Terms & Conditions
Watch Clockers – TERMS & CONDITIONS
DC Product Supply, LLC
556 S. Fair Oaks Ave., Ste. 101-354 Pasadena, CA 91105, USA
Contact customer service at 888-264-0395, 9am EST – 9pm EST Monday-Friday, 9am EST – 6PM EST Saturday
ATTN: DC Product Supply, LLC
5136 W Clifton Street
Tampa, FL 33634, USA
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked “refused” or “Return to sender” will not be processed as a refund. You must obtain an RMA number first. 2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately.
Attention: DC Product Supply, LLC
5136 W Clifton Street
Tampa, FL 33634, USA
Your purchase is refundable if you call within 30 days of when you receive your order. Once 30 days from the date you receive your order has elapsed, no refunds will be authorized.
You must have a RMA number from customer service clearly labeled on package. No return to sender will be accepted. See Terms and Conditions for more details so we can better service you. Please don’t hesitate to contact us with any questions or concerns with your order. We suggest calling us at the above customer service line, but you may email us as well and we would be happy to assist you!
IF YOU ARE NOT SATISFIED, PLEASE CALL OR EMAIL WITHIN 30 DAYS FOR FULL REFUND THERE ARE NO REFUNDS OFFERED AFTER 30 DAYS.
1. We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company.
2. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.
3. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered.
4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
5. In order to request a refund, you must contact our Customer Service Department at 888-264-0395. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed.
6. Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization.
7. In order for your refund to be processed, you must include your RMA number written on the outside of your shipment in large and legible print.
8. We must receive the product back to our fulfillment facility in the same condition as shipped, and once it is received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to five (5) days to appear on your credit card statement.
9. Shipping and handling costs are not refundable.
10. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Watch Clockers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Watch Clockers OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Watch Clockers ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Watch Clockers WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Watch Clockers FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Watch Clockers DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Watch Clockers WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Watch Clockers’s entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Watch Clockers in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Watch Clockers was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
CONSENT TO RECEIVE EMAILS FROM US
If you sign up via any of our opt-in forms, or make a purchase from any of our websites… we will send you emails anywhere from once to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to our products. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
All orders are shipped within one (1) business day via USPS. Shipments can be tracked through the USPS tracking link provided in your confirmation email, and typically arrive within two (4) business days to the customer. If you do not receive your products within five (5) business days, please contact customer service at 888-264-0395.
REPRESENTATIONS; PRODUCT DISCLAIMERS
Watch Clockers endeavors to provide You with accurate information about Our Products. You understand and agree that the information Watch Clockers conveys about or Products and/or the information of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Watch Clockers does not warrant or represent that such information is error-free, and Watch Clockers does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Watch Clockers makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Watch Clockers has the right to rely upon all information provided to Watch Clockers by You, and Watch Clockers may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Watch Clockers or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Watch Clockers’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
– Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
– Use the Website for any unlawful purpose;
– Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
– Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
– Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
– Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
– Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
– Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Watch Clockers, You may not:
– Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); – Create derivative works based on the Website or any of the Intellectual Property;
– Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; – Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
– Use any meta-tags or any other “hidden text” using the Website’s name or marks;
– “Deep-link” to any page of the Website;
– Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
– Use any data mining, bots, or similar data gathering and extraction tools on the Website;
– Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
– Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Watch Clockers reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Watch Clockers believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Watch Clockers provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Watch Clockers has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Watch Clockers Website. Watch Clockers cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Watch Clockers Website or third-party content on our sites. Watch Clockers does not endorse any of the merchandise, nor has Watch Clockers taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Watch Clockers does not make any representations or warranties as to the security of any information (including, without limitation, and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Watch Clockers with respect to such sites and third-party content. Watch Clockers strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Watch Clockers nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to our Website. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Watch Clockers.
Watch Clockers shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Watch Clockers’s performance.
You agree to defend, indemnify, and hold harmless Watch Clockers, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to ‘s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Watch Clockers shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Watch Clockers does not hear from You promptly, Watch Clockers reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
If either Watch Clockers or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to 556 S. Fair Oaks Ave., Ste. 101-354 Pasadena, CA 91105, USA. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or class-wide basis. We each agree that any arbitration will be solely between You and Watch Clockers (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Watch Clockers will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Watch Clockers; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No waiver of or by Watch Clockers shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Watch Clockers reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Watch Clockers does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Watch Clockers in writing, these terms and conditions may not be amended by You.
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
556 S. Fair Oaks Ave., Ste.101-354 Pasadena, CA 91105, USA
Last Updated: 04/19/2021