The following terms and conditions shall apply to the use of this website, all our social media pages and to all sales of products and services that you (the “Customer”) may order from Heir Co. Pty Ltd, (referred to herein also as “Heir”, “us”, “we” or “our”) via the Heir website, identified by the domain name https://heirwatches.com/, and any associated digital or mobile applications that may be owned by Heir watches and expressly refer to these terms and conditions.

1. Terms Of Use

Before using this website, you must read these terms of use carefully and accept them. Your use of this website implies that you accept the terms of use as expounded below. These terms may change from time to time, and the revised terms will take effect on the date when they are posted on this section. In such cases you agree to be bound by those changes. You should therefore periodically visit this page to review the current terms to which you are bound. In the instance where we impose a new update of this terms and conditions, we will clearly mark the date of iteration at the end of this page.

(i) Personal Information & Our Privacy Policy

Any personal information we collect on this website is governed by our Privacy Policy. Please read and understand this policy for full disclosure on how we use such information.

(ii) Material Provided On The Heir Website

All material information provided on this website is exclusively for your personal use and is protected by international copyright laws and treaties. You may use the material found on this site exclusively for non-commercial purposes.

It is forbidden to use material from this website on another website or another electronic medium. Any non-authorised use of such material may infringe laws on copyright, trademarks and intellectual property.

(iii) Heir Watches Copyrights & Trademarks

This website and all intellectual property rights featured on this website are exclusively owned and reserved by Heir. These include all trademarks, copyrights, trade names, artwork, videos, images, text, graphics, product designs, icons, music and any other content.

It is prohibited to copy, modify, distribute, upload, download or re-publish the content or computer code from this website whether for commercial or other purpose, without the prior written consent of Heir.

All product names and logos (including trademarks) used on this website are the property of Heir. You are prohibited from using them in any manner likely to cause confusion to our customers and other users.

You are further prohibited from using our trademarks in relation to any product or service or copying, imitating (in whole or in part) in connection with any product or service or as part of other domain names, in a manner that is likely to cause confusion.

Your failure to comply with the above terms while using our website will constitute a breach of contract and will violate Heir’s proprietary rights including but not limited to intellectual property rights, copyright and trademarks.

(iv) Links To Other Websites

This website may have links to, or from other sites operated by third parties other than Heir. These links are for your convenience and their inclusion does not imply Heir approves the content of these websites. We make no warranties, express or implied, as to the accuracy or legality of such content and neither will we be held responsible for any private information you provide to those websites. Such connections to third-party websites are initiated at your own risk.

(v) Liabilities, Warranties Or Representations

Heir assumes no responsibility or liability for viruses or malware that may infect your computer equipment or any damage to other equipment or property on account of your use of this website or when you download information from the website.

We have made the best efforts to provide accurate and current information on this website. To the extent allowed by applicable law, we make no warranties or representations with respect to the content of our website. We shall not be liable for any damages arising from the establishment of a connection to, or use of the website, whether it’s loss of data, benefit or income in a direct, indirect or consequential manner.

Though we try to maintain the best form of accuracy in the information being displayed, this website may contain content with typographical errors or other inaccuracies. We reserve the right to make corrections or changes to the content at any time and without prior notice.

Furthermore, we shall not be liable for any damages arising from your inability to use the information or products offered on the website.

We reserve the right to discontinue or interrupt any part or functionality of this website. If and when we exercise this right we shall accept no responsibility or liability whatsoever from such action.

If any term or condition in these Terms of Use agreement is void, it shall not affect the enforceability of other parts of the Terms of Use agreement deemed enforceable by appropriate law.

Any failure by Heir to enforce or exercise any right or provision of these Terms of Use will not imply a waiver of any such right or provision.

(vi) Jurisdiction

Any dispute arising from the use or content of the website shall be governed by the laws of Australia. The venue and jurisdiction of any such action shall be before the courts of Australia.

