Welcome to eWatches.com (the “Site”). The Site is the property of Swiss Watch International, Inc. (together with its affiliatedcompanies) and these Terms and Conditions govern your use of the Site. By shopping at eWatches.com, you accept andagree to these Terms and Conditions.
- Electronic Communications. When you visit eWatches.com, make a purchase on the Site, or send e-mails to us, you arecommunicating with us electronically. We will communicate with you primarily through e-mail. Pursuant to the UniformElectronic Transaction Act, all agreements, notices, disclosures, and other communications that we provide to you electronicallysatisfy any legal requirement that such communications be in writing.
- Use of Site. eWatches.com grants you a limited license to view and make use of the Site for personal shopping useonly. This license does not allow you to download, cache, copy, or compile information from the Site including, butnot limited to, product listings, descriptions, or prices for the benefit of another merchant or business entity. TheSite, or any portion thereof, may not be reproduced, duplicated, copied, sold, or exploited for any commercial purposewithout the express written consent of eWatches.com. You may create a hyperlink to the Site so long as the link doesnot portray eWatches.com, or its products or services, in a false or derogatory manner.
- Your Account. Certain features on the Site require you to first register an account. You are responsible for maintainingthe confidentiality of your account and password, as well as for restricting access to your account. You may be heldliable for any purchases made under your account. You agree to immediately notify eWatches.com of any unauthorizeduse of your account or of any other security breach of your account. You also agree that eWatches.com may, in itssole 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) suspectedor actual unauthorized use of the Site, or (4) violation of any of these Terms and Conditions. You agree that eWatches.comwill not be liable to you or any third party for termination of your access to the Site.
- Disclaimer of Warranties. Use of the Site is entirely at your own risk. Except as expressly set forth below or in a writtenwarranty that accompanies a product (and then only with respect to such product), eWatches.com expressly disclaimsall representations and warranties of any kind either express or implied (including without limitation, warranties ofmerchantability, fitness for a particular purpose, accuracy and availability) regarding the Site and any products offeredor available through the Site. eWatches.com does not warrant that information contained on the Site will be accurate,reliable or error free, or that defects will be corrected. eWatches.com cannot be held responsible for errors andomissions in the Site and reserves the right to modify and correct errors at any time. We do not honor inaccurate orerroneous prices. Our prices are also subject to change without notice. Material on the Site may also contain technicalinaccuracies or typographical errors (including pricing errors), and may be changed, updated, or modified at any timeand from time to time without notice. eWatches.com will not be liable or responsible for any such inaccuracies, errors,changes, or updates. eWatches.com may in its sole discretion add, delete, or change some or all of its products andservices at any time. eWatches.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, eWatches.com cannot guarantee that suchdepiction will be accurate. The products also may appear larger or smaller than their actual size depending on yourmonitor. Some photographs have been enlarged to show detail.
- Limited Liability. The Site and products and information on the Site are provided on an “as is-where is” basis. NeithereWatches.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 forany indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly fromuse of the Site, the information contained on or transmitted from the Site or products available or purchased throughthe Site, or transactions conducted at the Site, even if eWatches.com has been advised of the possibility of suchdamages or losses. Some states do not allow the exclusion or limitation of liability for consequential or incidentaldamages so the above limitation or exclusion may not apply to you. In no event shall the total liability of eWatches.comor its Affiliates arising directly or indirectly from this Site or any products available or purchased through the Siteexceed the lesser of the amount paid by you to eWatches.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 informationcontained on the Site, and products available or purchased through the Site, and transactions conducted at the Site.
- 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 eWatches.com and is protected by copyright, trademark,and trade dress law. eWatches.com is registered trademarks of ILS Holdings, LLC and are used with permission. Allother registered trademarks are property of their respective owners. The use of eWatches.com without express writtenpermission is strictly prohibited.
- Contests. No entry fee or proof of purchase is required as a condition of entering any contest on the Site.
