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TERMS AND CONDITIONS

In the terms and conditions set forth below (the "Terms and Conditions"), the terms "you" and "your" refer to, as applicable, (i) the person or persons sending a watch or other item or items containing gold, platinum, silver, titanium, other precious metals, gemstones (including but not limited to diamonds, rubies, sapphires and emeralds), or any combination thereof (hereinafter referred to as "Merchandise") to INTERLINX DMCC (hereinafter referred to as "The Company") for sale to, and purchase by, INTERLINX DMCC or a third-party purchaser (hereinafter referred to as a "Third-Party Purchaser"), for whom INTERLINX DMCC will act as a facilitator of such sale and purchase or using watchtradeco.com or watch2cash.com (hereinafter referred to the "Site"), (ii) the person or persons purchasing a watch or other Merchandise from INTERLINX DMCC, for whom INTERLINX DMCC will act as a facilitator of such sale (each such purchase or sale transaction hereinafter referred to as "Transaction") or (iii) the person or persons using the Site. "We," "our," and "us" refer to INTERLINX DMCC and its successors and assigns.

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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 CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY 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.

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Terms Applicable to the Purchase of Merchandise.

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The following terms and conditions govern any Transaction relating to the purchase, or attempted purchase, of Merchandise by The Company or a Third Party Purchaser.

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Ownership of Merchandise

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If you are attempting to sell Merchandise, you hereby represent and warrant to The Company and any Third-Party Purchaser that (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise offered to be sold to The Company; (v) you are acting on your own behalf, and not as another’s agent or representative; (vi) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth, cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful, toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (ix) any transaction initiated by you will not cause The Company to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United Arab Emirates or any foreign country; and The Company reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for The Company to comply with local, and international laws.

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Describing your Merchandise

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You hereby agree that any description of the Merchandise that you provide to us, whether on the quote form, packing slip included in the shipping materials or otherwise, will be true, complete, and accurate at the time you submit such description to us. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described by you and the Merchandise we receive, or if no description of the Merchandise was included in the package used by you to ship the Merchandise, we may suspend or terminate the Transaction without notice to you. We will not repair or replace any replica watch even if the damage occurred during our normal testing and valuation procedures. Notwithstanding anything in these Terms and Conditions to the contrary, in the event that we terminate the Transaction because the Merchandise shipped by you is determined by The Company, in our sole discretion, to have an altered/mutilated serial number or to be a counterfeit or a replica copy, we will notify you in writing (which may include notification via email, text message, or other electronic means) and will ship your Merchandise to you, at your cost, within 5 business days of our receipt of your shipping instructions and payment therefore (if a valid account number with the designated shipper is not provided); provided, however, that you hereby agree that The Company may dispose of the Merchandise if we do not receive shipping instructions and payment for all shipping costs from you within 30 days of the date on which The Company sends you written notice that the Transaction has been terminated. In the event that The Company terminates the Transaction due to any other breach of the representations and warranties made by you in connection with your description of the Merchandise, The Compnay will ship your Merchandise to you within 10 business days at our cost by the Shipper shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to AED 500.

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Inbound Shipping; Costs; Loss or Damage Guarantee

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If The Company desires to receive your Merchandise for further inspection we may provide you with a shipping label; however, The Company is not obligated to provide you with a shipping label. If you send us the Merchandise using the shipping label we provide, we will purchase insurance to cover your Merchandise in the event it is lost damaged for the cash value of your quote, once it is processed by the national courier selected by us to ship your Merchandise (the "Shipper"). Once your watch is received, it will remain insured for the value of your cash quote. In the event that your package is lost we will require that you provide proof of shipping receipt, provide receipt of proof that goods are lost, and file a claim within 30 days of loss. In the event your package is damaged we will require that you: provide proof of shipping receipt, provide receipt of proof that goods are damaged, demonstrate that the package was not damaged prior to shipping, and file a claim within 30 days of loss. If you believe that you need additional coverage, then it is your responsibility to contact us so that we can provide such additional coverage at our expense before sending us your Merchandise.

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For Merchandise shipped from a jurisdiction outside the United Arab Emirates that require importing to the United Arab Emirates, you can select to send your Merchandise to us using the shipping label we provide, and we will pay for the costs of such shipment, including duties, VAT, etc. You are responsible for abiding by all relevant export and import laws and restrictions. If The Company receives your Merchandise, makes you an offer to purchase such Merchandise, and you decline such offer, it will be your responsibility to arrange for and pay for the necessary shipping to return your Merchandise.

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Notwithstanding the foregoing, you shall bear the risk of loss with respect to all Merchandise until such Merchandise is actually received by The Company.

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Receipt of Merchandise

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We record the opening and the contents of each package of Merchandise we receive. We will retain the video for at least 30 days after we receive your Merchandise. You may make arrangements with us to order a copy of the video of the receiving and unpacking of your merchandise for an additional fee. We reserve the right, at our sole discretion and without notice to you, to reject any inbound package. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us.

Any non-OEM (Original Equipment Manufacturer) extras (including, but not limited to generic boxes, aftermarket straps, and third-party materials) will not increase the offer for your watch. They will not be inventoried and will be disposed of when they arrive at our facility.

Determining Our Offer

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We will determine our estimate of the value of your Merchandise using factors that we deem to be appropriate. In order to value your Merchandise, we may need to open the watch and remove gemstones and other items from the watch. You hereby authorize us to open the watch, remove gemstones and other items from the watch, and take such other actions as we deem reasonably necessary to accurately value your Merchandise, including without limitation sending your Merchandise, at no cost to you, to a potential Third-Party Purchaser. You hereby further authorize us to perform our standard preparation service (which may consist of cleaning, basic repairs (as we deem appropriate), accuracy calibration, lubrication and pressure testing), and to photograph your Merchandise. You hereby authorize us to communicate with any potential Third-Party Purchaser regarding you and your Merchandise and to disclose all information provided to or obtained by us relating to you and/or your Merchandise to any potential Third-Party Purchaser. Upon processing your Merchandise, we will notify you by email or other electronic means (an "Offer Notice") of our offer or of an offer from a potential Third-Party Purchaser of payment for your Merchandise ("Offer").

