1. INTRODUCTION

1.1. These Terms of Use (hereinafter referred to as the Terms of Use) are applied to the services that are provided and goods that are bought/sold via this website by Elwatches (hereinafter referred to as the Company).

1.2. After entering this website the manner of its use and any your relations with the Company shall be governed by these Terms of Use.

1.3. By entering and/or using this website you agree to be bound by the Terms of Use. You unconditionally accept these Terms of Use in full.

1.4. Please read these Terms of Use carefully before using any functions of website or agree for any services of the Company.

 

  1. DEFINITIONS

2.1. The terms in these Terms of Use shall have the following meanings:

2.1.1. Agreement means a purchase-sale agreement concluded between the client and the Company.

2.1.2. Client/you/your means an individual or legal entity that enters into the agreement with the Company.

2.1.3. Confidential Information means conditions of the agreement, information, know-how, ideas, concepts, technology, manufacturing processes, industrial, marketing and commercial knowledge of a confidential nature that includes, but is not limited to, information of a commercial, technical or financial nature which contains amongst other matters; trade secrets, know-how, patent and ancillary information and other proprietary or confidential information, regardless of form, format, media, including and without limitation to written, oral communication etc. that becomes known under these Terms of Use.

2.1.4. Goods mean a watch, watch accessory, jewellery or other goods that are being sold or bought by the Company under the agreement.

2.1.5. Terms of Use mean there terms of use that regulate relations between the Company and clients.

2.1.6. Warehouse means the Company’s warehouse notified to the client by the Company.

2.1.7. Website means the website placed on the internet with the address: elwatches.com.

2.1.8. Working day means a day other than a Saturday, Sunday or public/bank holiday.

 

  1. ACCEPTANCE OF THE TERMS OF USE

3.1. By clicking “Accept”, “Agree”, “Submit” or “Continue” on the website you agree to follow these Terms of Use which apply to all actions carried out via website as well as to all relations between you and Company.

3.2. By accepting these Terms of Use you agree to conclude the agreement with the Company by means of electronic communications, according to all the rights and obligations set out in these Terms of Use.

3.3. The acceptance of these Terms of Use means that you have read, understood and agreed to follow these Terms of Use.

3.4. These Terms of Use are considered to be an offer on the conclusion of an Agreement made by the Company under the conditions provided by these Terms of Use.

3.5. For the receiving of any services, the client shall register on the website. For the registration on the website, the client shall fill in corresponding application forms.

3.6. The clients are able to check the order status and history of orders in the personal cabinet.

 

  1. SUBJECT OF THE AGREEMENT

4.1. In accordance with the conditions of these Terms of Use the client and the Company enter into the agreement.

4.2. Pursuant to the conditions of the Agreement, the Company may sell or buy the goods whereas the client may buy or sell the goods correspondently. The conditions of each separate agreement depend on the consent reached by the parties.

 

  1. SELLING YOUR GOODS TO THE COMPANY

5.1. If you sell any goods to the Company, the conditions below shall be applied to you.

5.2. If you would like to sell your goods to the Company you will need to provide us with details of your goods, including model, make, age, existence of box and/or papers and serial number (if available), by providing details to the Company on the website or other applicable way.

5.3. The order for the selling of goods to the Company can be made by the client in any comfortable way agreed with the Company, including by the website, email, telephone, messenger etc.

5.4. The client shall send the goods to one of the Company’s warehouses notified by the Company’s representative.

5.5. The Company does not bear any liability for the storage of goods during delivery to the Company.

5.6. After receiving the goods from the client, the Company verifies the foods within the reasonable time, but not later than within three months.

5.7. The value for the goods that was offered by the Company before sending the goods by the client shall be considered as approximate. The Company reserves the right to change the offered price after actual revision of the goods. The final value may differ from the initial one.

5.8. If the client or the Company decide to refuse from the Agreement, the Company shall return the goods to the client within five working days from the date of refusal. The Company has the right to extend such term up to two months from the date of refusal.

5.9. If the Company has reasonable grounds that the goods are forged or stolen, the Company transfers the goods to the empowered state authorities for the investigation of the case.

