WEBSITE TERMS OF USE

Last Modified: December 2022

Welcome to the Hairspring Watches website (the “Company Site”), owned and operated by The Hairspring LLC (“Company,” “we,” or “us”) at 1919 14th St, Suite 700, Boulder, CO 80301.

This page explains the terms by which you may use the Company Site and our online and/or mobile services, and software provided on or in connection with the service (collectively, the “Service”), including by (i) purchase of goods ("watches") posted for sale by the Company as a “Buyer” ("you") and (ii) submitting a watch description and any other related information in connection with the listing of a watch for sale on the Company Site as a “Seller.” By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”), to the collection and use of your information as set forth in the The Hairspring LLC Privacy Policy (link), each of which are hereby incorporated by reference. These Terms apply to all Buyers, Sellers, visitors, users, and others who register for or otherwise access the Service (“Users”).

Certain services may be subject to additional terms and conditions specified by us from time to time, such as the reservation policy, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

A. General

This is a contract between you and Company. You must read and agree to these terms before using the Company Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 years of age is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Company. For the avoidance of doubt, notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that these Terms are solely a contract between you and the Company and expressly do not govern any sale, transaction, or other relationship between you and any other User, including with respect to a Buyer or Seller. In using our site or completing any transaction on our site, you agree to these terms.

B. Company

Hairspring Watches is a watch retail, information, and exchange website that brings together Buyers and Sellers. Hairspring Watches does NOT offer other ancillary products and services such as financing, service contracts, insurance, or transfer escrow services.

Hairspring Watches does not imply any warranty, authenticity, or condition of watches featured in the “Finds” category. And statements made in "Finds" articles are statements of opinion.

All watch sales from the "Exclusives" shop are final. Due to the nature of vintage watches, all items are offered as-is. We do our best to photograph and describe watches accurately, but we do not offer any guarantees on movement accuracy, water-proofing, or any mechanical guarantee or warranty unless otherwise stated.

All statements relating to the "Worth Reading" section of our "Exclusives" shop are statements of opinion.

We have made every effort to ensure we represent watches in our "Exclusives" store accurately. We cannot guarantee your device's display or color will match perfectly to the item in person. We always recommend in-person inspection where possible.

C. Store Price and Payment 

All payments will be made in the currency mutually agreed between us at checkout, USD by default. Currency risk for payments or refunds shall be borne by you.

We reserve the right to change prices without notice.

Advertised Prices exclude any local tax, importy duty, delivery charges, or other handling expenses which shall be borne by you.

If there are reasonable grounds to suspect a fraudulent payment, whether, by debit or credit card, we will neither dispatch any Goods nor carry out any refunds, until authorised to do so by the relevant authorities.

D. Consignment 

For each individual consignment, terms will be agreed specifically in a consignment agreement signed by both parties.

Hairspring only accepts liability to insure packages sent to us when specifically agreed. Until a consignment agreement stating otherwise is signed by both parties, we are not liable for consigned watches until they are delivered to us. We are not liable for any damage occurring during shipping to our address.

If we have to pay additional shipping, customs, or delivery charges charges on your parcel delivered to us, that amount will be deducted from your consignment payout upon sale.

Consigned watches will be sold in the "Exclusives" shop at a sale value previously agreed upon by both parties. A fee percentage of this price will be previously agreed upon as payment to us. If a lower offer is accepted, the percentage remains the same. By consigning a watch with us, you agree that that percentage will be taken from the total sale price. No fee is taken if a watch remains unsold, at which point it will be returned to the consignor, after an agreed reasonable timeframe.

In consigning a watch to us, you agree that we may offer opinions in our description. You also agree that we are able to answer potential buyers’ questions about the watch. You also agree that we may photograph the watch to our own standards. If we discover that the Goods supplied by you are counterfeit, stolen, lost, or damaged, not fully-owned by you or in breach of any of your undertakings to us, we have the right to cancel the sale, notifying you by email or telephone as soon as possible.

We assume temporary ownership of the watch until sale or return and are responsible for insuring any agreed sale value to the consignor until sale or return. The watch may not be listed for sale elsewhere by you or any other party while consigned to us, should we find a listing other than ours, the consignment will be cancelled and the watch will be returned at your expense.

The watch will only ship to end customer once funds are secure in our account. For watches under 50K, payout will occur within (5) days after funds are in our account. For watches over 50K, payout will occur after the watch is delivered to the buyer and immediately after the (5) day inspection period has ended. Payouts will be made via wire transfer or Zelle if acceptable. You are responsible for ensuring we have correct bank account details for payments, we accept no liability if you provide us with incorrect bank account information.

