Terms of Service (“Terms”)


Last updated: May 11, 2017

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the time22.com website (the “Service”) operated by Matrix Watches ltd (“Matrix”, “us”, “we”, or “our”).

Matrix Watches Limited
RM 1501, 15/F Spa Center
53-55 Lockhart Road, Wanchai
Hong Kong
Registration number: 2495373

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

We refer to this Agreement, our Privacy Policy, our Return Policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.”

You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Service. If you disagree with any part of the terms then you may not access the Service.

Limited License

Matrix grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of goods and related services through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Matrix.

Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Matrix aggressively enforces its intellectual property rights to the fullest extent of the law.

The names and logos of Matrix, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Matrix. Matrix prohibits use of any logo of Matrix or any of its affiliates as part of a link to or from any Website unless Matrix approves such link in advance and in writing. Fair use of Matrix’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Matrix.

Matrix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Matrix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

International Orders

In all international shipments the customer is responsible to pay for all duties and applicable taxes. If the customer refuses to pay customs and duties and/or rejects the package for whatever reason, the product is still considered to have been delivered by Matrix and the transaction is considered complete.

We do not assess nor are we responsible for taxes/duties imposed by other countries. International orders are subject to applicable government import fees, duties and taxes, which are the sole responsibility of the customer. Final charge from Matrix includes ONLY the price of the watch(es) and shipping fees. In order to determine whether your order may require additional tax and/or duty charges for importation please contact your local customs office for details.

There are online duty calculators that will give an approximate amount you will have to pay, click here for an example of one. Should the customer refuse to pay their government import fees, duties and taxes, or rejects the package for any reason, the product is still considered to have been delivered by Matrix and the transaction is considered complete.

Should the customer decide not to pay the duties and refuse the package for any reason, we will pay the duties to your government on your behalf and the item will be returned to us. All countries require us (the shipper) to pay the duties, taxes and any other applicable fees before they will allow the item to be returned to us. We will then deduct those duties, taxes and any additional fees related to the shipment from your refund amount.

Return Policy

All products purchased from Matrix may be returned with the following conditions, except those marked as “Final Sale”:

  • Merchandise may be returned within 30 days of receipt. Email [email protected] if you need more than 30 days – exceptions can be arranged at our discretion.
  • Merchandise must be returned in original, unused condition with all original tape, plastic protectors, and stickers intact and having never been removed. Watches must be unworn with no sizing changes.
  • All returned items, whether for refund, repair or exchange, must be clearly labelled with a return authorization number obtained by emailing [email protected] Parcels without a clearly visible valid return authorization number may be refused.
  • Goods must be returned via a traceable carrier, such as FedEx, United Parcel Service (UPS) or the United States Postal Service (USPS), with insurance and delivery to Matrix prepaid by the purchaser. Parcels shipped collect will be refused. The customer is liable for loss or damage in transit.
  • Orders paid by Amazon checkout, PayPal, wire transfer, check, and money order are not subject to restocking fees. In order to maintain the lowest prices possible, returns paid by Discover, MasterCard, and Visa credit cards are subject to a restocking fee equal to 3% of the total purchase price. Orders paid via American Express are subject to a 7% restocking fee. Items returned for exchange are entitled to a one-time-only exemption from these restocking fees. Cancellations are subject to the above rules.
  • Shipping charges will be deducted from the refund according to the original shipping method, as follows: Standard Delivery – €10; Expedited delivery -€20; International Delivery – €50.
  • International Customers: Please note that we are not responsible for any fluctuation in the international currency exchange rate. International customers will receive refunds equivalent to the EUR (€ Euro) price at the time of purchase. International customers will not be refunded international shipping costs and are responsible for any costs related to returning the item (i.e. shipping and import duties where applicable).
  • Refund of the purchase price, less any restocking fee or shipping and handling fees mentioned above will be issued in the same form as payment received.
  • Our policy is to attempt to contact the purchaser for 3 business days to resolve delivery problems or if delivery was refused. After 3 business days, such items will be regarded as returned and eligible for refund subject to the conditions above.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content Disclaimer

Postings on our Website are made at such times as Matrix determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Matrix does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Product reviews and User content

Our Site may include a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

  1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of our site, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose our site or its users to any harm or liability of any type.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates our Legal Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

You agree to defend, indemnify and hold harmless Find Matrix and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Find Matrix, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.