Policies
Ships To: Domestic and Worldwide
International Excludes: P.O. Boxes, Barbados, Belarus, French Guiana, French Polynesia, Guadeloupe, Italy, Kazakhstan, Libya, Martinique, New Caledonia, Nigeria, Reunion, Russian Federation, Ukraine, Venezuela
Domestic: FREE Shipping with Required Signature Confirmation Secure Delivery
eBay: “*Estimated Delivery Dates include shipping from the seller to the authenticator, authentication time, shipping from the authenticator to buyer, seller's handling time, origin ZIP Code, destination ZIP Code and time of acceptance and will depend on shipping service selected and receipt of cleared payment- opens in a new window or tab. Delivery times may vary, especially during peak periods.”
Handling Time: Will usually ship within 1 business day of receiving cleared payment.
Taxes: We are required to collect sales tax on all type of purchases.
Return Policy: Customer has 30 Days upon receiving the item.
Refund Given: Money-back, Replacement
eBay: “Purchases made with Escrow.com can only be returned during the 7 day inspection period.”
Return Shipping: Seller pays for return shipping
Payments Accepted: PayPal, Google Pay, Visa, MasterCard, Discover, Escrow.com, Google Pay, Apple Pay, Bank-wire, Affirm, Trade-In of Equal Value
Warranty: TimeLuxury.com offers warranties of 1-year for Pre-owned products and 3-years for New items beginning on the date of receiving an item. This warranty applies to the watch movement, hands, and dial regarding manufacturing defects such as the watch not keeping time or not performing to the specifications of the movement type. However, our warranty excludes battery, case, crystal, fabric strap, or metal bracelet defects. The warranty does not cover damages due to improper care, neglect, misuse, accidents, or normal wear and tear. This warranty is also void if the watch is damaged by accident, opened, taken apart, has an authorized service performed, or other factors due to defects in material or workmanship. Service work that is not covered under warranty may be completed for an additional charge; such charges will be notified and agreed upon prior to performing any customizations or repair services.
TimeLuxury is not an authorized dealer or affiliated with BAUME & MERCIER, CARTIER, IWC, JAEGER-LECOULTRE, LANGE & SOHNE, MONTBLANC, OFFICE PANERAI, PIAGET, ROGER DUBUIS, VACHERON CONSTANTIN and VAN CLEEF & ARPELS. The watches it sells are not new watches purchased directly from these manufacturers. The watches are, however to the best of our knowledge, unworn. The manufacturer’s warranty will not be honored for these companies on the watches sold by TimeLuxury.
ACCESSIBILITY: This website has been designed and improved with the needs of people with sight problems in mind, including those who use access technology to browse the internet. In creating and maintaining this site, Chronostore has considered international guidance and best practices on web accessibility, including the Web Content Accessibility Guidelines (WCAG). Chronostore is committed to creating an experience that all users can enjoy on our site, including people with sight, hearing, mobility and cognitive impairments. With this goal in mind, this site is regularly tested and audited to ensure that it provides the best experience possible for all users, however, it should be noted that our site does utilize certain third party software applications over which we do not have full control and as such we cannot guarantee that every aspect of such applications is in full compliance with the guidelines at all times. We welcome any comments, suggestions, or feedback at Info@TimeLuxury.com.
PRIVACY AND COOKIE NOTICE
Gavriels Jewelry Inc DBA TimeLuxury.com “We," “Us,” “Our”) takes the security and privacy of your personal information very seriously. This Privacy and Cookie Notice (“Notice”) describes how we process personal data about you that we collect through the website or application operated and controlled by us from which you are accessing this Notice (the “Site”). This Notice does not apply to information that we collect offline, such as in our retail salons or over the telephone. By using the Site, you agree to the terms and conditions of this Notice.
1. PERSONAL DATA WE COLLECT
1.1. “Personal Data”; is information that identifies you as an individual, such as: name, email address, postal address, telephone number, email address, credit card and other payment account number.
