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Terms of Service

In the terms and conditions set forth below (the “Terms and Conditions”), the terms “you” and “your” refer to, as applicable, (i) the person or persons purchasing a watch or other a watch or other item or items containing gold, platinum, silver, titanium, other precious metals, gemstones (including but not limited to diamonds, rubies, sapphires and emeralds), or any combination thereof (hereinafter referred to as “Merchandise”) from Crown & Caliber, LLC (“Crown & Caliber”) or a third-party seller (referred to herein as a “Third-Party Seller”), for whom Crown & Caliber will act as a facilitator of such sale, in Crown & Caliber’s Heuer 100 (the “The Heuer 100 Sale”) (each such purchase or sale transaction hereinafter referred to as “Transaction”); or (iii) the person or persons using this website (the “Site”). “We,” “our,” and “us” refer to Crown & Caliber and its successors and assigns.

These Terms and Conditions are binding on every Crown & Caliber customer in the Heuer 100 Sale and shall apply to all business dealings between you and Crown & Caliber and/or any Third-Party Seller in the Heuer 100 Sale, including, but not limited to, your use of the Site, the Transaction. You hereby make representations and warranties to Crown & Caliber (regardless of whether a Transaction is consummated and whether Crown & Caliber is the seller of the Merchandise) and any Third-Party Seller (if a Third-Party Seller is the seller of the Merchandise), and agree to the terms and conditions, in each case as set forth in the Terms and Conditions, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from Crown & Caliber.

Risk of Loss

All Merchandise purchased from Crown & Caliber or a Third-Party Seller in the Heuer Sale are FOB Shipping Point. This means that the risk of loss and title for such Merchandise pass to you upon our delivery of the Merchandise to the carrier.

All Sales Final.  No Returns, Refunds and Title

All Merchandise sales in the Heuer Sale are final.  All Merchandise is sold “as is”, and does not come with any warranty.

On all items, overhaul is recommended at the buyer’s expense. Long-term precision and regularity cannot be guaranteed. Size and weight may deviate from the manufacturer’s indication. All watches are hand-measured and weighed.

Conditions may not specify mechanical replacements or imperfections to the movement, case, dial, pendulum, separate base(s) or dome. Watches with water resistant cases may have been opened to inspect the movements; however no warranty is given that the watch(es) are currently water resistant.

We do not warranty nor guarantee the authenticity of any individual component parts, including wheels, hands, crowns, crystals, screws, bracelets, leather bands, and strap hardware, as repairs, restoration, and other subsequent work may have resulted in the replacement of original parts.

Timepieces often contain extremely complex, fine, and rare mechanisms, as such, buyers should be aware that a general service, battery change, or further repair work, which is the sole responsibility of the buyer, may be necessary. No warranty of representation is made that any watch, clock, or timepiece is in working order and no catalog description of any lot should be interpreted as stating the aforementioned.

Condition reports are only for general guidance and may or will not specify mechanical replacements or imperfections.

Please be advised that certificates are not available unless otherwise specifically stated. Prospective buyers acknowledge the aforementioned paragraphs and accept responsibility for investigating and inspecting to satisfy themselves of the lots in which they may be interested.

Limitation of Liability

ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CROWN & CALIBER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO MERCHANDISE SOLD IN THE HEUER SALE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY CROWN & CALIBER TO YOU, INCLUDING ANY CLEANING, MAINTENANCE OR REPAIR OF YOUR 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, THE SITE, OR ANY OTHER SERVICES PROVIDED BY CROWN & CALIBER TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Product Descriptions and Advertised Pricing

We does not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free.

Except where noted otherwise, the list price, estimated retail price, suggested retail price, or similar price information displayed for Merchandise represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. These prices are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.  We make no representations or warranties as to accuracy or completeness of any pricing or other information included in this Site, and you should not rely on this information.  Actual retail prices may vary greatly from those shown in this site.  We reserve the right to modify any information from time to time without notice, including, but not limited to, information regarding prices, models, and specifications.  We do not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this site, including the estimated retail prices.

Where an item is offered for sale by a Third-Party Seller, the list price, estimated retail price, suggested retail price, or similar price information is provided by the Third-Party Seller.

Sales Process

Prospective buyers will submit offers to purchase Merchandise in the Sale using the Site.  The bidder with the highest acceptable offer (as determined solely by us) in the Sale, will receive a notification within 2 business days following the end of the Sale that they submitted the highest offer, along with a copy of these Terms and Conditions. The winning bidder will also receive a link to consummate the purchase the Merchandise, which must be completed within 24 hours or the link will expire.  If the link expires, we may solicit offers to purchase the Merchandise from one or more other buyers.

Sales Price

The sales price for Merchandise sold by us in the Heuer Sale is subject to change at any time, including after the end of the Sale, without notice.  With respect to Merchandise sold by us in the Heuer Sale, we cannot confirm the price of an item until you complete the purchase of the Merchandise using the link provided by us. If the correct price of any Merchandise sold by us is higher than your final bid, we will, at our discretion, either contact you for instructions before charging your credit card or cancel your order and notify you of such cancellation. Third-Party Sellers may follow different policies in the event of a mispriced item.  We generally do not charge your credit card until after your order has entered the shipping process.

All sales prices on the Site do not include any taxes required to be collected by us in connection with the consummation of the Transaction, and you must pay such amounts in order to purchase the Merchandise.

A flat fee equal to 15% of the sales price of the Merchandise will be added to each Transaction.

Other Businesses

Third-Party Sellers, other than Crown & Caliber, also list Merchandise for sale on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Crown & Caliber does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made from us or a Third-Party Seller. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Your Account

If you establish an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Crown & Caliber does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian.  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. Crown & Caliber 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 this Site is not accurate, complete or current. The material on this 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 more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site.

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 United States trademark law and copyright law, foreign laws and international conventions and other intellectual property laws. 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 A SUBMIT BOX CONSTITUTES YOUR ELECTRONIC SIGNATURE.

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: (i) 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; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone. In the event of any strike, disruption of service, or any other problems that we might encounter with a shipper, we reserve the right in our discretion to replace such shipper with another shipping carrier. Crown & Caliber is licensed to do business in the State of Georgia and is governed by the laws of the State of Georgia. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST CROWN & CALIBER ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO THE FEDERAL ARBITRATION ACT, WHICH ARBITRATION SHALL TAKE PLACE IN FULTON COUNTY, GEORGIA, USA. You expressly agree that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys’ fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award consequential, punitive, speculative, indirect, incidental, special, or exemplary damages. The Arbitrator shall be required to follow applicable law Georgia law. You agree that venue shall be in Fulton County, Georgia. All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 5:00 p.m. in Georgia on the appropriate day. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.

In the event that any provision hereof is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms. It is expressly understood and agreed that each provision of these Terms and Conditions that provides for a disclaimer of warranties, limitation on liability, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such. 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.

** Terms and Conditions are subject to change. You must go to our website to read the full terms & conditions or contact us and we will send you a copy of the Terms & Conditions free of charge.