Magento Commerce

1. GENERAL

The following terms and conditions and any other related rules that are adopted by Team De Speciale Ltd and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Buoyy products that you (the “Customer” or “you”) may order from Buoyy’s Website, identified by the domain name “www.buoyy.com” (the “Website”), owned by Team De Speciale Ltd., a company having its registered office at RM 502, 5/F, Hing Yip Commercial Center, 272-284 Des Voeux Road, Central, Hong Kong. Email address: info@teamdespeciale.com( “ Buoyy “ or referred to herein as “us”, “our” or “we”).

The Conditions of Sale applicable to any order placed through the Website are in force at the time an order is placed. When you check the “I Accept” box at the order confirmation section of the Website before placing your order with us, 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 Buoyy products from the Website.

We may modify the Conditions of Sale from time to time, at its sole discretion. If you are placing an order, then by checking the “I Accept” 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 Website will 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. 

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) 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 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 contravention to this provision shall be null and void.

By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Buoyy products or purchase Buoyy products for commercial purposes or any other commercial benefit. If we believe, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then we may refuse such order.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through the Website are subject to availability and acceptance by us.

We reserve the right to change the assortment of items proposed on the Website may limit from time to time the quantity of Buoyy products that may be ordered by a Customer in a single buying session.

The product pages of the Website can provide you with information regarding products that are currently available for sale. We reserve the right to change from time to time the assortment of items offered on its product pages.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION

In order to place an order through the Website, please register and create an online account on the Website. In order to register an online 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, you will receive a notification of successful registration by email. Please click the Activate Link on the email to activate your account. Please ensure your password and account login are kept secret, safe and secure at all times. We will not be held responsible or liable for any misuse of your account 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 this Conditions of Sale for more details about how we may use your personal information.

Should any of the information you provide to the Website change, please login to your account and update such information directly on the Website, or notify us at the following e-mail address:&nbsp contact us. Moreover, in the event that we reasonably suspect that a third party has breached a customer's registration, password and/or account login, we will immediately cancel and terminate such account, and notify you by email.

5. ORDERS

You should carefully check all details before placing your order through the Website.

Your orders will be processed as follows: Once you have chosen a product, click on the “Add to Bag” button 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 "Delete" next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.

Notwithstanding anything to the contrary provided for herein, we reserves the right to refuse, cancel and terminate orders at any moment in time.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Website are in U.S. Dollars. We reserve the right to modify prices at any time without prior notice.

Shipping costs and applicable Import duties & taxes for delivery to addresses within the fifty U.S. states, and the District of Columbia are included on the watch prices shown on the Product page and also on your shopping bag page before you are asked to confirm and place your order.

7. PAYMENT

Paypal is our only provider of the on-line payment portal. Your credit cards such as Visa, MasterCard and American Express are accepted. Cards issued by banks domiciled outside the United States of America will not be accepted.

When ordering, you will need to enter your payment details on the appropriate form. 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 Paypal ( our payment gateway), you will need to contact your card issuer directly to solve this problem, and we 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 amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to us, 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 Buoyy products on the Website, you expressly authorize us to perform such credit card pre-authorization and, 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 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.

We take 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. 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 to the Website; 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.

8. CONFIRMATION OF ORDER

Once you have placed your order through the Website, we conduct its usual security and anti-fraud checks and then process your order. You will receive an Order Confirmation by email acknowledging the details of your order. This Order Confirmation will contain an Order Reference Number. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. The Order Confirmation constitutes the acceptance of your order and indicates the existence of a binding sales contract.

9. THE RANGE OF BRACELET LENGTH SELECTION

Please DOWNLOAD and print the Wrist Sizer to measure your wrist size.

For those watches with Easy-To-Adjust mechanism, please watch the demonstration video in the contents of your USB warranty card for length adjustment.

For those watches with Length-Adjustment–On-Buckle system, after measuring your wrist size with the Wrist Sizer, please tick your preferred size range on your shopping bag. Your watch will come with your selected size range, and then you can do your bracelet size fine-tune by yourselves with the tool provided in envelop of your pack box.

10. ENGRAVE SERVICE

Engraving may be available on specific models.

If you wish to have your applicable Buoyy product engraved, please tick " Engraving " on the product detail page. After complete your purchase , please contact us  via email, quote your Order Confirmation Number and inform your preference of engrave pattern. We will send you artwork for your approval and then proceed with your engraving request.

Personalized engraving service charge is US$ 30 / product. Engraved Buoyy products cannot be returned for exchange or refund.

Please note that delivery may be delayed 5-7 business days if you have requested this service.

11. 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 we do not ship to PO boxes, APO/FPO addresses or hotels.