- Payment Terms, Credit Cards, and Conditions of Sale. All payments via credit must be made by Visa, MasterCard, AmericanExpress, or Discover Card. To purchase any goods and/or services with a credit card on our website, you must provideus with a valid credit card number and associated payment information including all of the following: (1) your nameas 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 tous, you hereby agree that you authorize us to charge your credit card the amount of your purchase including any applicableshipping charges and taxes. Your card issuer agreement governs your use of your designated card, and you must referto that agreement to determine your rights and liabilities as a cardholder. You, and not eWatches.com, are responsiblefor paying any unauthorized amounts billed to your credit card by a third party. Unless you notify eWatches.com ofany discrepancies within thirty (30) days after they first appear on your credit card billing statement, you agree thatall credit card charges will be deemed accepted by you for all purposes. If eWatches.com does not receive paymentfrom your credit card issuer or its agent, you agree to pay all amounts due upon demand by eWatches.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 bylaw. By sending your personal check, you are authorizing eWatches.com to use the information on your check to makea one-time electronic debit from your account at the financial institution indicated on your check. No additional amountwill be added to the original authorized amount. Regardless of the method of payment, you agree to pay all fees andcharges incurred in connection with your purchases (including any applicable shipping charges and taxes) at the ratesin 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. eWatches.com shall automatically charge and withholdthe applicable sales tax for orders to be delivered to addresses within Florida and California.
- Risk of Loss. All orders placed on eWatches.com are made pursuant to a shipment contract. Therefore, title and therisk of loss passes to you, the buyer, upon our tender of the goods to the shipping carrier.
- Stress-Free Payment? Plan. eWatches.com offers Stress-Free Payment?s which is an easy, finance-free, 0% interest monthlypayment plan. During checkout, if your item has the option available, just select the Stress-Free Payment? option. Oncethe order is placed, shipping, tax, and the initial payment will be collected. The remaining balance is then automaticallybilled to your credit card in equal monthly payments from the day the order was placed. Please note that Stress-FreePayments can only be used with credit card payments. Gift cards and some order level promotions cannot be used in conjunctionwith Stress-Free Payment?s. All Stress-Free Payment? orders are subject to in-house credit approval that won't show upas an inquiry on your credit report and won't affect your credit score. Customer support may contact you for additionalinformation if required. A schedule of payments on the designated dates will arrive on the web confirmation page andin your email receipt. Please keep this for future reference. By participating in the Stress-Free Payment? Plan, youare authorizing eWatches.com to charge your credit card monthly installments. It is your responsibility to maintaina valid credit card on file. If you fail to do so, and you become past due on your Stress-Free Payment?s, you authorizeeWatches.com to charge any alternative form of payment including, but not limited to, any credit cards or gift cardson file, for the past due amount. All items remain the property of eWatches.com until paid in full. In the eventof non-compliance with the Stress-Free Payment? Plan terms or fraudulent use of funds, eWatches.com reserves the rightto appear at the purchaser's or receiver's premises and take possession of the said merchandise without prior consentor notice. Failure to make timely payments may result in your account being turned over to a collection agency in anattempt to collect a debt. For more information regarding collections and Stress-Free Payment? Plan inquiries pleasecontact the customer service department at 954-983-2181 or email us at customerservice@eWatches.com.
- Applicable Law. These Terms and Conditions shall be governed by, construed, and interpreted according to the laws ofthe State of Florida, and you and eWatches.com agree to and consent to the exclusive jurisdiction and venue of thecourts in Broward County, Florida. The prevailing party in any such action shall be entitled to an award of reasonableattorneys' fees and costs.
- Sharing. eWatches.com gives you access to third party partners to provide you with certain services. eWatches.comwill provide that third party with your transaction information and then that third party will collect additional informationif needed to provide you with the requested service, such as outside shipping company to ship orders, and a credit cardprocessing company to bill users for goods and services.
We reserve the right to transfer any and all informationthat 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 connectionwith any bankruptcy or similar proceedings) relating to eWatches.com.