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Terms and conditions

 

Our Website

We welcome you to the 121time.com / 121market.com web site (the 'Site') owned by ITMPCS Sàrl, located in Martigny, Switzerland ('ITMPCS'). If you visit, browse or shop on our Site, you hereby accept to be bound by these Terms and Conditions. We encourage you to read them carefully. Unless otherwise expressly stated, this Site may not be used except as provided in these Terms and Conditions.

When you visit our Site, you are communicating with us electronically. If you do not agree to these terms, you may not use this site. Therefore, your communication and use of our site constitutes your consent to receive communications from us electronically. In order to continually improve the quality of our service and the convenience of this Site to its customers, ITMPCS reserves the right to make changes to this Site, including its content, product offerings, services, policies, and these Terms and Conditions at any time without prior notice. Any such updates and modifications shall be deemed accepted by you if you use this Site

License to Access and Use Site

ITMPCS grants you a non-transferable and non-exclusive limited license to access and make personal use of this Site. No such license is given to you to modify, appropriate, delete or otherwise alter the content of this Site. This license does not include any resale or commercial use of this Site or its contents. No rights are granted to you to collect, disseminate, reverse engineer, assign, sublicense, transfer or otherwise obtain derivative commercial use of this Site or its contents. The limited license offered to you for use of this Site does not permit you to reproduce, duplicate, deep-link, copy, sell, resell, or otherwise exploit for commercial purposes any portion of this Site without express written consent of ITMPCS. No license is given to you to place any portion of this Site within an Internet-based frame or to use any of the ITMPCS Marks as metatags or other hidden text in any other web site or other electronic or print media.

DISCLAIMERS AND WARRANTIES

WHILE ITMPCS UNDERTAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, ITMPCS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND TIMELINESS. YOU, AS A USER OF THIS SITE AND/OR AS CUSTOMER OF OUR SERVICES PROVIDED ON THIS SITE, EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ITS SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING, THIS SITE AND PRODUCTS SOLD ON THIS SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. ITMPCS, ITS DIRECTORS, EMPLOYEES, AGENTS AND VENDORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ITMPCS, INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS AND VENDORS, DOES NOT WARRANT OR REPRESENT THAT ITS SERVICES PROVIDED ON THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT SUCH SERVICES WILL OCCUR ERROR-FREE, UNINTERRUPTED, TIMELY OR RENDERED IN A SECURE MANNER. ITMPCS DOES NOT WARRANT OR REPRESENT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ITS SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ITMPCS, OR ITS DIRECTORS, EMPLOYEES, AGENTS AND VENDORS, OR THROUGH THE SERVICES OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY APPROVED IN WRITING BY ITMPCS. ANY DOWNLOADING OF TEXT, AUDIO OR VIDEO, USE OF ANIMATION OR INTERACTIVE TOOLS, OR OTHER ELECTRONIC COMMUNICATIONS PERFORMED BY YOU THROUGH THIS SITE ('COMPUTER-RELATED ACTIVITIES') SHALL OCCUR AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH COMPUTER-RELATED ACTIVITIES.

Repair and Limited Warranty for Watches

You can send back any watch you have ordered within 30 days of receipt for any reason. Only the return costs of mailing are at your charge. This return option is available only for watches that have not been worn or damaged. EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY PROVISION, ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY OF THESE TERMS AND CONDITIONS SHALL APPLY.

  • What is covered:
    Each ITMPCS watch purchased through our Site is warranted by ITMPCS to be free from defects in material and workmanship (and power cell failure) under normal use for a period of 2 years from the date of purchase.
  • What is not covered:
    This limited warranty excludes batteries and does not protect against moisture or water damage unless the watch is marked 'water resistant'. ITMPCS is not liable for incidental or consequential damages arising from the failure or malfunction of the watch and any recovery against ITMPCS may not be greater than the purchase price of the watch.
  • What ITMPCS will do:
    In the event of malfunction during the warranty period, we will cause the defect to be remedied at no cost to you. If the event repair is not possible, we will either replace your watch with a new similar watch (if possible) of the same value or refund the full purchase price of your watch, whichever you prefer. You will be asked by E-mail. Freight charges for returning the product to us is at your costs, however we do not charge for sending you the replacement product.
  • How to get service:
    You first have to check on ITMPCS website if the warranty is still in service by entering your watch identification number. If the warranty is still applicable, please send your watch to the closest service center (we will indicate to you this location within 48 hours) after your request. Look at the procedure on the website. You do not have to return the attached Warranty Registration Card. However, you must indicate the watch number, a requirement for tracking and identification. We recommend that upon purchase that you complete and mail your warranty registration card so that the number can be recorded.

 

WARNINGS AND SPECIAL INSTRUCTIONS

IN ORDER TO PREVENT RISKS OF INJURY, WE RECOMMEND THAT YOU DO NOT CHANGE THE STRAP OF THE WATCH YOURSELF. THIS SHOULD BE DONE ONLY BY A TRAINED TECHNICIAN. IN ANY EVENT, ANYONE REMOVING THE CONNECTOR PORTION OF THE STRAP SHOULD ALWAYS WEAR PROTECTIVE EYEGLASSES.

Leather strap are rarely water resistant unless they received a special treatment. Some straps that we offer on our Site are water resistant, as may be indicated during your selection process.