(vii) User Content

You are individually responsible for any user content that you post on this website and/or our social media (whether in a forum or as a guest blog post). Such information may be accessible to other users and should therefore not be obscene, illegal, defamatory, libellous or scandalous. Such content should not violate any law that may lead to civil liability or a criminal offence.

The content posted or submitted by users must be their own or they must have permission to post it. You must therefore ensure that the content does not violate copyrights, trademarks, privacy rights and any other contractual obligations or rights of another person, company or legal entity.

We do not review user content prior to posting. Such content does not reflect the opinions or policies of Heir and we make no warranties, express or implied, as to the veracity of such information posted on our website and social media or transmitted to other users.

We reserve the right to remove any content posted on our website and/or social media or transmitted to our users through the website for any reason or without giving a reason. If such content is illegal or infringes on other persons’ rights, we will cooperate with law enforcement or comply with any court orders requesting disclosure of the identity of anyone posting such content.

You will retain ownership rights to the content you post on our website and/or social media (text, photos, images, video or files) and you may continue to use it in any other way but you grant us a non-exclusive, worldwide license to use, reproduce, modify, publicly display and distribute your User Content, including on social media platforms without any form of payment or compensation whatsoever.

(viii) Service Access

Accessibility to our website may be suspended without notice if there is a security breach, system failure or for maintenance purposes. This may also happen for reasons beyond our control at any moment.

Heir will always endeavour to make this website available 24/7. However, we shall not be liable if the site is offline for any period and for any reason.

Heir reserves the right to terminate your registered account as well as your use of our website at its sole discretion. Such termination can be made without prior notice if you have engaged in illegal activity or breached our terms of use.

(ix) Interactions

Your interactions with our website must conform to legal use and should not prevent or restrict other users’ rights to access and utilise the site and its content. This website is protected by copyright, trademark and other laws. The following infringements are prohibited:

• Exploiting, copying, republishing, modifying, downloading, ripping, and distributing the content or part of it without the prior written consent of Heir.

• Modifying, copying or removing any proprietary trademarks or copyright found on this site.

• Interfering and disrupting (or attempting to do so) our site, servers, networks, security and other features of our site.

• Extracting data from our site by using bots, data mining and screen scraping tools or similar methods.

We have an irrevocable right to report illegal and fraudulent activity or any attack on our online resources to law enforcement.

(x) Disclaimer

You agree to use this website entirely at your own risk. Heir makes no representations or warranties, and disclaim all representations and warranties, with respect to this website, information on it, products, user content, site materials, services, and any other materials on it or made available through the website, express or implied, written or oral, arising from course of using, dealing, performance, usage of trade, or otherwise, including the implied warranties of quality, title, merchantability, fitness for a given purpose, and non-infringement.

Except as expressly provided in the warranty, this website, content, products, information, user content, services, the site materials on it and others made available through the website, are made available “as is” and “with all errors.”

(xi) Indemnification

You will indemnify Heir and their respective officers, directors, employees, shareholders or agents (“Indemnitees”), their affiliates, subsidiaries and licensors against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the website and your use of the site or services obtained through the site.

You will also indemnify the Indemnitees against your negligence, violation of law, any breach by you of these Terms of Use, fraud, wilful misconduct, or any other use or misuse of the site, the User Content, the Site Content, the services, products, information and other materials on the site or made available through the site.

You will further indemnify all the Indemnitees against all judgments, damages, losses, liabilities, costs, and expenses arising out of such Claims – these will include attorneys’ fees.

1. Conditions of Sale

These Conditions of Sale on https://heirwatches.com/ define the contractual relationship between Heir and you, the legal person engaged in the purchase of a product or service on this website for yourself or on behalf of a third party.

2.1 Eligibility For Placing An Order

You are eligible to place an order on this website if you have reached the age of majority (18 years in most countries, states and provinces) and have the legal capacity to enter into contracts. You must also agree to these Conditions of Sale, our Terms of Use for the website, our Privacy Policy and any additional terms brought to your attention at the time of purchase.

