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.
Terms Related to the Purchase of Merchandise.
The following terms and conditions govern any Transaction pertaining to the purchase, or attempted purchase, of Merchandise by Wristby or a Third-Party Purchaser.
Ownership of Merchandise
If you are attempting to sell Merchandise, you hereby represent and warrant to Wristby and any Third-Party Purchaser that (i) you are at least eighteen (18) years of age; (ii) you hold good and marketable title to the Merchandise; (iii) you possess full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise you offer for sale to Wristby; (v) you are acting on your own behalf, and not as someone else’s agent or representative; (vi) the Merchandise is being sold free of all liens, encumbrances, liabilities, and adverse claims of any kind; (vii) you will NOT send materials containing harmful or toxic elements; (viii) the Merchandise stems from lawful activities and is not a product of illegal actions, including theft or fraud; (ix) any transaction you initiate will not lead to Wristby violating any anti-money laundering, anti-terrorism, or other applicable local or federal laws; and (x) Wristby reserves the right to request additional documentation or information pertaining to you and/or any Merchandise, including information required to comply with local, state, and federal law.
Describing Your Merchandise
You agree that any description of the Merchandise you provide us—whether on the quote form, packing slip, or otherwise—will be truthful, complete, and accurate at the time such description is submitted. If we determine, at our sole discretion, that significant discrepancies exist between the Merchandise as described by you and what we receive, or if no description accompanies the shipped Merchandise, we may suspend or terminate the Transaction without prior notice. We will not repair or replace any replica watches, even if damage occurs during our standard testing and valuation procedures. If we terminate the Transaction due to the Merchandise being deemed by Wristby, at our sole discretion, to have an altered serial number or to be counterfeit, we will notify you in writing (which may include email, text message, or other electronic means) and ship your Merchandise back to you at your expense within 5 business days of receiving your instructions and payment (if a valid account number with the designated shipper isn’t provided). However, you agree that Wristby may dispose of the Merchandise if we do not receive your shipping instructions and payment for all shipping costs within 30 days of notifying you of the Transaction termination. If Wristby terminates the Transaction due to any other breach of your warranties regarding the Merchandise description, we will ship it back to you within 10 business days at our cost, using the shipping method of our choosing, and you understand that we will only insure the value of your Merchandise up to $100.
Inbound Shipping; Costs; Loss or Damage Guarantee
Should Wristby wish to receive your Merchandise for further inspection, we may provide you with a shipping label; however, we are not obliged to do so. If you send us the Merchandise using the label we provide, we will insure the goods during transit for the cash value of your quote, once processed by the national courier we choose (the “Shipper”). After receipt, your watch will remain insured at the value of your cash quote. If your package is lost, we will request proof of shipping receipt, evidence of loss, and a claim must be filed within 30 days. If your package is damaged, you must provide proof of shipping receipt, documentation of damage, demonstrate that the package was intact prior to shipping, and file a claim within 30 days. Should you feel you need additional coverage, it is your responsibility to contact us ahead of sending your Merchandise for supplemental coverage, at our expense. You can reach us by phone at (800) 514-3750 for additional questions or shipping instructions.
For Merchandise shipped from outside the U.S., you may opt to use our provided shipping label, for which we will cover the shipment costs, including duties and VAT. It is your responsibility to comply with all relevant export and import laws and restrictions. If Wristby receives your Merchandise, makes an offer to purchase it, and you decline, you are responsible for arranging and covering shipping costs to return your items.
Regardless, you will bear the risk of loss concerning all Merchandise until it is received by Wristby.
Receipt of Merchandise
We document the opening and content of each package we receive. We will retain video evidence for at least 30 days post receipt of your Merchandise. You may arrange to obtain a copy of the video for an additional fee. We reserve the right to refuse any inbound package, and any package that we reject will not be considered “received” for the purposes of these Terms and Conditions.
Unbranded extras (including generic boxes, aftermarket straps, and third-party materials) will not enhance the offer for your watch. They will not be inventoried and will be discarded upon arrival at our facility.