1.2. We may collect and process the following Personal Data about you:
1.2.1. Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us or when you report a problem with the Website.
1.2.2. If you contact us, we may keep a record of that correspondence.
1.2.3. We may also ask you to complete surveys that we use for research purposes, although you are not required to do so.
1.2.4. Information that you provide in order to benefit from a particular feature or participate in a particular activity, such as when you sign up to receive emails from us, request a catalog, schedule a visit to a retail salon, or sign up for a newsletter.
1.3. Through your use of the Site, we may also gather certain information about your use of the Site that does not identify you individually, but may identify your computer or device. Generally, this information is collected through what we refer to herein as “Traffic Data.” We may collect and store such Traffic Data automatically whenever you interact with the Site. For example, we may collect your IP address, the hostname of your computer, browser information and reference site domain name every time you visit the Site. We may also collect information regarding customer traffic patterns and site usage. This Traffic Data does not, however, contain anything that can personally identify you; it is used to analyze and improve the Site and to provide our users with a fulfilling Internet experience. Please see the section below in this Notice regarding Passive Information Collection for more information about our use of cookies and other technologies.
1.4. We may combine your Personal Data with other information we have collected from you, whether on- or offline, including, for example, your purchase history or Traffic Data. We may also combine your Personal Data with information we receive about you from other sources, such as our affiliates, publicly available information sources, and third parties. We treat the combined information as Personal Data.
2. WHERE WE STORE YOUR PERSONAL DATA
2.1. The data that we collect from you may be transferred to, and stored at, a location in Switzerland (server location) or another location inside or outside the European Economic Area.
2.2. Where we have given you (or where you have chosen) a password that enables you to access certain parts of this website, you are responsible for keeping this password confidential. We ask you not to share any passwords with anyone.
2.3. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
3. HOW WE USE PERSONAL DATA
3.1. We use information held about you in the following ways:
3.1.1. To ensure that content from the Site is presented in the most effective manner for you and for your computer.
3.1.2. To provide you with information, products or services that you request from us or that we feel may interest you.
3.1.3. To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase, and provide you with related customer service.
3.1.4. To carry out our obligations arising from any contracts entered into between you and us.
3.1.5. To allow you to participate in interactive features of our service, when you choose to do so.
3.1.6. To notify you about changes to our Site, products, and services.
3.1.7. To create and manage your personal account with TimeLuxury.com.
3.1.8. To allow you to participate in sweepstakes, contests, and similar promotions, and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Data, so we suggest that you read these rules carefully.
3.1.9. To prevent misuse or improper use of the Site.
3.1.10. To send you surveys regarding your satisfaction with our services (performed by TimeLuxury.com or by third parties on our behalf), products and overall experience in connection with TimeLuxury.com.
3.1.11. For our business purposes, such as data analysis, audits, developing new products and features, enhancing our website, improving our products and services, identifying Site usage trends, and determining the effectiveness of our promotional campaigns.
3.1.12. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
3.1.13. for any other purpose specified at the point of collection.
3.2. We may use non-personal, non-individual statistics or demographic information in aggregate form without restriction, and we may share such information with our marketing partners, advertisers or other third-parties for research purposes.
4. DISCLOSURE OF YOUR PERSONAL DATA
4.1. We may disclose your Personal Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who may be located in other countries.
4.2. We may disclose your Personal Data to third parties:
4.2.1. Who help us to administer the Site (such as our Internet service providers) or to provide the services you are requesting. These third parties must at all times provide the same levels of security for your Personal Data as TimeLuxury.com.
4.2.2. Who are service providers that perform functions on our behalf. Examples include fulfilling orders, delivering packages, processing credit card payments, providing customer service, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, executing customer satisfaction surveys, providing customized advertising and providing search results and links (including paid listings and links). These service providers have access to Personal Data needed to perform their functions, but are contractually prohibited from using it for other purposes. Further, they must process the Personal Data in accordance with this Notice and as permitted by applicable data protection laws.
