Agreement Between User and www.watchrepairco.com
Welcome to www.watchrepairco.com. The www.watchrepairco.com website (the “Site”) is comprised of various web pages operated by Watch Repair & Co. (“Watch Repair & Co.”) www.watchrepairco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.watchrepairco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.watchrepairco.com is an E-commerce Site
Watch Repair & Co. repairs, polishes, engraves and sells watches, jewelry and accessories.
Electronic Communications
Visiting www.watchrepairco.com or sending emails to Watch Repair & Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Watch Repair & Co. is not responsible for third party access to your account that results from theft or misappropriation of your account. Watch Repair & Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Watch Repair & Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.watchrepairco.com only with permission of a parent or guardian.
Links to Third Party Sites / Third Party Services
www.watchrepairco.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Watch Repair & Co. and Watch Repair & Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Watch Repair & Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Watch Repair & Co. of the site or any association with its operators.
Certain services made available via www.watchrepairco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.watchrepairco.com domain, you hereby acknowledge and consent that Watch Repair & Co. may share such information and data with any third party with whom Watch Repair & Co. has a contractual relationship to provide the requested product, service or functionality on behalf of www.watchrepairco.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.watchrepairco.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Watch Repair & Co. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Watch Repair & Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Watch Repair & Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Watch Repair & Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Watch Repair & Co. or our licencors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Watch Repair & Co. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Watch Repair & Co. Content accessed through www.watchrepairco.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Watch Repair & Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Watch Repair & Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Watch Repair & Co. in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WATCH REPAIR & CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WATCH REPAIR & CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WATCH REPAIR & CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATCH REPAIR & CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WATCH REPAIR & CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination / Access Restriction
Watch Repair & Co. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Watch Repair & Co. as a result of this agreement or use of the Site. Watch Repair & Co.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Watch Repair & Co.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Watch Repair & Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Watch Repair & Co. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Watch Repair & Co. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Watch Repair & Co. reserves the right, in its sole discretion, to change the Terms under which www.watchrepairco.com is offered. The most current version of the Terms will supersede all previous versions. Watch Repair & Co. encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Watch Repair & Co. welcomes your questions or comments regarding the Terms:
Watch Repair & Co.
20 W 47th St #607
New York, New York 10036
Email Address:
[email protected]
Telephone number:
212-768-4700
The Following is ONLY Applicable to Watch Repair.
Online Repair Form
In order to ensure service, the customer must agree to the terms and conditions stated on this site. The customer must fill out the online repair form available on our site at www.watchrepairandco.com/repair and include with each watch sent. Limit one watch per repair form. We are not responsible for shipping and handling charges or for any damages or harm done to a watch during shipping. For special care instructions, special brands, or replica watches, please contact our customer service to discuss before proceeding.
Shipment Procedure
If the job estimate is not approved:
If work is not performed, the customer will be obligated to pay return shipping and insurance (a flat rate of $19.95 for watches at a value up to $5,000 and $29.95 for watches at a value over $5,000).
If the job estimate is approved:
If we agree on a job, return shipping is covered by us (Domestic addresses only).
Your finished watch will be returned to you via UPS, FedEx, or United States Postal Service with Adult Signature Required and insured for the value that the customer specified in the watch repair form.
We are not liable for watches that are lost, stolen or damaged during shipment to our facilities. In the unlikely event that a watch is lost, stolen or damaged from our facilities, we cannot refund the cost of repair. However, we insure all our packages through ParcelPro or the United States Postal Service, and you will be refunded the value of the watch as written by the customer in the watch repair form once your claim has been processed.
Watch Repair & Co. carefully documents the condition of each watch upon arrival and departure for our records to ensure quality and to cover any liability of our workers.
Limitation of Liability
By sending item(s) for repair, customer agrees that Watch Repair & Co., its agents and representatives (“WRC”) are accepting the item(s) solely for the purpose of repair. WRC shall not be responsible for loss, damage, or theft of the item(s) unless due to WRC’s sole negligence. Any damage or loss due to WRC’s sole negligence will be limited to the actual cost to repair or replace the item(s) of comparable value and is not to exceed the sum of $75.00 or such higher value as may be declared by customer in writing in advance. In no event will WRC be liable for other damages, including loss of use, or other incidental or consequential damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to customer. New York law shall govern. All disputes shall be resolved in New York County, New York. In no event shall WRC be responsible for items unpaid more than 60 days past notification of completion.
Limited Warranty and Exclusions
6-Month Warranty on Vintage Watches
All vintage watches repaired by Watch Repair & Co. are covered by a 6-month limited warranty, beginning from the official repair completion date. Should you experience problems related to the repair done by Watch Repair & Co., you will need to return the watch to us so we can analyze and fix the problem.
The warranty only covers faulty repair or problems occurring as a result of the repair. It does not cover problems caused by normal wear and tear or by negligence on the part of the owner or if the owner opens, tampers with, or takes apart the watch.
Not covered by warranty:
- electrical components.
- winding and setting parts
- balance staff
- water damage, unless we have pressure certified the watch during the repair.
1-Year Warranty on Modern Watches
All modern watches repaired by Watch Repair & Co. are covered by a 1-year limited warranty, beginning from the official repair completion date. Should you experience problems related to the repair done by Watch Repair & Co., you will need to return the watch to us so we can analyze and fix the problem.
The warranty only covers faulty repair or problems occurring as a result of the repair. It does not cover problems caused by normal wear and tear or by negligence on the part of the owner or if the owner opens, tampers with, or takes apart the watch.
Not covered by warranty:
- electrical components.
- winding and setting parts
- balance staff
- water damage, unless we have pressure certified the watch during the repair.
Revised as of: May 23, 2013