Determining Our Offer
We assess the value of your Merchandise based on various factors we deem appropriate. To do so, we may need to disassemble the watch and remove gemstones and other items. You authorize us to perform these actions, along with standard preparation services (such as cleaning, necessary repairs, calibration, lubrication, and pressure testing), and to photograph your Merchandise. Additionally, you authorize us to communicate with potential Third-Party Purchasers regarding your Merchandise, sharing relevant information as necessary. After processing your Merchandise, we will notify you through email or other electronic means (an “Offer Notice”) regarding our offer or an offer from a potential Third-Party Purchaser.
Accepting or Rejecting Our Final Offer
You may accept the Offer via the seller portal, accessible through the link in the Offer Notice, within 30 days of receiving it. Wristby may, at its sole discretion, extend the acceptance period for an Offer. To reject the Offer, you must do so through the seller portal. If you decline the Offer and do not authorize us to hold your Merchandise longer to present another offer, we will ship your Merchandise back to the address on file within 15 business days at no cost to you, insuring it for the full value of the Offer.
Payment for Your Merchandise
We will process payment for the Merchandise in the amount reflected in the Offer, less any applicable fees owed to Wristby (the “Purchase Price”), via your chosen payment method specified in the seller portal, within the later of (i) six (6) business days of accepting the Offer or (ii) fifteen (15) days following our receipt of available funds from a Third-Party Purchaser.
ALL SALES FINAL
ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR CREDITS WILL BE ISSUED. If you opt to receive the Purchase Price by check, the transaction finalizes once Wristby dispatches a check to the address you provided.
Returned Merchandise; Outbound Insurance; Costs; Insurance
Should your Merchandise be returned to you per these Terms and Conditions, we will ship it to your address via the chosen shipping method, at our expense, and insure it for the full value of the rejected Offer. If a package containing your Merchandise is lost in transit, we will file a claim with the Shipper and compensate you the full amount we recover from the Shipper.
TERMS APPLICABLE TO THE SALE OF MERCHANDISE
The following terms and conditions govern any Transaction associated with the sale, or attempted sale, of Merchandise by Wristby.
Risk of Loss; International Shipments
All Merchandise sold by Wristby is subject to a shipment contract, meaning that the risk of loss and title pass to you upon our delivery to the carrier. If your purchase involves a shipment to a jurisdiction outside the U.S. or within U.S. territories, you, as the purchaser, are responsible for customs charges, import taxes, VAT, or duties. Wristby cannot provide specific customs charge estimates as policies vary by country. You are encouraged to contact your local customs office for pricing information. Wristby will include an invoice copy with each purchase, and applicable fees will be based on that invoice. Wristby will not label an item as a gift or declare a value lower than the actual purchase price. Wristby will issue a refund of the purchase price it received, minus shipping and customs fees, along with a restocking fee determined by Wristby, for any Merchandise returned due to refusal by customs.
Returns, Refunds and Title
All returns and refunds are subject to our Return Policy. Wristby will not assume title to returned items until they arrive at our location.
Product Descriptions
We strive for accuracy. However, we do not guarantee that Merchandises descriptions or other content on our site, including pricing information, are accurate, complete, reliable, current, or error-free.
Pricing
Prices for Merchandise sold by Wristby may change at any time without prior notice. Confirmation of an item’s price will only occur upon ordering. Despite our best efforts, a small number of items may be mispriced. If the correct price of a sold item is higher than our listed price, we may, at our discretion, contact you for instructions before shipping or cancel your order and notify you. Generally, we do not charge your credit card until the order enters the shipping process.
Other Businesses
We provide links to affiliated companies and certain other businesses. We have no control over such sites and resources and are not responsible for their content or the offerings of these businesses. You acknowledge that we will not be responsible or liable for any damage or loss incurred in connection with use of or reliance on any content, events, goods, or services available on or through these sites. Your dealings with third-party links are strictly between you and the third party, and you agree that we are not liable for any loss or claims against any such third party. Wristby assumes no responsibility or liability for the actions, products, and content of these external parties. You should carefully review their privacy statements and terms of use.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order at our discretion. These restrictions might apply to orders made under the same customer account, using the same credit card, or orders that have the same billing or shipping addresses. If we make changes to or cancel an order, we will attempt to notify you using the email or billing contact provided when the order was placed.
You agree to provide accurate, current, and complete purchase and account information for all purchases made through our services. You also agree to update your account promptly with your latest information, including email addresses and credit card details.
Terms Applicable to All Transactions.
