Acceptance of Terms. 

Concierge Watch & Jewelry Repair, LLC (“Concierge Watch” or “we”) provides a service, where the customer (“you” or “Customer”) delivers a watch, timepiece, chronometer or any other type of jewelry (“Watch”) needing repair, and we issue you an estimate which can be accepted or declined. By using our website, cwatch.wpengine.com (the “Site”), and by using our services, you agree to these terms and conditions (“Terms”). Additional terms and conditions applicable to the use of our Site, privacy policies, specific areas of this Site, or to particular content or transactions are posted in particular areas of the Site and, together with the Terms, (altogether “Agreement”) govern your use of those areas, content, and transactions. 

Risk-Of-Loss. 

You are solely responsible for the risk of loss and damage for the Watch both before and after the Watch is in our possession.  You are responsible for any damages that may occur to your product while in transit. Receipt of the Watch by Concierge Watch occurs when we sign for, inspect and accept a box or envelope. In the event of a claim with the insurer or shipping company, you are responsible for providing proof of purchase as well as proof of shipment and any other required documentation to the insurer or shipping company. Concierge Watch is not responsible for providing insurance or obtaining insurance reimbursement. We are not responsible for loss or damage during shipment or delivery under any circumstances. Concierge Watch is the “shipper” in name only in order to expedite and facilitate the shipping process.

Payment/Refund Policy. 

Upon acceptance of our repair estimate, you will be required to pay either with a credit card, PayPal, certified check or money order. Upon sending payment for the repair, you have made a legally binding agreement to proceed with the repair. If we deem the Watch unrepairable after payment, a full refund minus return shipping cost is issued.

All Decisions Are Final.

If there are repair or other issues that you do not specify, we are not responsible for identifying them (although we do our best to find them independently). Once repair has begun you are committed to the completion of the repairs.

Guarantee of Repair.

Concierge Watch does not guarantee that we can repair your Watch. We must first examine your Watch to determine:

1. 1. If the repair can be completed successfully;
   2. The need, availability and cost for parts and appropriate repair personnel; and
   3. How much the repair will cost.

Unrepairable Watch. 

If, in the sole judgment of Concierge Watch, your Watch cannot feasibly be repaired due to lack of access to necessary parts or labor, you agree to pay the return shipping costs for the Watch.

Shipping. You are responsible for all shipping costs.

Abandoned or Unwanted Watch.

In the event that you decide not to proceed with the repairs, and do not want to pay for return shipping, we will retain your Watch for a period of no longer than one (1) year in case you change your mind regarding either the repair or return shipment. After one (1) year, Concierge Watch has no responsibility for loss or damage to your Watch for any reason and is not responsible for retaining or returning the Watch. After one (1) year Concierge Watch may, however, at its sole option, pay for shipping the Watch back to the address it came from and charge you for the shipping. If Concierge Watch so ships the watch, it has no responsibility to provide jeweler’s or other shipping insurance, although it may in in its sole discretion do so.

Length of repair time.

Concierge Watch makes no guarantees or promises regarding the length of repair time. Due to the nature of the business, and the variable timeliness of various parts suppliers, we can only provide general guidelines. By no means are these guidelines ever a guarantee or deadline. Concierge Watch is not responsible for any delays caused by unavailability of parts or delays in part shipments by the supplier or manufacturer.

Return Shipment.

Our shipping providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. If you are not available to receive the delivery after three attempts, the package may be returned to us, at which point you are responsible for any additional payment to cover return of the package and reshipment.

Disclaimer of Liability for Shipment.

Concierge Watch disclaims any responsibility for:

1. 1. Items delivered to incorrect addresses supplied by the sender;
   2. Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender; and
   3. Delays in delivery due to the fault of the delivery service contracted (UPS, FedEx, etc.).

Workmanship Warranty.

Concierge Watch provides a one (1) year workmanship warranty against defects caused by our labor in repairing the Watch. Under this warranty, if defects caused by our labor arise during the one (1) year period, we will either repair the defects and cover the costs of shipping or refund the cost of the original repair work; this is the sole remedy. This warranty applies to work performed by Concierge Watch only. This warranty applies only to the components which have been worked on during the repair. Any damage to the Watch resulting from normal, extreme or inappropriate use is not covered under the warranty. If the Watch casing is opened during the one-year period, the warranty is voided. The case, parts, crystals, winding, setting parts and electric or electronic items are not covered. Impact damage and water damage caused by user error are not covered under warranty.  Water resistance is not a permanent condition, given the gaskets inside the Watch are subject to deterioration over time.