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Accepting or Rejecting Our Final Offer

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You may accept the Offer via the seller portal, which you can access via the link provided in the Offer Notice, within 7 days of the date you receive the Offer Notice. The Company may, in its sole discretion, extend the time for acceptance of an Offer. In order to reject the Offer, you must do so via the seller portal. If you reject the Offer, and do not authorize us to hold your Merchandise for a longer period in order to make you another offer, we will ship your Merchandise to you at the address indicated in our records within fifteen (15) business days, at no cost to you, and will insure your Merchandise for the full value of the Offer.

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Payment for Your Merchandise

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We will issue payment for the Merchandise in the amount stated in the Offer, less any fees owed to The Company as stated in the Offer (the "Purchase Price"), via the method of payment you selected on the seller portal.  Payment will take place in ten working days after receipt of the Merchandise and confirming it to you officially by The Company.

 

ALL SALES FINAL

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ALL SALES ARE FINAL. NO REFUNDS, RETURNS OR CREDITS ARE PERMITTED. If you have elected to receive the Purchase Price by check, the transaction is final once The Company has sent a check to the address you provided. If you have elected to receive the Purchase Price by Bank Transfer, the transaction is final once The Company has sent the electronic wire to the banking details you provided.

Returned Merchandise; Outbound Insurance; Costs; Insurance

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In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the Shipper shipping method of our choosing at our expense and will purchase insurance coverage through the Shipper for the Merchandise for the full value of the rejected Offer. If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with Shipper and pay you the full amount received by us from the Shipper.

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TERMS APPLICABLE TO THE SALE OF MERCHANDISE.

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The following terms and conditions govern any Transaction relating to the sale, or attempted sale, of Merchandise by The Company.

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Risk of Loss; International Shipments

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All Merchandise sold by The Company is sold pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For Merchandise shipped outside the United Arab Emirates, you, as the purchaser, are required to pay customs charges, as well as any associated import tax, VAT, or duties. The Company is unable to provide specific customs charges for each purchase as policies vary greatly by country. You are encouraged to contact your local customs office for pricing estimates. The Company will include a copy of the invoice for the Merchandise with every purchase, and each country will determine applicable fees based upon such invoice. The Company will not label an item as a gift or declare a lesser value on the invoice than the purchase price paid. The Company will issue a refund of the purchase price actually received by The Company, minus all shipping and customs charges incurred as well as a restocking fee in such amount as reasonably determined by The Company, for any Merchandise returned to The Company by customs officials due to you, as the purchaser, refusing such Merchandise at customs.

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Returns, Refunds and Title

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All returns and refunds are governed by our Return Policy . The Company does not take title to returned items until the item arrives at our location.

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Product Descriptions

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We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free.

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Pricing

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Prices for Merchandise sold by us are subject to change at any time, without notice. With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.

 

Other Businesses

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We provide links to the sites of affiliated companies and certain other businesses. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties links are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party. HODINKEE does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

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Accuracy of Billing and Account Information

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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

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You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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Terms Applicable to All Transactions.

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Your Account

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You may be required to register with The Company in order to access and use certain features of the Site and our services. If you choose to register with the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you establish an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 years of age, you are not authorized to use the Site or our services, with or without registering. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

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Our Intellectual Property Rights

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The Site, all materials on the Site, including, but not limited to the logos, sales copy, images, navigational aids, illustrations, and all of such items that are provided to you in tangible form (the "Intellectual Property"), are owned by and the property of us or our affiliates and licensors and are protected from unauthorized use, distribution and copying by United States trademark law and copyright law, foreign laws and international conventions and other intellectual property laws. In order to use any Intellectual Property, you must obtain our written consent prior to your use. We reserve all rights not expressly granted by these Terms and Conditions.

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Electronic Signature

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FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL OR OTHER ELECTRONIC MEANS, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS.

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Limitation of Liability

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EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

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EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HODINKEE 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 THE SERVICES PROVIDED BY HODINKEE TO YOU, INCLUDING ANY CLEANING, MAINTENANCE OR REPAIR OF YOUR MERCHANDISE.

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IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US OR A THIRD-PARTY PURCHASER SHALL NOT EXCEED THE LESSER OF OUR OFFER TO YOU OR AED 3,000 PER TRANSACTION. NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE MERCHANDISE YOU PROVIDED TO US, (II) HAS AN ALTERED OR MUTILATED SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED AED 500 WITH RESPECT TO SUCH MERCHANDISE.

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YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTIONS, THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY HODINKEE TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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Indemnification

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You agree to indemnify, defend, and hold harmless The Company, its officers, managers, members, employees, agents, affiliates, licensors and suppliers (collectively the "Indemnified Parties") from and against any and all losses, expenses, damages, fines, penalties, and costs, including, but not limited to, reasonable attorneys' fees, incurred by any of the Indemnified Parties resulting from or arising out of any breach or violation of these terms and conditions by you or anyone acting on your behalf, or as a result of any false or materially misleading information provided by you to The Company (including, without limitation your representations and warranties to The Company regarding ownership of Merchandise and your authority to sell Merchandise to The Company).

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Applicable Law and Dispute Resolution

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Any dispute arising out of or in connection with the transaction between You and The Company, shall be subject to the exclusive jurisdiction of the National courts of Dubai. The governing law of this agreement shall be the substantive law of United Arab Emirates.

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