Your Account
To access certain features of the Site and our services, you may need to register with Wristby. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration process. Registration data and other information about you are governed by our Privacy Policy. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password, limiting access to your computer, and accepting responsibility for all activities that occur under your account. Wristby sells products intended for adults, who can purchase with a credit card or other permissible payment methods. If you are under 13 years old, you are not authorized to use the Site or our services. If you are under 18, you may use the Site only with parental or guardian involvement. We reserve the right to refuse service, terminate accounts, modify or remove content, or cancel orders at our sole discretion.
Rules Governing Your Use of the Site
You are wholly responsible for any harm arising from your use of the Site. Wristby does not guarantee that the Site’s functions will be error-free, or that it will be free of viruses or harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred in connection with using the Site.
You represent and warrant that: (i) you will not use the Site for any unauthorized purpose, including collecting personal details of other users through electronic means for unsolicited communications; (ii) you will not access the Site using scripts, bots, or other automated methods; (iii) you will not access the Site through any method outside our provided interface, nor engage in unauthorized framing or linking to the Site unless specifically authorized; (iv) you will not transmit chain letters or bulk emails, or disrupt the Site or its connected networks or services; (v) you will not impersonate any person or entity, or provide false or misleading identification; (vi) you will not disable any security-related features of the Site or features limiting access to our Intellectual Property (defined below) or enforce limitations on its use; and (vii) you will not allow pop-ups or any other means that minimize, obscure, or inhibit full display of the Site.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material here is provided for general reference and should not be your sole source for decision-making without consulting primary, more accurate, or recent sources. Reliance on this material is at your own risk.
This site may contain historical information, which is not current and is provided only for reference. We may modify the content of this site at any time, but have no obligation to update any information displayed.
Unless otherwise specified, price listings for Merchandise reflect the full retail price as listed on the product itself, suggested by manufacturers or suppliers, or estimated in accordance with industry standards. These prices are estimates and may not represent prevailing rates. We make no representations regarding the accuracy or completeness of pricing or other information found here, and you should not rely on it. Actual retail prices may differ significantly from those displayed. We reserve the right to change any information at any time without notice, including pricing, models, and specifications.
You are responsible for monitoring changes to our site.
Our Intellectual Property Rights
The Site and all materials on it, including, but not limited to, logos, sales copy, images, navigational aids, and illustrations (collectively referred to as “Intellectual Property”), belong to Wristby or our affiliates and licensors and are protected against unauthorized use, distribution, or duplication by U.S. trademark law, copyright law, and international intellectual property laws. To use any of our Intellectual Property, you must obtain our prior written consent. All rights not expressly granted herein remain reserved by Wristby.
Electronic Signature
FOR PURPOSES OF THIS TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, THE RECEIPT OF NOTICES VIA EMAIL OR OTHER ELECTRONIC MEANS, THE USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS ELECTRONICALLY.
Limitation of Liability
EXCEPT AS EXPLICITLY STATED IN OUR LIMITED WARRANTY, ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE, AND OTHER SERVICES INCLUDED OR MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE NOTED IN WRITING.
EXCEPT AS EXPRESSLY STATED IN OUR LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WRISTBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND SERVICES.
YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ANY CLAIM OR ACTION REGARDING LOST, DAMAGED, OR DESTROYED MERCHANDISE YOU SENT TO US SHALL NOT EXCEED THE LOWER OF OUR OFFER OR 1,000 PER TRANSACTION. IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIAL DIFFERENT FROM YOUR DESCRIPTION, (II) HAS AN ALTERED OR MUTILATED SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR REPLICA, THEN OUR LIABILITY FOR SUCH MERCHANDISE SHALL NOT EXCEED 100.
WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR OPPORTUNITIES; OR (b) ANY CLAIMS OR ACTIONS FOR SUBROGATION CLAIMS BROUGHT BY YOUR INSURANCE COMPANY, IN RELATION TO ANY TRANSACTIONS, MERCHANDISE, THE SITE, OR ANY OTHER SERVICES, AND YOU WAIVE ANY SUCH CLAIMS ON YOUR PART AND ON BEHALF OF YOUR INSURANCE CARRIER.