Our minimum consignment term of this watch is 100 days, with opportunity to renew if mutually agreed at new sale value. Should the watch fail to sell within the mutually agreed consignment term, it will be returned via insured shipment or for very high value items delivered in person.

E. Shipping and Delivery 

Any additional local tax, import duty, delivery charges, or other handling expenses relevant to your home country shall be borne by you.

Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by you within the time-frame and by the courier company as specified by us.

Goods will be delivered to the address given in the original order unless you provide for a new address prior to dispatching the order.

The time-frame of delivery specified by us is an estimate only.

Time of delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such time period compliance is not guaranteed and you shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.

If we are unable to deliver the Goods due to any import restrictions in your country or any other country which disallows the shipping of exotic skins, then we shall communicate the same to you and also reserve the right to remove the strap and replace it prior to delivering it to you.

If we are unable to deliver the Goods for reasons beyond our control, then you shall be entitled to a refund of the amount paid to us without any interest upon return of the watch to our address.

In order to confirm the delivery, a signature by a person aged 18 years or over is needed for receipt of all Goods at the delivery address. Delivery should be refused if the parcel is tampered, or shows any signs of damage.

F. Acceptance and Refusal

You are required to inspect and test the Goods upon delivery as soon as reasonably practical and inform us immediately, if they are faulty, or if the Goods are not as described.

If you want to claim that any of the Goods are delivered damaged, you are required to give notice of the damage and return the Goods, including paperwork, boxes, links, user manual and service papers. Failure to do so shall be deemed that you have accepted the Goods 5 days after delivery to you. Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to our rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by us within 5 days of delivery. After acceptance, you shall not be entitled to reject Goods.

You shall not remove or otherwise interfere with the parts of the Goods during the 5 days period post Delivery. If we have reasonable doubts to believe that the watch was opened or any of its parts were replaced or altered, we shall forfeit the entire amount and you shall not be entitled to any refunds or a return of any kind.

Upon receiving the goods, on inspection, and provided you meet the return requirements mentioned above, the Goods are found to be faulty with regard to the specifications and description given, we will either: agree to replace the Goods, repair them, or refund you for them, in part or in full. To reiterate, We do our best to photograph and describe watches accurately, but we do not offer any guarantees on movement accuracy, water-proofing, or any mechanical guarantee unless otherwise explicitly stated.

G. Cancellation and Returns

The order can be cancelled any time before or after dispatch of the Goods, within 5 days following the day on which the Goods are delivered to you.

All Goods will remain for sale on the website until we have received full payment, subject also to our reservation policy.

The refund will be subject to reasonable deductions for any wear and tear of the Goods whilst in your care.  The repaid sum may be reduced by up to 30% if the paperwork is missing or damaged or refused entirely, to the Seller's discretion.

Facilitating the return is your responsibility. Due to the highly international nature of our business, you will be responsible for return postage. We recommend a tracked and fully insured mail system as the parcel is your responsibility until it reaches us. We cannot accept liability for watches lost or damaged in return transit.

To cancel your order, you must inform us either by email or contact form.

We reserve the right to cancel your Order due to unavailability of stock or for some other reason justifying cancellation.  If we cancel your order, we will refund all sums paid by you within 14 working days of notifying you of our intention to cancel your Order.

If we have to pay additional shipping, customs, or delivery charges charges on your package, that amount will be deducted from your return value.

H. Reservation and Wire Transfer Policy 

Watches purchased via wire transfer require a non-refundable deposit of 1000 USD to reserve. This deposit will be credited toward the final wire balance. This deposit does not purchase the watch outright, but enters both parties in an agreement that the watch will be reserved for (1) week from the time of order placement. Reserved in this context is defined as not sold to any other party. Deposits are non-refundable. Wire transfer instructions will be sent via email immediately after an order is placed. The watch is considered payed for when the outstanding balance has been wired to our account. If the watch is not payed for within (1) week, we reserve the right to offer it again for sale. To reiterate, checking out with wire transfer as payment creates a 1000 USD deposit which does not purchase a watch outright. Once the remaining balance has been received, the watch will ship within three business days.

I. Risk and Title

Risk of damage or loss of the Goods shall pass to you when the Goods are delivered otherwise than at our premises, at the time of delivery.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received the payment in full of the Price of the Goods for which payment is due.

J. Third-Party Links, Removal, and Information

The Service may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy (link) do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We give full removal rights to any private party or retailer who would like their watch removed from our 'Finds' section. If you are the owner or represent a watch and would like it removed, please use our contact form and it will be taken down within (1) week.

K. Indemnity

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Seller Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

L. Contact.

Please contact us here.