If you are under the age of majority and cannot lawfully enter into a binding contract, you must seek your guardian or parent’s authorisation or have them place an order on your behalf. This will allow your parent or guardian to agree to our Terms and Conditions.

Any orders placed on this website in violation of this condition shall be deemed null and void.

2.2 Visual Representation

Due to differences in computer systems and colour resolutions for various monitors, the colours of our products that appear on this website may differ to a small extent from those of the actual goods.

We have made every effort to ensure that the images displayed on this website reflect as accurately and aesthetically as possible, the colours and shapes of our products.

We reserve the right to modify the models featured on this website at any given time.

2.3 Product Availability

Heir reserves the right to change the range of products offered on the website without prior notice. We may also limit the quantity of products that may be ordered in a single buying session.

All orders are subject to availability and acceptance by Heir. Please note that only products displaying an “ADD TO CART” icon are available for sale through this website.

Heir reserves the right to inform you that goods for which you have placed orders are out of stock. This may be for reasons beyond our control and you may receive a full refund if we are unable to fulfil your order.

2.4 Account Registration

In order to place an order on this website, you may either register and create an online account on the website, or choose the products you want and add them to your cart and proceed to checkout. You will then be required to provide valid and current personal information, such as your legal name, address, phone number and e-mail address.

The personal information you provide during account registration or when placing an order must be true, valid and up-to-date.  You must ensure that you are the person referred to in billing information and shipping address (unless you are sending the item as a gift).

Should any of the information you provide change, you should log in to your account and update every detail that has changed directly on the website.

Upon completion of your account registration on the website, you are solely responsible for ensuring that your username and password are kept secret, and secured safely at all times. Heir shall not be held liable for any damage or loss resulting from disclosure of your login credentials to third parties through negligence.

If your account is compromised in any way or you suspect unauthorised activity, you must notify us and change your password immediately.

You should not under any circumstances operate another user’s account without the express permission of that user or Heir.

2.5 Placing an Order

Once you have chosen a product, click on the “ADD TO CART” icon to place the product in your shopping cart. You may continue shopping for other products and add them to your shopping cart. Click on “VIEW CART” to see the products in your shopping cart. You may also remove one or several products from your shopping cart by clicking on the “X” next to the product in question.

You will then click on the “CHECKOUT” button to arrive on the payment page. Here you may review your order details, payment information, phone number, email, shipping address and billing address or enter them appropriately if you haven’t created an account. You will then click on your preferred payment method to place your order.

We (or our third party providers) may collect additional information for payment, security and anti-fraud purposes. All personal information collected is used in accordance with our Privacy Policy.

Heir reserves the right to cancel, refuse or terminate any order(s) at our discretion for any reason without liability to you. We may also do so if we suspect fraudulent activity, when there is a dispute over payment or if these Terms and Conditions and our Privacy Policy are violated.

2.6 Order Cancellation

If a product has been discontinued, Heir reserves the right to cancel the purchase and refund the full amount to you. We may also notify you if there is a replacement product available.

You may cancel an order if it has not been processed yet by sending an email to [email protected]

2.7 Prices

All prices displayed on the product pages are quoted in AUD (Australian Dollar). The correct price in the appropriate currency to your location will be displayed upon proceeding to checkout but before payment is made. You will be charged in the currency shown on the checkout page upon order completion. Depending on your card issuer, you may be subject to a conversion fee.

If you have a discount code you would like to redeem, simply enter your promotional code into the space provided during checkout before payment. Please note that promotional codes cannot be applied to orders after payment has been received.

We reserve the right to modify prices and any associated delivery costs at any time without prior notice.

2.8 Payment

Heir accepts the following payment methods: PayPal and Afterpay.

If you have the major credit cards like Visa and MasterCard, you can easily proceed with the PayPal selection and from there you can choose to either log into your PayPal account or pay using a card.

You can also choose to wear our watches now and pay later using Afterpay. Just simply proceed with the Afterpay selection and from there you can choose to either log into your Afterpay account or create an account.

When ordering on our website, you will need to enter your payment details on the checkout page.

