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WALDAN INTERNATIONAL LLC
Website Terms of Use
Dated as of September, 2024
These terms of use are entered into by and between you and Waldan International LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of www.waldanwatches.com, including any content, functionality, and services offered on or through www.waldanwatches.com (collectively, the "Website" or “Site”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at www.waldanwatches.com/pages/privacypolicy, incorporated herein by reference. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
This Website is offered and available to users who are 13 years of age or older. You may not order or obtain products or services from this Website, if you are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with us or (iii) are prohibited from accessing or using this Website or any of this Website’s contents, goods or services by applicable law. By accessing this Website, you represent and warrant that meet all of the foregoing eligibility requirements.
Geographic Restrictions We make no representations that content and materials (licensed or otherwise) on the Website are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
When you make a purchase through the Website, you will be asked to provide your name and email address. You represent and warrant that the information you provide is accurate and that you have the right to provide the information to us. Please note that you may unsubscribe from our newsletters or advertisements at any time by emailing info@waldanwatches.com.
Shopping
Shopping carts. When you shop on our Site, you can use a shopping cart to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, and how you are paying for your items.
Third Party Payment Processor: When you check out, the data is transmitted to our third party payment processing company (at present, we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payment (such as ApplePay), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies.
Back orders: If any item you select is on back order, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out.
Pricing and Product Errors/Corrections: We endeavor to present current, accurate, and reliable information regarding our products. However, on occasion, this Site may contain typographical errors, inaccuracies, or omissions that may be with regard to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a Product is listed at an incorrect price due to an error on this Site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed method of payment charged. If your method of payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.
Not for Resale. You are expressly prohibited from using this Site to purchase any Product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all direct, indirect or consequential damages resulting from your intent to, attempt to, or actual resell any product purchased from the Website.
Order Issues. If there is problem with the information you give us when you check out, we will try to reach you through the contact information you provided.
Fraud. If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third party vendor to detect fraud.
Payment Promise. When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.
Cancelling or Returning Products. Please see our return and cancellation policy by clicking here: www.waldanwatches.com/returns
Limited Product Warranty. We offer a limited warranty with our products. The warranty information is posted on our Website, but you can also access it from this link: www.waldanwatches.com/frequently-asked-questions.
Prices and Taxes. We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Shipping Choices and Costs. When you check out, you will select your means and timing of shipment. We only ship product to locations in the United States.
Intellectual Property Rights This Website and its entire contents, our products, and the photographs of our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio and the design, selection, and arrangement thereof) (collectively and individually, the “Materials”) are owned by the Company, its licensors or other providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Materials. Use of our Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
You may choose to submit to us comments or suggestions about the Site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.
These Terms of Use permit you to use the Website for your personal, non-commercial use only.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans (including but not limited to the following trademarks and related logos: (i) WALDAN; (ii) W logo; (iii) WALDAN INTERNATIONAL; (iv) ANDREW WALDAN; and (v) OSCAR WALDAN) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Third Party Sites. If you link to another website from this Website for any other goods or services, or if you come to this Site from a third party site, you understand that these Terms of Use and the Privacy Policy do not apply to your use of those other sites. You expressly relieve the Company from any and all liability arising from your use of any third-party website or services.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy, available at www.waldanwatches.com/privacypolicy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Security. We have implemented reasonable technical, security and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. For more information, see our Privacy Policy www.waldanwatches.com/pages/privacypolicy. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this Website.
Disclaimer of Warranties EXCEPT AS TO THE LIMITED WARRANTY THAT WE PROVIDE WITH OUR PRODUCTS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SMARTPHONE, TABLET, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND OTHER THAN THE LIMITED WARRANTY THAT WE PROVIDE WITH OUR PRODUCTS, ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OTHER THAN THE LIMITED WARRANTY THAT WE PROVIDE WITH OUR PRODUCTS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND SHAREHOLDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, ANY DIRECT DAMAGES FOR WHICH WE MAY BE LIABLE TO YOU WILL BE LIMITED SOLELY TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED FROM US WHICH GAVE RISE TO THE UNDERLYING CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website in violation of these Terms of Use.
Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
The parties expressly reject any application to this Agreement of (a) the United Nations Convention on Contracts for the International Sale of Goods, and (b) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended by that certain Protocol, done at Vienna on April 11, 1980.
Arbitration; No Class Action; Jury Waiver To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our products, this Agreement or this Website, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.
If you or we have a dispute with the other or this Website or our Agreement, notice must first be sent to the other party, including:
For notices to us regarding a dispute, they must be emailed to: info@waldanwatches.com with a copy mailed to Waldan International LLC, 600 5th Avenue, 2nd Fl, New York, NY 10020.
If we have a claim against you, we will notify you by the contact information you have provided to us.
We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in __________, New Jersey, or if you and we agree remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Waiver and Severability No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any term, provision, covenant or condition of these Terms of Use, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Use shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.
Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Waldan International LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by:
Waldan International LLC
600 5th Avenue, 2nd Fl
New York, NY 10020
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@waldanwatches.com.
