Terms and Conditions

Ownership of Merchandise

If you are attempting to sell Merchandise, you hereby represent and warrant to WatchCash that (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise offered to be sold to WatchCash; (v) you are acting on your own behalf, and not as another’s agent or representative; (vi) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth, cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful, toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (ix) any transaction initiated by you will not cause WatchCash to be in violation of any applicable provincial or federal law of Canada; and (x) WatchCash reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for WatchCash to comply with local, provincial and federal law (which includes WatchCash reporting all Merchandise received to the proper authorities as required by applicable law.)

Ownership of Merchandise

You hereby agree that any description of the Merchandise that you provide to us, whether on the packing slip included in the shipping materials provided by, or paid for, by us (“Shipping Package”) or otherwise, will be true, complete, and accurate at the time you submit such description to us. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described by you and the Merchandise we receive, or if no description of the Merchandise was included in the Shipping Package, we may suspend or terminate the Transaction without notice to you. Notwithstanding anything in these Terms and Conditions to the contrary, in the event that we terminate the Transaction because the Merchandise shipped by you is determined by WatchCash, in our sole discretion, to have an altered/mutilated serial number or to be a counterfeit or a replica copy, we will notify you in writing and will ship your Merchandise to you, at your cost, within 5 business days of our receipt of your shipping instructions and payment (if a valid account number with the designated shipper is not provided); provided, however, that you hereby agree that WatchCash may dispose of the Merchandise if we do not receive shipping instructions and payment for all shipping costs from you within 30 days of the date on which WatchCash sends you written notice that the Transaction has been terminated. In the event that WatchCash terminates the Transaction for any other breach of the representations and warranties made by you in connection with your description of the Merchandise, WatchCash will ship your Merchandise to you within 5 business days at our cost by the shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.

Inbound Shipping

If you send us the Merchandise using a Shipping Package we will purchase insurance to cover your Merchandise in the event it is lost damaged for the mid-range value of our quote, once it is processed by the national courier selected by us to ship the Shipping Package (the “Shipper”). In the event that your package is lost we will require that you: provide proof of shipping receipt, provide receipt of proof that goods are lost, and file a claim within 30 days of loss. In the event your package is damaged we will require that you: provide proof of shipping receipt, provide receipt of proof that goods are damaged, demonstrate that the package was not damaged prior to shipping, and file a claim within 30 days of loss. If you believe that you need additional coverage, then it is your responsibility to contact us so that we can provide such additional coverage at your expense before sending us your Merchandise. We will be responsible for all shipping materials, and for paying for the shipping of the Merchandise as well as any other costs such as but not limited to duties, VAT, etc. You are required to show proof of purchase of shipping material if the cost exceeds $10.00. Notwithstanding the foregoing, you shall bear the risk of loss with respect to all Merchandise until such Merchandise is actually received by WatchCash.

Receipt of Merchandise

We videotape the opening and the contents of each package of Merchandise we receive. We will retain the video for ten (10) days after we receive your Merchandise. You may make arrangements with us to order a copy of the video for an additional fee. We reserve the right, at our sole discretion and without notice to you, to reject any inbound package, including any Merchandise not shipped via a Shipping Package. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been “received” by us.

Determining Our Offer

We will determine our estimate of the value of your Merchandise using factors that we deem to be appropriate. In order to value your Merchandise, we may need to open the watch and remove gemstones and other items from the watch. You hereby authorize us to open the watch, remove gemstones and other items from the watch, and take such other actions as we deem reasonably necessary to accurately value your Merchandise.

Accepting or Rejecting Our Offer

You may accept the Offer by replying to the email containing the Offer Notice (the “Offer Notice”), as instructed in the Offer Notice, within forty eight (48) hours after we send you the Offer Notice. If you decline the Offer within the time frame set forth above, and do not authorize us to hold your Merchandise for a longer period in order to make you another offer, we will ship your Merchandise to you at the address indicated in our records within 5 business days at no cost to you, and will insure your Merchandise for full value of the Offer. All Quotes are valid for 48 hours but can be extended at the sole discretion of WatchCash.

Payment for Your Merchandise

Payment to you for your Merchandise will be less any fees owed to WatchCash as stated in the Offer (the “Purchase Price”), via the method of payment you previously selected at the address you provided on your package that you sent to us within five (5) business days of your acceptance of the Offer. We will issue payment for the Merchandise in the amount stated in the Offer, plus any fees associated with shipping materials. You are required to show proof of purchase of shipping material if the cost exceeds $10.00. Alternatively, if you did not previously select a method of payment on your package, then payment of the Purchase Price shall be made via WatchCash cheque by a national courier of our choice and mailed to you at the address listed in our records within five (5) business days of your acceptance of the Offer.

