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Seller Shipping Terms and Conditions

Seller Shipping Terms and Conditions

SELLER TERMS & CONDITIONS

SCOPE OF SERVICES

CME International LLC, Inc., dba Bob’s Watches (“CME”) acts as a shipper’s-agent to arrange, organize and/or manage transportation and provide ancillary services, including but not limited to U.S. export filing services (if applicable) and billing solutions. Upon request of customers, CME will also include customers’ goods for which shipper's agent services are being performed under an insurance policy issued to CME (the "Insurance Policy") which is underwritten by an authorized insurance company (the "Insurance Underwriter") and produced by its insurance broker. CME is not an insurance company, customs broker or air carrier of any type. Use of CME’s services constitutes acceptance of these Seller Terms and Conditions.

Adherence to these Seller Terms and Conditions is a condition precedent for customers’ goods to be included and protected under the Insurance Policy.

RELATIONSHIP BETWEEN THESE SELLER TERMS AND CONDITIONS AND BOB’S WATCHES’ GENERAL TERMS AND CONDITIONS

These Seller Terms and Conditions are to be read in conjunction with the Bob’s Watches’ General Terms and Conditions available here: Terms & Conditions - Bob's Watches (bobswatches.com).  In the event of any conflict between the General Terms and Conditions and the Seller Terms and Conditions then in the case of a Seller, the terms of these Seller Terms and Conditions shall prevail.  In all other instances not involving a Seller, then the General Terms and Conditions shall prevail in the event of a conflict.  For the avoidance of doubt, these Seller Terms and Conditions shall not apply to a non-Seller customer.  A “Seller” is an individual or entity that has engaged with CME to sell or offer to sell a product to CME regardless of whether the transaction was consummated.

AUTHORIZATION TO SELL

A seller of any watch to Bob’s warrants, represents and promises that seller is the owner of said watch; has legal title to it and has the right to sell and transfer title to Bob’s; and, that the watch is an authentic watch of the brand that is being sold.  Seller understands that Bob’s is relying on these representations, and agrees that should any of these representations subsequently be discovered to be untrue/not accurate, that seller shall immediately return to Bob’s all monies transferred to seller for said watch, and upon receipt of said monies, Bob’s will return the watch to seller.

ENGAGED TRANSPORTATION CARRIERS

As the customer, you authorize CME to select and engage transportation carriers and other vendors on your behalf pursuant to their contractual terms to which you will be bound in all instances. Carriers and other vendors to whom goods are entrusted limit their liability. You may forego using the Insurance Policy and increase a carrier or vendor’s liability by declaring a value and paying an additional charge subject to their contractual terms, but you must arrange for such excess liability through CME if the transportation carrier or other vendor is engaged by CME or under CME’s account. Any declaration of value by you directly to any carrier or vendor engaged by CME or engaged under a CME affiliated account will not result in increased liability of that carrier or vendor. CME will request excess liability from the carrier or vendor on your behalf only upon your written instruction. Carriers and other vendors may refuse declared value for liability. In the absence of your written instruction to declare value with a carrier or other vendor or if any carrier or other vendor refuses declared value for liability, the goods may be tendered to carriers or other vendors subject to their liability limitations and in some instances special liability waivers, which will apply to the transportation of your goods and to which you will be bound. In the event of an instruction by you or any other party to any carrier or other vendor that conflicts with any contractual terms between CME and that carrier or other vendor, the contractual terms between CME and that carrier or other vendor shall prevail.

Rather than attempting to effect recovery against carriers under liability terms, CME protects your goods under CME’s Insurance Policy.

COVERAGE DETAILS

Although coverage under the Insurance Policy may be extended to customers' goods, CME is the only named insured under the Insurance Policy. The Insurance Policy under which shipments are insured for physical loss and/or damage in the course of transit is extended under insuring conditions, limitations and exclusions. CME, in its sole discretion, reserves the right to decline certain shipments be included under the Insurance Policy. Confirmation of insurance eligibility and inclusion under the Insurance Policy shall only be upon your receipt of a CME issued confirmation number for each shipment.

