Terms of Services
Terms and Conditions
In the terms and conditions outlined below (the “Terms and Conditions”), the terms “you” and “your” refer to, as applicable, (i) the individual(s) sending a watch or other items containing gold, platinum, silver, titanium, other precious metals, gemstones (including but not limited to diamonds, rubies, sapphires, and emeralds), or any combination of these (hereinafter referred to as “Merchandise”) to Wristby, Inc. (“Wristby”) for sale to, and purchase by Wristby or a third-party purchaser (hereinafter referred to as a “Third-Party Purchaser”), acting on behalf of the buyer, or the usage of shop.wristby.com (the “Site”), (ii) the individual(s) purchasing a watch or other Merchandise from Wristby, for whom Wristby will act as a facilitator of such sale (each such transaction hereinafter referred to as “Transaction”), or (iii) the individual(s) utilizing the Site. “We,” “our,” and “us” refer to Wristby and its successors and assigns.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
These Terms and Conditions are binding on every Wristby customer and apply to all business interactions between you and Wristby, as well as any Third-Party Purchaser, including, but not limited to, your use of the Site, the Transaction, and any other services provided to you by Wristby. By using the Site and/or sending Merchandise to or receiving Merchandise from Wristby, you make representations and warranties to Wristby (regardless of whether a Transaction is completed and whether Wristby is the purchaser or seller of the Merchandise) and agree to the terms and conditions as set forth herein.
Introduction
These Terms of Sale govern the sale of your watch to Wristby through our website, mobile applications, or by phone (collectively, “Sales Channels”). (“Wristby,” “we,” “us,” “our”) will purchase your watch or facilitate its sale to a third-party purchaser (“Third-Party Purchaser”). These terms constitute the agreement for the sale of your watch to Wristby or a Third-Party Purchaser (“you,” “your”). By selling your watch, you agree to these Terms of Sale. Please save a copy for your records.
Wristby, manages the platform and handles data collection as outlined in the Terms of Use, Privacy Policy, and Cookie Policy. Using the Sales Channels and selling your watch to us implies acceptance of these policies, which are incorporated into these Terms of Sale.
Understanding these terms is crucial. Contact our Purchasing team or email contact@wristby.com with any questions before selling your watch.
Clause headings are for clarity and do not affect interpretation. “Writing” or “written” includes email. Singular and plural terms are interchangeable where applicable. Terms like “including,” “include,” “in particular,” or “for example” are illustrative, not limiting. Clause 12 details important liability limitations and exclusions – please review them carefully. These Terms and Conditions are binding on every Wristby customer and apply to all business interactions between you and Wristby, as well as any Third-Party Purchaser.
BINDING ARBITRATION: BY SELLING YOUR WATCH, YOU AGREE TO RESOLVE ANY DISPUTES WITH WRISTBY THROUGH BINDING ARBITRATION, WAIVING YOUR RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION.
Seller Eligibility
Only individuals (not businesses) of legal age to contract (typically 18) and with the legal capacity to do so may sell watches to Wristby. You represent and warrant that you hold good and marketable title to the Merchandise; you possess full authority to sell, transfer, and convey the Merchandise; you are the legal and equitable owner; you are acting on your own behalf and not as an agent, the watch is sold free of all liens and encumbrances, and it stems from lawful activities. You will not send materials containing harmful or toxic elements. You agree that any transaction you initiate will not cause Wristby to violate any anti-money laundering, anti-terrorism, or other applicable laws. Wristby reserves the right to request additional documentation about you or the watch.
Sale Process
To sell your watch, submit details (model, make, age, box/paperwork, serial number) via the “Sell Your Watch” section on our platform. Any description you provide must be truthful, complete, and accurate. Significant discrepancies may lead to transaction suspension or termination. We will not purchase, repair, or replace replica watches. If the watch has an altered serial number or is counterfeit, we may terminate the transaction, notify you, and return the watch at your expense, or dispose of it if you fail to provide shipping instructions and payment within 30 days of our notification.
We provide an initial, non-binding estimate (“Initial Quote”) based on your provided information. Accurate information is crucial for a reliable estimate. Inaccurate information may lead to an incorrect Initial Quote. We’ll communicate the Initial Quote via email, or online notification. Contact us if you don’t receive it. The Initial Quote is subject to change and is not a binding offer. It has a specified acceptance period of 12 days, starting from the day the quote is sent. After this period, the Initial Quote expires unless we agree otherwise in writing.
Wristby is committed to transparency about any fees. A minimum processing fee, covering pre-sale services (e.g., cleaning), will be included in the Initial Quote. You authorize us to disassemble the watch, remove components for assessment, perform standard preparation services (cleaning, repairs, calibration, etc.), photograph the watch, and share information with potential Third-Party Purchasers. We will send you an Offer Notice via email or other electronic means. You may accept the offer via email confirmation within 14 days or reject it through the same email correspondence. We’ll inspect and verify your watch upon arrival, including checks against lost/stolen databases. A match may require us to hold the watch and notify law enforcement, preventing payment and requiring you to resolve the matter directly with the relevant register or authorities. We document the opening and contents of each package. Video evidence is retained for at least 30 days post-receipt and can be provided for a fee. Unbranded extras will be discarded.
After verification and inspection, we may issue a formal purchase offer (“Final Offer”), also with an acceptance period. We can withdraw or amend the Final Offer anytime before acceptance. If we decline to purchase, we’ll return your watch unless legally prohibited. The Final Offer may differ from the Initial Estimate due to inaccuracies in initial information, required servicing, or other factors affecting valuation. We will detail any additional service costs and required repairs/replacements.
Before finalizing the sale, you consent to sharing your personal information on the box/paperwork (e.g., warranty card) with potential Wristby customers. For third-party information, you confirm having consent to share it and will indemnify us against any related claims. The contract is formed upon your acceptance of the Final Offer. You may decline any Final Offer. We are not liable if the offer does not meet your expectations. ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR CREDITS WILL BE ISSUED.
The transaction type (e.g., direct purchase) is essential. We can adjust any quote if the transaction type changes. Trade-in prices may vary. Time is not of the essence for Wristby to fulfill its obligations. Despite our best efforts, pricing errors can occur. We will correct any mistake in the Initial Quote or Final Offer promptly upon notification. Obvious and recognizable mispricings do not obligate us to purchase at the incorrect price. We’re not liable for accidental errors due to human or system failures.
Price and Payment
Prices and payments are in EUR unless agreed otherwise. Quoted prices are net of any deductions (e.g., servicing fees), which will be detailed before you accept the Final Offer. Declining an offer incurs no servicing fees. Payment is made to your provided bank account via wire within six business days of accepting the Offer. Ensure accuracy, as we’re not liable for incorrect details. Payment is typically via SEPA transfer, which can take up to 7 business days. We make single payments only, directly to you, not to third parties. International sellers might incur additional bank charges. Wristby reserves the right to offset any amounts you owe us. Quoted prices exclude import duties or taxes. You are responsible for all payments due without deductions or withholdings (except as required by law), and cannot assert any credit, set-off, or counterclaim to withhold payment. We may offset any amount you owe us against any amount we owe you.
Delivery
After accepting the Initial Quote, you’ll have several delivery options: Shipping to a designated Wristby location; and shipping with a Wristby-provided prepaid label. If using our label, we insure the watch in transit at the cash value of your quote. You are responsible for filing claims for loss or damage within 30 days, providing proof of shipping and damage, and demonstrating the package was intact before shipping. For additional coverage, contact us. You are responsible for complying with all export and import laws. If you decline our offer after inspection, you are responsible for return shipping. The watch remains your responsibility until received by us or our courier (if using our shipping label). Wristby is not obligated to provide packaging. Pack your watch securely. We are not liable for damage, loss, or non-receipt due to inadequate packaging. We’ll notify you when we receive your watch. Home collection is subject to availability and location.
Risk and Title
The watch becomes our responsibility upon receipt by us or our courier. If returned, responsibility reverts to you upon delivery. Ownership transfers to us upon contract completion (acceptance of the Final Offer). For sales from Wristby, the risk of loss and title pass to you upon delivery to the carrier.
Customs and Import/Export
Sellers outside the USA are responsible for any import/export duties, taxes, and other fees imposed by customs or authorities. You may also need to make declarations or pay fees for specific materials (e.g., exotic straps or precious stones). Compliance with all applicable laws and regulations is your responsibility. We are not liable for your failure to comply. Consult your local customs office for clarification. For international shipments from Wristby, you are responsible for all customs charges, import taxes, VAT, or duties. Wristby will provide an invoice with the purchase, but cannot estimate these charges. We will not mark items as gifts or declare lower values. For returns due to customs refusal, we will refund the purchase price less shipping, customs fees, and a restocking fee.
Watch Condition
Your watch must match the description, be of satisfactory quality and condition, and be free from significant defects in design, materials, and workmanship.
