This section outlines information about our company, our privacy policy ("Privacy"), and the terms and conditions ("Terms") that govern the sale of products ("Products") available on our website, wearehilts.com.

These Terms apply to any agreement ("Contract") between you and us for the sale of Products. Please review these Terms carefully before purchasing any Products from our website. When placing an order, you will be required to agree to these Terms. If you do not accept the Terms, you will not be able to proceed with your purchase.

We recommend that you save or print a copy of these Terms for future reference.

We may update these Terms from time to time, as explained in section 7. Be sure to review the Terms prior to each order to ensure you understand the terms applicable at the time of purchase. The most recent update was made on September 17, 2024.

Please note that these Terms and any associated Contracts are provided in English.

Governing Law

These Terms and any Contract for the purchase of Products from our website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from or related to these Terms or Contracts shall be resolved in the courts of the Province of Ontario.

1. INFORMATION ABOUT US

1.1 We operate the website wearehilts.com. Hilts Inc. is a company registered in Canada (Company No. 701039505 RC0001) with its registered office at 512-525 Adelaide St W, Toronto, Ontario M5V 0N7. If you have any questions, please contact us via email at info@wearehilts.com.

1.2 If you are a consumer and wish to contact us:

(a) For cancellations: If you wish to cancel a Contract, please notify us of your decision. The easiest way to do this is by filling out the contact form on our website. We will confirm receipt of your cancellation via email. You may also email us directly at info@wearehilts.com. Please include your order details to help us identify your request. Your cancellation will take effect from the time you send the email.

(b) For general inquiries or complaints: Contact our Customer Service team at the same email address.

(c) If we need to contact you: We will do so via email or by sending a prepaid letter to the address you provided with your order.

2. PRODUCTS

2.1 Product images on our site are for illustration only. We strive to accurately display colors, but actual colors may vary slightly due to screen settings. Your product may differ slightly from the images.

2.2 We aim for accuracy in our descriptions, but measurements for size, weight, color, capacity, and dimensions are subject to a 5% tolerance.

2.3 Product packaging may differ from the images shown on the website.

3. PRIVACY POLICY – YOUR PERSONAL DATA

We are committed to protecting your privacy. This clause outlines how we handle your personal data in compliance with Canadian privacy laws, specifically the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable privacy regulations. Users from other jurisdictions may be subject to additional privacy rights, and we strive to respect international privacy principles.

3.1 Information We Collect:

(a) You may provide personal information by filling out forms on our website, corresponding via phone or email, registering on our site, subscribing to services, or participating in promotions. This data may include your name, address, email, phone number, financial information, and payment details.

3.2 How We Use Your Information:

(a) To fulfill our contractual obligations and provide the requested products or services.

(b) To inform you about similar products or services, where applicable.

(c) To provide updates about products or services you may find relevant. We may use electronic means (email or SMS) to reach out unless you choose to opt out, which you can do during checkout or by contacting us.

3.3 Information We Collect Automatically:

(a) For website administration and internal operations, including troubleshooting, data analysis, and surveys.

(b) To improve the user experience on our site.

(c) To enable interactions with features on our site.

(d) To enhance the security of our website.

(e) To assess the effectiveness of advertising and deliver relevant advertisements to you.

3.4 Sharing Your Information:

(a) We may share your personal data with professional advisors or to comply with legal obligations, including subpoenas or government inquiries.

(b) We may share your data with third-party service providers or platforms (e.g., payment processors) to fulfill our services. These providers may operate outside of your country of residence.

3.5 Data Storage and Transfer:

(a) Your data may be transferred to or stored in jurisdictions outside your country of residence, including in the United States. These countries may not have the same level of data protection as your home country. We use appropriate safeguards, such as standard contractual clauses, to protect your personal information.

(b) You are responsible for maintaining the confidentiality of passwords and account details for certain parts of our site.

(c) While we take reasonable measures to secure your data, no method of transmitting information over the internet is entirely secure. We cannot guarantee the complete security of your information.

3.6 Your Rights:

(a) If you are a resident of Ontario, you have the right to access, correct, or delete your personal information under applicable Canadian privacy laws. Requests for access, correction, or deletion of data can be made free of charge by contacting us.

(b) If you are located outside of Canada, you may have additional rights under the privacy laws of your country. Please contact us if you have questions about exercising your privacy rights.

(c) Our website may contain links to third-party sites that have their own privacy policies. We are not responsible for the privacy practices of those sites.