The terms of the Insurance Policy are summarized as follows:

    • Commodities: Exclusively covering jewelry, time pieces, precious metals, gemstones or other lawful goods approved in writing prior to shipment.
    • Valuation: Insure your goods for selling price if sold prior to shipment or otherwise actual cash value / replacement value. You should insure for 100% value; if you understate value, you will bear the extent of deficit in the event of a partial loss. In the event you overstate value, your coverage will be limited to actual value.
    • Limit of Liability: Please refer to your Certificate of Insurance for the applicable coverage limit, which shall determine your maximum coverage(s). A country-specific sublimit may also apply. The maximum coverage in all events will be limited to the amount for which you insure your goods. No customer deductible will apply unless otherwise noted in the Certificate of Insurance.
    • Requirement of Signature at Delivery: Coverage applies exclusively to shipments with designated approved carriers under terms requiring adult signature upon delivery. You must not tender any shipment to a carrier under a "waiver of signature," "release signature status" or similar service booking, agreement or arrangement with the carrier as you will void coverage under the Insurance Policy by doing so. If the consignee allows the carrier to effect delivery without signature, coverage under the Insurance Policy will be void. Except if released by the carrier without signature against your instruction, without your knowledge and as a result of exclusive fault of the carrier, no insurance claim can be made for any shipment delivered without a signature for any reason if the shipment is confirmed delivered by the carrier’s tracking information. In addition no insurance claim can be made for any shipment delivered with a signature for any reason if the shipment is confirmed as delivered by the carrier as a valid shipment. Please be advised that for any deliveries from Bob's Watches, a recipient aged 21 years or older may need be present to provide a signature upon receipt of the package.
    • Duration: Confirmed coverage commences upon goods being retrieved by or tendered to CME or the designated approved carrier, as determined by carrier tracking information. Coverage continues in the course of transit and until delivery is made at the consigned destination or until the expiry of fourteen (14) days, whichever occurs first. Delivery is made when a package is signed for at the consigned location or when the package is left at the consigned location without a signature, as determined by the carrier’s tracking information. Shipments signed for by any apparent representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) at the delivery address shall be deemed delivered. Notwithstanding the foregoing, coverage may be cancelled in the course of transit in the event you, the shipper, or consignee do not cooperate or are unresponsive to facilitate or accept delivery; in such event, it is your burden to prove any loss occurred during the coverage period.
    • Refused Shipments Returned: In the event of coverage and a shipment is returned to the shipper because of refusal or inability of the consignee to facilitate or accept delivery, coverage is extended until the sooner of redelivery to the shipper or the expiry of thirty (30) days from the date that the goods were retrieved by or tendered to CME or the designated approved carrier, as determined by carrier tracking information.
    • Exclusions: As with all insurance, coverage under the Insurance Policy is subject to exclusions which specifically include: (I) seizure of goods; (II) war risks for domestic U.S. shipments; (III) radioactive contamination; (IV) delay; (V) inherent vice; (VI) loss of, damage to or breach of data or other non-tangible content; (VII) fraud by you, the shipper or consignee; (VIII) cyber attacks; (IX) illicit trade; (X) concealed damages and losses (within sealed packages delivered intact); (XI) mechanical/electronic derangement to used or unsealed new merchandise; (XII) damages attributable to insufficient packing; (XIII) breakage to fragile and delicate items such as those used for clocks or glassware; (XIV) false/erroneous information provided by you, the shipper or consignee; package labels being changed or revised in the course of transportation for the purpose of fraudulent redirection; and (XV) shipments being sent as a result of fraud or trick upon the customer, shipper and/or consignee (including but not limited to product orders made by imposters). Coverage under the Insurance Policy is also excluded for: (XVI) all risks of a shipment being re-routed, stopped in transit or retrieved at a point other than the original consigned delivery point pursuant to any instruction or representation to the designated approved carrier by a fraudster or imposter. C.O.D. shipments may be insured, however the C.O.D. payments are not covered and there is no coverage for the collection/return of C.O.D. payments. Consequential and indirect damages, such as loss of market, depreciation, or diminution in value as a result of repair, are not recoverable. In the event of loss or damage to pairs or sets, recovery will be limited exclusively to the item lost or damaged.
