Terms & Conditions

Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the gnomonwatches.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Gnomon Watches Pte Ltd (doing business as “Gnomon Watches”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Gnomon Watches, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.


Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.


User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.


Orders
To place an order, please indicate the product(s) that you wish to order and the quantity required and provide all necessary information as may be required by Gnomon Watches during the checkout process. All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms and Conditions. All Orders shall be subject to acceptance by Gnomon Watches. Upon receipt of an Order, Gnomon Watches may contact you by email or other mode of communication within 3 business days, to confirm receipt of your Order and to verify and confirm the price, quantity and product(s) ordered by you. Until Gnomon Watches has indicated its acceptance of any order by sending you an email confirming that the product(s) under the order is ready for collection or have been dispatched, Gnomon Watches reserves the right to cancel, amend or reject your Order in whole or in part for any reason at any time, including where any product is out of stock, damaged, or any product or service unavailable for any other reason. Processing of payment for an order shall not in itself constitute acceptance of the order by Gnomon Watches, provided that where an order is rejected or cancelled by Gnomon Watches, any payment made for such order shall be reversed or refunded by Gnomon Watches in accordance with our prevailing refund policy at such time.

Please ensure that all information that you provide in your Order is accurate and complete. We will not be liable for any mistakes or errors caused by you, including any delivery by us to an address incorrectly keyed in by you.

In the event that you have made a mistake with your order after submitting it through the site, please contact us at info@gnomonwatches.com within 12 hours of placing an order. We will try our best to process your request. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions, and the acceptance of any amendment to an order after it has been submitted shall be at the sole discretion of Gnomon Watches.

Deposit for preorder or reservation has to be exercised within 12 months of issuance. Thereafter, the deposit will be forfeited.  

In the event that a free Gnomon merchandise/gift is out of stock, we reserve the right to replace it with another Gnomon merchandise/gift of equal or lower value. 

Delivery
Any delivery or collection dates or timings provided by Gnomon Watches are estimates only. Gnomon Watches shall not be liable for any loss, damage, cost or expense for any failure to meet any given delivery or collection date or timing, howsoever caused.

As we deliver on a Delivery Duty Unpaid (DDU) basis, all relevant import duties, customs and sales taxes levied by the destination country shall be borne by the recipient. You shall pay all relevant duties and taxes to ensure that the parcel is released by the customs upon arrival at the destination country. You will be notified by your choice of delivery service during checkout (DHL Express, FedEx, Singapore Post, EMS), on the duties and taxes payable and you shall pay the agent directly during collection of the parcel.
Please arrange for a person who is 18 years of age or older to accept the delivery and to sign off on the delivery invoice. Gnomon Watches and/or its agents reserve the right to require appropriate identification to be presented, before it leaves the delivery with the person at your delivery address.

Gnomon Watches shall have no liability to you for any failure to deliver any product you have ordered or any delay in doing so or for any damage or defect to the product delivered that is caused by any event or circumstances beyond our reasonable control including natural disaster.

Gnomon Watches shall have no liability to you for any failure to deliver any product you have ordered or any delay in doing so or for any damage or defect to the product delivered that is caused by any event or circumstances beyond our reasonable control including natural disaster.


When the receiver authorises to have the shipment left without a signature, they have agreed to the DHL terms and conditions and the following statement: 
I hereby accept the DHL Terms and Conditions and authorise DHL to deliver my shipment as specified. I release DHL and my Shipper from all liability for any loss or damage that may result from delivering the shipment according to my request.

Further to the above, if the receiver chose for the parcel to be delivered without a signature, Gnomon Watches is removed of all liability for any loss, damage or theft that may result from delivering the shipment.
Gnomon Watches strongly encourages our customers to provide a signature on delivery to prevent loss, damage or theft.

For a better shipping experience and to receive automatic updates via text, please ensure you have listed your mobile phone number in the checkout, while placing your order.

Please inspect the product(s) upon delivery. If there is any damaged or incorrect product(s), please contact us within 23 hours of receipt.


Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also 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.


Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.


Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.


Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Gnomon Watches will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.


Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.


Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Gnomon Watches or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Gnomon Watches. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Gnomon Watches or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Gnomon Watches or third party trademarks.


Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.


Limitation of liability
To the fullest extent permitted by applicable law, in no event will Gnomon Watches, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Gnomon Watches and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Gnomon Watches for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.


Indemnification
You agree to indemnify and hold Gnomon Watches and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.


Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.


Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.


Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Text marketing (if applicable)
With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system

Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.


Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
info@gnomonwatches.com


*This document was last updated on February 25, 2022