TERM & CONDITION

By registering for a XPZ account on the XPZ website at xpz.watch ("Website") and by ordering any products listed on the Website, you ("Customer") accept and agree to be bound by these Terms and Conditions.

1. TERMS OF USE

1.1 XPZ’s (“XPZ”, “we”, “us”, “our”) website (“this Website”) and related services are made available to you in accordance with the following terms and conditions, and other rules posted on this Website (collectively “Terms and Conditions”). These Terms and Conditions cover the sale of any of the products (Products) listed on this Website.

1.2 Please read the Terms and Conditions before placing orders from this Website. You have to agree to the Terms and Conditions in order to complete the purchase. You may print a copy of these Terms and Conditions for future reference. We are under a legal duty to supply the Products in conformity with these Terms and Conditions.

1.3 In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor or Application user “we”,”us”, “our” and “XPZ” refer to XPZ.

1.4 If you are entering into these Terms of Use on behalf of a company, partnership, sole proprietorship or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Use, you must not use this Site, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.

1.5 Our Services are not intended for minors. You agree that by using the site, applications and the services you are at least 18 years of age and you are legally able to enter into a contract.

1.6 XPZ reserve all rights and final decision in case of dispute.

2.1 UPDATES

2.1 We may make changes from time to time to these General Terms and Conditions so please check back regularly to keep informed of updates. The latest version of these General Terms and Conditions will always be available on the Site. Any new version of these General Terms and Conditions shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the General Terms and Conditions made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

3. PRODUCT AVAILABILITY & QUANTITY

3.1 All orders placed through the Site are subject to availability and acceptance of such orders by us. Products shown on the Site, which cannot be added to the shopping bag, are not available for sale via the Site. XPZ’s Customer Service Team can provide more information as regards these products.

3.2 Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

4. ORDERING AND CONTRACTING

4.1 To place an order, you have to register and create an online account. However, you can still browse items or design and register anytime you like. Registration is free and there is no obligation to shop after you have registered.

4.2 You will be asked before the order confirmation to expressly accept these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.

4.3 After receipt of your order confirmation, we will send to you, without undue delay, an acknowledgement of receipt and the confirmation by email that we have shipped the product and/or the third party service provider has started to provide service to you. Note that we will only deliver products or services to your address. We will inform you by email if, due to circumstances not within XPZ’s reasonable control, a product and/or a service you ordered is unavailable or if we will be unable to ship a product and/or provide the service within the estimated delivery dates.

4.4 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.

4.5 We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these General Terms and Conditions.

5. PERSONALIZED SERVICES

5.1 XPZ reserves the final right to review every design or refuse acceptance of any order for your design is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libelous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.

5.2 You shall be personally responsible for any design with this Website that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libelous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.

6. PRODUCTS

6.1 The colors of your watch generated by XPZ on this Website are for preview purpose only. You shall acknowledge that the final Product may be subject to possible color deviations from the preview.

7. DELIVERY

7.1 XPZ will provide delivery service and you may read terms and conditions regarding the selected delivery partner. All Orders received will be processed within 3 working days of receipt. Upon Order confirmation, customers can expect to receive their Orders within 5 business days for Asia deliveries and 7-10 working days for international deliveries, subject to different destinations. Please note that the above delivery times are not a guarantee of actual delivery times and the delivery schedule is from Monday to Friday exclude public holiday for worldwide order.

7.2 The delivery dates represented by XPZ are estimated and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

7.3 You shall be personally responsible for any import taxes, duties and related Customs fees for imports and other costs that are not covered by your payments to us. Such charges are determined and charged by the Customs office of the destination country.

7.4 In any event if delivery is impossible because incorrect address is provided or the address provided is a destination not covered by our appointed international courier service, we will ask you for alternative address and make appropriate arrangement. You shall have no right to cancel your order once it is placed.

8. RISKS AND OWNERSHIP

8.1 The risk of loss or damage to products passes to you upon delivery.

8.2 Ownership in all products remains with us until full payment of all amounts due to us have been received from you.

9. PRICE AND PAYMENT

9.1 All prices shown on the product pages of the Site exclude sales taxes, shipping costs and other taxes unless otherwise stated. When the price indicated on the Site does not include taxes, duties and/or custom fees applicable to the destination you have selected, you will be informed during checkout before proceeding to payment. It is your responsibility to pay such taxes and/or customs duties at your own expense as well as to fully comply with the applicable regulations.