    • Limited Fraud Coverage: Notwithstanding coverage exclusion numbers VII, XV and XVI under section 3(h) of the General Terms and Conditions, and subject to all other terms herein and in the Insurance Policy, the Insurance Policy will provide coverage for risk of fraud perpetrated against you as a shipper which results in the designated approved carrier either delivering a covered shipment to an address other than the address originally consigned or releasing a covered shipment at a station of the designated approved carrier to someone other than the originally named consignee (the “Limited Fraud Coverage”). The Limited Fraud Coverage is subject to a maximum limit of $10,000 (ten thousand United States dollars) per calendar year and is extended strictly upon each of the following conditions precedent being met: (I) the designated approved carrier must be FedEx, Corp.; (II) the covered shipment must be consigned to a business address; (III) you must verify the consignee’s contact information and initiate contact with the consignee to confirm their identity and the legitimacy of the product order in advance of shipment and have proof of such contact; (IV) you must not under any circumstance release the shipment tracking number to the consignee or any third party; and (v) you must not participate or conspire in any such fraud or have advance knowledge or awareness of such fraud being perpetrated against you.
    • Requirement of Inspection and Exception to Carrier at Time of Delivery: The consignee or its representative must carefully inspect the shipment immediately at time of delivery in the presence of the delivering carrier's personnel and make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. Except for disappearance of the entire package in transit prior to delivery, failure to make written exception with the delivering carrier will preclude insurance coverage for any loss or damage which you may discover. Delivery accepted under a condition of “subject to inspection” or similar language will not constitute the required written exception.
    • Claim Reporting Limitation: You should immediately report to CME in writing any loss or damage to insured goods but in order for a claim to be considered by the Insurance Underwriter you must in all events do so no later than thirty (30) days from the date on which coverage for the goods commenced, or forty-five (45) days in the event of a covered refused shipment returned.
    • Claim Process: By making any claim, you warrant that you are the sole owner of such claim and that you have not released any third party from liability for the claim (including but not limited to the designated approved carrier). The Insurance Underwriter has the exclusive authority to determine all issues of insurance coverage and claim settlement. You, the shipper and consignee must all fully cooperate in providing all documentation and information pertinent to a claim, including an examination under oath if requested. Should the Insurance Underwriters dispute liability or coverage for any reason, you shall have no recourse against CME and CME shall not be under any responsibility or liability in relation thereto. Unless prohibited by applicable law, any dispute between you and the Insurance Underwriters shall be resolved by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules.
    • Effect of Claim Payment: Payment of any claim shall be without precedent as to any other or future claim and shall be without prejudice to any rights, remedies or defenses inuring to the Insurance Underwriter’s benefit under the Insurance Policy and these Seller Terms and Conditions. Upon any claim payment, the Insurance Underwriter is automatically assigned and subrogated to any and all rights of recoveries against all third parties relating to the claim, including but not limited to the designated approved carrier. You agree you will cooperate with subrogation efforts by the Insurance Underwriter and you hereby allow the Insurance Underwriter to pursue claims with, and file legal actions against, third parties in your name. All subrogation recoveries from third parties by the Insurance Underwriter shall be the sole property of the Insurance Underwriter.
    • Notice of Full and Additional Terms: Under all circumstances, the Seller Terms and Conditions set forth in the Insurance Policy issued to CME shall control and determine insurance coverage. To the extent any terms and conditions stated herein indicate insurance coverage excluded under the Insurance Policy, the Insurance Policy shall control and be binding as to issues of insurance coverage. The name and contact information of the Insurance Underwriter is available upon request and you may also make a written request to CME to obtain a copy of the Insurance Policy. CME reserves the right to change Insurance Underwriters and to allow insuring terms for its coverage to be modified in CME’s sole discretion at any time and without notice, provided that coverage shall always substantially adhere to the summary herein and shall absent notice be without interruption.