5.10. The Company bears liability for the storage of the goods from the date of receiving to the date of shipping (in case of return).

5.11. All costs connected with transportations of the goods to the Company are paid by the client. Such costs are compensated by the Company to the client with payment of the remuneration for the goods.

 

  1. BUYING OF THE COMPANY’S GOODS

6.1. If you buy any goods from the Company, the conditions below shall be applied to you.

6.2. The order for the buying of goods can be made by the client in any comfortable way agreed with the Company, including by the website, email, telephone, messenger etc.

6.3. The order for the buying of goods is considered as accepted by the Company only after its confirmation.

6.4. The client shall make the full payment of the funds for the goods within three days after the confirmation of the order by the Company. In any event the Company must receive full and cleared funds for the goods prior to dispatch of the goods.

6.5. Usually, the goods are shipped by the Company within five working days from the date of crediting the funds to the bank account of the Company. The Company has the right to extend such term up to two months from the date of crediting the funds to the bank account of the Company.

6.6. If there is a reasonable requirement on the return of funds, the Company considers such requirement and returns such funds to the client. The Company makes best efforts to return the funds within the reasonable time, but not later than three months. The return of the funds is fulfilled only to the same client’s bank account that was used for the payment for the goods.

6.7. The return of the funds for the goods shall be considered as fulfilled by the Company from the date of withdrawal of the funds from the bank account of the Company.

6.8. Delivery of the goods in Europe countries is included in the value of such goods.

6.9. Delivery of the goods in outside Europe with the value more than 1 000 EUR is already included in the value of such goods. For the delivery of the goods with the value less than 1000 EUR, the client shall pay an additional delivery fee in the amount of 70 EUR.

6.10. Prices on the website do not include any applicable taxes. If there are any taxes applied, the price of goods shall be increased for the amount of such taxes.

 

7. CONFIRMATIONS

7.1. You confirm that you are a full-aged person (at least 18-years old) and you have the full legal capacity to enter into the agreement.

7.2. You confirm that all the information supplied by you, to us, is true, accurate and complete.

7.3. You confirm that have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the goods, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the goods.

7.4. If you sell any goods to the Company, you confirm that the goods are your property and that you are entitled to sell the goods free from any charge, lien, burden or adverse claim, including any hire purchase or other credit arrangement. In particular:

  • the goods has not been reported to the manufacturer, police or any other authority as lost or stolen;
  • the goods is not subject to an undisclosed finance agreement; and
  • no other person has any claim to the goods, whether legal, equitable, possessory or otherwise.

7.5. You confirm that the goods have not been altered or tampered with.

7.6. You accept that every element in the description of the goods, including its make, model and serial number, is critical to its identification and valuation, and that the absence, inaccuracy, or non-fulfilment of any such element renders the goods in the perception of us and you radically and fundamentally different from the goods that you have agreed to supply.

7.7. You confirm that the goods, serial number and documentation are original, genuine and accurate.

 

8. CUSTOMS & IMPORT/EXPORT OBLIGATIONS

8.1. If you are based outside of the state where the Company’s warehouse is placed, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your goods incorporate particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your goods in this regard. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your goods to us. We shall not be liable to you if you fail to comply with these obligations.

 

  1. ORDER OF PAYMENTS

9.1. We accept payment by bank transfer. We will advise you of our account details prior to accepting any order.

9.2. The payment obligations of the client shall be considered as fulfilled from the date of crediting the funds to the bank account of the Company.

9.3. All bank costs shall be borne by the client.

 

10. FRAUDULENT PAYMENTS

10.1. If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any goods and we will not carry out any refunds until authorised by your bank.

 

11. LIEN

11.1. Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.

 

  1. OUR RIGHT TO CANCEL

12.1. In certain circumstances, we may have to cancel an order before the goods are delivered. We will contact you as soon as possible if this happens.

12.2. If we have to cancel an order and you have made any payment in advance for goods that have not been delivered to you, we will refund these amounts to you within the reasonable time, but not later than three months.

 

13. LOSS OR DAMAGE

13.1. If any goods you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the goods based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the goods or the trade valuation price (whichever is applicable) at the time the goods was lost or damaged less any of our costs including without limitation servicing fees.

 

  1. HISTORICAL INFORMATION

14.1. The website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We may modify the content of the website from to time, in our sole discretion. You agree that it is your responsibility to monitor changes to the website.

 

  1. WARRANTY

15.1. Some of the goods we sell come with a manufacturer’s warranty. For details of the applicable terms and conditions for your goods, please refer to the paperwork provided with the goods or to the manufacturer’s website.

15.2. The Company provides a 5-year warranty for the goods. In the warranty case, you should apply to the Company for receiving additional information. In the warranty case, the Company shall change the goods or perform its guaranteed repair. If the repair is not possible, the Company returns the value of the goods. The Company does not provide a warranty for the goods if such goods were damaged by the client or used in an inappropriate way.

 

  1. BRACELETS SIZES

16.1. Given the nature of our goods, bracelet sizes may vary. The client bears all risks connected with the sizes of the bracelets. You should make sure that the bracelet size fits you before making an order.

 

  1. INTELELCTUAL PROPERTY

17.1. All intellectual property and any other property rights on trademarks, codes, service marks, copyrights, trade and business names, Confidential Information and any other IP rights objects that are published on the website are owned by the Company, its affiliates, associates, business partners or service providers.

17.2. No provision of these Terms of Use can be considered as one that grants to the client with any intellectual property rights, license or right to use any of the above-mentioned objects, except the right of access to and use of the website for the receiving services and buy/sell goods as provided hereby.

17.3. You shall not, without the written approval of the Company:

17.3.1. Use any trade marks in relation to any product, service or merchandise published on the website;

17.3.2. Copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any content on the website in any way or for any purpose;

17.3.3. Distribute or make any part of the website available over any other website or network;

17.3.4. Hyperlink or in-link the website to any website;

17.3.5. Use, frame or otherwise incorporate into another website any of the content or other materials on the website;

17.3.6. Use, dismantle or copy any of the website’s code.

17.4. In the event of an unauthorized use of IP rights objects, the client will be obliged to compensate for all and any damages and losses caused by such a violation of IP rights.

 

  1. CONFIDENTIAL INFORMATION

18.1. Clients recognize that the conditions of the agreement as well as all matters connected with its fulfilment are the Confidential Information. All Confidential Information shall be kept strictly private and may only be used solely for the purposes fulfilment of the agreement.

18.2. The clients and any other users of the website shall keep the Confidential Information secret and not disclose it to any third parties without the consent of the Company.

 

  1. DISCLAIMERS

19.1. The website is provided according to the general international principle of the “as is” and “as available” basis. The Company gives no warranty that the services and website are free of defects and/or any other faults. To the maximum extent permitted by the laws we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The clients and other users accept and agree to all legal and property risks connected with such possible defects and/or faults.

19.2. The Company does not provide any warranty or guarantee that the website will meet your expectations, that it will be of satisfactory quality or that it will be fit for a particular purpose. 

19.3. The Company takes all reasonable steps to ensure that the website is secure and free from viruses and other malware, however the Company does not guarantee that the website is secure or free from viruses or other malware and will not accept any liability in this regard. You are responsible for protecting your data and other material from viruses, malware, and other internet security risks as far as is reasonably possible.

19.4. Information displayed on this website including, without limitation, prices, appraisals, and/or other financial information, is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any transaction based upon information obtained through the website, you should consult with a financial professional or engage in additional market research. If applicable, location data provided by any services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by the website. The information and all other materials available via the website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate or take professional advice on the accuracy and completeness of all information, statements, opinions and other material available through the website.

