Terms of Service

COMPREHENSIVE TERMS OF SERVICE AGREEMENT

OVERVIEW AND ACCEPTANCE OF TERMS

This digital platform and online store (the "Site") is operated by Watches5.com. Throughout these Terms of Service, the terms "we," "us," "our," and "the Company" refer collectively to Watches5.com. Watches5.com provides this website, including all associated information, features, tools, and services available from this domain to you, the visitor or user, conditioned expressly upon your unconditional acceptance of all terms, conditions, policies, notices, and disclaimers stated herein in their entirety.

By merely visiting our site, browsing its content, and/or purchasing any product or service from us, you actively engage in our "Service" and thereby enter into a binding agreement to be governed by the following terms and conditions (hereinafter referred to as the "Terms of Service," "Terms," or "Agreement"), including any and all additional terms, conditions, and policies referenced herein and/or accessible via hyperlink on this platform. These Terms of Service apply universally and obligatorily to all users of the site, encompassing without limitation individuals who are browsers, prospective customers, vendors, merchants, content contributors, and/or registered account holders.

It is imperative that you read these Terms of Service meticulously and in full before accessing or utilizing any portion of our website. By accessing, browsing, or using any part of the site, you explicitly acknowledge, agree, and consent to be legally bound by these Terms of Service. Should you disagree with any part or the entirety of this Agreement, you are expressly prohibited from accessing the website or utilizing any services offered herein. If these Terms of Service are legally construed as an offer, your acceptance is strictly and exclusively limited to these Terms of Service.

Any new functionalities, enhancements, features, or tools which are subsequently integrated into the existing online store shall automatically and without exception become subject to these Terms of Service. You may review the most current and up-to-date version of the Terms of Service at any time by visiting this dedicated page. We explicitly reserve the fundamental right to update, amend, modify, alter, or replace any part of these Terms of Service at our sole discretion by posting such updates, amendments, and/or changes directly to our website. It remains your sole and ongoing responsibility to periodically review this page for any modifications. Your continued use of, or access to, the website and its services following the posting of any changes constitutes your definitive and irrevocable acceptance of those changes, along with your agreement to be bound by the revised terms.

Our e-commerce store is hosted on the Shopify Inc. platform. They furnish us with the robust online e-commerce platform and technological infrastructure that enables us to market, sell, and deliver our products and services directly to you, the customer.

SECTION 1 - ONLINE STORE TERMS & USER REPRESENTATIONS

By expressly agreeing to these Terms of Service, you hereby represent and warrant that you are at least the age of majority (as legally defined) in your state, province, or territory of residence. Alternatively, if you have reached the age of majority, you affirm that you have provided us with your explicit consent to permit any of your minor dependents to access and use this site under your supervision and account.
You are strictly prohibited from utilizing our products for any illegal, illicit, or unauthorized purpose. Furthermore, in your use of the Service, you must not violate, infringe upon, or contravene any applicable local, state, provincial, national, or international laws, statutes, rules, or regulations in your jurisdiction. This includes, but is in no way limited to, comprehensive copyright and intellectual property laws.
You must not, under any circumstances, transmit, upload, or introduce any worms, viruses, Trojan horses, malicious code, or any other software or code of a destructive, deceptive, or disruptive nature designed to impair the functionality of the Service.
Any breach, violation, or non-compliance with any of the stipulated Terms will result in the immediate termination, without prior notice, of your right to access and use our Services, at our sole discretion.

SECTION 2 - GENERAL CONDITIONS GOVERNING USE

We reserve the unequivocal right to refuse service, terminate accounts, cancel orders, or deny access to any individual or entity, for any lawful reason or for no reason, at any time, without prior notice or liability.
You acknowledge and understand that the content you submit (excluding sensitive credit card information, which is handled separately) may be transferred across various networks in an unencrypted format. This process may involve (a) transmissions over multiple disparate networks; and (b) necessary technical changes to conform and adapt said content to the technical requirements and specifications of connecting networks, systems, or devices. Credit card and other sensitive payment information is, however, always encrypted during transfer over networks using secure socket layer technology (SSL) and other industry-standard protocols.
You expressly agree not to reproduce, duplicate, copy, sell, resell, exploit, or commercially utilize any portion of the Service, the use of the Service, or access to the Service, including any contact information, proprietary data, or content on the website through which the service is rendered, without obtaining our prior express written permission, which we may withhold at our sole discretion.
The section headings, titles, and subheadings used throughout this Agreement are inserted solely for convenience of reference and organizational clarity. They shall not in any way be deemed to affect the meaning, interpretation, scope, or limitation of the substantive provisions of these Terms.