SHIPPING RULES & RESTRICTIONS FOR COVERAGE

In order to ship with CME and for the coverage under the Insurance Policy described herein to apply, you must be an approved customer and strictly abide by the following shipping rules and restrictions which are condition precedents for any claim recovery:

    • Notify the Consignee: You must notify the consignee of the shipment and content prior to delivery and of the consignee’s obligation to give timely notice of non-receipt and to carefully inspect the shipment at time of delivery in the presence of the delivering carrier's personnel and to make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. The consignee’s failure to do so will preclude recovery.
    • Double Box: Unless otherwise authorized by CME in writing, all packages must be double boxed in new boxes and packaging and must include the tracking number on the inner box. The inner box must not be a small jewelry box which could be easily identified and/or discarded. Envelopes and packs are not eligible for coverage.
    • Select a Billing Option: When preparing packages, you may use the carrier account number associated with CME, as may be provided by CME, or you may use your independent account number with the carrier if that carrier has been designated by CME as an approved carrier for your shipments.
    • Package and Tender to Carrier: All packages must be properly packed and sealed to withstand the ordinary rigors of shipment. Unless otherwise authorized by CME in writing, packages must be picked up at a shipper location, handed to a carrier staff driver or taken to a carrier or CME staffed location. You must obtain a receipt for any packages dropped off at a retail location that has been authorized by CME in writing. You must not use unmanned drop boxes or any location without carrier employed personnel.
    • Report Shipments to CME Same Day: You must report shipments to CME on the same day of shipping. Shipping without a CME-issued confirmation number will result in an uninsured shipment. Automated receipt of a CME confirmation number shall be adequate confirmation.
    • Declare a Value for Insurance: Packages reported without a value declared for insurance shall be uninsured shipments and any recovery under liability terms will be US$100 or less.
    • Do not Reveal Package Content: Unless otherwise instructed by CME in writing, you must not allow any indication of high value content to appear on a waybill, labeling or package exterior. For example, never reference brands or auction houses or use words such as “jewelry,” “watch,” “diamond,” “pearl,” or abbreviations such as DIA. This rule does not apply where international regulations require that such information be included.
    • Do not Declare a Value with the Carrier: Unless otherwise instructed by CME in writing, you must never declare a value for liability or any other purpose with the approved carrier or any other vendor. Otherwise, you may void coverage under the Insurance Policy. In the event CME instructs you to declare a value with any vendor, such declaration of value shall be for purposes of security protocol and shall not result in increased liability of that vendor.
    • Furnish Accurate and Complete Information: You must accurately and comprehensively provide all information and documentation necessary for CME to perform its services hereunder, upon which CME and the Insurance Underwriter will rely. Your errors or omissions in furnishing information and documentation will void insurance coverage and may result in losses and liabilities for which you will be responsible.
    • Maintain Packaging: No claims for loss or damage shall be valid unless the package, inner cartons, packing and contents have been preserved until made available for inspection by CME or the Insurance Underwriter.

LIABILITY OF CME

As a shipper’s-agent in arranging, organizing and/or managing transportation and providing ancillary services, including facilitating coverage under the Insurance Policy, CME has no carriage liability and is only liable for its independent negligence, errors and omissions for which it limits its liability to US$50 per shipment in accordance with industry standards. In the event your goods are lost or damaged while in the custody of CME, liability shall be limited to US$100 per shipment unless you separately declare in writing a higher value with CME for liability purposes.

In the event of a dispute between you and CME or any affiliate or agent of CME, you agree it will be resolved under California and U.S. law by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules. As such, you, waive the right to have a trial by jury.

Arbitrations will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You must make written claim against CME within thirty (30) days of the ship date and you must make written demand to CME for arbitration within one year of the ship date, or your claim shall otherwise be time-barred.

ENTIRE AGREEMENT; CUSTOMER WARRANTY; SELLER TERMS AND CONDITIONS SUBJECT TO CHANGE

No oral modification of these Seller Terms and Conditions is permitted and no CME employee shall have authority to orally modify these Seller Terms and Conditions. These Seller Terms and Conditions together with the General Terms and Conditions and the rate sheet shall constitute the entire agreement between you and CME. You warrant all goods tendered are legally compliant for the shipment requested and that you have the authority of your company, of the shipper, of the consignee and of any third party with any interest in the goods shipped to bind them to these Seller Terms and Conditions and you hereby do so. In preparing and making export filings and performing all other services hereunder, CME shall be entitled to rely upon the accuracy and completeness of all information provided by you and/or the shipper. CME shall have the agency authority which is hereby granted to act on behalf of the shipper, consignee and/or any other beneficial owner of the goods to make export filings and perform all other tasks reasonably necessary to perform the services. CME reserves the right to modify these Seller Terms and Conditions from time to time and without notice.

