Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Swiss Timepieces members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Swiss Timepieces account User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Offer, sell, and buy
We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Swiss Timepieces is not responsible for the acts or omissions of users on the Site.
Listing and Selling.
Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Without limiting any other remedies, Swiss Timepieces may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (or any items listed) and your activities on the Site shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of counterfeit or stolen items;
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- Link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are identical to other items you have up for sale but are priced lower than your item's (c) are concurrently listed for sale on a web site other than S.T.P.Swiss Timepieces (this does not prevent linking to or advertising an S.T.P.Swiss Timepieces item from another web site); or (d) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Prohibited and Infringing Items.
Federal law regulates the sale of batteries containing mercury, and pursuant to that law, Swiss Timepieces does not allow the sale of these types of batteries.
Stolen Items (Watches) or counterfeit Brand Names
Sellers should take steps to satisfy themselves that their items are authentic before listing them on Swiss Timepieces. If you cannot verify the authenticity of an item, do not list it.
Catalog and URL Sales.
Listings of URLs that offer buyers the opportunity to purchase items outside of Swiss Timepieces are prohibited.
Listings of catalogs from which buyers may directly order items are prohibited. In these situations, the seller will typically offer the catalog for a low prices and complete sales outside of Swiss Timepieces for items found in the catalog.
Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Swiss Timepieces by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Swiss Timepieces and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase, solicitation of offers to purchase, and sale of items.
You and Swiss Timepieces are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes.
In the event a dispute arises between you and Swiss Timepieces, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Swiss Timepieces agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Swiss Timepieces may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Marin County, California or where the defendant is located (in our case San Rafael, California, and in your case your home address or principal place of business). You and Swiss Timepieces agree to submit to the personal jurisdiction of the courts located within the County of Marin County, California.
Alternative Dispute Resolution. Alternatively, Swiss Timepieces will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Marin County, California or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Swiss Timepieces.
URLs of Buyers overview.
Members are not allowed to interfere with another member's transaction. Members may not contact a seller and offer to purchase a listed item outside of Swiss Timepieces. Members are not permitted to email buyers in an open or completed transaction to warn them away from a seller or item.
Rules of sellers overview.
Familiarize yourself with Swiss Timepieces listing policies before posting an item. You'll have a safe and fun selling experience knowing that your listing complies with community standards and guidelines.
Listings that violate Swiss Timepieces policies may result in disciplinary action. This action may include a formal warning, the ending of all violating listings, or even temporary or indefinite suspension of a user's account. Swiss Timepieces will consider the circumstances of an alleged offense and the user's trading records before taking action.
Welcome to the Buying Safely section of the Swiss Timepieces Web Site. This section provides resources and tips for buyers to have a safe trading experience on Swiss Timepieces.
Verifying a name, city, and phone number before you send payment can be helpful for feeling confident about your seller and following up later with a phone call if there is a problem.
Contacting the Buyer.
Like you, buyers sometimes have emergencies, illnesses, or computer problems. Your buyer may not be able to respond to you right away for legitimate reasons.
If you don't get an email response, you can request your buyer's phone number. Sometimes a phone call helps make communication easier.
As an Swiss Timepieces buyer, we recommend that you take the following steps to ensure that your experience is successful:
- Use common sense.
- Ask your seller questions before buying an item, by using the Ask Seller\u2019s E-Mail Address
- Check refund and return policies.
- Confirm authenticity of the item.
- Know the shipping charges before you buy.
- Insure your item.
- Verify your seller's contact information before sending payment.
- Make sure your method of Payment offers protection.
- Avoid transactions where the seller only accepts cash or instant cash wire transfer.
- Avoid unsolicited offers.
- Use a bonded and licensed escrow service for items over $500.
- Use extra caution with International transactions.
- High dollar and popular items.
- Keep a record of all purchases.
Note: Only Watch related items are permit to Trade (sale)