9.2 The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order.

9.3 Sales, use or other taxes will vary based on the location to which products are being shipped.

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

9.5 We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Site or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.

9.6 Please note that changes to applicable law between the date your order is placed and the date you are sent a written confirmation of order & shipment may result in changes to the taxes associated with your order.

9.7 We accept Visa, MasterCard and any other methods that may be clearly advertised on this Website from time to time. You are also welcome to pay with PayPal and Wechat pay. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to XPZ, we will not be liable for any delay or non-delivery.

10. RETURNS AND REFUND

RIGHT TO CANCEL:

10.1 You have the right to cancel the contract created by our written order confirmation without giving any reason 24 hours from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order, without incurring any other costs. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.

10.2 To cancel the contract, you must inform us of your decision to rescind this contract by an unequivocal statement by writing to XPZ’s Customer Service Team. You may also electronically submit the Online Order Cancellation Enquiry Form or any other unequivocal statement on our website using our Contact Page, in which case we will communicate to you an acknowledgement of receipt of your cancellation request by email.

10.3 Since the product with XPZ is a personalized product, you shall not cancel or return any of the products that have been made to measure, altered, or personalized to your specification. No refund will be made once the contract between you and XPZ is concluded unless the product was defective when shipped or occur material and manufacturing faults

10.4 It is your responsibility to ensure you provide the correct information to us in terms of personalization. We will not be held liable for any error made on your part in supplying information for product personalization. We also reserve the right to charge up to 10% of the watch’s value for administration fee and component’s fee if you return and exchange the Product for any error made on your part in providing information.

10.5 In any event of artificial mistakes on our part, XPZ will arrange re-delivery of the Product to you as soon as possible in a reasonable period of time. For any instance on your part, we will issue a full refund through a XPZ cash voucher.

RETURN PROCESS

10.6 Products that have been purchased through the Site may only be returned to us at XPZ , 9/F, WING MING INDUSTRIAL CENTRE, 15 CHEUNG YUE STREET, CHEUNG SHA WAN, KOWLOON, HONG KONG. To return a product to us, you must follow the steps mentioned below:

• Complete Online Return or Exchange Enquiry Form via Customer Care at our website. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;

• XPZ’s Customer Service Team will provide you with a return merchandize authorization (RMA) code prior to returning your product;

• Arrange for the product (or products) to be returned to XPZ , 9/F, WING MING INDUSTRIAL CENTRE, 15 CHEUNG YUE STREET, CHEUNG SHA WAN, KOWLOON, HONG KONG as shown as the RMA form. We recommend that you use a courier that allows tracking and monitoring of delivery status for your returns;

• You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide and all other documents, in their original box.

10.7 You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by XPZ will be eligible for a refund.

10.8 Return shipping to XPZ shall be your responsibility. The time limit for returns and exchange is is 3 days after receiving the products.

CONDITION OF RETURNED PRODUCTS

10.9 We will verify that the returned product satisfies the conditions of the returns and exchanges policy and, if so, then proceed with the applicable refund or exchange.

10.10 Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

10.11 If you have received free items as part of your order, they must be returned with the products.

10.12 All returns will be subject to strict Quality Control (“QC”) by us 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 returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.

10.13 Failure to comply with these General Terms and Conditions will entitle us to refuse the returned product and send it back to you, at your own cost.

REFUNDS

10.14 You may return a product purchased through the Site for refund, provided that the return complies with these General Terms and Conditions, in particular with (a) Right to Cancel and (b) Return Process above.

10.15 If your return of Product is accepted, we will refund the Net Price per Unit of each returned Product. The refund will be credited to the original payment account, to the same person who paid for the transaction. Fees including but not limited to the following items will not be refunded:

All deliveries:

• Costs incurred during the purchase of Product

  Original shipping costs incurred for the delivery of the Products to you if applicable, any fees charged by PayPal and/or credit card issuers, insurance costs, importing countries’ customs duties and sales taxes and all other related miscellaneous costs incurred for the purchase of Products will not be refunded.

• Costs incurred for the return of Products to us

  Costs incurred for the return of Products to us, including shipping costs, any fees charged by PayPal and/or credit card issuers, insurance costs, and all other related miscellaneous costs will also not be refunded.

10.16 We reserve the right to handle any disputes by return of Products, refunds or cancellation of Order.

10.17 In the following situations you do not have a right to cancel the contract:

• service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of rescission once the contract has been fully performed by us; and

• the supply of products which are, after delivery, according to their nature, inseparably mixed with other items.

EXCHANGE

10.18 Under our exchange policy, you may contact our Customer Services Team for exchange of Product withinis 3 days after receiving the products by mail. We will not entertain requests made after is 3 days after receiving the products. There are two situations in the following exchange can be applied.

