Please read our Terms & Conditions carefully before using our site, services, applications, merchandise, or products (“Services”), as these Terms & Conditions are legally binding on every Majestix Collection customer, client, member (“Customer”), and shall apply to all business dealings between you and Majestix Collection, and any Third-Party Purchaser.
You hereby make representations and warranties to Majestix Collection (regardless of whether a Transaction is consummated and whether Majestix Collection is the purchaser or seller of the Merchandise) and any Third-Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise), and agree to the Terms & Conditions, in each case as set forth, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from Majestix Collection. If you do not accept these Terms & Conditions, please do not use the Services.
LIMITATIONS ON USE
As a user of our Services you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Services and Content in accordance with these Terms. Majestix Collection may terminate this license at any time for any reason. We reserve the right to add, delete, modify, or otherwise alter any or all of our Terms & Conditions, and Policies at any time without further notice, at our sole discretion. It is your responsibility to check our Website to determine the then-current Terms & Conditions, and Policies to which you are bound.
USAGE
We require that the use of our Site and all purchases be made by individuals 18 years of age or older. Each time you purchase Merchandise from us, you represent and warrant to us that you are an individual 18 years of age or older.
INTELLECTUAL PROPERTY
Our 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 Majestix Collection and remain the intellectual 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 & Conditions.
THIRD PARTY PROPERTY
Our Site may contain Content and other Intellectual Property owned by third parties or protected by copyright, trademark and other intellectual property rights of third parties (Third Party Property). We do not independently verify the business practices of these third parties, and we make no representations and warranties regarding any Third Party Property. The availability of any link or reference of any third party shall in no way constitute an endorsement by us of such third party or by such third party of us.
Majestix Collection is not an authorized dealer of any brand name watch manufacturer, and we are not affiliated with any such manufacturers, their authorized dealers or distributors or owners of Third Party Property. As such, we disclaim any and all proprietary interest in Third Party Property unless otherwise stated in writing.
INTERNATIONAL BUYERS
All international buyers assume any and all responsibility for all applicable VAT, taxes, duties, tariffs or customs due. It is the buyer’s responsibility for shipping in the event of a customs issue or return. Furthermore, you shall abide by all applicable export laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act.
DUTIES & TAXES
All transactions are in U.S. Dollars (USD). Your order total is set at the exchange rate when your order is placed. We will collect sales tax on internet transactions of orders shipped to addresses in California, or as otherwise required by law. International taxes, tariffs and value-added tax (VAT) are the responsibility of the customer. Duty, customs tariffs and VAT are set by the destination country.
PAYMENT PROCESSING FEES
Purchase prices of Merchandise is the cash wire price and any payment method fees such as credit card fees, PayPal fees, Amazon fees, etc, will be added to the transaction total. Majestix Collection is not affiliated with merchant processors, Amazon, PayPal, Affirm, or any other third party.
ERRORS & INACCURACIES
Our goal is to provide accurate and up-to-date information on our Site. However, our Site may contain typographical mistakes, inaccuracies, errors or omissions, and some information may not be complete or current. We reserve the right to correct any mistakes, inaccuracies, errors or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We will not be liable to you for any mistakes, inaccuracies, errors or omissions on our Site.
If we discover an error in the price of any Merchandise which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund.
AUTHENTICITY GUARANTEE
Majestix Collection guarantees that all watches and Merchandise sold through our Site is 100% authentic, and where applicable, will include the original packaging with serial numbers and/or certificates of authenticity. While we are not an authorized dealer of any of the watches or Merchandise that we sell, we do source our watches and Merchandise directly through authorized dealers and distributors and regularly screen all of our vendors to make sure that they meet our high standards.
GOVERNING LAW & VENUE
By visiting our Site, or using our Services, or by purchasing any Merchandise from us, you agree that these Terms & Conditions, and our Policies, will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You also consent, and agree that any dispute between you and us shall first be resolved through good faith negotiations, and in the event an amicable resolution cannot be reached within 14 days of the dispute arising, the matter will become subject to our Dispute Resolution clause (outlined below). We hereby agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.
DISPUTE RESOLUTION
By leveraging a quick, fair, and cost-effective dispute resolution process, we hereby waive our right to litigation and a jury trial. Furthermore, we agree that the dispute shall be resolved by mediation, and ultimately by binding arbitration in Orange County, California in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect:
- The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms & Conditions shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 5 below.
- Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
- The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
- Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
- At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
SEVERABILITY
If any part of these Terms & Condition is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
EQUITABLE REMEDIES
We reserve the right to seek all remedies available at law and in equity for violations of these Terms & Conditions, including but not limited to the right to block access from a particular internet address or you to our Site and/or Services. In addition to any other remedies available to us, we may bring an action or actions for injunctive relief, specific performance or both, and have entered a temporary restraining order, preliminary or permanent injunction, or order compelling specific performance.
INDEMNIFICATION
You agree to indemnify and hold harmless Majestix Collection and all of its officers, directors, owners, shareholders, partners, employees, agents, successors and assigns against and from any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees, court costs, and travel expenses) arising out of, relating to or in connection with: (i) your use of the Services; (ii) your purchase, ownership or sale of Merchandise through the Services ; or (iii) shipment of any property under these Terms & Conditions.
WAIVER
If you breach these Terms & Conditions and we opt not to take any action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions. Any waiver of any provision of the Terms & Conditions will be effective only if in writing signed by a Majestix Collection executive.
DISCLAIMER
Majestix Collection is an independent online boutique of pre-owned luxury watches, not affiliated with any trademark owners. We are an independent dealer, and not an authorized reseller of any of the items we sell. All trademarks displayed on this website are the property of their respective owners and are used here for identification purposes only.