Terms & Conditions
Introduction
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Timeavenue.com, LLC (“Time Avenue” or the “Company”) specializes in the sale, trading and buying of brand name timepieces via our stores and boutiques which are pre-owned and operated by the company, Time Avenue. By accessing or using our website at www.timeavenue.com and any of its subsidiary websites (the “Websites”), you (the “User”) signify that you have read, understood and agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”). We reserve the right to change, modify, add, or delete any portions of these Terms and Conditions at any time without further notice, at our sole discretion. By using these Websites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. It is your responsibility to regularly check the Websites to determine if there have been changes to these Terms and Conditions and to review such changes. If you do not agree to abide by these or any future Terms and Conditions, do not use or access, or continue to use or access, the Websites.
Site Content
You acknowledge that these Websites contains information, data, data compilations, software, photographs, typefaces, text, graphics, sounds, images, and other material (collectively, “Content”) that are the property of Time Avenue or other third parties and that such Content is protected by Indian and/or international copyright laws. All Content is copyrighted as a collective work under the Indian copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Further, you agree not to upload, post, reproduce, or distribute in any way any Content protected by copyright, or other proprietary right, without obtaining prior written permission of the owner of the copyright or other propriety right.
Trademark Of Time Avenue
“Time Avenue” as indicated on these Websites, as well as these Websites themselves, are trademarks and/or trade dress of Time Avenue, in India and/or other countries. Trademarks and trade dress include the Time Avenue name and logo, our graphics, page headers, button icons, scripts, and service names. Time Avenue’s trademarks and trade dress may not be used in connection with any product or service that is not Time Avenue’s
Third-party Trademarks
Time Avenue disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. All other trademarks that appear on this site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by us or our affiliates. You agree not to display or use such marks in any way, without obtaining permission of the owner of the trademark.
User Rights
You have permission to view, electronically copy and print hard copies of pages from these Websites solely for personal, non-commercial purposes related to placing an order or shopping with Time Avenue. Except as expressly stated in the Terms and Conditions, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, modify or otherwise exploit any images, photographs and/or any other variation of pictorial form on these Websites. In the absence of an express, written permission in advance, any other use of these Websites, its content and its information, including linking or framing to these Websites, is strictly prohibited.
Errors And Inaccuracies
While our goal is to provide complete, accurate, up-to-date information on our Websites, it is not possible to ensure that any website is completely free of human or technological errors. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly. These Websites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice, including inaccurate or erroneous prices. In the event of a pricing error discovered after an order has already been placed, we will notify you of the error and we will do our best to work with you to reach a mutually acceptable solution. We do, however, reserve the right to cancel the order and notify you of such cancellation. We sincerely apologize for any inconvenience this may cause.
Rolex Section
While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such cases, the Terms of Use, Privacy Notice, and Cookies Policy of www.rolex.com are solely applicable.
Contractual Obligation
ANY PURCHASE ORDERS, QUOTATIONS OR OTHER EXCHANGE OF INFORMATION CONCERNING A SALE OF A WATCH SHALL NOT RESULT IN A BINDING CONTRACT UNLESS AND UNTIL TIME AVENUE COMPANY ISSUES A CONFIRMATION TO THE PURCHASER.
Disclaimer Of Liability
Unless expressly stated in the Warranty Policy sections of the Websites, Time Avenue makes no representations or warranties of any kind, whether express or implied, with respect to these Websites, its content, or the information available on or through it. You expressly understand and agree that your use of the Websites is at your sole risk and that the Websites are provided on an “AS IS” basis and “as available” basis. Unless expressly stated in the Warranty Policy sections of the Websites, Time Avenue disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any direct, indirect, incidental, special, consequential, punitive or other damages that result from the use of or inability to use the Websites, including but not limited to reliance by a user on any information obtained at the Websites, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Time Avenue records, programs or services. This limitation of liability applies whether in an action of contract, negligence, or other tortious action, strict product liability or otherwise, as well as damages for lost profits, business interruption or the loss of data or information, even if an authorized representative of Time Avenue has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Websites. No advice or information, whether oral or written, obtained by you from Time Avenue or through or from the Websites shall create any warranty not expressly stated in the Warranty Policy sections of the Websites or in these Terms and Conditions.
Applicable Law
By visiting or using the Websites, you agree that the laws of the State of New Delhi, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Time Avenue or any of our affiliates, clients, co-brand partners or other partners and their respective directors, officers and employees. You consent and agree that the sole venue and jurisdiction for any dispute arising from the use of the Websites and/or under these Terms and Conditions shall be the appropriate state or federal court located in New Delhi and you consent to submit to the jurisdiction of such court, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses available to you.
Privacy Policy
Time Avenue values your patronage and respects your privacy rights. Because we understand that you are concerned about your privacy, we have instituted policies intended to ensure that your personal information is handled safely and responsibly. As a policy, we do not sell, trade or rent your personally identifiable information to third parties.
Information Collection
Generally, you can browse our Websites without providing us with any personally identifiable information about yourself, such as your name, address, e-mail address, phone number, or credit card information. When you voluntarily submit your personally identifiable information to us by making a purchase from Time Avenue, you are giving us your consent to the collection, use and disclosure of your personally identifiable information, and you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, and credit card authorization. We may also disclose information when you tell us to do so, to identify or contact you, to protect your rights or the rights of Time Avenue or as required by law.
Electronic Communication
When you visit the Websites or communicate with us electronically by sending e-mails, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Websites. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cookies And Data Collection Devices
In some instances, Time Avenue may collect non-personal data through cookies, web logs, and other monitoring technologies. A cookie is an element of data that frequently contains an anonymous unique identifier. Such data is sent from the website to your browser, which may then store it on your system for future use. Our Websites use cookies to maintain information for your shopping cart and to facilitate your shopping experience so that you will not need to continually re-add items to your wish-list during the same browser session.
Log Files
When you visit these Websites, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.
Use By Children Under 18
Because we cannot prohibit minors from visiting the Websites, we must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) by minors with the permission of their parent or guardian for such minors to purchase items displayed on the Websites and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT YOU ARE REPRESENTING TO TIME AVENUE COMPANY THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
Third Party Content
The Websites may contain (a) links to other websites not maintained by Time Avenue or (b) information about products or services of third parties. Time Avenue does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by Time Avenue of such third party. We encourage you when you leave our Websites and to read the terms and conditions of each and every website that you visit.
General Information
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Time Avenue regarding the use of the Websites, superseding any prior agreements between you and Time Avenue relating to your use of the Websites. The failure of Time Avenue to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
Severability
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions
