kelly Watch shall immediately cancel and terminate such account, and notify you by email or telephone.

    5. Orders
    If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected from the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, place your order. Notwithstanding anything to the contrary provided for herein, Kelly Watch reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Kelly Watch may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Kelly Watch suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

    6. Prices, tax and shipping costs
    All prices shown on the product pages of the Website or quoted by the Client Relations Center are in U.S. Dollars. Kelly Watch reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Center, at the time Kelly Watch provides you with a Confirmation of Order will be honored by Kelly Watch. Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Website order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

    7. Payment by credit card
    Kelly Watch accepts the following credit cards: Visa, MasterCard, American Express, JCB, Diner’s Club and Discover. When ordering on the Website, 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 Client Relations Center your credit/debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kelly Watch, you will need to contact your card issuer directly to solve this problem, and Kelly Watch will not be liable for any delay or non-delivery. In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Kelly Watch, at which point in time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Kelly Watch products on the Website or through the Client Relations Center, you expressly authorize Kelly Watch to perform security checks, where Kelly Watch deems 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 credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions. Kelly Watch takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Kelly Watch uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy. Kelly Watch 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.

    8. Payment by bank wire transfer
    Kelly Watch only accepts wire transfer payment by original customers who place orders through the Client Relations Center. All customers must provide proper form of identification when making a purchase by bank wire transfer. Kelly Watch does not charge a fee for bank wire transfers; however, some financial institutions will charge a fee for using a bank wire transfer. Any order exchange, modification or return for an item purchased through bank wire transfer must be completed by phone. Non-engraved merchandise purchased by bank wire transfer may be returned pursuant to Clause 18 of these Conditions of Sale by contacting a Kelly Watch Personal Advisor. Return payment will be issued by check only for any item that is initially purchased by bank wire transfer. Kelly Watch is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the OFAC SDN List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.

    9. Bank wire transfer order approval
    Kelly Watch requires that all bank wire transfer orders by phone be confirmed through an order approval process. Kelly Watch may acknowledge a bank wire transfer order, but the order will not be processed until the review has been completed and accepted. All bank wire transfer orders are not confirmed until a Confirmation of Order email is provided to the customer.

    10. Bak wire transfer order cancellation
    Kelly Watch requires that all bank wire transfer order cancellations be submitted and requested by phone through our Personal Advisor. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.

    11. Payment by paypal
    You may also pay by using PayPal, as indicated on the Website.

    12. Review and confirmation
    You should carefully check and confirm all details on the payment page before placing your order through the Website, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Kelly Watch Personal Advisor will verbally ask you to confirm the details of your order.

    13. Acknowledgement of order
    Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order by email or by fax, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Kelly Watch. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Kelly Watch will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link, .pdf or faxKelly Watch. Please carefully review these Conditions of Sale upon receipt.

    14. Confirmation of order
    Upon shipment of your order, following completion by Kelly Watch of its anti-fraud, security and related legal checks, Kelly Watch will send you by email or by fax a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Kelly Watch and indicates the existence of a binding sales contract.

    15. Proof of agreement
    The Acknowledgement of Order and Confirmation of Order that are sent to you by fax or by email are deemed to be received when you are able to access them on your fax machine, computer, mobile or handheld device. The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Website will be proof of a binding agreement between you and Kelly Watch.

    16. Complimentary services
    The following complimentary services will be proposed, free of charge, by the Client Relations Center:

    16.1 Gift wrap and packaging
    All packages are delivered gift wrapped, with an Kelly Watch bag and in Kelly Watch special packaging.

    16.2 Gift note
    You may personalize your order by adding a personalized note that will be printed by Kelly Watch on a gift card to be included in your order package. If you have ordered several products, you may individually personalize one gift card in the package that contains your order.

    16.3 Personalized products
    Engraving may be available on a selection of products. If you wish to have your product engraved, please provide the details to the Client Relations Center. Kelly Watch reserves the right to withhold or refuse acceptance of any order for engraved products that contains language that is objectionable, unlawful or contrary to Kelly Watch policies. Personalized products cannot be returned to Kelly Watch for refund or exchange.


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