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TERMS AND CONDITIONS
Welcome to TheWatchery.com (the “Site”). The Site is the property of Swiss Watch International, Inc. (together with its affiliated companies) and these Terms and Conditions govern your use of the Site. By shopping at TheWatchery.com, you accept and agree to these Terms and Conditions.
1. Electronic Communications. When you visit TheWatchery.com, make a purchase on the Site, or send e-mails to us, you are communicating with us electronically. We will communicate with you primarily through e-mail. Pursuant to the Uniform Electronic Transaction Act, all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Use of Site. TheWatchery.com grants you a limited license to view and make use of the Site for personal shopping use only. This license does not allow you to download, cache, copy, or compile information from the Site including, but not limited to, product listings, descriptions, or prices for the benefit of another merchant or business entity. The Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, or exploited for any commercial purpose without the express written consent of TheWatchery.com. You may create a hyperlink to the Site so long as the link does not portray TheWatchery.com, or its products or services, in a false or derogatory manner.
3. Your Account. Certain features on the Site require you to first register an account. You are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your account. You may be held liable for any purchases made under your account. You agree to immediately notify TheWatchery.com of any unauthorized use of your account or of any other security breach of your account. You also agree that TheWatchery.com may, in its sole discretion and without prior notice to you, terminate your account or access to the Site for any reason including, but not limited to, (1) failure to pay for purchases, (2) late payments under a Stress-Free Payment Plan, (3) suspected or actual unauthorized use of the Site, or (4) violation of any of these Terms and Conditions. You agree that TheWatchery.com will not be liable to you or any third party for termination of your access to the Site.
4. Disclaimer of Warranties. Use of the Site is entirely at your own risk. Except as expressly set forth below or in a written warranty that accompanies a product (and then only with respect to such product), TheWatchery.com expressly disclaims all representations and warranties of any kind either express or implied (including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy and availability) regarding the Site and any products offered or available through the Site. TheWatchery.com does not warrant that information contained on the Site will be accurate, reliable or error free, or that defects will be corrected. TheWatchery.com cannot be held responsible for errors and omissions in the Site and reserves the right to modify and correct errors at any time. We do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice. Material on the Site may also contain technical inaccuracies or typographical errors (including pricing errors), and may be changed, updated, or modified at any time and from time to time without notice. TheWatchery.com will not be liable or responsible for any such inaccuracies, errors, changes, or updates. TheWatchery.com may in its sole discretion add, delete, or change some or all of its products and services at any time. TheWatchery.com has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, TheWatchery.com cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
5. Limited Liability. The Site and products and information on the Site are provided on an “as is-where is” basis. Neither TheWatchery.com nor its subsidiaries, affiliates or any of their respective employees, agents, directors, employees, representatives, shareholders, predecessors, successors, or assigns (collectively, “Affiliates”) will be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from use of the Site, the information contained on or transmitted from the Site or products available or purchased through the Site, or transactions conducted at the Site, even if TheWatchery.com has been advised of the possibility of such damages or losses. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you. In no event shall the total liability of TheWatchery.com or its Affiliates arising directly or indirectly from this Site or any products available or purchased through the Site exceed the lesser of the amount paid by you to TheWatchery.com for the single product at issue, or one thousand dollars ($1,000.00). You hereby acknowledge that all the provisions of this section will apply to all use of the Site, the information contained on the Site, and products available or purchased through the Site, and transactions conducted at the Site.
6. Intellectual Property. All content and media on the Site including, but not limited to, text, photos, graphics, videos, logos, icons, and HTML code, is either owned by or licensed to TheWatchery.com and is protected by copyright, trademark, and trade dress law. TheWatchery.com is registered trademarks of ILS Holdings, LLC and are used with permission. All other registered trademarks are property of their respective owners. The use of TheWatchery.com without express written permission is strictly prohibited.
7. Contests. No entry fee or proof of purchase is required as a condition of entering any contest on the Site.
8. Payment Terms, Credit Cards, and Conditions of Sale. All payments via credit must be made by Visa, MasterCard, American Express, or Discover Card. To purchase any goods and/or services with a credit card on our website, you must provide us with a valid credit card number and associated payment information including all of the following: (1) your name as it appears on the card, (2) your credit card number, (3) the type of credit card, (4) the date of expiration and (5) any card security code (commonly known as “CVV2”) needed to charge your card. By submitting this information to us, you hereby agree that you authorize us to charge your credit card the amount of your purchase including any applicable shipping charges and taxes. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement to determine your rights and liabilities as a cardholder. You, and not TheWatchery.com, are responsible for paying any unauthorized amounts billed to your credit card by a third party. Unless you notify TheWatchery.com of any discrepancies within thirty (30) days after they first appear on your credit card billing statement, you agree that all credit card charges will be deemed accepted by you for all purposes. If TheWatchery.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by TheWatchery.com or its agents. Payment is also accepted by check. Any dishonored checks will be assessed a fee of $20.00 or the maximum allowed by law. By sending your personal check, you are authorizing TheWatchery.com to use the information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. No additional amount will be added to the original authorized amount. Regardless of the method of payment, you agree to pay all fees and charges incurred in connection with your purchases (including any applicable shipping charges and taxes) at the rates in effect when the charges were incurred. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. TheWatchery.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Florida and California.
9. Risk of Loss. All orders placed on TheWatchery.com are made pursuant to a shipment contract. Therefore, title and the risk of loss passes to you, the buyer, upon our tender of the goods to the shipping carrier.
10. Stress-Free Payment Plan. TheWatchery.com offers Stress-Free Payments which is an easy, finance-free, 0% interest monthly payment plan. During checkout, if your item has the option available, just select the Stress-Free Payment option. Once the order is placed, shipping, tax, and the initial payment will be collected. The remaining balance is then automatically billed to your credit card in equal monthly payments from the day the order was placed. Please note that Stress-Free Payments can only be used with credit card payments. Gift cards and some order level promotions cannot be used in conjunction with Stress-Free Payments. Some Stress-Free Payment orders will remain pending until credit approval via a credit check. Customer support may contact you for additional information if required. A schedule of payments on the designated dates will arrive on the web confirmation page and in your email receipt. Please keep this for future reference. By participating in the Stress-Free Payment Plan, you are authorizing TheWatchery.com to charge your credit card monthly installments. It is your responsibility to maintain a valid credit card on file. If you fail to do so, and you become past due on your Stress-Free Payments, you authorize TheWatchery.com to charge any alternative form of payment including, but not limited to, any credit cards or gift cards on file, for the past due amount. All items remain the property of TheWatchery.com until paid in full. In the event of non-compliance with the Stress-Free Payment Plan terms or fraudulent use of funds, TheWatchery.com reserves the right to appear at the purchaser’s or receiver’s premises and take possession of the said merchandise without prior consent or notice. For more information regarding collections and Stress-Free Payment Plan inquiries please contact the customer service department at 954-983-2181 or email us at customerservice@TheWatchery.com.
12. Applicable Law. These Terms and Conditions shall be governed by, construed, and interpreted according to the laws of the State of Florida, and you and TheWatchery.com agree to and consent to the exclusive jurisdiction and venue of the courts in Broward County, Florida. The prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs.
13. Sharing. TheWatchery.com gives you access to third party partners to provide you with certain services. TheWatchery.com will provide that third party with your transaction information and then that third party will collect additional information if needed to provide you with the requested service, such as outside shipping company to ship orders, and a credit card processing company to bill users for goods and services.
We reserve the right to transfer any and all information that we collect from users of the site to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the assets or stock (including without limitation in connection with any bankruptcy or similar proceedings) relating to TheWatchery.com.
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