Applicable Law / Jurisdiction

These terms and conditions shall be construed under the laws of Switzerland, exclusive of its choice of laws provisions. All users and customers of this Site hereby agree to be subject to the exclusive jurisdiction of the appropriate Swiss courts in the event of a dispute arising from these Terms and Conditions or from the use of this Site.

Severability

If any provisions of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable by an authority of applicable and competent jurisdiction, that provision shall be deemed severable and not have any effect on the validity and enforceability of any remaining provisions of these Terms and Conditions.

Taxes and Customs Duties

Our company is located in Switzerland. VAT or/and other sales tax are not added to the price as displayed in your shopping cart when the watch is sold and shipped abroad. Each customer should pay VAT and/or custom duties directly to the carrier (UPS)

Patents

This Site and components thereof may be subject to one or more United States and/or international patents or pending applications for such patents owned by ITMPCS.

Trademarks

FACTORY121.COM, FACTORY121, 121TIME and 121 are trademarks of ITMPCS, or its subsidiaries, in Switzerland or other locations. Except as expressly stated otherwise, all graphics, icons, scripts, service names, headers, bullets, captions, watch and screen designs, logos, and other 'look and feel' aspects of our Site are also trademarks of ITMPCS (collectively, 'ITMPCS Marks') and may not be used in connection with any product or service by third parties without the express written consent of ITMPCS. No ITMPCS trademark may be used by any third party in a manner that causes confusion among customers, or in any way disparages or harms the goodwill of ITMPCS. All other trademarks not owned by ITMPCS or its subsidiaries that appear on this Site are the property of their respective owners.

Copyrights

ITMPCS respects the copyrights of others, and we request our web site users and customers to respect our copyrights. As a user or customer, you should assume that everything you see or read on this Site is copyrighted or otherwise constitutes proprietary information and know-how owned by ITMPCS. By using this Site, you hereby acknowledge and agree that the services and any necessary software used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property laws. Any materials downloaded from this Site may shall be done only for personal use and shall in no way be deemed a transfer of rights or title of any kind.

Privacy Policy

ITMPCS will not rent or sell your name, address, email address, credit card information or personal information to any third party without your prior permission. However, we must cooperate fully should a situation arise where we are required by law or by the order of a competent legal authority to provide information about a user or customer.

If you have purchased from this Site, we may occasionally update you via email for special promotions and other information. We may share non-personal, general statistics or demographic information in aggregate form with our marketing partners, advertisers or other third-parties ('Business Partners') for research purposes. However, we will not disclose to our Partners specific products purchased by you.

If you have any questions regarding our privacy practices, please call us at our headquarters (phone: +41 27 307 11 10) or use the 'contact us' button of the Help section of this Site.

Data Collection

ITMPCS collects personally identifiable information when you order a product. ITMPCS may also receive personally identifiable information from various Business Partners. Our web server automatically collects information about you when you request pages from our server, including your IP address. Your IP address is a number that is used by computers on the network to identify your computer so that data (such as the web pages you request) can be sent to you. We use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is also used to keep track of your shopping cart and to gather broad demographic information about users in a particular area. This information does not, however, contain anything that can identify you personally. The hostname of your computer is identified by our server as well. Our Site uses cookies to keep track of your shopping cart and to make your experience on our Site more efficient and pleasant. ITMPCS reserves the right to temporarily or permanently suspend, modify or discontinue this Site, your account or your password and any of your data at any time and for any reason without prior notice.

What Are Cookies?

Cookies are small data files that many web sites use to identify you when you visit their site. These small text files allow a website to remember your browsing habits, save information in abandoned shopping carts for your next visit, and can also keep track of products that you have shown an interest in. Cookies are designed to enhance the quality of your experience on a website.

How We Use Cookies?

When a shopper adds any item to their shopping cart, a cookie is created on the users machine with unique Shopper ID number. If you leave our site without completing a transaction, the next time you visit our Site your previous product selections will show in your basket. This allows you to easily remember what you were interested in the last time you visited our site.

If you are a registered member of our Site, the cookie that we have placed on your computer contains not only a unique Shopper ID, but also information about your preferences which you specified upon the creation of your account. The cookie on your hard drive also triggers our 'auto recognize' function if you have enabled this option.

We also use cookies to track our marketing programs. Using cookies in conjunction with our marketing efforts (banners, buttons, sponsorships, etc) allows ITMPCS to build a better site for our customers. When looking at this data, ITMPCS aggregates the information, constantly looking for trends and patterns in our analysis.

Security

All the transactions are handled by PAYPAL, a company specializing in e-commerce security using the industry standard encryption technology to keep your credit card information safe. When making a purchase on our Site, your shopping is performed under a secure mode using SSL encryption -- the Internet standard for secure transactions.

Limitation of liability

You, as a user of this site and/or as customer of our services provided on this site, expressly understand and agree that ITMPCS and its directors, employees, agents and vendors shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including but not limited to lost profits, attorneys fees, damage to goodwill, loss of data, interruption of data access, or other intangible losses) arising from the use of this site, computer-related activities, the use of your information and data, or the purchase of products on this site. ITMPCS shall not be liable under this section even if it has been advised of the possibility of such damages. Under no circumstances shall ITMPCS be liable for any amount greater than the total amount paid by you to ITMPCS. ITMPCS will not be liable to you or any third party for any suspension, modification or discontinuation of the site, your account or password. Because ITMPCS has no control over third parties , you acknowledge and agree that ITMPCS is not responsible for the services of third parties, such as delivery and mail services, third party vendors, third party web sites, and other intermediaries and parties operating beyond the control of ITMPCS.