Sell Form Terms & Conditions

BOB’S WATCHES WEB SITE SELL FORM TERMS OF USE AND LEGAL RESTRICTIONS

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, AND THE SELL FORM SUBMISSION, IT INDICATES THAT YOU ACCEPT THESE TERMS AS WELL AS TERMS AND CONDITIONS AS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS") AS STATED, DO NOT USE THIS WEB SITE AND DO NOT SUBMIT THIS FORM.

Please note the following:

Customer hereby acknowledges and understands that the initial purchase offer estimate from Bob’s Watches is a preliminary estimate only based on other similar watches we have bought and sold in the recent past. These market prices are subject to change without notice and we reserve the right to make changes as necessary to reflect market conditions. This offer estimate represents the highest possible price we could pay you for your watch if it is in perfect salable condition, in need of no repairs or services as outlined below.  Such restoration services are needed to place the watch in "like new" salable condition. All estimates are for watches that have their original box and papers and have all the links for the bracelets. Please note that we only use genuine factory Rolex parts which are much more costly. These costs are then deducted from the original estimate to arrive at a firm purchase offer. Please note that because of our volume we are able to offer our customers greatly reduced repair prices that would otherwise not be available to them at retail. If you do not accept this final firm purchase offer, you are under no obligation to sell it. We are happy to return the watch to you. Your ultimate satisfaction is our goal. Please note that most watches we receive do need some kind of restoration work especially watches that are over 5 years old. Also, it is not uncommon for us to receive inaccurate descriptions or conditions of the watch, missing or wrong model numbers, or wrong serial numbers, etc. These errors or misrepresentations can all greatly affect the final purchase offer.  All watches not purchased will be returned to customers by FedEx 2nd day or USPS delivery method.

Potential deductions from initial purchase estimate include but are not limited to:

    • Service and overhaul of movement
    • Buff & Polish
    • New Crystal
    • Missing original box and papers
    • Missing links in bracelet
    • New leather strap needed, or buckle
    • New bezel, new bezel insert, new dial ( face ), new end links, etc
    • New crown or tube
    • New movement parts
    • Rust issues or water damaged items
    • Replacement of any parts that are not original Rolex factory

Please note that prices and values for watches can change abruptly and the Company will not be obligated to re-purchase your watch for any specific value based on the price paid or any other agreed upon price.

Use of Site
Bob's Watches authorizes you to view and download the materials at this Web Site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Agreement to Receive Electronic Communications: This disclosure provides important information required by rules governing electronic records and signatures and federal and state laws. Read this notice carefully and keep a copy for your records.  By using this web site, contact forms, and the sell form submission, it indicates that you accept all Terms and Conditions stated herein and consent to receive electronic communications including but not limited to email, text messaging ( SMS and MMS ), telephone, etc.

Layaway Contract Terms & Conditions

We Bob’s Watches are a retailer of goods or services that you are seeking to purchase ("us", “our”, or "we").  This Layaway Purchase Contract Terms & Conditions (“Agreement”) is between us and you as a layaway purchaser (“Buyer”, "you", “your”).  This layaway, referred to as the 'Layaway', applies to your purchase of item(s) for the total price of the cart, excluding the buyer’s state sales tax.

The Layaway. These terms are in addition to our normal terms of business, including our Return Policy, which is found at https://www.bobswatches.com/return-policy.  By choosing to make this purchase via layaway, you agree to be bound by this Agreement. These additional terms for purchase by means of a layaway apply when you select the option of having the product or products you desire to purchase put on layaway, with you not receiving the products and obtaining ownership of them until you have made all the periodic payments described in this Agreement (the “Layaway”).  The following terms and conditions apply to the Layaway:

  1. Layaway is available for all residents of the United States, excluding Rhode Island, Ohio, Washington DC and US Territories.
  2. Items will be held for up to 3 months from the initial date of sale, after which, we will deliver to you after completion of the Layaway.
  3. Under the Layaway, you will make an initial payment of twenty five percent (25%) of the entire purchase price you agreed to.
  4. The first payment will be due when you enter into this Agreement, and the following payments totaling 75% of the entire purchase price will collected via your online account within 90 days following the date when the sale was captured after you enter into this Agreement.  Each payment must be at least 10% of the remaining balance, except for the final payment, which can be less than 10% if it covers the remaining amount. You are allowed to make any or all of these payments as early as you wish with a maximum time limit of 90 days.  If you make payments in full in a timely fashion, or one the item is paid in full, the product or products you are purchasing will be shipped to you, and you will become owner of the products.  We will ship the products within five (5) days of when full payment is confirmed. The products will not be shipped to you, and we will remain the owner of the products, unless and until these full payment occurs.
  5. To request a cancellation, please access the cancellation link in your online account. If after 5 days from the date you enter into this Agreement, you need to cancel your layaway purchase, fail to make a required payment on time, or otherwise breach any term of this Agreement, a restocking fee of 25% of the full purchase price (including sales tax) (the “Restocking Fee”) will be retained by us, with the remaining balance to be returned to you.  Contact us if you would like to put this amount towards another item for purchase on our website.
  6. Your order will be shipped within five (5) business days once the item has been paid in full.
  7. All payments will be made by credit card in the manner set forth in this Agreement.
  8. There are no refunds after full payment. Once you have paid in full and received your watch, we do not offer refunds.  However, you may exchange the watch for store credit.
  9. If we send you a notice of Default, the agreement is immediately cancelled and (a) we may keep the product, in which you will no longer have any legal interest or right; and (b) we will provide you with refunds, and keep the Restocking Fee.
  10. The merchandise you select and order shall remain in our full possession, stored at Bob’s storage facility located at 1900 Quail Street, Newport Beach 92660, until your Layaway purchase is completed and the merchandise is shipped to you.
  11. We will refund any layaway deposit and subsequent payments, if any, when, before the end of the stated layaway period, the goods have for any reason become no longer available in the same condition as at the time of the sale to you. 

We do not impose any interest or additional charges on you for your use of your credit card for payments. However, we are required by law to warn you that you may have to pay other taxes or costs that are not imposed by us (such as internet charges, fees and interest imposed by the Issuer, or charges imposed by customs in your country).  IN PARTICULAR, PLEASE NOTE, YOUR CARD ISSUER MY CHARGE INTEREST AND FEES OR OTHER CHARGES IMPOSED BY YOUR CARD ISSUER UNDER THEIR AGREEMENT WITH YOU. THIS COULD INCLUDE LATE PAYMENT FEES, OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.

Returns. You may return the goods to us as set forth in our Return Policy, which is found at https://www.bobswatches.com/return-policy. 

Cancellation. Your rights to cancel this agreement are set forth in subsections 5 and 6 of this Agreement.

Assignment.  You are hereby notified and agree that we may transfer, sell, or assign this Agreement, the Layaway Payment Amounts, or any associated rights, to a third party, , without any further notification to you. If we do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s).  You may not transfer your rights under this Agreement and any attempt to do so will be void.

Governing law; Severability. This Agreement (and our dealing prior to this Agreement being made) shall be governed by federal law, and to the extent not pre-empted, the laws of the state of Florida; provided that you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence. If any provision of this Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Agreement.

Indemnity and Limitation of Liability.  You agree to indemnify, defend, and hold us, our service providers, and our respective agents, officers, directors, employees and assigns (collectively, the “Indemnified Parties”) harmless from and against any liability, including reasonable attorneys’ fees and costs, related to this Agreement.  THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM.  The foregoing limitation of liability will not apply where expressly prohibited by the laws governing this Agreement. This Limitation of Liability section will survive termination of this Agreement.

THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT.  IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU: (1) OPT OUT WITHIN 30 DAYS OF SIGNING THIS AGREEMENT; OR (2) ARE PROTECTED BY THE MILITARY LENDING ACT. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

Arbitration Agreement. We are always interested in resolving disputes, claims, or controversies (“Claim”) amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by email at sales@bobswatches.com or 1-800-494-3708 via. If such efforts prove unsuccessful, you and we agree that all disputes shall be resolved by binding arbitration on an individual basis. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice must (a) describe the nature and basis of the Claim and (b) set forth the specific relief sought. If you do not resolve the Claim with us or the Indemnified Party within 60 calendar days after the Notice is received, you, we or the Indemnified Party, as applicable, may commence an arbitration proceeding, as set forth in this section. Arbitration will be conducted by a neutral arbitrator in accordance with the AAA rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The arbitrator must also follow the provisions of this Agreement as a court would. IF ANY PARTY COMMENCES ARBITRATION WITH RESPECT TO A CLAIM, NEITHER YOU, WE, OR THE INDEMNIFIED PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE AAA RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO THAT CLAIM, AND YOU WILL HAVE ONLY THOSE RIGHTS THAT ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE FEDERAL ARBITRATION ACT (the “FAA”). Notwithstanding the foregoing, you and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.

RIGHT TO OPT OUT: If you do not want this Arbitration Agreement to apply, you must notify us within 30 calendar days after you sign the Agreement. You must send the notice in writing to sales@bobswatches.com You must provide your name, address and state that you "opt out" of the Arbitration Agreement. Opting out will not affect the other provisions of this Agreement. If you opt out, it will apply only to this Agreement and not any other agreement you may have with us.

THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT OUR SERVICE PROVIDER AT 1 (844) 775-4848.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE INDEMNIFIED PARTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

Approval of Arbitration Agreement.  By checking the box in the Layaway option, you consent to the above terms regarding use of arbitration. 

ATTORNEYS FEES AND COSTS: You agree that to the full extent permitted by law, reasonable attorney's fees and costs will be awarded to the prevailing party in any action on this Agreement, regardless of whether the action is instituted by us or you.

NOTICE: RECOVERY HEREUNDER BY YOU SHALL NOT EXCEED AMOUNTS PAID BY YOU HEREUNDER.

Using your information. You will find a copy of our privacy policy on our website that you can review in connection with your purchase at https://www.bobswatches.com/privacy-policy. 

We may share information about our transactions and interactions with you other affiliated companies. We may also share information about our transactions and interactions with unaffiliated third parties in connection with providing this service to you including fraud detection services.

However, the law may permit you to instruct us not to share this information with certain third parties. If you do not want us to share this information, you must notify us in writing  by email at sales@bobswatches.com .  If you email us a notification, you must include your name, address, and the last four digits of your card number used in this transaction so that such a request can be honored.  Do not include your full card details in this email. 

Communications. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access information about this Agreement or your payment method; view, save and/or print your account documents online; receive any messages or documents you have consented to receive electronically pursuant to the Electronic Communications Disclosures and Consent, which is incorporated herein by reference; and for paying all related charges. Some of the communications between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded. By completing this transaction, you consent to this monitoring and recording and you further agree that we and our service providers may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of pre-recorded/artificial voice messages and/or automatic telephone dialing system. Your consent may be revoked at any time and by any reasonable means. You further agree that we or our service providers may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice. You must notify us promptly of any changes to your e-mail address, phone number, mailing address, or other contact information by using the Platform or by emailingsales@bobswatches.com . 

Who to contact about this Agreement. Occasionally, you may require additional assistance in connection with this Agreement.  You may obtain information about your Agreement through your online account. You may also contact us through sales@bobswatches.com. for support and information about this Agreement. If you have any questions about the goods and services you purchased under this Agreement, please contact our customer services department through the information provided on our website.

ENTIRE AGREEMENT. Oral agreements or oral commitments to sell or purchase goods, loan money, extend credit, or to forbear from enforcing repayment of a debt may not be enforceable under applicable law. To protect you (as the buyer) and us (as the seller) from misunderstanding or disappointment, you and we acknowledge and agree that this written Agreement is a final expression of the agreement between you and us, and this Agreement may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall release any party from liability unless otherwise expressly stated in writing.

IMPORTANT: You acknowledge that you had a reasonable opportunity to examine these Layaway Terms and Conditions; and that a legible and complete copy was made available to you on our website when you entered into this Agreement to you.

NOTICE TO SHOPPER: (1) DO NOT APPROVE THIS AGREEMENT BEFORE YOU READ IT. (2) DO NOT APPROVE THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. (3) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE REMAINING LAYAWAY PLAN PAYMENTS DUE UNDER THIS AGREEMENT WITHOUT PENALTY.