3.7 Access to Information:

(a) You have the right to access, correct, or delete your personal information. Requests for access, correction, or deletion of data can be made free of charge by contacting us.

(b) If you are a resident of Ontario, you may also exercise your rights under applicable privacy laws by submitting a request via our website or contacting us directly.

3.8 Klarna Payments:

We may share your personal data with Klarna to provide you with payment options. For more details on Klarna’s privacy practices, refer to their privacy policy.

3.9 Changes to this Privacy Policy:

We may update this policy from time to time. Any changes will be posted on this page, and we may notify you by email if appropriate. Please review this page periodically to stay informed of any updates.

4. USE OF COOKIES

4.1 Our website uses cookies to differentiate between users. This allows us to offer a more personalized browsing experience and helps improve site functionality and performance. By continuing to use our website, you consent to the use of cookies as outlined in our [Privacy Policy].

5. PLACING AN ORDER

5.1 When you place an order on our site, you confirm that:

(a) You are legally able to enter into a binding contract under applicable law; and

(b) You are at least 18 years old or have the consent of a parent or legal guardian if required by your country’s laws.

6. HOW A CONTRACT IS ESTABLISHED

6.1 The steps required to make a purchase are outlined clearly on our shopping pages. You will have the opportunity to review and correct any mistakes before finalizing your order. Please ensure that you carefully check each stage of the process.

6.2 Once your order is placed and you click the "COMPLETE ORDER" button, we will send you an email acknowledging receipt of your order and providing an order number. This email is a confirmation that we have received your order, but it does not signify acceptance of it (“Order Confirmation”). The email will include key details such as a description of the products, the total cost, any delivery fees, and information about your right to cancel.

6.3 The contract between you and us is formalized when we send you an email confirming the dispatch of the products. This "Dispatch Confirmation" email signifies that your order has been accepted and that the products have been shipped. If we cannot fulfill your order or if you cancel before dispatch, no contract will be formed.

6.4 Please use your order number in any future correspondence with us. All product prices and services are inclusive of any applicable taxes, unless otherwise specified.

6.5 If we are unable to fulfill your order due to reasons such as stock unavailability, pricing errors, or delivery issues, we will notify you by email. If payment has already been made, we will issue a full refund, including any delivery charges, as promptly as possible.

7. OUR RIGHT TO CHANGE THESE TERMS

7.1 We may modify these Terms from time to time. The latest revision date is displayed at the top of this page.

7.2 The Terms in effect at the time you place your order will apply to your contract with us.

7.3 Changes to these Terms may occur due to:

(a) Changes in legal or regulatory requirements, or

(b) Unforeseen issues affecting production or service delivery.

7.4 If we revise these Terms after you’ve placed an order, we will notify you of the changes. If you disagree with the updated Terms, you may cancel the contract either for the entire order or just for any unshipped products.

8. YOUR RIGHT TO CANCEL AND REFUND (FOR CONSUMERS)

8.1 As a consumer, you are entitled to cancel a contract within the timeframe specified in clause 8.3. This allows you to change your mind or reject a product and receive a refund during that period. Your rights may vary depending on your location, and you can refer to local consumer protection authorities for guidance.

8.2 However, this right to cancel does not apply to customized or bespoke products made according to your specific instructions.

8.3 The right to cancel begins from the date we send the Dispatch Confirmation. The cancellation period lasts for 30 days from the day you receive your product. If multiple items are ordered, the cancellation period for the entire order ends 30 days after the last item is received. This is referred to as the "Cooling-off" period.

8.4 To cancel, you must notify us by email, phone, or post, providing details of your order to help us identify it. Your cancellation will take effect from the date you send your notice.

8.5 If you cancel, we will:

(a) Refund the product price, minus any delivery costs, if applicable. Please note that we may reduce the refund if the product shows signs of use beyond what is necessary to inspect it.

(b) Process the refund as quickly as possible, but no later than:

(i) 30 days after receiving the returned product or proof that you’ve returned it, or

(ii) 30 days after you notify us, if the product has not yet been delivered or is being collected.

8.6 If you return any products because they are defective or not as described, we will refund the full price of the products, along with any delivery fees and reasonable costs incurred in returning the items.

8.7 Refunds will be processed to the original payment method, such as the credit or debit card used for purchase. If a gift card was used, the refund may be issued in the form of a new gift card.

8.8 If you decide to cancel the contract after receiving the product:

(a) You must return the product promptly, no later than 14 days from the date you informed us of your decision to cancel the contract.

(b) If the product is not faulty or inaccurately described (see clause 8.6 for such cases), you are responsible for the return shipping costs. For products that cannot be returned by post, we estimate that returning them via the original carrier should not exceed the initial delivery cost.

8.9 As a consumer, we are legally required to supply products that conform to the terms of the contract. You have statutory rights regarding products that are faulty or misrepresented. These rights are not affected by your right of return and refund outlined in this section or any other parts of these Terms. For more information, you may refer to consumer protection agencies in your country.

8.10 All charges for products are listed in the currency displayed at checkout, such as Canadian Dollars (CAD), U.S. Dollars (USD), Euros (EUR), or any other currency available on our site at the time of purchase.

9. SHIPPING AND DELIVERY

9.1 You will receive an email from us once your order has been shipped, which will include a tracking code so you can monitor its progress. Please note that delivery may be delayed due to circumstances beyond our control. For more information on our responsibility in such cases, refer to clause 16.

9.2 If no one is available to receive the delivery, the courier will leave a note with further instructions. Should you require assistance in tracking your parcel, please contact us at info@wearehilts.com.

9.3 Your order is considered delivered once the products are delivered to the address provided or when you, or a designated representative, collect the items. At this point, responsibility for the products passes to you.

9.4 Ownership of the products transfers to you once full payment, including any delivery fees, has been received.

9.5 If we fail to deliver within 30 days, you may cancel your order under the following conditions:

(a) We have refused to deliver the products;

(b) Timely delivery was essential based on your specific circumstances; or

(c) You informed us at the time of ordering that delivery within a specific timeframe was critical.

9.6 If you do not cancel immediately under clause 9.5, you may set a new reasonable delivery deadline. If we fail to meet this new deadline, you have the right to cancel your order.

9.7 If you cancel the order due to delayed delivery, you may choose to cancel all or part of the products, provided that partial cancellation does not diminish their overall value. If the products have already been delivered, you are required to return them, and we will cover the cost of return shipping. Once the order is canceled, we will refund all payments made, including any shipping fees.

9.8 All shipping charges are listed in the currency applicable at checkout, such as Canadian Dollars (CAD), U.S. Dollars (USD), Euros (EUR), or any other currency available on our site at the time of purchase.

10. INTERNATIONAL SHIPPING

10.1 Orders can be placed from outside Canada, but please be aware that they may be subject to import taxes, duties, and other charges once the items arrive in your country. We have no control over these additional charges, so we recommend checking with your local customs office for more information.

10.2 You are responsible for paying any import taxes, duties, and other charges that may apply. Please verify these potential costs before placing your order.

10.3 It is your responsibility to comply with all applicable laws and regulations of the destination country. We are not liable for any issues arising from non-compliance with such laws or regulations.

11. PRICES AND DELIVERY COSTS

11.1 The price of products will be listed on our site at the time of your order. We take reasonable care to ensure the accuracy of product prices when they are entered into our system.

11.2 Product prices may change, but these changes will not affect any orders that have already been placed.

11.3 Product prices include applicable sales tax, if required by Canadian federal or provincial law. If sales tax rates change between the date of your order and the delivery date, your payment may be adjusted accordingly, unless payment has already been completed.

11.4 Delivery fees are not included in the product price and will be displayed during the checkout process before you confirm your order.

11.5 Despite our best efforts, some products on our site may be priced incorrectly. If we identify an error with the price of an item you’ve ordered, we will contact you with the correct pricing information and give you the option to either proceed with the order at the correct price or cancel it. If we cannot reach you, the order will be canceled. We are not obligated to supply products at an incorrect price if the error is evident and you could reasonably be expected to recognize it.

12. PAYMENT METHODS

12.1 You can pay for products on our website using a debit card, credit card, or PayPal. The available payment options will be displayed at checkout.

12.2 Payment for products and delivery charges must be made in advance at the time of placing your order.

12.3 We do not store your credit card information. We also do not share your payment details with third parties, except as necessary to process your payment.

12.4 Klarna Payment Options
In partnership with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: Pay in 3 and Slice it (check what else we can offer). You can find Klarna’s terms of service and general information on their website. Your personal data will be handled in accordance with applicable data protection laws and Klarna's privacy policy.

