These Terms & Conditions (“Terms”) apply to goods and services provided through any website, application, or other digital platform (each a “Site”) owned or operated by or for Brathwait Watches, including each Site on which these Terms are posted, such as the official ecommerce and after sales service Sites associated with Brathwait Watches or any Brathwait Watches brand.

Effective Date: July 17th, 2019

Thank you for visiting our Site. As you continue to interact with or place an order from this Site, there are some things you should know

PLEASE READ THESE TERMS CAREFULLY AS THEY ESTABLISH OUR RESPECTIVE RIGHTS AND OBLIGATIONS. WE HOPE THAT YOU WILL NOT HAVE A PROBLEM WITH THESE TERMS, BUT IF YOU DO, YOU MUST IMMEDIATELY STOP ACCESSING, BROWSING, OR USING THIS SITE AND ANY OTHER SITE WITH LINKS TO THESE TERMS. BY CONTINUING TO ACCESS, BROWSE, OR USE THIS OR ANY OTHER SITE WITH LINKS TO THESE TERMS OR BY CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU ARE ACKNOLWEDGING AND REPRESENTING TO US THAT YOU HAVE AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND YOU HAVE THE AUTHORITY TO ENTER INTO AND BIND YOURSELF TO THESE TERMS.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES. THIS MEANS THAT YOU AND WE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

THESE TERMS ALSO LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms are subject to change in our discretion at any time. You will know when the Terms have been changed and when the new Terms will take effect by reference to the “Last Updated Date” and the “Effective Date,” respectively, at the top of these Terms. If you do not agree to any change, you must stop using our Sites. By continuing to use our Sites, you are agreeing to and accepting all changes. We encourage you to check this page regularly so that you are aware of the most-current Terms.

These Terms refer to other terms, policies, and conditions, all of which are incorporated into these Terms by reference.

1. ACCESSING AND USING THE SITE AND ITS CONTENTS
2. CREATING AN ACCOUNT AND GRANTING ACCESS TO THIRD-PARTY ACCOUNTS
3. PLACING AN ORDER
4. FULFILLING YOUR ORDER
5. REJECTING OR CANCELLING YOUR ORDER
6. PRICES
7. PAYMENT TERMS
8. THIRD-PARTY ORDER FULFILLMENT AND THIRD-PARTY PAYMENT SERVICE PROVIDERS
9. RETURNS, EXCHANGES, AND REFUNDS
10. RESTRICTIONS ON RESALE
11. PRIVACY
12. SMS TERMS AND CONDITOINS
13. LIMITED WARRANTY
14. LIMITATION OF LIABLITY
15. FORCE MAJEURE
16. DISPUTE RESOLUTION; BINDING ARBITRATION; WAIVER OF JURY TRIAL
17. GOVERNING LAW
18. GENERAL PROVISIONS
19. INTERNATIONAL USERS
20. SMS AND MESSAGING TERMS & CONDITIONS

Our creative and technical teams have worked hard to create and deliver the content and information available on this Site. You agree to respect those efforts, which are protected by copyright laws and other legal rights, by strictly following the Site’s Terms of Use.

In order to access certain features of the Site you will be required to become a Registered User. A “Registered User” is anyone who creates an account with us. If you choose to create an account with us, you agree:

• You are at least 16 years old (or such other minimum age requirement as may apply where you live).
• You are creating the account for your own personal use and will maintain only 1 account at a time.
• All information you have or will provide is true, accurate, current, and complete.
• You will maintain and promptly update your account information to keep it true, accurate, current, and complete.
• You are and will continue to be responsible for all activities that occur under your account.
• You will not share your account or password with anyone, and you will notify us immediately of any unauthorized use of your password or any other breach of security.

You can create an account either directly with us through the Site or by logging into the Site using a third-party account (such as a social media account). If you log into the Site using a third-party account, you are representing to us that:

• You have the right to disclose your log-in information to us and to grant us access to the third-party account.
• You are not violating any rights, terms, or conditions by disclosing your log-in information to us and granting us access to the third-party account.
• Our use of the information in and access of the third-party account is not subject to any usage limitations, fees, or payments of any kind.
• You understand and agree that we may access, make available, and store any information, photographs, materials, and/or other content that you have provided to and stored in the third-party account so that it is available to and may be further used or disseminated by us.

We may assume that any communications we receive through your account or under your password have been made by you unless you notify us otherwise.

Unless otherwise specified in the Terms of Use, all third-party account content shall be considered to be your content. Subject to the privacy settings that you have set in your third-party account, personally identifiable information that you post to your third-party account may be available on and through your account with us. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then account content may no longer be available on and through our Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. We make no effort to review any content for any purpose including, but not limited to, accuracy, legality, or noninfringement, and we are not responsible for any third-party account content.

We may suspend or terminate your account and refuse any current or future use of our Site if we have reason to believe that you created the account under a false identity, your account information is not accurate or current, you are not honoring the spirit of these Terms, or for any other reason in our discretion.

You acknowledge and agree that you shall have no ownership, property interest, or other interest in any account you create with us, and you further acknowledge and agree that all rights in and to that account are and shall forever be owned by and inure to our benefit.

When you place an order, you are representing to us that:

• You have read, understood, and agree to these Terms.
• You are of legal age to enter into a contract with us.
• If you are making the purchase on behalf of someone else, that you have the authority to bind them, and are binding them, to these Terms.

All information provided including, without limitation, billing information and shipping address, are current, accurate, and authorized.

When you place an order, we aim to fulfill that order to your satisfaction by doing the following:

• When we receive your order, we will send you an email confirming receipt. If you do not receive a confirmation email within a reasonable period of time, please contact our Customer Service Team.
• After confirming receipt, we will begin to process your order. Please note that confirmation of receipt of your order does not mean we have accepted your order.
• After your order has been successfully processed, we will send you an email confirming that we have shipped the order. When we deliver the order to the carrier for shipment, your order is deemed accepted, and title and risk of loss pass to you. Shipping and delivery dates are estimates only and cannot be guaranteed, and we are not responsible for shipping failures or delays.

There may be occasions on which we are not able to accept or need to cancel your order. Here are some of the types of situations in which we will refuse or cancel an order:

• The order contains insufficient information or errors in information, such as billing, payment, and/or shipping information;
• Suspected or actual fraud;
• The order is connected with a previous credit card dispute;
• Merchandise unavailability or delays in fulfillment; or
• An error in pricing or other merchandise information.

If we reject an order due to an error in pricing or other merchandise information, then we will notify you at the email address provided and ask you if you would like to re-submit your order using the corrected information.

If an item is delayed out of our fulfillment center or becomes available, then we will contact you at the email address you provided.

Although unlikely, we reserve the right to refuse or cancel an order for any reason.

Prices are quoted in the denomination stated. Prices posted on this Site may be different from prices offered by different retailers or at different locations. All prices, discounts, and promotions posted on this Site are subject to change without notice.

We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

The price you are charged will be the price in effect at the time you placed your order and will be stated in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and itemized in your shopping cart and your order confirmation email.

From time to time we may offer promotions that may affect pricing and that are governed by terms and conditions in addition to these Terms. If there is a conflict between the terms for a promotion and these Terms, then the promotion terms will govern. Please read all Promotion Terms for details.

Generally, we must receive payment before we accept an order. When submitting an order, you must provide a valid credit card (Visa, Mastercard, or any other issuer accepted by us) or use a third-part payment service provider (see below for more details). Your credit card provider agreement governs your use of the designated credit card, and you must refer to that agreement and not these Terms to determine your rights and liabilities vis-à-vis your use of that card. By providing your credit card number and associated payment information, you authorize us to immediately charge your credit card for all fees and charges due and payable and to credit your credit card for any refunds owed without any additional notice or consent required. You agree to immediately notify us of any change in your billing address or the credit card used for payment. You must notify us in writing within 7 days after receiving your credit card statement if you dispute any charges; otherwise, your dispute will be deemed waived.

In addition, you represent and warrant to us that:

• The credit card information you supply to us is true, correct, and complete.
• You are authorized to use the credit card for the purchase.
• Your credit card company will honor the charges.
• You will pay the charges incurred by you at the price charged, including shipping, handling, and tax.

We may change our billing or payment methods at any time.

We transact and provide international sales through the e-commerce platform Shopify, owned by Shopify, Inc. (“Shopify”).

We accept third-party payment services and use third-party service providers for payment processing and related services. These third parties may include, among others, Adyen B.V. (“Adyen”), Klarna Inc. (“Klarna”), Affirm, Inc. (“Affirm”), Apple Payments, Inc. (“ApplePay”), Amazon Payments, Inc. (“AmazonPay”), Google LLC (“GooglePay”), Shopify, Inc. (“ShopPay”) and PayPal, Inc. (“Paypal”).

By placing an order, you consent to provide and authorize us and our third-party service providers to share any information and payment instructions you provide to the extent necessary to process and complete your order. You also consent to the third-party service providers’ terms of service and privacy policies, as applicable.