 

  1. LIMITATION OF LIABILITY

20.1. To the fullest extent permitted by applicable laws, the Company, its employees, partners, agents, directors, shareholders, and/or contractors, expressly exclude and disclaim liability for any and all losses, damages and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, personal injury, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with or related to your use or inability to use the website or provided services including, but not limited to, your use or reliance upon the estimated market prices or any quotes. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to the clients from such jurisdictions. The information and materials in this website are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials do not necessarily reflect the opinions of the Company or any of its affiliates or agents. These materials are not guaranteed or represented to be complete, correct or up-to-date. You may not act or rely on any information or materials in this site and you particularly should not make any investment decisions based on any information or materials in this website. You must independently verify the accuracy of all such information and materials before acting or relying thereon or making any investment decisions in connection therewith. These materials may be changed from time to time without notice.

 

  1. APPLICABLE LAW

21.1. All activity of the website and relations with the Company are governed by the valid legislation of the state at the place of incorporation of the Company. Any business connected to conclusion, validity, making amendments, termination and fulfilment of the Agreement, is governed by the valid legislation of the state at the place of incorporation of the Company.

 

  1. DISPUTE RESOLUTION

22.1. Any disputes under these Terms of Use and the agreement, including regarding its conclusion, validity, making amendments, termination, fulfilment etc. shall be resolved via negotiations between the client and the Company.

22.2. If the dispute cannot be resolved via negotiations, the dispute shall be resolved by the empowered court at the place of location of the Company.

 

  1. NO PARTNERSHIP

23.1. Any provisions of these Terms of Use and relationships between the client and the Company do not constitute and cannot be considered as those that create a partnership.

 

  1. SEVERABILITY / NON-WAIVER

24.1. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision, and a waiver by us of any right under this agreement will not, in any way, constitute a waiver of such right or any other right on any other occasion. In the event any provision of this agreement, including Terms of Use, is determined to be invalid, such invalidity will not affect the validity of the remaining portions of the agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.

 

  1. FORCE MAJEURE

25.1. The Company shall be released from any liability for the complete or partial non-fulfilment or improper fulfilment of obligations provided by the agreement, including these Terms of Use, if it has occurred as a result of force majeure circumstances.

25.2. Force majeure circumstances should be understood as any external circumstances that arose through no fault of the Company, which were not of its will, or contrary to its will and which could not be foreseen or avoided, including natural disasters (earthquakes, floods, hurricanes, destruction due to lightning, etc.), public life circumstances (military actions, public disturbances, epidemics, pandemics, strikes, etc.) that prevent or make it impossible for the Company to fulfil its obligations.

25.3. Force majeure shall not be the reason for the unilateral termination of the agreement by the clients. Fulfilment of the duties of the Company provided by the Terms of Use shall be temporarily suspended during the period of force majeure circumstances, and shall be restored after their end.

 

  1. PERSONAL DATA

26.1. By submitting their Personal Data and documents, the user consents to the Company processing such information and documents for the purpose of providing the services as set out in these Terms of Use.

 

  1. ELECTRONIC COMMUNICATION

27.1. When you use the website, services or send emails to the Company, you provide your consent for receiving all notifications, documents by means of electronic communication. You consent to receive ads and other information notifications from the Company about its products. The Company will communicate with you by email or by posting notices on the website or by other means agreed by the parties. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. TERMINATION OF THE AGREEMENT

28.1. The Agreement shall be considered as valid till full performance of all obligations by the parties.

28.2. The Agreement can be terminated:

28.2.1. By the mutually consent of the parties;

28.2.2. Without any reason by the Company unilaterally by notification of the client;

28.2.3. By the client in case if the Company has changed the offered price after verification of the goods.

 

  1. MAKING AMENDMENTS

29.1. These Terms of Use can be changed by the Company unilaterally by publishing a new version of the Terms of Use on the website.

29.2. The new version of the Terms of Use gains legal force from the moment of its publishing of the website.

29.3. The clients and any other users are considered to be acquainted with the Terms of Use from the moment of publication on the website.

 

30. TRANSFER OF OUR RIGHTS AND OBLIGATIONS

30.1. We may transfer our rights and obligations under these Terms of Use to another person without your consent, but we will always notify you in writing if this happens.

 

  1. CONTACT INFORMATION

31.1. If you have any questions regarding this website or services provided hereby, please contact with the following information:

31.2. Email:    [email protected]