Condition Of Sales

OFFICINE PANERAI U.S. E-BOUTIQUE AND CLIENT RELATIONS CENTER

1. GENERAL

The following terms and conditions and any other related rules that are adopted by Officine Panerai 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 Officine Panerai 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. (“Officine Panerai, or referred to herein as us, our or we”) on the Internet via the Officine Panerai Website, identified by the domain name www.panerai.com (the “Website”) or by phone (1.877.726.3724) via the Officine Panerai Client Relations Center (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 Officine Panerai Ambassador (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 Officine Panerai, 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 Officine Panerai products from the Website or the Client Relations Center. Sales concluded through Officine Panerai 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. Officine Panerai 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 to 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 Officine Panerai 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 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 Officine Panerai products or purchase Officine Panerai products for commercial purposes or any other commercial benefit. If Officine Panerai 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 Officine Panerai may refuse such order.

Moreover, in the event that Officine Panerai reasonably suspects that a third party has breached a customer's registration, password and/or account login, Officine Panerai 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 Officine Panerai.

Officine Panerai 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 Officine Panerai products that may be ordered by a Customer in a single buying session, without prior notice. Officine Panerai 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 4 products (1 watch and 3 accessories) ­ products 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 (1.877.726.3724) and an Officine Panerai Ambassador will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION

In order to place an order, you or the Officine Panerai Ambassador (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 Officine Panerai Ambassador, 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. Officine Panerai 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 Officine Panerai 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 Officine Panerai at the following e-mail address: eboutique.usa@panerai.com or as set out in our Privacy Policy.  Moreover, in the event that Officine Panerai reasonably suspects that a third party has breached a customer's registration, password and/or account login, Officine Panerai 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, click on the “Purchase” icon to 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” by clicking on this button.  You may also remove one or several products you have selected by clicking on "X" next to the chosen product in 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, Officine Panerai reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Officine Panerai may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Officine Panerai 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.

Officine Panerai 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 Officine Panerai provides you with a Confirmation of Order will be honored by Officine Panerai.

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 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

Officine Panerai 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 Officine Panerai, you will need to contact your card issuer directly to solve this problem, and Officine Panerai will not be liable for any delay or non-delivery.

In order to process your order, we may perform a pre-authorization of 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 Officine Panerai, at which 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 Officine Panerai products on the Website or through the Client Relations Center, you expressly authorize Officine Panerai to perform security checks, where Officine Panerai 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.

Officine Panerai 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. Officine Panerai 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.

Officine Panerai 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

Officine Panerai 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. Officine Panerai 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 an Officine Panerai Ambassador. Return payment will be issued by check only for any item that is initially purchased by bank wire transfer. Officine Panerai 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.

9. BANK WIRE TRANSFER ORDER APPROVAL

Officine Panerai requires that all bank wire transfer orders by phone be confirmed through an order approval process. Officine Panerai may acknowledge a bank wire transfer order, but an order is not fully approved 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. BANK WIRE TRANSFER ORDER CANCELLATION

Officine Panerai requires that all bank wire transfer order cancellations be submitted and requested by phone through our Ambassador.

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 Officine Panerai Ambassador 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 Officine Panerai.  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, Officine Panerai 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 or fax, or the Officine Panerai Ambassador will refer you to the Conditions of Sale posted on the Website. Please carefully review these Conditions of Sale upon receipt.

14. CONFIRMATION OF ORDER

Upon shipment of your order, following completion by Officine Panerai of its anti-fraud, security and related legal checks, Officine Panerai 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 Officine Panerai 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 Officine Panerai.

16. COMPLIMENTARY SERVICES

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

16.1.      Gift wrap, Officine Panerai bag, and Officine Panerai special packaging

All packages are delivered gift wrapped, in Officine Panerai special packaging.

16.2.      Gift note

You may personalize your order by adding a personalized note that will be printed by Officine Panerai on a gift card to be included in your order package. If you have ordered several products, you may individually personalize ­one gift card­ per product.

16.3.      Boutique Pick-Up

This service is offered free of charge at one of the following Officine Panerai boutiques during normal business hours:

- Panerai New York Boutique, 703 Madison Avenue, New York, NY 10065

- Panerai Boutique at Bal Harbour Shops, 9700 Collins Avenue, Bal Harbour, FL 33154

- Panerai Miami Boutique, Miami Design District, 140 NE 39th Street, Miami, FL 33137

- Panerai Dallas Boutique, NorthPark Center, 8687 N Central Expressway, Dallas, TX 75225

- Panerai Beverly Hills Boutique, 9490A Brighton Way, Beverly Hills, CA 90210

- Panerai Las Vegas Boutique, The Forum Shops at Caesars, 3500 S Las Vegas Blvd. Las Vegas, NV 89108

You will be informed by email when your product arrives at the boutique you have selected, and it will be available for pick-up for a period of twenty (20) calendar days afterwards. If you do not pick-up your product during that period of time, it will be returned to [BRAND] and the original Customer will receive a refund. Please bring your Acknowledgement of Order / Confirmation of Order and a valid and official piece of ID to pick-up your product.

17. SHIPPING POLICY

We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Officine Panerai 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:

 

Type of delivery

Provider

Estimated

Delivery Lead Time

Charge to Customer

Standard

FedEx

5-7 Business Days*

If order < $500 = $15 per order

If order > $500 = free

Express

FedEx – Not available for products shipped to Alaska or Hawaii

2 Business Days* (subject to stock availability)

If order < $500 = $25 per order

If order > $500 = free

Overnight

If you wish to have your order delivered in less than 2 Business Days*, please check feasibility with your Officine Panerai Ambassador for special arrangements.  If accepted for overnight delivery, a $35 delivery fee will be charged for all orders.