4.2.3. In the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding).
4.2.4. If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of TimeLuxury.com or any affiliate, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
5. THIRD PARTY PAYMENT PROCESSOR
5.1. TimeLuxury.com uses a third party payment processor to assist us in processing your personally identifiable payment information securely. The information collected for payment purposes, such as your credit card number and expiration date, are collected by the third party payment processor. Such third party processor’s use of your Personal Data is governed by its own separate Notice, which may or may not contain privacy protections as protective as this Notice. We will inform you which payment processor is used when processing your payments.
6. YOUR RIGHTS AND CHOICES
6.1.You may at all times revoke any consent given to processing your Personal Data by sending us an email or postal mail, or by clicking the corresponding box on the forms used to collect your Personal Data. To assert your rights and for any questions you might have, please contact us at TimeLuxury 608 5th Ave STE 408 New York, New York 10020, or via email at contact@TimeLuxury.com. We will seek to comply with your request(s) as soon as reasonably practicable. In addition, you may opt out of receiving promotional e-mails and text messages from us by following the unsubscribe instructions provided in any such messages. Please note that if you opt out of receiving promotional messages from us, this does not impact other transactional and administrative messages which you will continue to receive (such as emails relating to billing and payment information or changes to this Notice).
6.2 The Site may, from time to time, contain links to and from the Sites of our partner networks, advertisers and affiliates. If you follow a link to any of these Sites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Sites.
7. PASSIVE INFORMATION COLLECTION, USE, AND CHOICES
7.1. As you navigate the Site, certain Traffic Data may be passively collected, meaning it is gathered without your actively providing it. This is done using the following technologies in the following ways:
7.1.1. We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer.
7.1.2. Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.
7.1.3. Using cookies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, and language preferences. We and our service providers use this information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Site. More specifically, we use cookies to:
- recognize your computer or device to make your use of the Site easier, such as to remember your locations of interest and other preferences with the Site;
- gather statistical information about use of the Site in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it;
- select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Site and on other websites, applications, and online services that you use; and
- track consumer responses to online advertisements. To learn more about cookies, please visit www.allaboutcookies.org.
7.1.4. Using Monitoring Tools: The Site may utilize pixel tags, web beacons, clear GIFs, Flash Shared Objects, HTML5 Local Storage, HTML5 Mini Databases, and other similar technologies, both on certain aspects of the Site and in HTML-formatted e-mail messages to you. These monitoring tools are used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Site usage and response rates, and tracking the activities of users of the Site and e-mail recipients.
7.1.5. IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many online service providers, including website operators. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site.
7.1.6. Analytic Tools: We also use tools and third party services to collect information about usage of the Site, including Google Analytics. To learn more about privacy and Google Analytics please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html. Generally speaking, Google Analytics collects information on how often users visit the Site, what aspects of the Site they visit when they do so, and what other websites users visited prior to accessing the Site. Google Analytics also collects information to allow us to analyze user purchasing activity. You may prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.
7.1.7. Location-Based Features: We may collect the physical location of your device and use it to provide you with personalized location-based services or content. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. In some instances, you may be permitted to allow or deny such use of your device's location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content. In all other instances, you affirmatively consent that we may receive, use, share and transfer information about the physical location of your device in accordance with this Notice.
Although our use of passive collection technologies may change over time as technology evolves, the above descriptions are designed to provide you with additional detail about our current approach to information collected from passive technologies.
8. INTEREST BASED ADVERTISING
8.1. We may collect information about your online activities on our Site to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Notice provides details and explains how to exercise your choices.
8.2. You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Site and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize certain of our ad partners’ targeted advertising services to show you our ads on other websites based on your prior visits to our Site and other online activity. Below is a chart that lists our current advertising partners that provide these features together with corresponding links to describe how you may opt out of them. Opting-out does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time.