If you apply for payment terms through Klarna or Affirm, terms of service will be provided when the request is made, and you must agree to those terms before using their service.

We have endeavored to provide terms and policies for AmazonPay, ApplePay, GooglePay, and Paypal through the links below. However, we are not responsible for their terms or policies and any changes they may make to them; accordingly, you agree to check with each of these service providers to ensure you have the most up-to-date terms and policies, and you agree to abide by the same. By using one of these payment service providers, you are representing to us that you have agreed to, and are abiding by, those service providers’ terms.

By using third-party payment service providers, you are also representing that you have carefully checked your account information with the third-party payment service provider to ensure that your billing information, shipping address, and other relevant details are current, complete, and accurate. We will not be responsible for any errors in the information provided through these third-party accounts including, without limitation, an outdated shipping address.

• AmazonPay Customer Agreement
• AmazonPay Privacy Notice
• ApplePay Terms and Conditions
• ApplePay Privacy Notice
• GooglePay Terms
• GooglePay Privacy Notice and Privacy Policy
• PayPal User Agreement
• PayPal Privacy Policy

Returns, exchanges, and refunds are subject to our refund policy. Items designated on the Site as final sale or non-returnable are not subject to this policy and may not be returned.

We are proud of the reputation we have built over time and the quality of the products and services we offer. To maintain the integrity of our products and the reputation of our brands, and to ensure high quality customer service, only authorized retailers are permitted to market and sell our products. When a retailer wishes to market and sell one of our brands, we will evaluate them according to our selection criteria. Approved retailers are educated about the specifics of our products, and they are expected to implement quality controls and follow our requirements for after sales service.

Products and services made available on this Site are intended for sale solely to individual consumers for their own personal use. By placing an order on this Site you agree that, unless we otherwise agree in writing, you are making the purchase for your own personal or household use or as a gift for another individual’s personal use and you will not engage in any form of resale or export. We reserve the right to reject any order that we believe may be made for purpose of resale and to cancel any account or subsequent order from a customer suspected of engaging in reselling.

If you are permitted to purchase products for purpose of resale, then you agree to comply with all applicable law and regulations (including, without limitation, anti-money laundering, bribery, and other laws) and to follow our policies, restrictions, and criteria for approved resellers and permitted points of sale. This includes, without limitation, restrictions on where and to whom product may be sold. Without limiting the foregoing, you understand and agree that you may not resell or deliver product into any sanctioned country or part thereof or to any individual on a sanctions list. If you violate any of these policies, restrictions, or criteria, we may cancel any open orders and refuse future orders.

Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site, including the purchase of products through the Site. By using the Site including, without limitation, browsing, creating an account, signing up for mailing lists, uploading content, or placing an order, you acknowledge and represent to us that you have agreed to those terms.

We may offer you marketing email and text message alerts regarding sales, events, new product releases, cart reminders, back in stock alerts, loyalty program alerts, and other matters (the “Messaging Service”). Our messaging terms and conditions (“Messaging Terms”) explain how we collect and use information about you in relation to the Messaging Service. You acknowledge and represent to us that, by participating in the Messaging Service, you have agreed to these Messaging Terms.

Products sold from this Site come with a limited warranty. This is the only warranty that applies, so please read its terms carefully.

EXCEPT AS COVERED BY THE LIMITED WARRANTY OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS ARE MADE AVAILABLE AND/OR SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS AND THAT YOUR SOLE REMEDY IS TO INVOKE THE TERMS OF THE LIMITED WARRANTY THAT ACCOMPANIED YOUR PURCHASE.

We offer the Site as a service to you. While we endeavor to maintain an accurate, error-free and useful Site, we cannot guarantee it. Accordingly, if you encounter an issue or experience a problem, please bring it to our attention quickly so that we may address it in a timely manner. In any event, you agree that any claim or cause of action arising out of or related to these Terms or your use of the Site (including purchases made through the Site) must be brought within 1 year after the first event giving rise to the claim.

ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, YOUR INTERACTIONS WITH THIS SITE, OR YOUR PURCHASE OF PRODUCT FROM THIS SITE OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM (1) THE USE OR INABILITY TO USE THIS SITE (INCLUDING SITE CONTENTS) OR (2) ANY OTHER MATTER RELATED TO THIS SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SOLE AND ENTIRE MAXIMUM CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SITE OR YOUR PURCHASE OF PRODUCT FROM THIS SITE SHALL IN NO EVENT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE USED OR THE PRODUCTS YOU HAVE ORDERED THROUGH THIS SITE.