SOME STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend, and hold Wristby, its officers, directors, employees, agents, affiliates, licensors, and suppliers (collectively referred to as the “Indemnified Parties”) harmless from any and all losses, costs, damages, fines, penalties, and expenses, including reasonable attorneys’ fees, incurred by any Indemnified Party as a result of your breach of these Terms and Conditions or any misleading information you provide to Wristby (including, without limitation, your representations regarding ownership of Merchandise and your authority to sell it).
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This section, referred to in these Terms and Conditions as the “Arbitration Agreement,” states that any disputes or claims arising between you and Wristby, whether relating to these Terms and Conditions (including any alleged breach), Merchandise, advertising, or any aspect of the relationship or transactions between us, shall solely be resolved through final and binding arbitration rather than in court, as outlined in this Arbitration Agreement. However, you may bring individual claims in small claims court if they qualify. Moreover, this Arbitration Agreement does not prevent you from bringing matters to federal, state, or local agencies, which can pursue relief against us on your behalf if permitted by law. By accepting these Terms and Conditions, you and Wristby understand that you waive any rights to a jury trial or participation in a class action. Your rights will instead be determined by a neutral arbitrator.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WRISTBY AGREE THAT EACH OF US MAY ASSERT CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WRISTBY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY CONSOLIDATED OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF TO THE EXTENT ESSENTIAL FOR THAT PARTY’S CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW AS NECESSARY.
Pre-Arbitration Dispute Resolution
Wristby is interested in amicably resolving disputes efficiently, and most concerns can be resolved quickly and satisfactorily by contacting customer support at shop@wristby.com. If these attempts fail, a party seeking arbitration must first send a written Notice of Dispute (“Notice”) via certified mail to the other party. The Notice to Wristby should be addressed to Wristby, Inc., ATTN: Legal, 255 Centre Street, 4th Floor, New York, NY 10013 (“Notice Address”). The Notice must (i) outline the nature and basis of the claim or dispute, and (ii) specify the relief sought. If the claim remains unresolved within sixty (60) calendar days after the Notice is received, either party may commence arbitration. During arbitration, any settlement offer made by you or Wristby will not be disclosed to the arbitrator until after a determination is made regarding your entitlement to relief.
Arbitration Procedures
Arbitration will proceed before a neutral arbitrator in line with the rules and procedures set forth by the American Arbitration Association (“AAA”), including AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For more on the AAA, please visit http://www.adr.org. Details about AAA Rules and fees for consumer claims can be found at the AAA’s consumer arbitration page. In case of inconsistencies between AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will take precedence unless the arbitrator finds that the application of the conflicting terms would compromise fairness. The arbitrator must adhere to these Terms and Conditions as a court would. All questions are for the arbitrator to resolve, including issues of scope, enforceability, and arbitrability of this Arbitration Agreement. Arbitration shall occur in Sandy Springs, GA, USA, and you hereby waive all defenses related to personal jurisdiction and forum non-convenience. Decisions made by the arbitrator are enforceable in court and may be overturned only for limited reasons. The arbitrator will provide a reasoned written decision sufficient to explain the essential findings and conclusions supporting the award.
Costs of Arbitration
Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules, unless otherwise indicated in this Arbitration Agreement. Any payment of attorneys’ fees will also follow the AAA Rules.
Confidentiality
All aspects of the arbitration process, including any ruling, decision, or award by the arbitrator, will remain strictly confidential for the benefit of all parties.
Severability
If a court or arbitrator finds any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) invalid or unenforceable, the parties agree to substitute such term with a valid and enforceable one that closely reflects the original intention of the invalid term, and this Arbitration Agreement shall be enforceable as modified. If a court or arbitrator deems any part of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless the provisions are found unenforceable solely with respect to public injunctive relief claims. The remainder of these Terms and Conditions shall continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any contradictory provision in these Terms and Conditions, Wristby agrees that if it makes future changes to this Arbitration Agreement (other than a change to the Notice Address) while you are using the services, you may reject those changes by sending written notice to Wristby within thirty (30) calendar days following the change to the Notice Address provided above. By rejecting future changes, you agree that any disputes between us will be arbitrated according to the terms of this Arbitration Agreement as expressed when you first accepted these Terms and Conditions (or accepted any subsequent changes).
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. These Terms and Conditions will be governed by the laws of the State of Georgia, without regard to its conflict of law principles. 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 Georgia. 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.