TERMS AND CONDITIONS
In the terms and conditions set forth below (the "Terms and Conditions"), the terms "you" and "your" refer to, as applicable, (i) the person or persons sending a watch or other item or items containing gold, platinum, silver, titanium, other precious metals, gemstones (including but not limited to diamonds, rubies, sapphires and emeralds), or any combination thereof (hereinafter referred to as "Merchandise") to ElegantSwiss Watch Co. ("ElegantSwiss") for sale to, and purchase by, ElegantSwiss or a third-party purchaser (referred to herein as a "Third-Party Purchaser"), for whom ElegantSwiss will act as a facilitator of such sale and purchase or using elegantswiss.com (the "Site"), (ii) the person or persons purchasing a watch or other Merchandise from ElegantSwiss, for whom ElegantSwiss will act as a facilitator of such sale (each such purchase or sale transaction hereinafter referred to as "Transaction") or (iii) the person or persons using the Site. "We," "our," and "us" refer to ElegantSwiss and its successors and assigns.
These Terms and Conditions are binding on every ElegantSwiss customer and shall apply to all business dealings between you and ElegantSwiss, and any Third-Party Purchaser, including, but not limited to, your use of the Site, the Transaction, and any other services provided to you by ElegantSwiss. You hereby make representations and warranties to ElegantSwiss (regardless of whether a Transaction is consummated and whether ElegantSwiss is the purchaser or seller of the Merchandise) and any Third-Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise), and agree to the terms and conditions, in each case as set forth in the Terms and Conditions, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from ElegantSwiss.
TERMS APPLICABLE TO THE PURCHASE OF MERCHANDISE.
The following terms and conditions govern any Transaction relating to the purchase, or attempted purchase, of Merchandise by ElegantSwiss or a Third Party Purchaser.
FOR PURPOSES OF THE TRANSACTION, YOU/CUSTOMER AGREES TO AUTHENTICATE ELEGANTSWISS TO USE HIS INFORMATION. AND TO PREVENT CREDIT CARD FRAUD, ELEGANTSWISS MAY REQUEST ADDITIONAL DOCUMENTATION SUCH AS A COPY OF THE CREDIT CARD AND PHOTO IDENTIFICATION TO VERIFY WHETHER A PURCHASE IS BEING MADE BY THE AUTHORIZED CARDHOLDER! PROVIDING THIS INFORMATION IS OPTIONAL, BUT WE RESERVE THE RIGHT TO CANCEL ANY ORDER IF WE DO NOT GET SUFFICIENT INFORMATION TO VERIFY THE PURCHASE MADE IS ACTUALLY BY THE AUTHORIZED CREDIT CARDHOLDER.
Ownership of Merchandise
If you are attempting to sell Merchandise, you hereby represent and warrant to ElegantSwiss and any Third-Party Purchaser that (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise offered to be sold to ElegantSwiss; (v) you are acting on your own behalf, and not as another’s agent or representative; (vi) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth, cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful, toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (ix) any transaction initiated by you will not cause ElegantSwiss to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America any state or any foreign country; and (x) ElegantSwiss reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for ElegantSwiss to comply with local, state and federal law (which includes Crown& Caliber reporting all Merchandise received to the proper authorities as required by applicable law.)
Describing your Merchandise
You hereby agree that any description of the Merchandise that you provide to us, whether on the quote form, packing slip included in the shipping materials or otherwise, will be true, complete, and accurate at the time you submit such description to us. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described by you and the Merchandise we receive, or if no description of the Merchandise was included in the package used by you to ship the Merchandise, we may suspend or terminate the Transaction without notice to you. We will not repair or replace any replica watch even if the damage occurred during our normal testing and valuation procedures. Notwithstanding anything in these Terms and Conditions to the contrary, in the event that we terminate the Transaction because the Merchandise shipped by you is determined by ElegantSwiss, in our sole discretion, to have an altered/mutilated serial number or to be a counterfeit or a replica copy, we will notify you in writing (which may include notification via email, text message, or other electronic means) and will ship your Merchandise to you, at your cost, within 5 business days of our receipt of your shipping instructions and payment therefore (if a valid account number with the designated shipper is not provided); provided, however, that you hereby agree that ElegantSwiss may dispose of the Merchandise if we do not receive shipping instructions and payment for all shipping costs from you within 30 days of the date on which ElegantSwiss sends you written notice that the Transaction has been terminated. In the event that ElegantSwiss terminates the Transaction due to any other breach of the representations and warranties made by you in connection with your description of the Merchandise, ElegantSwiss will ship your Merchandise to you within 10 business days at our cost by the Shipper shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
Inbound Shipping; Costs; Loss or Damage Guarantee
If ElegantSwiss desires to receive your Merchandise for further inspection we may provide you with a shipping label; however, ElegantSwiss is not obligated to provide you with a shipping label. If you send us the Merchandise using the shipping label we provide, we will purchase insurance to cover your Merchandise in the event it is lost damaged for the mid-range value of your quote, once it is processed by the national courier selected by us to ship the your Merchandise (the "Shipper"). Once your watch is received, it will remain insured for the value of your cash quote. In the event that your package is lost we will require that you provide proof of shipping receipt, provide receipt of proof that goods are lost, and file a claim within 30 days of loss. In the event your package is damaged we will require that you: provide proof of shipping receipt, provide receipt of proof that goods are damaged, demonstrate that the package was not damaged prior to shipping, and file a claim within 30 days of loss. If you believe that you need additional coverage, then it is your responsibility to contact us so that we can provide such additional coverage at our expense before sending us your Merchandise. You can contact us by telephone at (888) 249- 4421 to arrange for additional coverage or for shipping instructions.