These limitations on damages are fundamental elements of the basis of the bargain between us. However, the laws of some places do not allow for the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions, and limitations may not apply to you and you may have other rights.

We are not responsible for matters outside our control. Accordingly, you agree that we will not be liable or responsible to you, nor deemed to have defaulted or breached these Terms, for any failure or delay in our performance when and to the extent it is caused by or results (in whole or in part) from acts or circumstances beyond our reasonable control. This may include, but is not limited to, environmental matters (flood, fire, earthquake, explosion, etc.), governmental action (including war, invasion, or hostilities), terrorist threats or acts, riot or other civil unrest, national emergency, epidemics, pandemics, lockouts, strikes, other labor disputes (relating to our workforce or other workforces, such as logistics providers), supply chain issues, telecommunication breakdowns, and power outages.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and we waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT CANNOT BE RESOLVED INFORMALLY, CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, AND CLAIMS BROUGHT BY US FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF RELATED TO YOUR VIOLATION OF THE TERMS OF USE OR ANY INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING OUR CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY WITH REGARD TO SUCH CLAIMS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

This Arbitration provision applies to you and to us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

In any circumstances where this Arbitration provision permits us to litigate in court, we both agree that such claim or dispute must be submitted to the courts located within New Castle County, Delaware; for such purpose, we each agree to submit to the personal jurisdiction of such courts, and we each agree to waive any objections to the laying of venue in such courts.

Before either of us may seek arbitration or, if permissible, commence a court action, we must first send the other a written notice of dispute (“Dispute Notice”) describing the nature and basis of the claim or dispute and the requested relief. After a Dispute Notice is received, we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within 90 days after the Dispute Notice has been received, then either of us may begin an arbitration proceeding. The terms of any settlement offer (including amount) made by either of us to the other may not be disclosed to the arbitrator until the arbitrator has determined the amount of the award, if any, to which either of us is entitled.

Arbitration must be initiated through Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this Arbitration provision. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. If JAMS is not available to arbitrate, then the parties shall agree upon an alternative arbitration provider and shall follow such provider’s rules that most closely align with the JAMS Rules.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Unless otherwise agreed or required by applicable law, all arbitration proceedings shall be held in English, and any in-person appearances will be held in New Castle County, Delaware, USA. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

If the arbitrator grants you an award that is at least 10% greater than the last settlement offer that we made to you prior to the initiation of the arbitration, we will pay you the greater of the award or $2,500.

Each of us shall bear our own costs and expenses (including attorney’s fees) and disbursements arising out of or related to the arbitration and shall pay an equal share of the fees and costs of JAMS (or, if applicable, other arbitration service provider).

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You and we both agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent either of us from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.

Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

If any part or parts of this Arbitration provision are found under law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration provision shall continue in full force and effect.

To the fullest extent permitted by law, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18.1. Term and Termination. These Terms commence on the date when you accept them (as described above) and remain in full force and effect for so long as you use Site properties, subject to our right to terminate in the event of your breach of these Terms.

18.2. Electronic Communications. The communications between you and us may use electronic means, whether you visit one of our Sites or communicate with us via email, online chat, phone, or otherwise, or whether we post a notice on our Sites or communicate with you via email, online chat, or other electronic communication. You consent to receive communications from us in an electronic form, you acknowledge and agree that such communications may be exchanges through a service provider who may have the ability to intercept or access the content of such communications in real time, and that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in another written form.

18.3. No Assignment. The Terms, and your rights and obligations under the Terms, may not be assigned, contracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

18.4. Compliance and Consumer Complaints. If you believe that we have not adhered to these Terms, please contact us. We will do our best to address your concerns. If you feel that your complaint has not been addressed completely, we invite you to let us know for further investigation. Where applicable, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

18.5. Notice. You are responsible for ensuring that we have the most up-to-date information about how to contact you. Where notice is required, we will send it to your most recent email address. Our dispatch of this email to you will constitute valid notice even if it is not your most current email or you have deactivated that email account. If you have not provided an email address to us, then we will send the notice to your most recent physical address. Our dispatch of this communication to you will constitute valid notice even if you are no longer at that address. You must send any notice to us, including any Dispute Notice, to 651 N Broad St, Ste205#774, Middletown, Delaware19709, USA, Attention: Compliance Department. Such notice shall be deemed valid when received by us provided it has been delivered by a reputable and recognized overnight carrier or first class postage prepaid mail at that address.

