These terms and conditions apply to this website, and all associated websites and its subsidiaries and affiliates. Please read these terms and conditions carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from this website, and constitute an agreement between you and us. We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of the site at any time, and at our sole discretion. Any change or modification will be effective immediately upon posting the revisions on the website. Your continued use of the website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the website. If you do not agree to the amended terms, you must stop using the website.
Terms of service
TERM OF USE
Data, including prices, may be inaccurately displayed on our website due to a system or typographical errors. While we make every attempt to avoid such errors, they may occur. We reserve the right to correct any and all errors at any time, and we do not honor inaccurate or erroneous prices. If you purchase a product which has been inaccurately or erroneously priced, and we have already shipped the product to you, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at (305) 330-5940.
RISK OF LOSS
In the case of loss by the carrier, during the investigation period by the carrier and/or the insurer, LIVwatches.com reserves the right to hold the funds paid for the product for an indefinite time period, for as long as the investigation continues.
We do not assess nor are we responsible for taxes/duties imposed by other countries. International orders are subject to applicable government import fees, duties, and taxes, which are the sole responsibility of the customer. The final charge from LIVwatches.com includes ONLY the price of the items ordered and shipping fees. To determine whether your order may require additional tax and/or duty charges for importation, please contact your local customs office. There are online duty calculators available that will give an approximate amount you will have to pay, but none will provide guarantees.
In all international shipments, the customer is responsible for paying for all duties and applicable taxes. If the customer refuses to pay customs and duties and/or rejects the package for whatever reason, the product is still considered to have been delivered by LIVwatches.com and the transaction is deemed complete. In this case, the customer will not have received the product, and therefore will not be eligible for any refunds or exchanges.
If you request shipping to an international address, you agree to the following:
"Hereby I authorize LIV Watches to import the goods on my behalf. Further, I agree that LIV Watches may delegate the obligation to import the goods on my behalf to a subcontractor. I will pay the taxes and duties in addition to the purchase price of the goods."
If you request shipping to an EU-member state address, you understand the following:
By ordering goods from eTailer/ supplier destined to EU-member states specifically, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. You hereby give a proxy or power of attorney (“POA”) to eTailer/ supplier’s designated shipping provider for the customs clearance of products ordered by you. This POA authorizes eTailer/ supplier’s designated shipping provider’s assigned customs broker to act on behalf of you. eTailer/ supplier’s designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by eTailer/ supplier’s designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from eTailer/ supplier and transportation conditions from eTailer/ supplier’s designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.
FIVE YEAR WARRANTY
Please review our Five Year Warranty Policy at LIVwatches.com/warranty. Failure to respect the warranty requirements renders all rights resulting from the LIV Watches Five Year Warranty null and void. Only LIV Watches will decide, at its sole discretion, to repair or take any other appropriate measure regarding the LIV Watches timepiece under this Five Year Warranty.
Warranty Transfer: If you purchase a LIV watch as a gift, please note that the warranty is only registered in your name. The warranty is transferable, provided that the new owner can provide suitable evidence of their ownership, such as the original purchase documents.
RETURN POLICY & POLICIES ON SENDING YOUR WATCH BACK FOR A REFUND/EXCHANGE/SERVICE/REPAIR
* All timepieces purchased from our website may be returned with the following conditions:
* Merchandise may be returned within 90 days of receipt. Merchandise must be returned in original, unused condition with all original tape, plastic protectors, and stickers intact and having never been removed. Watches must be unworn with no sizing changes.
* All returned items, whether for refund, repair or exchange, must be clearly labeled with a return authorization number obtained by emailing info@LIVwatches.com. Parcels without a clearly visible valid return authorization number may be refused. International customers must clearly label the exterior of their box as a return/repair. DO NOT INCLUDE THE ORIGINAL RECEIPT IN THE BOX.
* Any shipping fees paid will not be eligible for a refund once the watch has been delivered.
* International customers: Packages must be returned with insurance and delivery to LIV Watches prepaid by the purchaser. We recommend using your local post office to ship your return. Parcels shipped collect will be refused. The customer is liable for loss or damage in transit. Also international customers, please note that if you choose USD as your currency of choice in your original order, that we are not responsible for any fluctuations in the international currency exchange rate. Such international customers will receive refunds equivalent to the USD (US dollar) price at the time of purchase. International customers will not be refunded shipping costs and are responsible for any costs related to returning the item (i.e. shipping and import duties where applicable).
* Refund of the purchase price, less any shipping fees mentioned above will be issued in the same form as payment received.
* Packages that are delivered to hotels, apartment buildings, office buildings or any other types of buildings that are signed for upon delivery are considered delivered, regardless of whether the buyer signed for it or not.
* Very Important: Should your shipment get lost in transit, you must notify us in writing within 30 days of the ship date that you have not received your package. The package will be considered delivered should you fail to notify us within that period, meaning that the responsibility will shift from LIV Swiss Watches to the recipient or customer.
INFORMATION ON OUR SITE
On our site, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, we state that certain physical attributes such as case diameter, weight, and color may differ slightly from the information posted on our site.
On the Site, we provide the measurement of our products based on their measured specifications. Slight differences in the information on our site and actual attributes may occur when posting this information, either by a typographical error or by incorrect manual measurement.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In:The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of time keeping instruments.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
*Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us or between you and any third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which LIV Watches principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
LIV Rewards Program: We reserve the right to make any changes to the program without giving any prior notice. We reserve the right to deny or remove any points gained unethically. Make a purchase within 30 days of posting. Product review is limited to 1 per week.