ALL SALES FINAL

ALL SALES ARE FINAL. NO REFUNDS, RETURNS OR CREDITS ARE PERMITTED.

If you have elected to receive the Purchase Price by cheque, PayPal or wire transfer, the transaction is final once WatchCash has sent a payment to the address you provided.

Returned Merchandise

In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the shipping method of our choosing, at our expense, and will purchase insurance coverage through the Shipper for the Merchandise for the full value of the rejected Offer.

If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with the Shipper and pay you the full amount received by us from the Shipper.

Your Account

If you establish an account on the Site, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer. Furthermore you agree to accept responsibility for all activities that occur under your account or password.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Rules Governing Your Use of the Site

You are entirely responsible for any harm resulting from your use of the Site. WatchCash does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site.

You represent and warrant that: (i) you will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; (ii) you will not access the Site through the use of scripts, bots or other automated means; (iii) you will not access the Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, the Site unless otherwise specifically authorized by us in a separate written agreement; (iv) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site; (v) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (vi) you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property (as defined in “Our Intellectual Property Rights” below) or enforce limitations on use of the Site or the Materials on the Site; and (vii) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on the Site is at your own risk.

Our Intellectual Property Rights

The Site, all materials on the Site, including, but not limited to the logos, sales copy, images, navigational aids, illustrations, and all of such items that are provided to you in tangible form (the “Intellectual Property”), are owned by and the property of us or our affiliates and licensors and are protected from unauthorized use, distribution and copying by Canada trademark law and copyright law. In order to use any Intellectual Property, you must obtain our written consent prior to your use. We reserve all rights not expressly granted by these Terms and Conditions.

Electronic Signature

FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS.

YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE WATCHCASH GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE IN ACCORDANCE WITH THE ELECRONIC COMMERCE ACT, 2000, S.O. 2000, C. 17.

Limitation of Liability

IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED THE LESSER OF OUR OFFER TO YOU OR THE INSURED VALUE OF THE MERCHANDISE DURING SHIPPING.

NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE MERCHANDISE YOU PROVIDED TO US, (II) HAS AN ALTERED OR MUTILATED SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED $100.00 WITH RESPECT TO SUCH MERCHANDISE.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTIONS, THE MERCHANDISE OR THE SITE, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

Miscellaneous

You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier.

These Terms and Conditions are subject to change and will be updated on the Site.

WatchCash is licensed to do business in the Province of Ontario, Canada and is governed by the laws of the Province of Ontario, Canada.

Binding Arbitration

YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST WATCHCASH ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION.

A single arbitrator shall conduct any matter referred to arbitration pursuant to this Terms and Conditions, together with the Customer Agreement and the Privacy Policy. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall have the power to award costs of the arbitration. The arbitration award shall be in writing and shall be final and binding on the parties and no appeal shall lie therefrom.

Severability

In the event that any provision hereof is declared to be illegal, invalid or unenforceable by a court of competent jurisdiction or other legal process or decree, such declaration shall have effect only with respect to the provision specifically declared illegal, invalid or unenforceable and the balance of these Terms and Conditions shall remain in full force and effect in accordance with its terms.

The failure of a party to enforce any applicable provision of these Terms and Conditions, or to require at any time performance by the other party of any provision or obligation hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of these Terms and Conditions or any part hereof, or the right of such waiving party.

Entire Agreement

These Terms and Conditions, together with the Customer Agreement and Privacy Policy, contain the entire agreement by and between the parties and supersedes any and all other agreements, negotiations and discussions, either written or oral, between the parties relating in any way to the Merchandise or Transaction. Each party expressly acknowledges and agrees that no representations, inducements, promises, and/or agreements, orally or otherwise, have been made by any party that are not explicitly set forth in these Terms and Conditions, together with the Customer Agreement and Privacy Policy, and that any agreement, statement and/or promise not contained herein is void and unenforceable.

Binding Effect and Enurement

This Terms and Conditions, together with the Customer Agreement and the Privacy Policy, shall be binding upon, and inure to the benefit of, each of the parties hereto, as well as their respective permitted successors, assigns, heirs, estates, and executors.