SECTION 3 - DISCLAIMER ON INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

We shall not be held responsible, liable, or accountable in any manner if the information presented, published, or otherwise made available on this site is found to be inaccurate, incomplete, misleading, or not current. All material, data, descriptions, and content on this site are provided for general informational purposes only. Such material should not be solely relied upon or used as the exclusive basis for making personal, business, or financial decisions without consulting primary, more authoritative, more accurate, more complete, or more timely sources of information. Any and all reliance you place upon the material found on this site is strictly and entirely at your own peril and risk.
This site may contain certain historical archives, records, or information. Historical information, by its very nature, is not current, may be outdated, and is provided strictly for your archival reference and educational interest only. We explicitly reserve the right to modify, alter, update, or remove the contents of this site at any time, without notice. However, we assume no obligation, duty, or commitment to update, amend, or clarify any information on our site, except as may be required by law. You hereby agree and acknowledge that it is your personal responsibility to monitor, review, and stay apprised of any changes, updates, or modifications made to our site and its content.

SECTION 4 - MODIFICATIONS TO SERVICE OFFERINGS AND PRICING STRUCTURE

The listed prices for all our products are subject to change at any time, without prior notice or obligation to users who have previously viewed a different price.
We reserve the absolute right, at our sole discretion and at any time, to modify, amend, alter, discontinue, suspend, or terminate the Service (or any specific part, component, feature, or content thereof) without providing notice to you, effective immediately upon implementation.
We shall not be liable to you or to any third-party, under any legal theory, for any modification, revision, price change, suspension, interruption, or permanent discontinuance of the Service. This includes but is not limited to any perceived loss of data, opportunity, or potential revenue you may attribute to such actions.

SECTION 5 - PRODUCTS, SERVICES, AVAILABILITY, AND REPRESENTATIONS

Certain exclusive products or specialized services may be available for purchase solely through the online channels of this website. These products or services may have strictly limited quantities, be available for a limited time only ("limited edition"), and are subject to return, exchange, or refund strictly in accordance with the terms and conditions detailed in our official Return and Refund Policy, which is incorporated herein by reference.
We have made diligent and commercially reasonable efforts to display as accurately as possible the colors, textures, designs, and images of our products as they appear in our inventory and physical store (if applicable). However, we cannot and do not guarantee that the display of any color, texture, or image on your individual computer monitor, tablet screen, or mobile device will be accurate, faithful, or free from variation due to differences in display technology, calibration, and settings.
We reserve the right, but are under no obligation, to limit the sales of our products or Services to any specific person, demographic group, geographic region, jurisdiction, or postal code. We may exercise this right on a case-by-case basis at our sole discretion. We further reserve the right to limit the quantities of any products or services that we offer, to impose purchase limits per customer, or to discontinue offering certain product lines entirely. All descriptions of products, product features, specifications, and product pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the irrevocable right to discontinue any product, model, or service at any time, without liability. Any offer for any product or service made on this site is null and void where prohibited by applicable law.
We do not warrant, guarantee, or represent that the quality, performance, or outcome of any products, services, information, or other material purchased, downloaded, or otherwise obtained by you will meet your specific expectations or requirements. Nor do we warrant that any errors, defects, or inaccuracies in the Service will be corrected, though we may attempt to do so.

SECTION 6 - ACCURACY OF BILLING, ACCOUNT INFORMATION, AND ORDER PROCESSING

We reserve the unambiguous right to refuse, reject, or cancel any order you place with us, for any or no reason, at our sole discretion. We may, based on our internal criteria, limit or cancel quantities purchased per individual person, per household, or per single order. These restrictions may apply to orders placed by or under the same registered customer account, orders utilizing the same credit card or payment method, and/or orders shipped to or billed to the same shipping and/or billing address. Should we need to make a material change to or cancel an existing order, we may, but are not obligated to, attempt to notify you by contacting the e‑mail address, billing address, and/or phone number you provided at the time the order was originally placed. We reserve the right to limit, restrict, or prohibit orders that, in our sole and reasonable judgment, appear to have been placed by commercial dealers, unauthorized resellers, distributors, or entities engaged in fraudulent activities.
You expressly agree to provide, at all times, current, complete, truthful, and accurate purchase and account information for every transaction conducted at our online store. You further agree to promptly update, maintain, and keep current your account and related information, including but not limited to your valid email address, physical addresses, and credit card numbers with their correct expiration dates and security codes, so that we can efficiently complete your transactions, contact you regarding orders, and manage your account as needed.
For comprehensive detail regarding post-purchase processes, please review our official Returns Policy and Shipping Policy, which are integral parts of this agreement.

SECTION 7 - PROVISION OF AND DISCLAIMER FOR OPTIONAL THIRD-PARTY TOOLS

From time to time, we may provide you with access, links, or interfaces to certain tools, applications, or services developed, offered, and maintained by third-party providers ("Optional Tools"). We neither monitor nor have any control, oversight, input, or influence over the design, functionality, or operation of these third-party tools.
You acknowledge, understand, and expressly agree that we provide access to such Optional Tools strictly on an "as is" and "as available" basis, without any warranties, representations, endorsements, or conditions of any kind, either express or implied. We shall bear no liability, obligation, or responsibility whatsoever arising from or related in any way to your selection, download, installation, use of, or reliance upon any such optional third-party tools.
Any use by you of Optional Tools offered through or linked from our site is undertaken entirely at your own risk and discretion. You are solely responsible for ensuring that you are familiar with, understand, and approve of the separate terms of service, privacy policies, and data practices of the relevant third-party provider(s) before engaging with their tools.
We may also, in the future, decide to offer new services, functionalities, and/or features through the website (including, for example, the release of new proprietary or third-party tools and resources). Such new features, services, and tools shall, unless explicitly stated otherwise in a separate agreement, also be subject to these overarching Terms of Service.

SECTION 8 - THIRD-PARTY LINKS, CONTENT, AND EXTERNAL WEBSITES

Certain content, promotional offers, products, and services accessible via our Service may incorporate or consist of materials sourced from third-parties.
Hyperlinks located on this site may direct your browser to external third-party websites that are not owned, operated, controlled, or affiliated with Watches5.com in any manner. We are not responsible for examining, evaluating, verifying, or endorsing the content, accuracy, quality, completeness, or legality of these external sites. We expressly disclaim all warranties and will not have any liability or responsibility for any third-party materials, websites, products, services, opinions, or for any other materials, products, or services offered by third-parties.
We shall not be liable for any harm, damages, losses, or negative experiences related to the purchase, subscription, or use of goods, services, resources, content, promotions, or any other transactions conducted in connection with any third-party websites. We strongly advise you to carefully review the specific privacy policies, terms of use, and other practices of any third-party site before engaging in any transaction. Complaints, claims, concerns, or questions regarding products or services purchased from third-parties must be directed exclusively to that specific third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, SUGGESTIONS, AND OTHER SUBMISSIONS

If, at our specific request (e.g., for contest entries, testimonials), you send certain designated submissions, or if without a prior request from us you voluntarily send creative ideas, suggestions, proposals, plans, designs, concepts, or other materials (whether online, via email, postal mail, or otherwise, collectively referred to as 'Comments'), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such Comments in any medium and for any purpose, commercial or otherwise. We are and shall be under no obligation whatsoever: (1) to maintain any Comments in confidence or treat them as proprietary; (2) to provide any form of compensation or payment for any Comments; or (3) to acknowledge, respond to, or act upon any Comments.
We may, but assume no obligation to, monitor, screen, filter, edit, refuse to post, or remove any Comments or other user-generated content that we determine, in our sole and absolute discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, invasive of privacy, objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You represent and warrant that your Comments will not violate any legal right of any third-party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other personal or proprietary rights. You further agree that your Comments will not contain material that is libelous, unlawfully threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. They must not contain any computer virus, malware, or other harmful code that could impair the operation of the Service or any related IT system. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely and entirely responsible for the content and accuracy of any Comments you submit. We assume no responsibility and expressly disclaim all liability for any Comments posted by you or any third-party on our platform.

SECTION 10 - GOVERNANCE OF PERSONAL INFORMATION SUBMISSION

Your submission, provision, and our subsequent collection, processing, storage, and use of personal information through the online store are comprehensively governed by our Privacy Policy. To understand our data practices, please view our full Privacy Policy, which is incorporated into these Terms by reference.

SECTION 11 - POLICY ON ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or within the Service may contain typographical errors, inadvertent inaccuracies, or omissions. These may relate to product descriptions, specifications, pricing (including sales promotions), offers, shipping charges, delivery transit times, availability status, and product inventory levels. We expressly reserve the right to correct any such errors, inaccuracies, or omissions, and to change, update, or modify information on the site. This includes the right to cancel any orders placed based on inaccurate information (including orders placed and confirmed) at any time without prior notice, including after an order confirmation has been sent.
Unless required by applicable law, we undertake no obligation, and expressly disclaim any duty, to update, amend, or clarify information in the Service or on any related website. This disclaimer includes, without limitation, pricing information. No specified update or refresh date applied to the Service or any related website should be interpreted to indicate that all information therein has been comprehensively modified, reviewed, or brought up to date.