• The Product was defective when shipped or occur material and manufacturing faults.

• The products were artificial mistakes/ error made by providing wrong information but 10% administration fee and component’s fee will be applied on all exchange orders.

a. Exchange by Mail

• Please contact us through cs@xpz.watch indicating your invoice number by e-mail to get a return merchandize authorization (RMA) code before return. The RMA code and the address for return will be emailed to you within 3 working days.

  The Product together with the original invoice and a copy of our email reply (indicating your RMA code for exchange) (“Required Documents for Exchange”) must be posted to us by mail within 7 working days upon receiving the RMA code. We will not accept returns without Required Documents for Exchange (For gift purchase without an invoice, please contact Customer Services Team through cs@xpz.watch).

  If your request for exchange is accepted, you will receive an E-cash voucher with full refund except delivery or shipping cost by mail within 2 days and you are required to make a new Order by using the E-cash voucher at our Website.

The procedures of Return will be applied. We will refund the Net Price per Unit of each Product by E-cash voucher. You are required to make a new Order by using the E-cash voucher at our Website (please be reminded that you shall only make a new Order after receiving our confirmation of acceptance of your return). For other costs incurred in the Return, please refer to clause 10.15 for the new Order Procedures. We will determine whether a returned Product is in its original condition (i.e. in the same condition as when originally purchased with all original packaging materials, accessories, instruction booklets and gift redemption) and our decision will be final.

b. For exchange of Product by mail, the Product must be returned in its original condition and packaging (with all hanging tags, spare parts, free gifts and gift redemptions, if any), and without any signs of damage, alteration or wear and tear. If a free gift and/or gift redemption item is not returned, additional charges will be applied. We are unable to exchange worn, sized or engraved watches.

c. For exchange of Product by mail, a Product can only be exchanged once.

11. WARRANTY AND YOUR CONSUMER RIGHTS

11.1 We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

11.2 In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these General Terms and Conditions.

12. COLOURS AND IMAGES

12.1 XPZ has reserved the right to adjust prices, involve additional cost and change product information such as product pictures and offers without notice. The product images and information texts displayed on this Website reflect the product as much as possible. We reserve the right for any errors that may appear on this Website and cannot guarantee that all pictures accurately reflect the true appearance of your watch. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.

13. LIABILITY

13.1 To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Site whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

13.2 Nothing in these General Terms and Conditions limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these General Terms and Conditions for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

13.3 Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 All intellectual property rights, such as trademarks and copyright, on this Website and in the material published on it are owned by XPZ. Any use of this Website or its content, including copying or storing such content in whole or part, other than for your own personal, no-commercial use, is prohibited without the permission of XPZ. Action will be taken against any copyright infringement.

14.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us on this Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any considerations, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your communications.

14.3 You retain your rights to any content you submit post or display on this Website. By submitting, posting or displaying on this Website the Content, you grant XPZ a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods, except as otherwise provided in our Privacy Policy.

15. COMMUNICATION FROM YOU

15.1 Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of XPZ and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We assume the right to use any ideas, concepts, know-how or techniques contained in any communication you send to this Website for any purpose including, but not limited to, developing, manufacturing and marketing Products using aforesaid information. Personal data collected will remain confidential and will be treated in accordance with our Privacy Policy Statement.

16. Force Majeure

16.1 XPZ shall not be liable for or be deemed to be in breach of these Terms and Conditions for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, epidemic, labour difficulties, equipment failures, or any other causes beyond XPZ’s control.

17. TERMINATION

17.1 We may terminate your registration or access to this Website immediately if you are in breach of these Terms and Condition. Any accrued rights at the date of termination will remain enforceable after termination.

18. DATA PROTECTION AND PRIVACY

18.1 Your data protection and privacy rights are set out in our Privacy Policy.

19. JURISDICTION

19.1 Any dispute arising from and connected with your visit to this Website, the Services or the Products you purchase shall be submitted to the non-exclusive jurisdiction of the Hong Kong courts.

20. COMPLAINTS AND GOVERNING LAW

20.1 The Terms and Conditions with all our policies and procedures will be governed by and construed in accordance to the law of Hong Kong and the relevant courts of Hong Kong will have exclusive jurisdiction.

20.2 If you have a complaint, please contact us by email giving full details including date of purchase and order number where applicable and your full name and address and contact details.

21. LANGUAGE

21.1 In the event of inconsistencies between the English and Chinese versions of these Terms of Use, the English version shall prevail.