TERMS OF SERVICE
Last Updated 16 November 2020
1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and CuleM Watches S.L , located at Alicante, Spain (we, us), concerning your access to and use of the CuleM Watches website (https://www.culemwatches.com) as well as any related applications (the Site).
The Site provides the following services: CuleM Watches S.L is a watch company (Company Number B42591941) and we sell our own branded collection of Swiss made watches via our website (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service.
If you do not agree with all of these Terms of Service, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.
The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
We may make changes to these Terms of Service at any time. The updated version of these Terms of Service will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Service to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
We may update or change the Site from time to time to reflect changes to our Products, our users' needs and/or our business priorities.
Our site is directed to people residing all over the world. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
Additional policies which also apply to your use of the Site include:
- If you purchase physical Products from the Site, our Terms of Service of supply will apply to the sales.
2. Acceptable Use
Our full Acceptable Use Policy sets out all the permitted uses and prohibited uses of this Site.
You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of this Site, you agree not to:
- Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses;
- Use the Site to advertise or sell Products and Services;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;
- Engage in unauthorized framing of or linking to the Site;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information;
- Make improper use of our support services, or submit false reports of abuse or misconduct;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site;
- Attempt to impersonate another user or person;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Attempt to access any portions of the Site that you are restricted from accessing;
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users;
- Delete the copyright or other proprietary rights notice from any of the content;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any
- material that acts as a passive or active information collection or transmission mechanism;
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
- Threaten users with negative feedback;
- Misrepresent experience, skills, or information about a User;
- Advertise Products or services not intended by us;
- Falsely imply a relationship with us or another company with whom you do not have a relationship.
3. Information you provide to us
You represent and warrant that: (a) all payment information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you have the legal capacity and you agree to comply with these Terms of Service; and (d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may cancel your payment.
4. Our content
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
Except as expressly provided in these Terms of Service, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
We shall (a) prepare the Site and Our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
5. Site Management
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms of Service; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms of Service; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
6. Modifications to and availability of the Site
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms of Service. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or Services; and/or (4) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.
Our responsibility for loss or damage suffered by you:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- If we fail to comply with these Terms of Service, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Service, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You may have rights in relation to Products that are faulty or not as described. Nothing in these Terms of Service will affect these rights.
8. Term and Termination
These Terms of Service shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by contacting us at email@example.com.
Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms of Service or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9. Our Contract with You
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
When you submit your order and receive an Order Confirmation from us, this does not mean that we have accepted your order, this only means that the order has been successfully received into our system. Following Order Confirmation, we will undertake validity and verification checks. Subject to receiving clear results from such checks, a contract will come into existence between you and us.
We may send you an email to say that we do not accept your order. This is typically for the following reasons:
9.3.1 The Products are not available.
9.3.2 We cannot obtain authorisation of your payment;
9.3.3 We are unable to meet your requested delivery date;
9.3.4 It fails the security checks; or
9.3.5 There has been an error by us in the pricing or description of the Products.
If we are unable to supply you with the Products, for example because the Products are not in stock or are no longer available, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that your device's display will accurately reflect the Products. The Products delivered to you may vary slightly from those images.
The price of the Products will be as shown on our website at the time we confirm your order. Our prices include VAT (if applicable) at the current valid rate chargeable in Spain.
When you buy our Products and they are shipped to another country outside of the EU or UK, you or the recipient are responsible for paying any applicable import taxes and duties based on the laws of the country into which the Products are being delivered.
The price of the Products includes shipping charges.
Any promotional prices or deals are subject to availability and may be withdrawn at any time.
We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However it is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our despatch procedures so that:
10.5.1 Where the Products correct price is less than the price stated on our Site, we will charge the lower amount when despatching the Products to you; and
10.5.2 If the Products correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Our prices may change from time to time.
Our manufacturers may have price increases or decreases throughout the year, due to varying manufacturing costs and inflation. We always aim to notify customers of pending price increases or decreases on the product details page.
We do not have control over prices listed on external Site, including Google cached listings, shopping feeds or any other Site. We are not obliged to provide Products for any price which is listed on an external Site. We do not have control of the rate at which search engines crawl our Site, and therefore the information in the search results may not be indicative of up to date prices.
We accept most common forms of electronic payment including but not limited to VISA, MasterCard, Amex, Maestro, Paypal and Klarna.
Payment is taken when your product order is confirmed on our website.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We may also need to use extra security steps through Verified by Visa, Mastercard®SecureCode or American Express Safe Key.
We reserve the right to reject a payment or order that we feel is at risk or could be fraudulent. In this instance the price will be refunded using the same payment method and you will be contacted and offered the opportunity to pay by another means or to cancel your order.
11.5 Klarna - In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
12. Delivery of Products
Please note that timescales for delivery and delivery charges will vary depending on your delivery address and the availability of the Products. Delivery charges will be notified to you when you place your order. For more information regarding the delivery timescales and charges that apply to your order, please see our Shipping Policy.
13. Your rights to cancel
You have a right to cancel an order when you purchase a product from our website. This means that if you change your mind or for any other reason you decide you do not want to keep the Products you can notify us of your decision to cancel the order and receive a refund.
Your right to cancel starts from the date of the Order Confirmation (when the contract between us is formed) and ends 30 days after the shipping date.
If the Products have been delivered to you before you decide to cancel your order then you must return the Products to us unworn and in their original condition without undue delay in accordance with our Refund Policy.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site or Services.
For consumers only - Please note that these Terms of Service, their subject matter and their formation, are governed by Spanish law. You and we both agree that the courts of Alicante in Spain will have exclusive jurisdiction. If you have any complaint or wish to raise a dispute under these Terms of Service or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
A person who is not a party to these Terms of Service shall have no right to enforce any term of these Terms of Service.
In order to resolve a complaint regarding the Site or Services or to receive further information regarding the use of the Site or Services, please contact us by email at firstname.lastname@example.org
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