Your credit card is subject to validation checks and authorisation by the card issuer. If your card issuer declines to authorise payment to Heir, we will not be liable for non-processing of your order or any subsequent delay. In such cases you may need to solve the problem by contacting your card issuer directly.

When you purchase products on the Heir website, you expressly authorise us to perform security checks to validate your credit card by obtaining authorisation from your card issuer and to authenticate your identity.

We take various precautions to safeguard your personal information against loss, disclosure, alteration, unauthorised access, destruction, theft and misuse by implementing a Secure Sockets Layer (SSL) encryption on our web pages as well as other technical and administrative measures.

However, we cannot be held liable for the security of the data you transmit over the internet since such transmission is at your own risk.

You are required to carefully check and confirm all details on the payment page before proceed to place your order through the website, including the product particulars.

2.9 Order Acknowledgment

Once you place your order on the website, you will receive an email acknowledging the particulars of your order. This does not represent an acceptance of your order since Heir has to review your payment and conduct other administrative checks before processing your order.

The email acknowledging your order will contain an Order Reference Number that you should save for future reference when enquiring about your order.

2.10 Acceptance/Confirmation of Order

An order is only accepted when it has been processed and dispatched for shipment. At this point we shall send a shipping confirmation email to the electronic address provided when placing your order. This email will represent the acceptance of your order and will constitute a binding sales contract between you and Heir, governed by the Terms and Conditions and the Privacy Policy outlined on this site.

All enquiries about your order should be addressed through [email protected]

2.11 Taxes

There are no additional fees beyond the product price and order. We do not collect taxes on orders delivered outside of Australia and the recipients must ensure that any fees, import duties, taxes, customs duties and custom processing fees are paid in accordance with their country’s laws.

If we are obligated to collect such taxes where Heir is domiciled, the relevant tax will be reflected on your billing account.

2.12 Free Express International Priority Shipping

We are proud to offer a complimentary Free Express International Priority shipping service at no extra charge on all our products and orders to over 220 countries worldwide. Please note, we do not ship to PO Box addresses. We reserve the right to make changes to such policy without incurring any obligation to you. Any changes that affect shipping and handling costs will be posted here in this section of the document and reflected on your billing.

Delivery time may vary depending on your location. You are advised to allow time for credit approval and order processing when estimating package delivery time.

We cannot guarantee that all delivery time-frames indicated will be met on every delivery.

The shipping confirmation email will have the tracking information related to the delivery of the purchased goods.

Each delivery package will contain;

• Your purchased Heir product/s and all its related accessories

• Instruction booklet with warranty information

• Complimentary thank you card, a personalised message request can be arranged if you leave the text in the Order Notes section during checkout

Responsibility for your purchased goods passes to you once you append your signature accepting the delivered product. If the recipient specified is not you, a signature by that recipient or an adult at the delivery address is enough evidence of delivery which transfers responsibility to the recipient.

We are not responsible for orders that are delayed, damaged or lost due to incorrect addresses once in transit. You are solely responsible for filing any claims with shipment carriers for lost or damaged products in transit.

2.13 Promotions, Offers & Discount Codes

We may run promotions, giveaways, competitions or other special offers carefully curated for new or existing customers. These promotions and offers are at the sole discretion of Heir.

Should you choose to withdraw your purchase in accordance with our Return Policy, you shall forfeit the promotional discount or offer that corresponds to your purchase. You can only use one promotion discount at a time.

The terms and conditions of each promotion or offer will be available on the relevant product page. Heir reserves the right to withdraw, change, vary or end a promotion at any time without notice within the applicable consumer laws.

The Heir gift card offer, in partnership with AMR Hair & Beauty, is active for the duration of the card’s valid dates as specified on the back of the card. The value of the card is only redeemable on the full priced value of the item and will not discount the item price already on sale. This offer is only legible for orders with a timepiece included.

If you have a discount code you would like to redeem, simply enter your promotional code into the space provided during checkout before payment. Please note that promotional codes cannot be applied to orders after payment has been received.

