Terms and Conditions

OVERVIEW

This website is operated by Timeist Inc. (“Timeist”).  The terms “we”, “us” and “our” used throughout this website refer to Timeist.  Timeist offers this website conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  You can review the most current version of these terms at any time at this page.

Please read these terms carefully before accessing or using our website. By visiting this site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms”).  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance thereof.

Content published on this website (images, texts, graphics, logos, digital downloads, etc.) is the exclusive intellectual property of Timeist, protected by applicable intellectual property laws, and may not be used or reproduced without permission.

SHIPPING AND RETURNS

All watches are shipped and fully insured only after funds fully clear our bank account.  If a package is lost, a full refund will be issued once our insurance claim is approved and paid. Buyers are fully responsible for any customs fees, duties, or taxes associated with their purchase.

Upon receiving your product, you have a three (3) day inspection period.  If you are not satisfied with your purchase please contact Timeist for a return authorization before shipping.  No returns will be accepted or refunds made after the three (3) day inspection period ends.

To be eligible for a return, your item must be in the exact same condition that you received it.  You assume all cost and risk of returns, including any international shipping risk. Returns must be shipped fully insured overnight or priority with signature required at your cost and risk, to the address provided to you by Timeist.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item.  We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed and a credit will automatically be applied to your original method of payment.

We reserve the right to refuse any order you place with us.  You agree to provide current, complete and accurate purchase and account information for all purchases made through this website. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.  

PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products on this website.  We cannot guarantee that your computer monitor’s display of any color will be accurate. Due to the nature of vintage timepieces, all watches are sold as-is.  We do not warrant that the quality of any products, services, information, or other material purchased will meet your expectations and we make no guarantee with respect to, among other things, timepiece or movement accuracy, mechanics or waterproofing.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Timeist is not affiliated or endorsed by any timepiece manufacturer including, without limitation, Rolex or its subsidiaries.

ACCURACY

Prices for our products are shown in U.S. Dollars and are subject to change without notice.  

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.  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 which, necessarily, is not current and is provided for reference only. We reserve the right, but have no obligation, to modify or update the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Timeist, our directors, officers, employees, shareholders, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

RESTRICTIONS / PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You are also restricted from all of the following: (a) selling, sublicensing and/or otherwise commercializing or publishing any Website material; (b) publicly performing and/or showing any Website material; (c) using this Website in any way that is, or may be, damaging to this Website; (d) using this Website in any way that impacts user access to this Website; and (e) using this Website to engage in any advertising or marketing.

We may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.  In posting content, you grant Timeist a non-exclusive, royalty-free and irrevocable right to use, reproduce, publish and/or modify such content throughout the world in any media.

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. We are under no obligation to (1) maintain confidentiality of any Comments; (2) pay compensation for any Comments; or (3) respond to any Comments.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties and/or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Timeist and our parent, subsidiaries, affiliates, shareholders, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

PRIVACY POLICY

Your submission of personal information through the website is governed by our Privacy Policy.  Before you continue using our website we advise you to read our privacy policy regarding our user data collection.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right/provision of these Terms shall not constitute a waiver of such right/provision.  These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

APPLICABLE LAW

By visiting this website, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflict laws, shall govern these terms and conditions, any separate agreements whereby we provide you Services, or any dispute of any sort involving Timeist.  You consent to the exclusive jurisdiction of the courts of the Province of Ontario.

CONTACT INFORMATION: Questions about the Terms of Service should be sent to us at info@timeist.ca.