1. General

These are the Conditions of Sale of The Face in Time Pty Ltd (hereinafter “we”, “us”, “our”).

These Conditions of Sale apply to the sale of our products and services when orders are placed via our authorised representatives/agents (including by email, phone, video call, private showing and in-person appointments). You cannot purchase watches online without engagement from us due to the specialised, bespoke nature of each order.

Please read these Conditions of Sale carefully before ordering. By placing an order with us (including by paying a holding deposit), you agree to be bound by these Conditions of Sale.

By placing an order, you confirm that you have legal capacity to enter into a consumer contract.

2. Sales channel and order process (agent-assisted)

2.1 Your order is placed through an authorised representative of The Face in Time. We will discuss specifications, options and timelines with you.

2.2 Your order constitutes an offer to purchase under these Conditions of Sale. Orders are subject to acceptance by us and to availability of materials and production capacity.

2.3 After taking your A$1,000 holding deposit, we will issue an order acknowledgement summarising your specifications. Payment of the A$1,000 holding deposit signifies order acceptance (subject to clause 3).

2.4 Following order acceptance, and before manufacture commences, we will issue an invoice for the manufacturing deposit (30% of the total price). Once the 30% manufacturing deposit is paid, the watch enters production and the order becomes firm and non-cancellable, subject to your rights under the Australian Consumer Law (ACL).

2.5 We may conduct identity, address and card validations to prevent fraud. If satisfactory, we will proceed with your order.

3. Bespoke nature; specification confirmations; personalisation/engraving

3.1 Our watches are bespoke/specially manufactured to your selected specifications; they are not resalable in the ordinary course of our business.

3.2 You are responsible for reviewing and confirming all specifications in writing before production (case finish, dial selection, strap, engraving/personalisation if any, and any other custom details).

3.3 Minor variations in materials/finishes that are consistent with high-end artisanal production standards are not considered defects.

3.4 Personalisation/engraving standards (content policy): Any text, images, symbols or design elements you supply must (a) be accurate, lawful and not infringe third-party rights; (b) not contain offensive, discriminatory, defamatory, obscene or otherwise inappropriate content; and (c) be technically suitable for the scale and process. We may refuse or request amendments to proposed content at our discretion. Proofs (where provided) are indicative only; micro-tolerances may vary in final manufacture. Your written approval of proofs constitutes acceptance of the final design for production purposes.

4. Price and taxes

4.1 Prices are quoted in Australian Dollars (AUD) and include GST, unless stated otherwise in writing.

4.2 We may update prices at any time prior to order acceptance. Prices confirmed in a paid order (holding deposit) will not be changed for that order, except for agreed changes in specifications or shipping options.

4.3 Any additional delivery, insurance, or special-handling charges (if applicable) will be quoted and agreed before shipment/collection.

5. Payments, deposits and card on file

5.1 Payment schedule (staged):

• A$1,000 holding deposit (payable to accept the order).
• 30% of the total price due prior to manufacture (manufacturing deposit).
• Remaining 70% due prior to shipment/collection (balance).

5.2 Card on file & authorisation: You authorise us to securely store your payment method and to charge the staged payments as they fall due. If you prefer to pay by bank transfer, payment must clear before manufacture/shipment.

5.3 Non-payment/late payment: We may suspend production and/or delay shipment if any amount is unpaid when due. If payment is not received within a reasonable time after reminder, we may terminate the contract and retain amounts reasonably required to cover our loss (including the deposits per clause 6).

5.4 Card transactions are subject to issuer authorisation and security checks (e.g., 3-D Secure). We may use third-party payment providers, and you agree to their terms for payment processing.

5.5 Payment failure & re-booking the production window: If a scheduled payment fails or is not received by the due date: (a) your production slot may be released and lead times reset; (b) production may be paused until funds clear; (c) a re-activation/re-booking fee and updated timeline may apply (as notified in writing); and (d) if delays cause material supplier or capacity changes, we may propose reasonable substitutions or revised timing/costs for your approval. If you do not approve, we may cancel the order and apply clause 6.

6. Cancellations and deposits (bespoke orders)

6.1 Change-of-mind cancellations are not available for bespoke/specially manufactured products to the extent permitted by law. This does not affect your ACL rights.

6.2 If you cancel after paying the A$1,000 holding deposit but before paying the 30% manufacturing deposit, the A$1,000 holding deposit is forfeited to cover administrative and scheduling costs.

6.3 If you cancel after paying the 30% manufacturing deposit (i.e., after manufacture has commenced), the 30% manufacturing deposit is non-refundable and may be retained by us to cover production costs incurred or committed.

6.4 If you cancel after the watch is complete and before shipment/collection, we may retain up to 100% of amounts paid to cover reasonable costs and loss, given the bespoke nature and the product’s lack of resale prospects (subject always to the ACL).

6.5 If we cancel due to our inability to supply, material production constraints, or events beyond our reasonable control, we will refund you all amounts you have paid for the affected order, and this will be your sole remedy, subject to the ACL.

7. Manufacture lead time

7.1 Manufacture typically requires 30–60 days from the date the 30% manufacturing deposit is received. Lead times are estimates only and may vary based on artisanal capacity, supply chain, or quality assurance steps.

7.2 We will keep you informed of material changes to the estimated timeline.

8. Delivery and collection

8.1 Delivery options: (i) Courier to your nominated Australian address; or (ii) Pick-up from our Manly HQ.

8.2 We will notify you once the goods land in Australia and clear inbound checks. Delivery or pick-up will occur within 7 days of goods landing in Australia, subject to your availability and final balance payment clearance.

