By accepting delivery of any product ordered from WatchMaxx.com (“WatchMaxx.com”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and WatchMaxx.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and WatchMaxx.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from WatchMaxx.com.
This agreement includes all terms and conditions mentioned in WatchMaxx.com web site including, but not limited to:
An order is not binding upon WatchMaxx.com until it is accepted; WatchMaxx.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with WatchMaxx.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping and insurance to the delivery destination are included in the total order price. Claims for loss or damage in transit are the responsibility of the carrier or insurer, and their word is final in any dispute. Customs duties and taxes at the destination are the buyer’s responsibility. WatchMaxx.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow WatchMaxx.com to sign appropriate documents on Customer’s behalf to permit WatchMaxx.com to protect its purchase money security interest. WatchMaxx.com will advise Customer of estimated shipping dates, but WatchMaxx.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of G-d or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between WatchMaxx.com and Customer shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. WatchMaxx.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New York, Kings County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against WatchMaxx.com that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on WatchMaxx.com is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on WatchMaxx.com, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on WatchMaxx.com, should be taken to indicate that all information on WatchMaxx.com has been modified or updated.
These terms and conditions, together with WatchMaxx.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between WatchMaxx.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between WatchMaxx.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage