Terms & Conditions
These Chrono 6538 Membership Terms and Conditions (“Terms and Conditions”) govern your (“Member”, “you” or “your”) use and enjoyment of the Chrono 6538 membership programme, and other opportunities, services, benefits and privileges (collectively, the “Services”) that Chrono 6538 may make available to its Members. Membership in Chrono 6538 is conditioned upon acceptance of these Terms and Conditions.
Please read these Terms and Conditions carefully.
For and in consideration of payment of the monthly Membership Fees detailed on the Application Form, Member is acquiring from Chrono 6538 the right to access and receive certain Services as well as the right, as available, to receive Additional Benefits (as defined below) described in and subject to the Application Form, these Terms and Conditions, and such other documents and agreements governing Membership rights (collectively, the “Chrono 6538 Agreements”). The availability of Additional Benefits is based on your Access Level, as further described herein and in other Chrono 6538 Agreements. These rights and bundle of Services are referred to herein as your Chrono 6538 “Membership”.
Basic Rules about the Chrono 6538 Service
Members may access watches from Chrono 6538 in accordance with these Terms and Conditions and any other applicable Chrono 6538 Agreements. Chrono 6538 or its supplier(s) retain ownership of watches at all times, and Member shall not take any actions that are inconsistent with such ownership (such as selling, lending, renting, altering or modifying any watch or other item). Members also agree to comply with any terms, conditions, or policies that Chrono 6538 may provide from time to time.
Receipt of the Products
We will deliver watches to you via secure courier delivery. You bear responsibility for the items delivered in accordance with your instructions. We will only ship to your home address, unless instructed by you to deliver to an alternative address. You bear responsibility for the items delivered to an alternative address in accordance with your instructions. You further acknowledge that shipping to an address where an individual, preferably yourself, can physically receive the item is highly recommended. In the event that you are not present to physically receive a watch, you agree to bear all liability for loss, theft or disappearance of the watch left unattended or signed for by someone else on your behalf. Please inspect your watch carefully on receipt and to immediately notify Chrono 6538 of any obvious damage or issue. Depending on the issue we may ask you to return a watch for a replacement watch, which we will do once the original watch is returned.
Use of the Watches
You will treat all watches you receive from Chrono 6538 with great care. You are responsible for all loss of, or destruction or damage to, any watch due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear, including, but not limited to, an alteration or alterations made by the member or on behalf of a member without the expressed authorization of Chrono 6538, the exchange of an Chrono 6538 product for any other product, regardless of value, or disregard for special care or maintenance required for a specific Chrono 6538 watch. In the case that a watch is stolen and a police report filed, Chrono 6538 should be made aware immediately. However, Chrono 6538 cannot guarantee that a lost or stolen watch will be replaced without cost to the Member. If desired, you can add your membership to your existing insurance policy/policies via a blanket jewellery schedule (contact Chrono 6538 for additional information). If you return any watch with damage exceeding normal wear and tear, as determined by Chrono 6538 in its sole discretion, you agree that Chrono 6538 may charge your credit card and collect a repair/replacement fee for such watch. The amount of the repair/replacement fee will vary depending on the extent of damage and/or the replacement cost of the damaged, destroyed, or lost watch.
Return of the Products; Extensions
We will always provide you with a packing box and pre-paid return-shipping label upon delivery of a watch. Approximately 14 days prior to the date any watch is to be returned to Chrono 6538, we will send you an email asking you to return the watch using the box and pre-paid shipping label that we have provided. If you need a new return box and shipping label, contact Q to provide you with new return materials. We will not send your next scheduled watch until the previous watch has been received. If you fail to return any watch on its scheduled return date, a late fee of five percent (5%) of the retail value of such watch may be charged to you for each day after the date such watch was due to be returned, and you agree to pay such fees, up to the full retail value of the watch (as determined by Chrono 6538). You agree that Chrono 6538 may charge you the full retail value of any watch not received by Chrono 6538 within fourteem (14) days of the date it was due to be returned. Membership Fees will continue to accrue until all applicable late fees and repair/replacement fees have been received.
Purchase of Watches from our Stock
You can contact us at any time via our website or email, to learn the current purchase price of any watch provided to you or available in stock. If you pay us the full quoted price and are in possession of the watch, the watch is yours to keep; otherwise we will promptly ship it to you. All watches sold to members are provided on an “AS IS” basis and potentially without warranty of any kind. The purchase of a watch or watches from inventory is a separate transaction from your membership and does not affect any term thereof.