For Merchandise shipped from a jurisdiction outside the U.S. or in territories of the U.S. that require importing to the U.S., you can select to send your Merchandise to us using the shipping label we provide, and we will pay for the costs of such shipment, including duties, VAT, etc. You are responsible for abiding by all relevant export and import laws and restrictions. If ElegantSwiss receives your Merchandise, makes you an offer to purchase such Merchandise, and you decline such offer, it will be your responsibility to arrange for and pay for the necessary shipping to return your Merchandise.
Receipt of Merchandise
We record the opening and the contents of each package of Merchandise we receive under HD video surveillance. We will retain the video for at least 30 days after we receive your Merchandise. You may make arrangements with us to order a copy of the video of the receiving and unpacking of your merchandise for an additional fee. We reserve the right, at our sole discretion and without notice to you, to reject any inbound package,. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us.
Any non-OEM (Original Equipment Manufacturer) extras (including, but not limited to generic boxes, aftermarket straps, and third-party materials) will not increase the offer for your watch. They will not be inventoried and will be disposed of when they arrive at our facility.
Determining Our Offer
We will determine our estimate of the value of your Merchandise using factors that we deem to be appropriate. In order to value your Merchandise, we may need to open the watch and remove gemstones and other items from the watch. You hereby authorize us to open the watch, remove gemstones and other items from the watch, and take such other actions as we deem reasonably necessary to accurately value your Merchandise, including without limitation sending your Merchandise, at no cost to you, to a potential Third-Party Purchaser. You hereby further authorize us to perform our standard preparation service (which may consist of cleaning, basic repairs (as we deem appropriate), accuracy calibration, lubrication and pressure testing), and to photograph your Merchandise. You hereby authorize us to communicate with any potential Third-Party Purchaser regarding you and your Merchandise and to disclose all information provided to or obtained by us relating to you and/or your Merchandise to any potential Third-Party Purchaser. Upon processing your Merchandise, we will notify you by email or other electronic means (an "Offer Notice") of our offer or of an offer from a potential Third-Party Purchaser of payment for your Merchandise ("Offer").
Accepting or Rejecting Our Final Offer
You may accept the Offer via the seller portal, which you can access via the link provided in the Offer Notice, within 30 days of the date you receive the Offer Notice. ElegantSwiss may, in its sole discretion, extend the time for acceptance of an Offer. In order to reject the Offer, you must do so via the seller portal. If you reject the Offer, and do not authorize us to hold your Merchandise for a longer period in order to make you another offer, we will ship your Merchandise to you at the address indicated in our records within fifteen (15) business days at no cost to you, and will insure your Merchandise for the full value of the Offer.
Payment for Your Merchandise
We will issue payment for the Merchandise in the amount stated in the Offer, less any fees owed to ElegantSwiss as stated in the Offer (the "Purchase Price"), via the method of payment you selected on the seller portal at the address you provided on or before the later of (i) six (6) business days of your acceptance of the Offer or (ii) fifteen (15) days following our receipt of available funds from a Third Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise).
Returned Merchandise; Outbound Insurance; Costs; Insurance
TERMS APPLICABLE TO THE SALE OF MERCHANDISE.
