Terms of service

Terms of Service

OVERVIEW

Welcome to SMD WatchWorks.

The terms "we," "us," and "our" refer to SMD WatchWorks. SMD WatchWorks operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services").

SMD WatchWorks is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of the products and services offered through our store.

However, colors and product appearance may vary depending on the device, monitor, display settings, lighting, and other factors.

For pre-owned and refurbished watches, normal cosmetic variation and signs of prior use may be present. We make reasonable efforts to describe the condition, functionality, included accessories, and service performed on each individual product page.

Product descriptions may be updated when necessary.

We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction where appropriate.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

SMD WatchWorks reserves the right to accept or decline an order when reasonably necessary, including in cases of suspected fraud, pricing errors, inventory errors, payment problems, or other circumstances that prevent fulfillment.

Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once processing has begun.

If we need to change, decline, or cancel an order, we will attempt to notify you using the email address, billing information, or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, handling charges, customs fees, or import charges.

Shipping charges, when applicable, will be displayed before payment is completed.

We may occasionally offer promotions governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery are subject to our Shipping Policy.

Orders are generally processed within the timeframe stated in our Shipping Policy.

Delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, severe weather, holidays, supplier fulfillment, or other circumstances outside our reasonable control.

Some products may be fulfilled directly by approved suppliers or distribution partners and may ship separately from other items in the same order.

If an order appears lost, significantly delayed, or arrives damaged, please contact us at:

support@smdwatchworks.com

We will work with you and the applicable shipping carrier or fulfillment partner to help resolve the issue.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including our original text, graphics, logos, designs, images, videos, and other content, are owned by SMD WatchWorks, its affiliates, licensors, or applicable rights holders and may be protected by copyright, trademark, and other intellectual property laws.

Brand names and trademarks belonging to watch manufacturers and other third parties remain the property of their respective owners.

Use of third-party brand names or trademarks on our website is for product identification and informational purposes and does not imply affiliation, sponsorship, endorsement, or authorized-dealer status unless specifically stated.

You may use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, publicly display, republish, download, store, or transmit protected material from the Services without appropriate authorization.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not control.

Such tools are provided on an "as is" and "as available" basis without warranties or endorsements from SMD WatchWorks.

Your use of optional third-party tools is at your own risk and discretion.

You should review and understand the applicable third-party terms before using those services.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, products, or services of third-party websites.

If you choose to access third-party websites, you do so at your own discretion.

Please review the policies and practices of third-party providers before engaging in a transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SMD WatchWorks is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are transactions directly between you and SMD WatchWorks.

Shopify is not the seller of products purchased from SMD WatchWorks and is not responsible for the fulfillment, condition, servicing, shipping, or return of products sold by SMD WatchWorks.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide its platform and related functionality.

Please review our Privacy Policy for information about how personal information is collected, used, stored, and shared.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, feedback, ideas, photographs, or other content to us, you represent that you have the right to provide that content.

You grant us permission to use such content for legitimate business purposes, including operating, improving, and promoting our Services, subject to applicable law.

Feedback must not violate the rights of any third party or contain unlawful, abusive, defamatory, obscene, misleading, or malicious content.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, transit times, or other information.

We reserve the right to correct errors, update information, and cancel orders affected by material inaccuracies when reasonably necessary.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

violate any law or regulation;
infringe intellectual property rights;
transmit false or misleading information;
engage in fraud or impersonation;
distribute malicious software;
interfere with the security or operation of the Services;
collect personal information from others unlawfully;
transmit spam or unauthorized solicitations; or
engage in conduct that restricts or interferes with another person's use of the Services.

We reserve the right to suspend or terminate access where we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED AGENTS

Automated tools, software agents, bots, or similar systems must not access or interact with the Services in a manner that circumvents security controls, access restrictions, CAPTCHAs, rate limits, or other measures designed to protect the Services.

Automated systems must not misrepresent themselves as human users or conceal their automated nature where identification is required.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including for violations of these Terms, fraudulent conduct, misuse of the Services, or other unlawful activity.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination will remain in effect.

SECTION 16 - DISCLAIMER OF WARRANTIES

Except where expressly stated by SMD WatchWorks or required by applicable law, the Services are provided on an "as is" and "as available" basis.

We do not guarantee that the Services will be uninterrupted, error-free, or continuously available.

Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, SMD WatchWorks will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless SMD WatchWorks and its affiliates, service providers, contractors, and partners from claims arising from your unlawful use of the Services, your violation of these Terms, or your violation of the rights of another person.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

These Terms, together with policies posted on our website, constitute the agreement governing your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by the applicable laws of the jurisdiction in which SMD WatchWorks is headquartered, subject to any mandatory consumer protection laws that may apply.

SMD WatchWorks is located in Gold Canyon, Arizona, USA.