Fees Payable by Members
You authorize Chrono 6538 to obtain your credit information from consumer credit-reporting agencies. You agree to maintain a valid credit/debit card or other payment system (for example, PayPal) on file with Chrono 6538 at all times. All account information shall be held by Chrono 6538’ secure third party payment processor. Except as otherwise provided in the Chrono 6538 Agreements or in writing by Chrono 6538, all fees and charges payable by Members hereunder must be paid in GB Sterling and are due on demand, which may be made electronically, or may be charged to the Member’s credit/debit card or other payment system on file with Chrono 6538, which charges you hereby expressly authorise. Should any bill remain delinquent more than a period of thirty (30) days, your Membership will be immediately suspended and such unpaid amount will incur interest charges of one and one half percent (1.5%) per month (but shall not exceed the maximum permitted by law). Your failure to pay any charges or any other failure to timely make payments due hereunder is grounds for immediate termination or suspension of your Membership. By agreeing to these Terms and Conditions, each Member agrees that Chrono 6538 is authorized to charge any outstanding amounts to such Member’s credit/debit card or other payment system on file with Chrono 6538. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. Chrono 6538 will notify you of any rejection of a payment by your credit/debit card or other payment system provider, and in such event you will have a five (5) day grace period to resolve such rejected payment prior to expiration of your Membership and forfeiture of your deposit. During this grace period and until the payment rejection is resolved, your Membership will not be suspended. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement; failing which, you agree that you waive your right to dispute any such problems or discrepancies. Except as expressly set forth otherwise herein, Membership Fees are non-refundable. You acknowledge that you are not entitled to interest on any deposits retained hereunder.
Automatic Payment Programme
By agreeing to be bound by these Terms and Conditions, you agree to pay the Membership Fees as specified in the Application Form. You consent to the automatic payment program for such Membership Fees payments and pre-authorize Chrono 6538 to initiate Membership Fee charges to the credit/debit card or other payment system (for example, PayPal, credit card or electronic funds transfer) that you may designate from time-to-time. This consent and authorization shall remain in full force and effect until you notify Chrono 6538 in writing to the address set forth on the Application Form at least 3 business days before the scheduled date of any payment of a different payment method or system.
The initial duration of your Membership is the 12-month period from the first date of the calendar month following the Effective Date described in the Application Form (“Term”). Your Membership is renewable by payment of the then-applicable Membership Fees Your Membership Fees are consideration for Membership and are not payment for any goods or services.
Alteration or Voluntary Termination by You during the Term
You may terminate your Membership during the Term by providing written notice to Chrono 6538 usign the form on our web site. Early termination (1) will become effective at the end of the calendar month in which the termination notice is received and (2) will be subject to a cancellation penalty equal to 6 months of the annualized Membership Fees, which amount must be received prior to termination becoming effective. You agree that this is a reasonable estimate of our administrative damages. If any amount of your deposit remains, Chrono 6538 will refund any amount amounts, less the cancellation fee, within thirty (60) days following the effective date of your termination.
Breach of Terms and Conditions
Your Membership may be suspended or terminated by Chrono 6538 if you breach any provision of these Terms and Conditions or any other Chrono 6538 Agreement. Also Chrono 6538 reserves the right to terminate your Membership at any time if we notice multiple cases of excessive damage or abuse to watches returned to us. Neither termination nor suspension, whether caused by breach, your election not to renew your Membership, or otherwise, relieves you of any outstanding obligations relating to your Membership. In the event your Membership is suspended or terminated, all future shipments will be cancelled and all monies you previously paid, including your deposit, Membership Fees and, except as otherwise specified herein, other amounts paid hereunder, may be retained by Chrono 6538 as liquidated damages for our administrative expenses, and not as a penalty. You agree that this is a reasonable estimate of our administrative damages.
Representations and Warranties
As a condition of the effectiveness of your Membership, you represent and warrant that (a) you are at least eighteen (18) years of age and possess the legal authority to create a binding obligation; (b) you will use the items with the Chrono 6538 Agreements; (c) your acquisition of your Membership is solely for personal enjoyment, and is not for investment purposes or with an expectation that it or any item hereunder may be resold for profit; (d) all information which you have supplied to Chrono 6538 is true, accurate, current and complete; and (e) our representatives may offer products and services to you via email, telephone or mail and you consent and agree to receive such offers.
Assumption of Risk; Limitation of Liability; Indemnification and Release
By agreeing to these Terms and Conditions, you agree to ASSUME ALL RISKS associated with your use and enjoyment of the watches provided hereunder. In consideration of your Membership and allowing you to use and enjoy your Membership, you agree to hold harmless, release, defend, and indemnify Chrono 6538 and its affiliates, suppliers, and their respective officers, directors, shareholders, employees and agents from any and all loss, cost, damage, liability (including reasonable attorney’s fees) and/or claims asserted, threatened, arising from, related to, or in connection with (i) any injury or death to persons or damage to property arising from your use and enjoyment of watches delivered hereunder; (ii) any damage to a watch or other property of Chrono 6538 or its third party service providers and affiliates caused by you or any third party; (iii) any violation of laws or rights of a third party by you; or (iv) any breach or other act or omission by you in connection with any Chrono 6538 Agreements, in each case unless the same results from the gross negligence or willful misconduct of such indemnified party.
Disclaimers of Warranties; Limitations on Liability
Membership and all watches and Additional Benefits are provided “as is”; Chrono 6538 makes no representations or warranties of any kind with respect to Membership or the items provided or sold by hereunder. Chrono 6538 assumes no liability or responsibility for any errors or omissions in providing the Membership services, any failures, delays, or interruptions in the shipment of items, and any losses or damages arising from the use of the items provided or other goods or services provided by Chrono 6538. Chrono 6538 reserves the right to refuse to ship any watch in its sole discretion. CHRONO 6538 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO MEMBERSHIP, WATCHES, AND ANY OTHER PRODUCTS OR SERVICES OFFERED BY CHRONO 6538, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, CHRONO 6538 REPRESENTS AND WARRANTS THAT, TO THE BEST OF ITS KNOWLEDGE, EACH WATCH PROVIDED HEREUNDER IS GENUINE; WILL BE IN COSMETICALLY EXCELLENT CONDITION AND GOOD OPERATING CONDITION WHEN DELIVERED; AND THAT CHRONO 6538 EITHER OWNS OR IS AUTHORIZED TO PROVIDE SUCH WATCH TO ITS MEMBERS. CHRONO 6538’ AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ AND AGENTS’ LIABILITY UNDER THESE TERMS AND CONDITIONS AND ANY OTHER CHRONO 6538 AGREEMENTS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES, WHICH SHALL NOT BE IN EXCESS OF YOUR MEMBERSHIP FEES PAYABLE OVER THE PREVIOUS THREE MONTH PERIOD. CHRONO 6538 AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR FOR ANY CAUSE BEYOND SUCH PARTIES’ REASONABLE CONTROL. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CHRONO 6538 TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
Electronic Signature Consent
By agreeing to these Terms and Conditions and submitting your Application Form you affirmatively consent and agree (initially and on an ongoing basis) that we may electronically provide to you these Terms and Conditions, the other Chrono 6538 Agreements and all other disclosures, agreements, contracts, rules and regulations, account statements, modifications, amendments, and all other documents relating to your Membership (collectively, “Electronic Records”), including, for example, receipt of any amendment or updates to these Terms and Conditions and any disclosures required by law. All Electronic Records may be delivered to the email address set out in the Application Form. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file. Electronic notices shall have the same effect as if sent to you in paper form. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all Electronic Records. Your agreement also permits the general use of electronic signatures in connection with your Membership, and by agreeing to these Terms and Conditions you agree to be bound whenever you click on an “Agree”, “Accept” or similar button, at which time a valid, binding and enforceable electronic contract will be formed.
Choice of Law; Arbitration
These Terms and Conditions and all other Chrono 6538 Agreements are entered into in and shall be governed by and construed in accordance with the laws of The United Kingdom.
Assignment; Amendments; Entire Agreement
Your Membership is personal to you and not assignable or transferable in whole or in part, nor shall it be pledged or encumbered, without Chrono 6538’ prior written consent. Chrono 6538 has the right to amend these Terms and Conditions and any other Chrono 6538 Documents at any time, and such amendments will be effective when we have delivered notification thereof to your email address set forth on the Application Form. These Terms and Conditions will be effective beginning on the Effective Date and will continue to be effective, as amended from time to time, until your Membership is terminated or ended or an amendment to these Terms and Conditions becomes effective, from which point the amended Terms and Conditions shall control. The provisions of these Terms and Conditions shall survive termination of your Membership. In the event that any terms of these Terms and Condition or the other Chrono 6538 Agreements are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions or other Chrono 6538 Agreements shall otherwise remain in full force and effect and enforceable. Chrono 6538’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. The Application Form, these Terms and Conditions, and the other Chrono 6538 Agreements constitute the entire agreement between us and you pertaining to the subject matter hereof.