13. WARRANTY FOR WATCH MOVEMENTS

13.1 All watch movements come with a five-year manufacturer’s warranty. Please refer to the manufacturer’s documentation for specific terms and conditions.

14. WARRANTY FOR PRODUCTS

14.1 For products without a manufacturer’s warranty, we provide a five-year warranty against material defects from the date of delivery. This warranty does not cover the situations outlined in clause 14.2.

14.2 The warranty described in clause 14.1 does not cover defects resulting from:

(a) Normal wear and tear;

(b) Intentional damage, improper storage or use, accidents, or negligence on your part or by a third party;

(c) Failure to operate or use the products according to the provided instructions;

(d) Not adhering to the recommended servicing intervals specified in the manual supplied with your watch. Both automatic and manual watches generally require servicing every 3 to 4 years. Note: Failure to service your watch within the suggested timeframe may void your warranty.

(e) Any modifications or repairs made by you or an unauthorized third party; or

(f) Any specifications provided by you.

14.3 If you are a consumer, this warranty is in addition to, and does not affect, your statutory rights regarding faulty or inaccurately described products. For additional information about your legal rights, you may consult a local consumer protection agency or legal advisor.

15. OUR RESPONSIBILITY TO YOU AS A CONSUMER

15.1 If we fail to comply with these Terms, we are liable for any foreseeable loss or damage caused by our breach or negligence. Loss or damage is considered foreseeable if it was an obvious result of our breach or was anticipated by both parties at the time the contract was made. We are not liable for any unforeseeable losses or damages.

15.2 Our products are supplied for personal and domestic use only. By purchasing, you agree not to use them for any commercial, business, or resale purposes. We do not accept liability for any loss of profit, business interruption, or missed business opportunities.

15.3 We do not exclude or limit our liability in the following circumstances:

(a) Death or personal injury resulting from our negligence;

(b) Fraud or fraudulent misrepresentation;

(c) Any breach of the implied terms regarding ownership and possession under applicable Canadian laws;

(d) Any breach of implied terms relating to product description, quality, and fitness for purpose under applicable Canadian laws; and

(e) Liability for defective products under applicable Canadian consumer protection laws.

16. EVENTS BEYOND OUR CONTROL

16.1 We are not responsible for any failure or delay in fulfilling our obligations under a contract caused by an event outside our control, as described in clause 16.2.

16.2 Events beyond our control include, but are not limited to, strikes, lock-outs, civil unrest, riots, terrorist threats or attacks, wars (whether declared or not), natural disasters such as floods, earthquakes, and epidemics, as well as disruptions to telecommunications or transportation.

16.3 If an event beyond our control affects our ability to fulfill our obligations under the contract:

(a) We will notify you as soon as reasonably possible; and

(b) Our obligations will be temporarily suspended, and the time to fulfill those obligations extended for the duration of the event. If the event affects the delivery of products, we will arrange a new delivery date once the event concludes.

16.4 You may cancel the contract if it is impacted by an event beyond our control that continues for more than 30 days. If you choose to cancel, we will arrange for the return of any products already delivered at no cost to you, and we will refund any payments, including delivery charges.

17. COMMUNICATIONS BETWEEN US

17.1 References to "in writing" in these Terms include communication via email.

17.2 As a consumer, you can contact our Customer Service team as detailed at the beginning of these Terms.

18. OTHER IMPORTANT TERMS

18.1 We may transfer our rights and obligations under a contract to another entity, but this will not affect your rights or our obligations.

18.2 You may not transfer your rights or obligations under these Terms to another person without our written consent. However, if the product is a gift, you may transfer the benefit of our warranty to the recipient.

18.3 This contract is strictly between you and us. No other party has the right to enforce its terms, except that the recipient of a gift may benefit from the warranty. However, you and we do not need the recipient's consent to alter or cancel the contract.

18.4 Each section of these Terms operates independently. If any part is found to be unlawful or unenforceable, the remaining sections will remain effective.

18.5 Failure to enforce any of our rights does not mean we are waiving them. Even if we delay enforcing our rights, we can still enforce them later. If we choose to waive any default, it will be in writing and will not automatically apply to future defaults.

18.6 These Terms are governed by the laws of Ontario, Canada. Any contract for purchasing products from our site, as well as any disputes or claims related to it, will be governed by the laws of Ontario, Canada. Both parties agree to the non-exclusive jurisdiction of the courts of Ontario, Canada.