TERMS OF USE
INTRODUCTION
1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (“Site"). Accessing, viewing or using the content, material, products, or services available on or through Site indicates that you accept and agree to comply with the Terms of Use, as well as Our Privacy and Cookie Notice and any other additional terms governing the content, material, products, or services available on or through Site, including the Warranty. If that is not the case, do not use the Site. You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms of Use and perform the obligations set forth herein.
1.2 The Site is operated by and the Terms of Use were issued by Gavriels Jewelry Inc DBA TimeLuxury.com (“TimeLuxury.com”, “We", “Us”, “Our”)
1.3 TimeLuxury.com may at any time revise these Terms of Use. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.
PURPOSE AND CONTENT OF THE WEBSITE
2.1 All information and materials on the Site are presented solely for the purpose of providing general information on and promoting Our products and services. Such information and materials do not constitute offers for Our products and / or services or official retailers or other third parties, nor do they constitute advice or other instructions on the use of Our products and / or services.
2.2 In order to access certain products, content, services or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may also be required to provide Us with certain information about yourself including some types of personally identifiable information, including your phone number, address, email address, gender, and age. Any personal information that you provide to Us via the Site is subject to our Privacy and Cookie Notice.
2.3 The Site may contain information on our worldwide products and services, not all of which are available at every location. A reference to any product or service does not imply that that product or service is or will be available at your location.
2.4 We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot generate that the display of any color will be completely accurate.
2.5 We, from time to time, may run promotions or other special offers. These may include a free item added to your shopping basket upon check-out and sent to you together with your purchased item(s). Should you choose to withdraw your purchase in accordance with Our Return Policy, we will accept such withdrawal only if you also return the free item that corresponds with your purchase. Such promotions or other special offers may be offered at Our sole discretion as to time, duration, choice of item and all related decisions.
PURCHASES
3.1 Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most jurisdictions is 18 years old) and have the legal capacity to enter into a contract and that you agree to these Terms of Use and any additional terms presented to you at the time of purchase. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms of Use and the Privacy and Cookie Notice, and register or place an order on your behalf.
3.2 We use a third party payment processor to process credit card transactions made through the Site. If you purchase products or services from Us or make any payments via the Site with your credit card, the credit card information that you submit will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission. Transactions with such third party processor are governed by that party’s separate terms of use. We will inform you which payment processor is used when processing your payments.
3.3 You are responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Our net income). To the extent that We are obligated to collect such taxes, the applicable tax will be added to your billing account.
3.4 You may withdraw the purchase, return the purchased items and claim refund in accordance with Our Return Policy.
3.5 All prices displayed on the Site are quoted in the currency noted on the Site. We may restrict delivery to addresses in certain jurisdictions. We will add shipping and handling fees and applicable sales/use tax in accordance with Our then existing policies. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on its Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by TimeLuxury.com. For warranty information please see Our Warranty. The receipt by you of an order confirmation does not constitute Our acceptance of an order. Prior to Our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Us. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price, We shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, We shall promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by Us pass to you upon Our delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Our vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
3.6 Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping or other promotional activity associated with a product purchase. These offers may be for a limited time only and may be online only. These offers may include exclusions on specific products.
USER CONTENT
4.1 Please be aware that whenever you post information to the Site (e.g. a forum or guestbook) that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users.
4.2 TimeLuxury.com does not claim any ownership rights in the text, files, images, photos, video, sounds, feedback, works of authorship or any other materials that you may post (“User Content”) on the Site. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Site, you hereby grant Us a non-exclusive, sublicensable, transferable, fully paid-up, royalty-free and worldwide license to use, modify, publicly perform, publicly display, reproduce, create derivative works and distribute your User Content, all without any compensation to you whatsoever, including in product designs, on and through the Site or in the TimeLuxury.com section of a third-party platform (Facebook, Twitter, etc.).