18.6. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

18.7. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

18.8. Export Control. You may not use, export, import, or transfer Site properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Site properties, and any other applicable laws. In particular, but without limitation, Site properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Site properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Site properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products, services or technology provided by us, either directly or indirectly, to any country in violation of such laws and regulations.

18.9. Entire Agreement; Admissibility. The Terms are the final, complete, and exclusive agreement between us with respect to the subject matter stated in these Terms and supersede and merge any and all prior discussions between us with respect to such subject matter. A printed version of these Terms shall be admissible in proceedings arising out of or related to these Terms, including without limitation use of the Site and the purchase of products or services through the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. International Users. Our Sites may be accessible from countries around the world and may contain references to Site content and properties that are not available in your country. These references do not imply that we intend to introduce such content or properties in your country. We make no representation that Site content or properties are appropriate or available for use in locations outside the country from which the Site is controlled and/or operated. If you choose to access the Site or use Site content or properties from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

20. SMS & Messaging Terms & Conditions. Brathwait Watches offers its customers recurring marketing message alerts regarding sales, events, new product releases, cart reminders, back in stock alerts, and loyalty program alerts, by mail, email, text messages, and other automatic means (the "Service"). These terms and conditions ("Messaging Terms") explain how Brathwait Watches collects and uses information about you in relation to the Service. By enrolling in and participating in the Service, you are agreeing to these Messaging Terms and to Brathwait Watches Terms of Use.

Together, these Messaging Terms and Brathwait Watches Terms of Use Agreement are referred to as the "Terms."

When you enroll in and use the Service, Brathwait Watches will collect various information from and about you, including information you directly provide when using the Service. For example, Brathwait Watches will collect the phone number and email address you provided when signing up for the Service. For details about how Brathwait Watches collects, uses and shares information in connection with the Service, please carefully read our Privacy Policy. By using the Service, you agree to the terms of our Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to the Terms. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to the Terms. Brathwait Watches reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

1. Authorize Brathwait Watches to send you marketing communications by mail, email, and text messages (collectively, "Messages"). In particular, and without limitation, by providing your consent, you are authorizing Brathwait Watches to place (or allowing the placement of) Messages at the telephone number you provided using an automatic telephone dialing system or automated system for the selection of telephone numbers.
2. Acknowledge that you do not have to agree to receive Messages as a condition of purchase.
3. Confirm that you are the subscriber to the phone number you provided or that you are the customary user of that number on a family or business plan and that you are authorized to opt into the Service.
4. Consent to the use of an electronic record to document your opt-in to the Service. To request a free paper or email copy of your opt-in or to update our records with your contact information, please contact: compliance@brathwait.com. To view and retain an electronic copy of these Messaging Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you confirm your choice to opt-in to the Service, your message frequency may vary. You may receive alerts about, among other things:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Loyalty program alerts
5. Cart reminders

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Brathwait Watches may add or remove any wireless carrier from the Service at any time without notice. Brathwait Watches and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

Consent to receive marketing text messages using an automatic telephone dialing system or automated system for the selection of telephone numbers is not a condition of any purchase. To stop receiving text messages from Brathwait Watches, reply STOP to any of the text messages you have received from Brathwait Watches. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate a confirmation text. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP (or END, CANCEL, UNSUBSCRIBE, QUIT) keyword command and agree that Brathwait Watches and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive emails or messages from Brathwait Watches through any other programs you have joined until you separately unsubscribe from those programs. The Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can text HELP for help at any time. This will provide you a link to the Messaging Terms. You can also email Brathwait Watches at support@brathwait.com, for assistance.

Collection, Use, Sharing, and Retention of Information

We will collect various information from and about you, including information you directly provide when using the Service. We have provided below a few examples of the type of information we collect and our use of that information. These examples are not exhaustive. Please refer to the terms of our Privacy Policy for more information.

We will collect the phone number and email address you provided when signing up for the Service. When you send messages via the Service, we will also collect your messaging history and any information included in those messages.

We also collect information about you using cookies or similar technologies. For example, Brathwait Watches uses cookies to collect information about abandoned shopping carts. A cart is considered abandoned after one hour of inactivity/lack of purchase. After the timer has expired, Brathwait Watches may send you a text message reminding you your cart has expired.

Changes to Terms

These Messaging Terms, Brathwait Watches Terms of Use Agreement, and Brathwait Watches Privacy Policy are subject to change at any time. We encourage you to periodically check the Terms to be informed of any updates or changes.