Please note that these promotions and offers are void where prohibited by law.

2.14 Warranty

Heir provides a limited two year warranty on all timepieces. This is covered from the original purchase date from us or an authorised retailer. This warranty covers against material and workmanship defects on the watch itself which include the case, movement, and glass.

This does not apply to loss, theft, water damages and general wear and tear. Please note that straps are not covered by this warranty. If we do not find any defects described above, the product will be sent back to the Customer.

To make a warranty claim, please send an email to [email protected] with “Warranty Claim” as the subject. In the email you need to specify your name, address and order number. We require proof of purchase (using original purchase documentation) to honour any warranty claims. Please include a detailed description of the issue in your email.

We reserve the right to reject warranty claims if the above conditions are not met. Should a warranty claim be made successful, under the Australian Consumer Law, you are entitled to a replacement or refund for a major failure. If it’s not a major failure you are entitled to have the goods repaired or replaced.

2.15 Return Policy

We take pride in ensuring all timepieces are manually inspected before shipping. For your total satisfaction, you may return products in accordance with the return and exchange policy set forth below. If the returns do not comply with the timeframes and conditions set out below, Heir may reject the request and send back the products to the Customer.

2.15.1  Return Period

If you are not satisfied with our product ordered, you may return it for an exchange or full refund within 30 days of you receiving the order.

Should a refund be agreed upon, please allow up to fourteen (14) business days from when we receive your request for the refund to reflect on your bank statement.

2.15.2  Return Conditions

All returns and exchanges are subject to the following conditions;

• The product must be presented in its original condition and unused (for example, do not pull the strap through the buckle or adjust the time on your timepiece when it arrives until you decide it’s a keeper).

• Heir will not accept any return if the product has been damaged, altered or shows signs of wear.

• The product must be in the original Heir packaging with the protective materials, accessories, instruction booklet and pouches for the strap if applicable when additional straps were purchased.

All returns will be subject to strict quality control procedures to ensure that they meet the requirements above. If the products do not meet these requirements, Heir may refuse the return and send back the products to the Customer.

Returned goods must be carefully packaged to prevent damage in transit. Placing it safely within a bubble padded bag or satchel will be sufficient enough.

2.15.3  Return Process

To arrange a return, please email [email protected]. After you have been in contact with one of our customer care team, we will send you a paid shipping label and detailed instructions on how to return your watch. Please include a copy of your receipt and order number as proof of purchase.

Ensure you seal the original delivery package and affix the paid delivery label to it.

Once we have received your returned items and inspected it, you will receive an email confirming that your refund has been processed. This usually takes three days to complete once we have received the item.

The Customer must keep a proof of return shipment and the tracking details. We accept no liability in the event that the Customer cannot provide such proof.

Only products received by Heir will be eligible for a refund or exchange. Upon receiving the returned products, Heir will verify that they satisfy the conditions of the return policy. If all conditions are met, we will proceed with the refund or exchange as the case may be.

2.15.4  Exchanges

If a product is returned for exchange with another Heir product, and it satisfies the conditions of the return policy, we will send an invoice to the Customer’s email address, specifying the value of the returned product and the price of the item for which the original product is being exchanged.

The difference between the price of the two items will be calculated and the invoice will indicate whether the Customer is entitled to receive the amount (if the returned product is more expensive than the exchanged item) or pay Heir (if the returned product is less expensive than the exchanged item).

2.15.5  Defective Products

At Heir, we subject our products to a rigorous quality control process to ensure they meet the highest engineering standards with the aesthetic appeal of modern tastes. However, material and workmanship defects are covered under our warranty conditions.

If such defects comply with our warranty conditions, you may return the product to us in accordance with the Return Policy. Please note that items that are damaged as a result of wear and tear are not considered to be defective.

If the returned product is certified as defective by Heir Watches, we may:

• Send you a replacement of the same product (this is subject to availability) with the exact same specifications

• At your request, refund the full price of your initial purchase

• Exchange with another Heir product of equivalent or higher value (in which case you will be required to pay the difference).