SECTION 12 - ENUMERATION OF PROHIBITED USES

In addition to other prohibitions explicitly set forth elsewhere in these Terms of Service, you are strictly prohibited from using the site, its servers, or its content for any of the following purposes: (a) any unlawful, fraudulent, or malicious purpose; (b) to solicit, incite, or encourage others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights (or those of any third party); (e) to harass, abuse, insult, harm (physically or reputationally), defame, slander, disparage, intimidate, or discriminate against individuals or groups based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected class; (f) to submit, provide, or upload false, fraudulent, or misleading information; (g) to upload, transmit, or distribute viruses, worms, Trojan horses, or any other type of malicious or destructive code designed to interfere with, disrupt, damage, or limit the functionality of the Service, any related website, other websites, or the Internet; (h) to collect, harvest, or track the personal information of others without their express consent; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, scraping, or any similar data extraction activity; (j) for any obscene, immoral, or unethical purpose; or (k) to interfere with, bypass, circumvent, or attempt to undermine the security features, authentication measures, or access controls of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service and any related website immediately for violating any of these prohibited uses.

SECTION 13 - COMPREHENSIVE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, continuous, timely, secure, error-free, or free from defects, viruses, or other harmful components.
We do not warrant that the results, outcomes, data, or information that may be obtained from the use of the Service will be accurate, reliable, complete, or suitable for any particular purpose.
You expressly agree that we may, without notice, remove the Service for indefinite periods of time, or cancel the Service permanently at any time, for maintenance, upgrades, or any other reason, without liability to you.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE AND ABSOLUTE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED IN WRITING BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT SHALL WATCHES5.COM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THIS LIABILITY ARISES FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT. IT INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT YOU PAID TO WATCHES5.COM FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

SECTION 14 - INDEMNIFICATION OBLIGATION

You agree to indemnify, defend (at our request), and hold harmless Watches5.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law, regulation, or the rights of a third-party (including but not limited to intellectual property and privacy rights).

SECTION 15 - SEVERABILITY AND PARTIAL ENFORCEABILITY

If any provision, clause, or part of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable for any reason, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such severance shall not affect the validity, lawfulness, or enforceability of any other remaining provisions, which shall remain in full force and effect as if the invalid provision had never been included herein.

SECTION 16 - TERMINATION AND POST-TERMINATION EFFECTS

The obligations and liabilities, including but not limited to payment obligations, warranty disclaimers, indemnification, and limitations of liability, incurred by the parties prior to the effective termination date shall survive the termination of this Agreement for all purposes, indefinitely.
These Terms of Service remain effective and legally binding unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or simply by ceasing all use of our site and services.
If, in our sole and exclusive judgment, you fail, or we have reasonable grounds to suspect that you have failed, to comply with any term, condition, or provision of these Terms of Service, we may terminate this Agreement immediately and without prior notice. Upon such termination, you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to our Services (or any part thereof) permanently or temporarily.

SECTION 17 - ENTIRE AGREEMENT AND NO WAIVER

Our failure to exercise, delay in exercising, or partial exercise of any right, power, or provision under these Terms of Service shall not operate as a waiver of that or any other right, power, or provision. No waiver shall be effective unless it is in writing and signed by an authorized representative of Watches5.com.
These Terms of Service, together with any policies, guidelines, or operating rules posted by us on this site concerning the Service, constitute the sole, entire, and complete agreement and understanding between you and Watches5.com. They govern your use of the Service and supersede any prior or contemporaneous agreements, arrangements, communications, proposals, and understandings, whether oral or written, between you and us relating to the subject matter hereof. This includes, but is not limited to, any prior versions of the Terms of Service.
Any ambiguities in the interpretation or construction of these Terms of Service shall not be construed against the drafting party (Watches5.com). Both parties acknowledge they have had the opportunity to review these Terms with legal counsel if desired.

SECTION 18 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate, ancillary agreements whereby we provide you specific Services shall be governed by, and construed in accordance with, the substantive laws of the People's Republic of China, without regard to its conflict of law principles. For any dispute not subject to mandatory arbitration, you agree to submit to the exclusive jurisdiction of the competent courts located within China.

SECTION 19 - PROCEDURE FOR CHANGES TO TERMS OF SERVICE

You can review the most current, authoritative version of the Terms of Service at any time by visiting this specific URL on our website.
We reserve the right, at our sole and absolute discretion, to update, change, revise, modify, or replace any part, portion, or the entirety of these Terms of Service by posting the updated Terms and changes on our website. The date of the last revision will be indicated at the top of the Terms. It is your continuing responsibility to check our website periodically for any such changes. Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms of Service constitutes your binding and unconditional acceptance of, and agreement to be bound by, those revised terms.

SECTION 20 - CONTACT INFORMATION AND INQUIRIES

Any questions, clarifications, or concerns regarding the interpretation or application of these Terms of Service should be directed to our dedicated support team. Please send your communication to us via email at: service@watches5.com. We will endeavor to respond to legitimate inquiries in a reasonable timeframe.