Terms of sale

1. About these Terms

1.1 These terms of sale (Terms) apply to every purchase from Daybreak Watches (we, us, our), made through daybreak.watch (the Site). By placing an order, you agree to these Terms, our Refund Policy and our Shipping Policy, which form part of these Terms.

1.2 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded, including, for customers in New Zealand, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where they apply.

2. The watches we sell

2.1 Every watch we sell is pre-owned, vintage and unique. Each watch is sold in the condition described in its product listing, which includes a written condition report and photographs of the watch (together, the Listing).

2.2 We prepare each Listing carefully and as accurately as we reasonably can, and the Listing forms part of the description of the watch. Please read the Listing in full, and ask us about anything you are unsure of, before you buy.

2.3 Any defect, wear, mark, replaced or non-original part, or other characteristic shown or described in the Listing forms part of the condition in which the watch is sold. Under the ACL, a defect that was specifically drawn to your attention before you bought the watch does not make the watch of unacceptable quality.

2.4 Unless the Listing states otherwise:

1. watches are not water resistant and must not be exposed to water;
2. watches keep time as older mechanical watches do, and may gain or lose time;
3. parts such as the crystal, crown, hands, dial or strap may have been replaced or refinished during the watch's life; and
4. watches are not supplied with any manufacturer's warranty.

2.5 Photographs are of the actual watch, but colours and finishes may appear different depending on your screen and lighting.

3. Orders and pricing

3.1 Adding a watch to your bag does not reserve it. An order is accepted only when we confirm it by email after payment. Until then, the watch may be sold to another customer.

3.2 We may decline or cancel an order, and refund any payment in full, if the watch is no longer available, if the price or description in the Listing contains an obvious error, or if we reasonably suspect fraud or cannot verify the order.

3.3 Prices are shown in the currency displayed at checkout. We are not registered for GST, so our prices do not include GST. Prices do not include any import duties, taxes or charges payable on delivery outside Australia.

4. Payment

4.1 Payment is processed at checkout by Shopify and its payment partners. We do not store your card details.

4.2 We may authorise your payment at checkout and capture it when your order is dispatched.

5. Delivery, title and risk

5.1 We deliver to addresses in Australia and New Zealand only, as set out in our Shipping Policy.

5.2 Risk of loss of or damage to the watch passes to you when it is delivered to the address you provided. Title to the watch passes to you on delivery, provided we have received payment in full.

6. Returns and refunds

6.1 We do not offer refunds or exchanges if you simply change your mind.

6.2 If a watch is not as described in its Listing, or you are otherwise entitled to a remedy under the ACL, please follow the process in our Refund Policy.

7. Disputes, chargebacks and false claims

7.1 If you have a concern about your order, please contact us first at hello@daybreak.watch so we can try to resolve it.

7.2 If a payment is disputed or charged back, we may provide our records of the transaction to the payment provider, including the Listing, our pre-dispatch records, tracking information and proof of delivery.

7.3 If we reasonably believe a claim is false, or a watch is returned altered or with any part removed or substituted, we may refuse the claim and report the matter to the police and the relevant payment provider.

8. Liability

8.1 Subject to clause 1.2 and to the maximum extent permitted by law, our total liability arising out of or in connection with the sale of a watch is limited to the price you paid for that watch, and we are not liable for any indirect or consequential loss.

9. Privacy

9.1 We handle your personal information in accordance with our Privacy Policy.

10. Events beyond our control

10.1 We are not responsible for any delay or failure caused by events beyond our reasonable control, including carrier delays, natural disasters and service outages.

11. Changes to these Terms

11.1 We may update these Terms from time to time. The Terms that apply to your order are those published on the Site when you place it.

12. General

12.1 These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

12.2 If any part of these Terms is invalid or unenforceable, that part is severed and the remainder continues in full effect.

13. Contact

Daybreak Watches. Email: hello@daybreak.watch.