8.3 If you select courier delivery, risk of transport is subject to clause 10 and any insurance you elect to purchase. Courier fees (if any) will be confirmed before dispatch.

8.4 Failure to collect/accept delivery: If you do not arrange collection/accept delivery within 7 days after notice, we may (i) arrange secure storage and charge reasonable storage/insurance fees; and/or (ii) consider the order abandoned after reasonable further notice (without limiting our rights to recover costs).

8.5 Insurance in transit: You may request declared-value shipping or additional transit insurance. If you instruct us to arrange insurance, we will procure cover as agent on your behalf and charge the cost to you (at cost plus any disclosed handling fee). If you decline additional insurance, shipment proceeds at your risk subject to the carrier’s standard terms, and our liability is limited per clause 14 and the ACL.

9. Export, delivery limitations and instalments

9.1 We currently accept orders for delivery within Australia.

9.2 Delivery may occur in instalments if agreed (e.g., watch + additional straps/components at a later date).

10. Passing of title and risk

10.1 Title passes to you when we have received full payment of all amounts due (including delivery/insurance charges, if applicable).

10.2 Risk in the products passes to you upon delivery to your address or collection at our Manly HQ (as applicable). “Risk” means responsibility for damage arising from use, handling or storage of the products.

11. Inspection on delivery; non-conforming product

11.1 Please inspect the package and product upon receipt. If you believe there is damage in transit or a non-conformity, notify us promptly (and in any event within a reasonable time) with photos and details so we can investigate and, where appropriate, remedy in accordance with the ACL and any applicable warranty.

12. Returns and change-of-mind

12.1 Given the bespoke nature of our watches, change-of-mind returns are not accepted, except where required by the ACL.

12.2 This does not limit your rights where there is a major failure or non-compliance under the ACL.

13. Warranty and servicing

13.1 Your timepiece is covered by The Face in Time 5-Year Limited Warranty (separate policy).

13.2 Servicing requirement: To maintain the warranty, the watch must be serviced every 12 months by our authorised Australian service centre (currently our Manly HQ). Unauthorised repairs or missed services may void the warranty.

13.3 Nothing in this clause limits your rights under the ACL.

14. Liability

14.1 To the maximum extent permitted by law:

(a) we exclude liability for any indirect, special, or consequential loss (including loss of profits, business or data), and for loss arising from delays or events outside our reasonable control; and

(b) our aggregate liability for any claim connected with the products/services is limited to the amount you paid for the relevant products/services.

14.2 Nothing in these Conditions of Sale excludes or limits liability for death, personal injury, fraud, or any liability that cannot be excluded under the Australian Consumer Law.

15. Right to cancel (statutory)

15.1 Any statutory right to cancel (if applicable in your jurisdiction or sales channel) is subject to the exclusions for tailor-made/personalised products. To the extent permitted by law, no right to cancel applies to bespoke watches, services already fully supplied, or digital content already delivered.

15.2 This clause does not affect your ACL rights. If there is a major failure with the product, you are entitled to a refund or replacement, and for other failures you are entitled to a repair or other remedy as required by law.

16. Pre-orders (if offered)

16.1 From time to time, we may offer pre-orders. Pre-orders are limited in quantity/time and require a deposit or full prepayment to secure priority allocation.

16.2 Your pre-order constitutes an offer to purchase. We will confirm acceptance by written confirmation, including indicative availability dates and any remaining balance due.

16.3 The product ships only after full payment is received. If a pre-ordered product cannot be supplied, we will cancel and refund the amount paid (this is your sole remedy, subject to the ACL).

17. Collect from HQ (pick-up)

17.1 If you select pick-up, we will email you when your order is ready. You will have 7 days from notification to collect.

17.2 For collection, please bring: (i) your order confirmation; (ii) valid photo ID matching the order; and (iii) the card used (if requested). Copies of documents may be taken for fraud-prevention.

17.3 If you fail to collect within 7 days, we may store the product and charge reasonable storage costs and/or cancel the order after reasonable further notice (subject to clause 6).

17.4 Storage & insurance schedule: Storage and (if elected) insurance charges apply as published on our website or notified to you in writing at the time storage commences. Charges accrue daily and are payable prior to release/collection. We will take reasonable care of stored items but are not an insurer; additional insurance can be arranged at your request and cost.

18. Law and jurisdiction

These Conditions of Sale are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict-of-law rules.

Subject to any non-excludable consumer forum rights, disputes are subject to the exclusive jurisdiction of the courts of New South Wales.

Nothing prevents either party seeking urgent injunctive or interim relief from any competent court.

19. Miscellaneous

19.1 Assignment: You may not assign your rights without our prior written consent.

19.2 Severability: If any provision is invalid, the remainder remains effective.

19.3 Electronic communications: If you deal with us, you agree to receive electronic communications (email, e-signatures, e-invoices).

19.4 Entire agreement: These Conditions of Sale, any written order summary/confirmation, and our warranty and privacy policies form the entire agreement for your purchase.

19.5 Contact: The Face in Time Pty Ltd, Level 1, 53–55 Sydney Road, Manly NSW 2095, Australia, hello@thefaceintime.com.

Schedule A – Storage & Insurance (Informative Summary)

• Storage fees: Charged per day once the 7-day pickup/delivery window expires; the applicable rate will be notified in writing or published on our website and may vary by item value and duration.
• Insurance during storage (optional): Available on request, charged at cost plus any disclosed handling. If you decline insurance, goods are stored at your risk subject to our reasonable care obligations.
• Release: All accrued storage/insurance charges must be paid in full before release/collection.