Risk of Loss; International Shipments
All Merchandise sold by ElegantSwiss is sold pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For Merchandise shipped to a jurisdiction outside the U.S. or in territories of the U.S., you, as the purchaser, are required to pay customs charges, as well as any associated import tax, VAT, or duties. ElegantSwiss is unable to provide specific customs charges for each purchase as policies vary greatly by country. You are encouraged to contact your local customs office for pricing estimates. ElegantSwiss will include a copy of the invoice for the Merchandise with every purchase, and each country will determine applicable fees based upon such invoice. ElegantSwiss will not label an item as a gift or declare a lesser value on the invoice than the purchase price paid. ElegantSwiss will issue a refund of the purchase price actually received by ElegantSwiss, minus all shipping and customs charges incurred as well as a restocking fee in such amount as reasonably determined by ElegantSwiss, for any Merchandise returned to ElegantSwiss by customs officials due to you, as the purchaser, refusing such Merchandise at customs.
Returns, Refunds and Title
Accuracy of Billing and Account Information
TERMS APPLICABLE TO ALL TRANSACTIONS.
Rules Governing Your Use of the Site
You are entirely responsible for any harm resulting from your use of the Site. ElegantSwiss does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site.
You represent and warrant that: (i) you will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; (ii) you will not access the Site through the use of scripts, bots or other automated means; (iii) you will not access the Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, the Site unless otherwise specifically authorized by us in a separate written agreement; (iv) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site; (v) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (vi) you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property (as defined in "Our Intellectual Property Rights" below) or enforce limitations on use of the Site or the Materials on the Site; and (vii) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Except where noted otherwise, the list price, estimated retail price, suggested retail price, or similar price information displayed for Merchandise represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. These prices are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We make no representations or warranties as to accuracy or completeness of any pricing or other information included in this Site, and you should not rely on this information. Actual retail prices may vary greatly from those shown in this site. We reserve the right to modify any information from time to time without notice, including, but not limited to, information regarding prices, models, and specifications. We do not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this site, including the estimated retail prices.
You agree that it is your responsibility to monitor changes to our site.
Our Intellectual Property Rights
The Site, all materials on the Site, including, but not limited to the logos, sales copy, images, navigational aids, illustrations, and all of such items that are provided to you in tangible form (the "Intellectual Property"), are owned by and the property of us or our affiliates and licensors and are protected from unauthorized use, distribution and copying by United States trademark law and copyright law, foreign laws and international conventions and other intellectual property laws. In order to use any Intellectual Property, you must obtain our written consent prior to your use. We reserve all rights not expressly granted by these Terms and Conditions.
Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ElegantSwiss DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY ElegantSwiss TO YOU, INCLUDING ANY CLEANING, MAINTENANCE OR REPAIR OF YOUR MERCHANDISE.
IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US OR A THIRD-PARTY PURCHASER SHALL NOT EXCEED THE LESSER OF OUR OFFER TO YOU OR $1,000 PER TRANSACTION. NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE MERCHANDISE YOU PROVIDED TO US, (II) HAS AN ALTERED OR MUTILATED SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED $100 WITH RESPECT TO SUCH MERCHANDISE.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTIONS, THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY ElegantSwiss TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless ElegantSwiss, its officers, managers, members, employees, agents, affiliates, licensors and suppliers (collectively the "Indemnified Parties") from and against any and all losses, expenses, damages, fines, penalties, and costs, including, but not limited to, reasonable attorneys' fees, incurred by any of the Indemnified Parties resulting from or arising out of any breach or violation of these terms and conditions by you or anyone acting on your behalf, or as a result of any false or materially misleading information provided by you to ElegantSwiss (including, without limitation your representations and warranties to ElegantSwiss regarding ownership of Merchandise and your authority to sell Merchandise to ElegantSwiss).
You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier. ElegantSwiss is licensed to do business in the State of New York and is governed by the laws of the State of New York. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST ElegantSwiss ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO THE FEDERAL ARBITRATION ACT, WHICH ARBITRATION SHALL TAKE PLACE IN NEW YORK CITY, USA. You expressly agree that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys’ fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award consequential, punitive, speculative, indirect, incidental, special, or exemplary damages. The Arbitrator shall be required to follow applicable law New York law. You agree that venue shall be in New York City. All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 5:00 p.m. in New York City on the appropriate day. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.
In the event that any provision hereof is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms. It is expressly understood and agreed that each provision of these Terms and Conditions that provides for a disclaimer of warranties, limitation on liability, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such. The failure of a party to enforce any applicable provision of these Terms and Conditions, or to require at any time performance by the other party of any provision or obligation hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of these Terms and Conditions or any part hereof, or the right of such waiving party.