Your Undertakings
You confirm that all information provided is true, accurate, and complete; no material facts regarding the watch’s identity, quality, history, provenance, authenticity, or legal status have been withheld; you own the watch and are entitled to sell it free from any encumbrances (e.g., liens, claims, finance agreements). The watch has not been reported as lost or stolen, nor has it been an insurance write-off or subject to substantial repairs, alterations, or tampering (including non-genuine/counterfeit parts). It is free from significant defects. The description (make, model, serial number) is accurate, and the watch, serial number, and paperwork are genuine. All taxes and duties related to your purchase, ownership, and sale of the watch have been paid. You are responsible for any breach of these conditions, even if discovered later by us.
Wristby's Remedies
If the watch doesn’t comply or you breach these terms, we may (without limiting other rights): terminate the contract; reject the watch (fully or partially) and return it at your expense; demand a full refund (if paid); claim damages for costs, losses, or expenses incurred due to your non-compliance. These remedies are in addition to statutory and common law rights. You agree to indemnify us against all liabilities, claims, and expenses arising from your breach of contract or your failure to comply with applicable laws. We can enforce these remedies anytime, to the fullest extent permitted by law, including after purchasing the watch.
Verification and Identity
We may request additional information about you or your watch. Failure to comply may result in transaction cancellation. We also might require proof of identity to provide a Final Offer; you agree to provide it.
Our Liability
To the fullest extent permitted by law, we disclaim all other express or implied warranties related to the products or our systems. Subject to applicable law, our maximum liability for any transaction, whether in contract, tort or otherwise, is limited to the lesser of our offer or 1,000 per transaction. We are not liable for incidental, special, indirect, consequential, exemplary, speculative, or punitive damages, or loss of profits or opportunities, or for subrogation claims brought by your insurance company. Product descriptions, content, and pricing information on our site are not guaranteed to be accurate, complete, reliable, current, or error-free. Actual retail prices may differ.
Cancellation Rights
We may cancel the purchase if you breach these Terms of Sale or for any other reasonable grounds. We will contact you to discuss the return of your watch. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. This may apply to orders placed under the same customer account, the same credit card, and orders that use the same billing and/or shipping address, in an effort to combat fraud and protect the security of your personal data. We will attempt to email you if we change or cancel an order. You agree that email constitutes adequate notice.
Non-Genuine Parts
If your watch contains non-genuine parts that render it counterfeit, we will take appropriate legal steps. We will keep you updated within legal constraints.
Entire Agreement
These terms and other applicable documents form the entire agreement. These terms prevail over any conflicting communications. You acknowledge not relying on any statements or promises not outlined here.
Dispute Resolution
Any dispute arising between you and Wristby will be resolved solely through binding arbitration conducted in the city where Wristby conducts its business. This means you waive your right to a jury trial or participation in a class action. You and Wristby agree to assert claims individually, not as a plaintiff or class member. The arbitrator may not consolidate or join claims unless both parties agree and may only award relief to the individual seeking it. Before arbitration, a written Notice of Dispute must be sent via email to contact@wristby.com. After 60 days without resolution, arbitration may commence. You agree to electronic signatures, electronic contracts, and electronic notices. We may extend deadlines with or without notice, especially due to technical difficulties or force majeure. Individual provisions of these terms are severable. Failure to enforce a provision doesn’t waive it.
Miscellaneous
You acknowledge that you provided us with your email address, physical address, and phone numbers in our records, and it is your obligation to keep this contact information current. You agree that: (i) any email we send you is deemed effectively received and constitutes due notice; and (ii) any phone messages we leave with you, anyone answering your phone, or on your voicemail constitute effective receipt and due notice. In the event of a strike, service disruption, or other issues with the Shipper, we reserve the right to replace the Shipper at our discretion. Any disputes or claims not subject to arbitration as set forth above shall be handled within the personal and exclusive jurisdiction of the state and federal courts located in Sandy Springs, GA. All references to days will mean business days; Saturdays, Sundays, and federal holidays are not included, and if any deadline falls on such a day, performance is required on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal holiday, will be deemed received the next business day. All business days will commence at 9:00 a.m. and conclude at 5:00 p.m in Spain. Regardless of any other provision outlined herein, we retain the right to extend any time frame above and/or request additional documentation or information from you to comply with any applicable local, state, or federal laws. Any timeline set forth may be extended at our discretion with or without notice, particularly if we encounter technical difficulties with our website or delays caused by acts of God, including fires, hurricanes, and other storms.
If any provision hereof is found invalid or unenforceable, the rest of these Terms and Conditions will remain valid and enforceable as intended. Each disclaimer of warranties, limitation of liability, or exclusion of damages provision is intended by both parties to be severable and independent of any other provision and enforced as such. The failure of either party to enforce any provision of these Terms and Conditions or require performance of any obligation does not imply a waiver of that provision or affect the validity of these Terms or any part thereof.