This agreement applies as between you, the User of this website and FRANK WELSON,  Girgaon Mumbai 400004 India, the owner(s) of this website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

 

1. Intellectual Property
   • All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Watch Farm, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable India and International intellectual property and other relevant laws.
   • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Watch Farm.

 

1. Links to Other websites

This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Watch Farm or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

 

1. Product Description and Pricing
   • Prices quoted for Products on the website are stated in Indian rupee ₹.
   • You will be notified of all relevant delivery charges when or shortly after you place your order in any event.
   • The price, availability and specification of the watches as stated on the website are subject to change without notice, but changes will not affect any order we have accepted with a Despatch E-Mail.
   • Our website contains a large number of Products and it is always possible that, some of the Products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
     • Where the Product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
     • If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
   • All photography appearing on the website are for illustration purposes only and, as such, may vary slightly, particularly colours depending on your screen settings. Whilst it is our intention to keep the website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us but before we have sent you a Despatch E-Mail, we will contact you prior to accepting your order with the correct details. You may then either cancel your order and receive a refund or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
   • Details of any promotional offers and discounts, their duration and steps or evidence required to claim them will be detailed on the website. It is your responsibility to claim any discounts which may be available and apply to you. Where you have redeemed a promotional code or any other offer against your order, acceptance of the order is subject to us verifying from the information provided that you comply with all the eligibility criteria and/or terms of the offer. We reserve the right to withdraw or vary the availability of any discounts or promotional offers. Any changes will not affect any order which we have confirmed with a Despatch E-Mail.

 

1. Payment and Ownership
   • Ownership of the Product(s) ordered remains with us until such time as payment in cleared funds has been received from you for all the Product(s) ordered and all associated delivery charges. You will own the Product(s) once we have received payment in full for them and all associated delivery charges, and you have received them.
   • Payments are accepted cash on delivery and from the credit and debit cards listed on the website.

 

1. Delivery and Risk
   • Information about Delivery of your ordered Product(s) is set out on the website. If you have any doubts as to delivery arrangements and for deliveries in excess of 10 Products you should contact our help desk prior to placing your order.
   • When placing your order you must choose whether you want the Product(s) you order to be sent to your home or other private address.
   • For Home delivery orders your order will usually be delivered to you during office hours (9-5 pm), Monday to Saturday. We are unfortunately unable to specify the time at which the watches will be delivered to you. If watches are to be delivered outside these hours, we shall make reasonable attempts to contact you accordingly.
   • Whilst we make every effort to deliver Products on the day we specify, we may not be able to deliver on that day if there is an Unpredictable Event that prevents us from doing so. If we are unable to deliver the Product(s) due to an Unpredictable Event, we will contact you in accordance with clause 10 (below).
   • All risk of loss or damage to the Product(s) will pass to you once we have delivered the Product(s) to your chosen Home Delivery address.

 

1. Warranties and Liability
   • Nothing in these Terms is intended to exclude any provision of legislation designed to ensure that the rights as a consumer are fairly balanced and these terms are otherwise fair.
   • Neither you nor we shall not be responsible to the other for any loss, damage, costs or expenses suffered which are not reasonably foreseeable as a result of any breach of these Terms or carrying out or failing to carry out anything required of each of us respectively. For this purpose, loss, damage, costs or expenses are ‘reasonably foreseeable’ if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract for the Product(s) you ordered.
   • We only supply the Product(s) through the website for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use the Products for that purpose.

 

1. Termination
   • We reserve the right to terminate any contract with you should you be in serious breach of your obligations under these Terms.
   • An Unpredictable Event means any act or event beyond our reasonable control including (but not only), strikes, lock-outs or other industrial action taken by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport between us and your delivery address.
   • We will not be liable or responsible for any failure to carry out, or delay in performance of, any of our obligations under a contract with you that is caused by an Unpredictable Event.
   • If an Unpredictable Event happens which affects the performance of our obligations under any contract with you: (1) We will contact you as soon as reasonably possible to notify you; (2) Our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Unpredictable Event, and we will arrange a new delivery date with you after the event is over; and (3) If you do not agree to the re-arranged delivery date, or do not agree to one being re-arranged, you can receive a refund by notifying us.

 

1. Privacy
   • For the purposes of applicable data protection legislation, Watch Farm will process any personal data you have provided to us in accordance with our Privacy Policy available on the Watch Farm website or on request from Watch Farm.
   • You agree that, if you have provided Watch Farm with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Watch Farm and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Watch Farm’s website or otherwise provided a copy of it to the third party. You agree to indemnify Watch Farm in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
   • Disclaimers
   • Watch Farm makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
   • No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

 

1. Availability of the website
   • The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
   • Watch Farm accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

1. Limitation of Liability
   • To the maximum extent permitted by law, Watch Farm accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
   • Nothing in these terms and conditions excludes or restricts Watch Farm’s liability for death or personal injury resulting from any negligence or fraud on the part of Watch Farm.

 

1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

1. Notices

All notices / communications shall be given to us by email to support@watchfarm.in. Such notice will be deemed received 3 days after posting if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

1. Law and Jurisdiction

These terms and conditions and the relationship between you and Watch Farm shall be governed by and construed in accordance with the Law of India and Watch Farm and you agree to submit to the exclusive jurisdiction of the Courts of  Delhi.