Last updated: October 26, 2020

These Terms of Service (these “Terms” or “TOS”) are an agreement between WatchWorks, Inc. (“WatchWorks,” “we,” “us,” and “our”) and you (“you” or “your”). “You” and “your,” as used in these Terms, means any person engaging us for Services or using our Website. Engagement for our Services and/or accessing our Website constitutes your agreement to be bound by these Terms, and these Terms set forth the legally binding terms of your access to and use of our Website and Services. By visiting, using, or accessing our Website and/or engaging us for Services, you agree to comply with and be bound by the Terms. If you do not agree to be bound by all of these Terms, do not access or use, or continue to access or use, our Website and do not engage our Services.

1. SERVICES and WEBSITE

WatchWorks advertises, provides information about products and services, and communicates with clients and potential clients through our website located at the domain www.watchworkspdx.com (the “Website”). WatchWorks offers a variety of services to our clients, including, jewelry repair, purchase and sale of jewelry, custom jewelry design, jewelry appraisals, and other information and services relating thereto (collectively, the “Services”). Our Website and Services are offered and provided pursuant to these Terms.

2. CUSTOMER SATISFACTION

WatchWorks strives to achieve your satisfaction. Please call or email upon receipt of your item(s) to let us know that your item(s) arrived safely, in good condition, and that you love it. Some items we sell require instructions and specific knowledge for proper use. Please call or email us upon receiving your item(s) for specific instructions so we can provide the instructions and knowledge necessary to keep your items cared for and functioning as intended. Failure to properly care for and use items purchased from WatchWorks voids any warranty or guaranty which may apply to such items.

3. AUTHENTICITY

WatchWorks endeavors to offer products that are 100% authentic. Our team examines all items prior to sale to confirm the authenticity of such items to the extent possible. We purchase our products from trusted sources and place great emphasis on sourcing products from original owners, where possible. Our goal is to present the utmost transparency in all aspects of our business and we will employ all resources at our disposal to ensure client satisfaction. While we take all reasonable steps to ensure authenticity, it is impossible to completely guarantee authenticity of stones and jewelry and this provision is not intended to be a warranty or guaranty of authenticity. If you have concerns or questions regarding the authenticity of an item purchased from us, please call or email so we can discuss your concerns.

4. WARRANTIES

Please refer to our limited warranty terms listed within individual product listings for a description of all warranties that apply to your product (the “Product Listing”).

WATCHWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, EXCEPT FOR THOSE EXPRESS WARRANTIES PROVIDED ON THE PRODUCT LISTING FOR YOUR ITEM(S). WARRANTIES PROVIDED BY WATCHWORKS ARE NOT ASSIGNABLE OR TRANSFERRABLE.

Any WatchWorks limited warranty identified in the Product Listing is not applicable if the item has been dropped, tampered with, taken apart, misused, abused, neglected, repaired by a third party, shows excessive wear and tear (as determined in our sole discretion), or if the item has not been used correctly under the manufacturer’s water resistance and care guidelines. WatchWorks reserves the right to deny applicability of any limited warranty if, in its sole determination, any of the above conditions are present.

New watches sold by WatchWorks are covered by any original manufacturers’ warranties as provided by such manufacturer and expressly identified in the Product Listing or other documentation accompanying such item. Any issues with such items will be covered only by any applicable manufacturers’ warranties and WatchWorks bears no responsibility for performing repairs or arranging for such repairs or replacement with the manufacturer. WatchWorks does not process returns on such items and new watches that demonstrate issues shall be returned to the specific manufacturer’s service center by the customer. Please be advised that factory service centers often take 8 weeks or more to complete work and they typically cannot be rushed. To attain the smoothest and most expeditious turnaround, we recommend that customers ship items for warranty repair or replacement directly to the appropriate manufacturer’s service center in accordance with the information or instructions provided by such manufacturer.

WatchWorks shall not be liable for any consequential or incidental damages of any kind or nature relating to our Services.

5. RETURNS

WatchWorks strives to ensure 100% satisfaction of our customers and, to that end, we offer the following return policy:

If you desire to return any item purchase from WatchWorks, your must notify use via phone or email within 72 hours or your receipt of such item(s). Your return must be made and received by us within 5 business days of the date you receive the item. To be eligible for return, item(s) must be complete, unworn, not have been sized or altered in any way, and in the identical condition as they were received. Any returned item(s) must be accompanied by all tags, boxes, and accessories which were included with such item(s) when purchased to be considered for a full refund, and WatchWorks reserves the right to reduce the refunded amount if any such items are not included with the return. Customer must pay all costs of return shipping, including insurance on such item(s) in a sufficient amount to cover the value of such item(s). Returned item(s) must be packaged appropriately so as to protect such item(s) from damage. WatchWork bears no responsibility for damage or loss of items during the return process and the customer bears all risk of such loss or damage until such returned item(s) are actually received by WatchWorks. Returns will be processed in a timely manner and refunds will be issued only after inspection of such item(s) by WatchWorks. Special order items or custom-made items are not returnable and are final sale only.

6. SHIPPING

WatchWorks offers free, insured overnight shipping on all purchases. WatchWorks ships your item(s) as soon as possible after purchase, gnerally within 2-3 business days. All items purchased will go through final quality control before being shipped to the customer. Please be advised that WatchWorks is not responsible for any delays that may occur due to shipping carrier service disruptions or other delays outside of the control of WatchWorks.

7. DISCLAIMERS

WatchWorks is not affiliated with Rolex USA and is not an authorized agent for Rolex USA. WatchWorks reserves the right to revoke any offer, or rescind and undue any transaction relating to the purchase, sale, or trade of any item that WatchWorks determines to have been incorrectly priced, listed, described, or otherwise detailed on its Website, whether from technological or human error or any other unforeseen circumstance. In such an event, the customer shall abide by the terms and conditions of such revocation, rescission, or undoing by returning any and all monies and goods delivered to it in connection with such transaction. To the extent such error was caused by WatchWorks or its affiliates, employees, agents, or representatives, WatchWorks shall be responsible for all shipping costs incurred by the customer in connection with such return.

8. UPDATE TO TERMS

We reserve the right to update or modify these Terms at any time for any reason. Your access to and/or use of the Website or use of the Services following any update or modification of the Terms constitutes your agreement to follow and be bound by such updated or modified Terms. Changes to the Terms shall be effective immediately and the most current version of the Terms will govern our relationship with you.

9. GENERAL TERMS

These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of our Website and the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. These Terms and the relationship between you and WatchWorks shall be governed by the laws of the State of Oregon, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to these Terms, our Services, or your use of our Website must be instituted exclusively in the federal or state courts located in Multnomah County, Oregon and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. WatchWorks shall be entitled to recover our reasonable costs and attorney’s fees in connection with pursuing any action, whether in court or otherwise, relating to these Terms, our Services, or our Website. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services, Website, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Agreement cannot be transferred or assigned by you without our prior written consent. The terms of this Agreement can only be modified as set forth herein or upon written agreement signed by an authorized representative for WatchWorks.