DESCRIPTION OF SERVICES
Watch Central provides users with access to watch repair and related services (“the Service”).
LICENSE AND SITE ACCESS
Watch Central grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Watch Central sole discretion) an unreasonable or disproportionately large load on Watch Central’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Watch Central to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Watch Central.
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Watch Central for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Watch Central account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Watch Central DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Watch Central BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Watch Central AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Watch Central HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You will indemnify and hold harmless Watch Central from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Watch Central and such parties, and shall defend Watch Central and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Watch Central will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Watch Central.
Watch Central shall be excused from performance under these T & C, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Watch Central. In the event that Watch Cetral is temporarily unable to ship to you a purchased item because of such an event, Watch Central will give you the option of deferring shipment or receiving a refund of your charges.
The Site, Service or third parties may provide links to other websites or resources. Because Watch Central has no control over such sites and resources, you acknowledge and agree that Watch Central is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Watch Central shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
MODIFICATION AND NOTIFICATION OF CHANGES
Estimate & Cost of Repair
Once we receive your watch, our watchmakers will conduct an inspection to provide an estimated cost and timeline for your repair work. There is no cost associated with an estimate. Watch Central will not proceed with any repair work until we have the full consent of the client.
Watch Central will not initiate any repair work until receiving client approval.
Guarantee of Repair
Watch Central does not guarantee that we can repair your watch. Our watchmakers will first examine your watch to determine if the repair can be completed, and how much the repair will cost. Watch Central cannot always return parts that are removed during the repair to the customer. Certain watches require old parts to be exchanged in order to purchase new parts. We cannot guarantee a repair time for repairs but can provide general guidelines and time estimates for most repairs. Please note that all parts, straps, buckles, and others, are often ordered direct from manufacturers are are therefore not refundable once approved by the customer.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Watch Central does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use
Watch Central provides free and insured shipping for all completed repair jobs. Shipments outside the United States must be paid for by the customer. Watch Central does not ship to P.O. boxes. Watch Central requires an adult signature for all packages
We cannot guarantee the time of delivery. If you are not available to receive the delivery after three attempts, the package may be returned to us. You will then be responsible for the second shipping cost.
Watch Central is not responsible for:
Items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the customer.
Delays in delivery due to the fault of the delivery service contracted.
Deliveries of watches that were shipped without Adult Signature require (see “Return Shipping” above.
Watch Central does not collect sales tax on shipments to states where we do not have a business presence. This likely does not release you from tax responsibility. You should check with your local and state taxing authorities to determine your responsibility for claiming your purchase for proper use tax reporting.
Site Security and Lawful Use
You may use our site for lawful purposes only. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site.
Your use of the information provided on this Web site is for informational, personal, and noncommercial purposes only. You may not modify any portion of the content of this site. You do not have permission to copy the design elements, look and feel, or layout of the Web site. These elements are also protected by copyright law, and may not be copied or imitated in any manner. You do not have permission to copy or distribute the graphics contained in this Web site either in conjunction with or separately from their accompanying text. No right, title or interest is conferred by the use or display of this Web site or any of its elements or the content that it contains.
Shipping and Insurance
Customer is responsible for all inbound shipments. Please review our instructions for protecting your watch during transit. Watch Centrals recommends USPS Priority or Registered Mail for inbound shipping, and also will accept packages sent by Federal Express or UPS. Regardless of the courier selected, you must insure your watch for its replacement value, and send it with delivery confirmation and ‘signature required.
If, in the judgment of Watch Central, your watch cannot feasibly be repaired due to lack of access to necessary parts or labor, we will return the watch to you at our expense.
In the event that you do not wish to proceed with a repair, and do not wish for us to ship it back to you, we will hold onto the un-repaired watch for a period of 12 months in case you change your mind regarding either the repair or the return shipment. After 12 months, your watch will be considered abandoned and will be retained by Watch Central.
For visitors to communicate with us and for us to act on visitor requests that are made as a part of these communications, certain personally identifiable information that is key-entered by our visitors is used for purposes of these transactions.
For example, for visitors to contact us with questions they may have about our services, they are required to enter their first and last names and e-mail addresses. By providing us with this information, our customer service representatives can communicate with visitors to respond their inquiry.
For visitors to partake in our watch estimate and repair services, visitors are required to enter their first and last names, email address, telephone number, mailing address, and details of the condition of their watch. To sign up to receive our mailings and other communications, visitors are required to enter their first and last names, and their email addresses.
This information is used only for those purposes for which it was provided. We do not share this information with third parties. We do use e-mail addresses and/or mailing addresses to communicate with our visitors regarding our products and services and our special events that may be of interest to them. If we do send you such marketing communications, you have the opportunity to opt out of receiving such information in the future.
Our visitors also have the opportunity to update or to correct any inaccuracies in their contact information.
Warranty + Insurance Claims
Please review our Watch Central Warranty, which governs all services performed by Watch Central. If you are dissatisfied with the quality of the service performed, you must contact Watch Central within seven days of receiving your repaired timepiece.
If you are going to value your watch at a specific amount, it is your responsibility to defend this amount with a formal appraisal by a third party () and/or with a receipt for the watch when purchased new. The “new” value of your watch may not be allowed as evidence of its current depreciated replacement value.
If you use this site, you are responsible for maintaining the confidentiality of your account and password/repair job number, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Watch Central does sell products or services for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Watch CentralWatchRepair.com only with involvement of a parent or guardian. Watch Central reserves the right to refuse service, terminate accounts, remove or edit content, or cancel service or orders in its sole discretion.
Notice of Limited Liability
Watch Central and Watch Central , including its subsidiaries, affiliates, officers, agents and other partners and employees, accept no responsibility for the condition or identification of watches upon receipt. Watch Central is not liable for damages related to products sold or the operation, content or use of our site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind. Items are submitted to Watch Central for repair only. We accept NO responsibility for loss, damage or theft unless said loss is due to our negligence. It is to be understood and agreed that Watch Central will not assume or accept liability and will be held harmless for loss and damage by an inherent cause or a natural condition therein. Any loss, damage or theft will be LIMITED to the cost of repair or replacement of item(s), but WILL NOT EXCEED $3000 or the amount of your insurance deductible, whichever is less. Should no value be listed, the store liability will be LIMITED to $75.00.
All articles which are antique, irreplaceable, fragile, of a brittle nature or susceptible to damage from light, heat moisture, or cause by an inherent condition are accepted on condition that the customer accepts all risks with respect to any services requested to be performed.
By using our site, you agree to indemnify and hold Watch Central, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our site, including providing a link to another site or uploading any content to our site.
PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Watch Central respects the intellectual property of others, and we ask our users to do the same. Watch Central may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Watch Central’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Watch Central’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
1177 Avenue of the Americas, 5th Floor
New York, NY 10036
By email: firstname.lastname@example.org
Watch Central may update these addresses from time to time.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Not withstanding any other of this T & C, or any general legal principles to the contrary, any provision of this T & C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T & C.