4.3 By posting User Content to the Site or otherwise submitting User Content to Us, you represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.
4.4 You are solely responsible for the User Content that you post on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by TimeLuxury.com prior to posting and does not necessarily reflect the opinions or policies of TimeLuxury.com. TimeLuxury.com makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.
4.5 TimeLuxury.com expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason, including any offers for watches. TimeLuxury.com will fully cooperate with any law enforcement authorities or court order requesting or directing TimeLuxury.com to disclose the identity of anyone posting any such information or materials.
INTELLECTUAL PROPERTY RIGHTS
5.1 The Site together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by TimeLuxury.com, The Gavriels Jewelry Inc, its affiliates, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Our prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of TimeLuxury.com.
5.2 Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content. The license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Except for your own User Content, you may not upload or republish the Site Content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Site Content is strictly prohibited. You may only use the Site for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You may not resell any item purchased from this Site. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of TimeLuxury.com, is strictly prohibited and will terminate the license granted herein. Any unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use will be construed as conferring any license to any intellectual property rights.
5.3 "TimeLuxury.com" and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of TimeLuxury.com, the Gavriels Jewelry Inc or their affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of TimeLuxury.com. Your use / misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in these Terms of Use, is strictly prohibited.
DISCLAIMER
6.1 EXCEPT AS EXPRESSLY PROVIDED IN THE [WARRANTY], THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
6.2 TimeLuxury.com assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
6.3 TimeLuxury.com reserves the right to interrupt or discontinue any or all of the functionalities of the Site. TimeLuxury.com accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of TimeLuxury.com, Gavriels Jewelry Inc or any of their affiliates or any third party.
6.4 While TimeLuxury.com uses reasonable efforts to include accurate and up-to-date information on the Site, it makes no warranties or representations with respect to the Site. The Site Content may contain technical inaccuracies or typographical errors. TimeLuxury.com reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.
LINKS TO AND FROM OTHER WEBSITES
7.1 Because TimeLuxury.com has no control over and does not endorse any of the sites to which the Site is linked and because TimeLuxury.com has not reviewed any or all of the sites to which the Site is linked, you acknowledge that TimeLuxury.com is not responsible for the content of any off-site pages or any other sites linked to the Site. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
7.2 Your linking to the Site, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and Privacy and Cookie Notice of any linked site will apply, which may be different from those of TimeLuxury.com.
7.3 Framing of the Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of the Site on other sites is equally prohibited.
SERVICE ACCESS
8.1While TimeLuxury.com endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period.
8.2 Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.
LIMITATION OF LIABILITY
9.1IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, TimeLuxury.com, AND ANY OTHER COMPANY OF THE Gavriels Jewelry Inc, AND THEIR AFFILIATES, SUBSIDIARIES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
PRIVACY
We care about your privacy and the protection of your personal data. Read our privacy policy.
INDEMNIFICATION
11.1You will indemnify TimeLuxury.com, The Gavriels Jewelry Inc and their affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Content, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms of Use, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
COMPLAINT PROCEDURES
If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to us at contact@TimeLuxury.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
DISPUTE RESOLUTION
Any dispute arising out of these Terms of Use shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York City, New York, unless We elect otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, We will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Us should be submitted by mail to the AAA along with your demand for arbitration and We will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, We will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Us for all fees associated with the arbitration paid by Us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. You can choose to reject this agreement to arbitrate by mailing Us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms of Use for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the TimeLuxury.com account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Us.
MISCELLANEOUS
14.1The Site is controlled by Gavriels Jewelry Inc, and operated from within the United States by Gavriels Jewelry Inc. Without limiting anything else, We make no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.
14.2The failure of TimeLuxury.com to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
14.3 If you have any questions about the Terms of Use, write to
TimeLuxury.com
608 5th Ave STE 408
New York, New York 10020
United States
or via Contact@TimeLuxury.com