For safety and efficient reason, we only ship Buoyy products to customers by FedEx International Priority Service. Delivery costs are assessed and added to the price of the Buoyy products themselves.

We will use reasonable efforts to ensure the following estimated delivery lead time from the date of your order:

Service Provider : FedEx

Type of delivery : International Priority

Estimated delivery time : About 5 business days * ( under normal US custom clearance process and subject to stock availability )

Charge to recipient : Free ( Charge has already been included in the watch price )

*Saturday will not be considered as a regular business day with respect to estimated delivery lead time. Please note that in exceptional case, delivery may be delayed if you have requested engraving. In such case, we will contact you by email on the estimated delivery time.

Each delivery package will contain, in addition to your purchased Buoyy product: (i) all related accessories, if any, (ii) an USB Warranty Card (iii) an Official Grunberger Diamond Profile ; (iv) a tool for bracelet adjustment if applicable; (v) a soft microfibres wiper for cleaning your Buoyy watch ; (vi) a FedEx Return label and a Return Proforma Invoice for return purpose.

We will not include any invoice in the shipment. If you choose to receive an invoice, please tick the box at your Order Overview. We will send such invoice to you by email.

We will only ship your purchased watch to your primary shipping address as per your account info therefore please check and make sure the shipping address you have entered is correct. We insure 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 Buoyy 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 us and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

12. RETURN POLICY

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

12.1. Return Period

We allows the Customer or Gift Recipient to return Buoyy products purchased on the Website within Five (5) days following receipt, but subject to the further terms and conditions set forth below.

12.2. Return Process

i) Before returning Buoyy product, please contact us by email service@buoyy.com to obtain a Return Form that will be sent to you by email. This form includes all necessary instruction including the address where you will need to ship the watch back.

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 Buoyy product, all its accessories, the USB Warranty card , the Official Grunberger Diamond Profile, the adjustment tool, the microfibres wiper, 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 5-day period, a proof of return shipment must be kept, and we accept no liability in the event that such proof cannot be produced. Upon receiving a return, we will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange. Please note that any associated shipping costs and import duties & tax will not be subject to refund.

12.3. Conditions to Return a Product

Buoyy 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. We will not accept any return if the product shows signs of wear, or has been used, resized or altered from its original condition in any way.

Engraved or resized Buoyy products cannot be returned to us for exchange or refund.

All returns will be subject to our strict Quality Control (QC) to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable at their own expenses. If the returned product satisfies Quality Control (QC), we will proceed with the applicable refund or exchange. Please note that any associated shipping costs and import duties & tax will not be subject to refund.

12.4. Refunds and Merchandise Credit

Should a product be returned to the us, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.

Except for delivery of a defective product, initial shipping charges and import duties & tax will not be refunded to the Customer. In the case of a return, then if a Customer’s return complies with the return policy, we will use reasonable efforts to credit the refund to the Customer’s credit card no later than twenty one (21) days after receipt of the returned item.

12.5. Exchanges

Customers and Gift Recipients may be permitted to exchange a product purchased on the Website for another Buoyy product if the product to be exchanged satisfies the conditions of the return policy. However exchange can only be arranged one time ( once every purchase ).

We will send an invoice to the Customer 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 Customer or the amount that the Customer is entitled to receive, as indicated below.

Should a product be returned for exchange by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is more expensive than the desired Buoyy product. A Gift Recipient that wishes to exchange a Buoyy product can do so and should follow the procedures set forth in the abovementioned return process.

If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.

12.6. Defective products

We are 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 which seems to be damaged, you may return it to Buoyy Service Center in accordance with the return policy. Upon receipt, we 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 us, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:

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

ii) We may propose an exchange for another Buoyy products of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference.

13. REPAIRS

For any repair inquiries, please contact our Customer Service by email service@buoyy.com 

14. GIFTS

If you purchase a Buoyy product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, we will send such invoice to you by email. We will never send the invoice and payment details to the Gift Recipient.

15. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

WHILE WE ENDEAVOUR TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. WE DO NOT CONFIRM THE PRICE OF A BUOYY PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY US, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT.

WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE BUOYY PRODUCTS DISPLAYED ON THE WEBSITE ARE AS ACCURATE AS POSSIBLE, WE DO NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS 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.

16. 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 us regarding your purchase of Buoyy products through 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 us in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

17. NO WAIVER

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

18. GOVERNING LAW; ARBITRATION OF CLAIMS

The Conditions of Sale shall be governed by and construed in accordance with the laws of Hong Kong, 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 Buoyy product purchased through the Website will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. The arbitration will be conducted in Hong Kong.

Last Revised: Oct 6, 2014