No Responsibility for Damage Caused by Attempted Repairs.

Because the Watches have aged and been subject to normal wear and tear and possibly extreme or inappropriate use, Concierge Watch is not liable for any damage caused by attempted repairs, although we will make a reasonable attempt to repair such damage. You acknowledge that attempted repairs may result in damage to the Watch or its parts and that such damage may not be reasonably repairable.

DISCLAIMER OF WARRANTIES. 

CONCIERGE WATCH MAKES NO WARRANTY OF FITNESS FOR YOUR PARTICULAR USE OR PURPOSE, NOR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY. CONCIERGE WATCH MAKES NO WARRANTY AS TO THE QUALITY, LIFESPAN, CONDITION OR RELIABILITY OF THE PRODUCT OR PARTS PROVIDED DURING OR AFTER THE REPAIR. CONCIERGE WATCH SPECIFICALLY, BUT NOT BY WAY OF LIMITATION, DOES NOT WARRANT THE ACCURACY OR SUFFICIENCY OF ANY ADVICE OR RECOMMENDATIONS GIVEN TO BUYER. CONCIERGE WATCH EXPRESSLY DISCLAIMS ALL ORAL WARRANTIES.  THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THIS SITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Damages.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THIS SITE, OR ANY SERVICES OR GOODS PROVIDED BY OR THROUGH CONCIERGE WATCH. THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF FUNCTIONALITY. YOU ACKNOWLEDGE THAT THESE TERMS REFLECT AN ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES AND GOODS.

Accuracy of all Information. Concierge Watch makes every effort to ensure the accuracy of all information that you receive in relation to your Watch. In the event of typographical errors, technical inaccuracies, or pricing errors or omissions, we reserve the right to correct the error at the time of error discovery. If we correct the error, we will provide you with the following options: (1) to proceed with the repair based on the corrected information; or (2) to cancel your repair, in which case we will promptly return the Watch to you at your expense.

General Provisions:

1. Entire Agreement/No Waiver. The Terms constitute the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of the Terms, Agreement or be used in determining the intent of the parties to it. No waiver by Concierge Watch of any breach or default shall be deemed to be a waiver of any preceding or subsequent or continuing breach or default.
2. Correction of Errors and Inaccuracies. The Terms may contain typographical errors or other errors or inaccuracies and may not be complete or current. Concierge Watch therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Terms at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
3. Concierge Watch reserves the right to modify the Terms and the Agreement at any time without giving you prior notice. If we revise the Terms or privacy policy, we will prominently display a notice on the Site saying there have been changes, include a link to them and state that continued use of the Site binds the user to them. Your use of our services following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Any changes by Concierge Watch modifying these Terms are effective immediately upon posting. No modifications by you of these Terms will be effective, regardless of whether Concierge Watch proceeds with repairs or not.
4. Governing Law. THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MARYLAND LAW, EXCLUDING ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL BE FILED ONLY IN BALTIMORE, MARYLAND, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
5. Any provision of these Terms of Use which is determined by a court or arbitrator(s) to be unenforceable in any jurisdiction shall be removed from these Terms to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms. In that event the arbitrator(s) and/or the court is hereby directed by the parties to replace the legally invalid provisions with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Limitations on Actions.

Any litigation or arbitration arising out of or in connection with these Terms or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

Use of Site and Materials

      This Site contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Materials”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Concierge Watch or other third parties.  All trademarks and copyrighted information contained on the Site are property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice. 

      This Site and the Materials on this Site are provided for your individual, non-commercial use. Any other use of the Site or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of Concierge Watch or the applicable rights holder. The Materials on the Site may not be used by third parties for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Material. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or users.

      Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

License

      Concierge Watch retains all rights (including Intellectual Property Rights), title and interest in the Concierge Watch Site, technology, and all underlying technology and data including any enhancements and improvements related to the Site. Users will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Concierge Watch’s technology or delete or alter author attributes or copyright notices. Users shall use the Site solely for their own use and shall not allow others to use the Site under or through that User’s login ID/email and password.

      By using the Site, uploading content to or submitting any materials for use on the Site, you grant or warrant that the owner of such rights has expressly granted Concierge Watch a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Site or incorporate such materials and/or information generated through use of the Site into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.