 

*Saturday 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 Client Relations Center. This service as well as express shipping may incur more specific charges.  Please contact the Client Relations Center (1.877.726.3724) for more specific information. 

 

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email or by fax.

Each delivery package will contain, in addition to your purchased Officine Panerai product: (i) all related accessories, if any, (ii) a thank you card; (iii) Product User Guide, as applicable, and the Warranty Card;(iv) a printed gift note(s) containing your message, if so requested by you when you place your order; (v) the return form and pre-paid return label and (vi) the packing slip without price.

When ordering products on the Website or Client Relations Center­­, you, as the Customer, will receive an invoice that will be sent to your email address as a .pdf attachment. You may also at any time later request an invoice by calling the Client Relations Center (1.877.726.3724).  Please note that Officine Panerai may request that you provide proper identification as a condition to complying with such request.

Officine Panerai 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 Officine Panerai 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 fulfillment of the sale contract by Officine Panerai and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

18. RETURN POLICY

In order to ensure your total satisfaction, a Customer or a recipient of a gift of Officine Panerai products (a “Gift Recipient”) may return Officine Panerai products in accordance with the return and exchange policy set forth below. Returns of Officine Panerai products that are not in compliance with the conditions and timeframes set forth below may be rejected by Officine Panerai and will be sent back to the Customer or Gift Recipient, as the case may be.

18.1.      Return Period

Officine Panerai allows the Customer or Gift Recipient to return Officine Panerai products purchased on the Website within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.

18.2.      Return Process

Products that have been purchased on the Website or through the Client Relations Center may be returned to the Officine Panerai e-boutique distribution center, at the following address: RNA Logistics, Attention: E-Commerce Returns, 2710 Regency Drive, Suite 500, Grand Prairie, TX 75050.   

Products that have not been purchased on the Website or through the Client Relations Center ­may NOT be returned to the Officine Panerai e-boutique distribution center.

If a Customer or Gift Recipient wishes to return a product to the Officine Panerai e-boutique distribution center, then such person must comply with the following steps:

i) Call the Client Relations Center at 1.877.726.3724 to request a Return Authorization Number (RAN). This number is required prior to returning any product to Officine Panerai, 

ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it,

iii) Include the completed return form with the product, all its accessories, the User Guide, the Warranty Card and all other documents, in its original box and delivery package,

iv) Seal the delivery package and affix the pre-paid delivery label to it,

v) Bring the package to any Fedex location or call Fedex to arrange pick-up.

Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Officine Panerai and the Customer or Gift Recipient, as the case may be, agree that Officine Panerai maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise.  Officine Panerai is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.

The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Officine Panerai accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Officine Panerai e-boutique distribution center will be eligible for a refund.

Upon receiving a return, Officine Panerai will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

18.3.      Conditions to Return a Product

Officine Panerai 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). Officine Panerai 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 Customer’s request must be returned with the exact same number of links as in the original delivery package.

All returns will be subject to strict Quality Control (QC) by Officine Panerai to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Officine Panerai will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Officine Panerai will proceed with the applicable refund or exchange. 

18.4.      Refunds

Should a product be returned to the Officine Panerai e-boutique distribution center by the Customer or the Gift Recipient, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.

If a Customer’s return complies with the return policy, Officine Panerai will use reasonable efforts to credit the refund to the Customer’s credit card or Paypal account, in the case of a bank wire transfer payment, by issuing a check to the Customer, no later than fourteen (14) days after receipt of the returned item by the Officine Panerai e-boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.

18.5.      Exchanges

Customers and Gift Recipients may be permitted to exchange a product purchased on the Website ­for another Officine Panerai product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery. 

Officine Panerai will send an invoice as a .pdf attachment to the Customer’s email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below.

Should a product be returned for exchange to the Officine Panerai e-boutique distribution center by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Officine Panerai product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.

18.6.      Defective products

Officine Panerai 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 Officine Panerai in accordance with the return policy. Upon receipt, Officine Panerai 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 Officine Panerai, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:

i) Officine Panerai may send you the same product in the exact same size, subject to availability,

ii) Officine Panerai may propose an exchange for another Officine Panerai 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

iii) Only you, as the Customer, may request a refund of the full price of your initial purchase.

19. REPAIRS

For any repair inquiries, please contact our Client Relations Center by emailing eboutique.usa@panerai.com or by calling 1.877.726.3724.

20. GIFTS

If you purchase an Officine Panerai product as a gift for a Gift Recipient, you will receive an invoice to your email address as a .pdf attachment (Officine Panerai will never send the invoice and payment details to the Gift Recipient).

21. WARRANTIES/LIMITATION OF LIABILITY

WHILE OFFICINE PANERAI WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CLIENT RELATIONS CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. OFFICINE PANERAI DOES NOT CONFIRM THE PRICE OF AN OFFICINE PANERAI PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY OFFICINE PANERAI, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF AN OFFICINE PANERAI PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON THE WEBSITE, THEN OFFICINE PANERAI WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND OFFICINE PANERAI MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON THE WEBSITE OR THROUGH THE CLIENT RELATIONS CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL OFFICINE PANERAI BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW.

 

WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE OFFICINE PANERAI PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, OFFICINE PANERAI DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT ARE ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE.  ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

22. ENTIRE AGREEMENT

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Officine Panerai regarding your purchase of Officine Panerai products through the Client Relations Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Officine Panerai in relation to such matters.  In the event any other rules, code of conduct, or other matter posted on the Website conflict with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale. 

23. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 

24. GOVERNING LAW; ARBITRATION OF CLAIMS

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Officine Panerai product purchased on the Website or through the Client Relations Center, will be resolved by binding arbitration, rather than in court, except that a Customer or Gift Recipient may assert claims in small claims court if such claims qualify.  The arbitration will be conducted in 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. 

DATE:  October 3, 2015