TERMS AND CONDITIONS
Welcome to SmartBargains.com (the “Site”). The Site is the property of Swiss Watch International, Inc. (together with its affiliated
companies) and these Terms and Conditions govern your use of the Site. By shopping at SmartBargains.com, you accept and
agree to these Terms and Conditions.
- Electronic Communications. When you visit SmartBargains.com, make a purchase on the Site, or send e-mails to us, you are
communicating with us electronically. We will communicate with you primarily through e-mail. Pursuant to the Uniform
Electronic Transaction Act, all agreements, notices, disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
- Use of Site. SmartBargains.com grants you a limited license to view and make use of the Site for personal shopping use
only. This license does not allow you to download, cache, copy, or compile information from the Site including, but
not limited to, product listings, descriptions, or prices for the benefit of another merchant or business entity. The
Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, or exploited for any commercial purpose
without the express written consent of SmartBargains.com. You may create a hyperlink to the Site so long as the link does
not portray SmartBargains.com, or its products or services, in a false or derogatory manner.
- Your Account. Certain features on the Site require you to first register an account. You are responsible for maintaining
the confidentiality of your account and password, as well as for restricting access to your account. You may be held
liable for any purchases made under your account. You agree to immediately notify SmartBargains.com of any unauthorized
use of your account or of any other security breach of your account. You also agree that SmartBargains.com may, in its
sole discretion and without prior notice to you, terminate your account or access to the Site for any reason including,
but not limited to, (1) failure to pay for purchases, (2) late payments under a Stress-Free Payment Plan, (3) suspected
or actual unauthorized use of the Site, or (4) violation of any of these Terms and Conditions. You agree that SmartBargains.com
will not be liable to you or any third party for termination of your access to the Site.
- Disclaimer of Warranties. Use of the Site is entirely at your own risk. Except as expressly set forth below or in a written
warranty that accompanies a product (and then only with respect to such product), SmartBargains.com expressly disclaims
all representations and warranties of any kind either express or implied (including without limitation, warranties of
merchantability, fitness for a particular purpose, accuracy and availability) regarding the Site and any products offered
or available through the Site. SmartBargains.com does not warrant that information contained on the Site will be accurate,
reliable or error free, or that defects will be corrected. SmartBargains.com cannot be held responsible for errors and
omissions in the Site and reserves the right to modify and correct errors at any time. We do not honor inaccurate or
erroneous prices. Our prices are also subject to change without notice. Material on the Site may also contain technical
inaccuracies or typographical errors (including pricing errors), and may be changed, updated, or modified at any time
and from time to time without notice. SmartBargains.com will not be liable or responsible for any such inaccuracies, errors,
changes, or updates. SmartBargains.com may in its sole discretion add, delete, or change some or all of its products and
services at any time. SmartBargains.com has attempted to accurately depict the products offered on the Site. However,
because the depiction of a product is dependent on your computer monitor, SmartBargains.com cannot guarantee that such
depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your
monitor. Some photographs have been enlarged to show detail.
- Limited Liability. The Site and products and information on the Site are provided on an “as is-where is” basis. Neither
SmartBargains.com nor its subsidiaries, affiliates or any of their respective employees, agents, directors, employees,
representatives, shareholders, predecessors, successors, or assigns (collectively, “Affiliates”) will be liable for
any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from
use of the Site, the information contained on or transmitted from the Site or products available or purchased through
the Site, or transactions conducted at the Site, even if SmartBargains.com has been advised of the possibility of such
damages or losses. Some states do not allow the exclusion or limitation of liability for consequential or incidental
damages so the above limitation or exclusion may not apply to you. In no event shall the total liability of SmartBargains.com
or its Affiliates arising directly or indirectly from this Site or any products available or purchased through the Site
exceed the lesser of the amount paid by you to SmartBargains.com for the single product at issue, or one thousand dollars
($1,000.00). You hereby acknowledge that all the provisions of this section will apply to all use of the Site, the information
contained on the Site, and products available or purchased through the Site, and transactions conducted at the Site.
- Intellectual Property. All content and media on the Site including, but not limited to, text, photos, graphics, videos,
logos, icons, and HTML code, is either owned by or licensed to SmartBargains.com and is protected by copyright, trademark,
and trade dress law. SmartBargains.com is registered trademarks of ILS Holdings, LLC and are used with permission. All
other registered trademarks are property of their respective owners. The use of SmartBargains.com without express written
permission is strictly prohibited.
- Contests. No entry fee or proof of purchase is required as a condition of entering any contest on the Site.
- Payment Terms, Credit Cards, and Conditions of Sale. All payments via credit must be made by Visa, MasterCard, American
Express, or Discover Card. To purchase any goods and/or services with a credit card on our website, you must provide
us with a valid credit card number and associated payment information including all of the following: (1) your name
as it appears on the card, (2) your credit card number, (3) the type of credit card, (4) the date of expiration and
(5) any card security code (commonly known as “CVV2”) needed to charge your card. By submitting this information to
us, you hereby agree that you authorize us to charge your credit card the amount of your purchase including any applicable
shipping charges and taxes. Your card issuer agreement governs your use of your designated card, and you must refer
to that agreement to determine your rights and liabilities as a cardholder. You, and not SmartBargains.com, are responsible
for paying any unauthorized amounts billed to your credit card by a third party. Unless you notify SmartBargains.com of
any discrepancies within thirty (30) days after they first appear on your credit card billing statement, you agree that
all credit card charges will be deemed accepted by you for all purposes. If SmartBargains.com does not receive payment
from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SmartBargains.com or its agents.
Payment is also accepted by check. Any dishonored checks will be assessed a fee of $20.00 or the maximum allowed by
law. By sending your personal check, you are authorizing SmartBargains.com to use the information on your check to make
a one-time electronic debit from your account at the financial institution indicated on your check. No additional amount
will be added to the original authorized amount. Regardless of the method of payment, you agree to pay all fees and
charges incurred in connection with your purchases (including any applicable shipping charges and taxes) at the rates
in effect when the charges were incurred. You are responsible for paying any governmental taxes imposed on your purchases,
including, but not limited to, sales, use or value-added taxes. SmartBargains.com shall automatically charge and withhold
the applicable sales tax for orders to be delivered to addresses within Florida and California.
- Risk of Loss. All orders placed on SmartBargains.com are made pursuant to a shipment contract. Therefore, title and the
risk of loss passes to you, the buyer, upon our tender of the goods to the shipping carrier.
- Stress-Free Payment Plan. SmartBargains.com offers Stress-Free Payments which is an easy, finance-free, 0% interest monthly
payment plan. During checkout, if your item has the option available, just select the Stress-Free Payment option. Once
the order is placed, shipping, tax, and the initial payment will be collected. The remaining balance is then automatically
billed to your credit card in equal monthly payments from the day the order was placed. Please note that Stress-Free
Payments can only be used with credit card payments. Gift cards and some order level promotions cannot be used in conjunction
with Stress-Free Payments. All Stress-Free Payment orders are subject to in-house credit approval that won't show up
as an inquiry on your credit report and won't affect your credit score. Customer support may contact you for additional
information if required. A schedule of payments on the designated dates will arrive on the web confirmation page and
in your email receipt. Please keep this for future reference. By participating in the Stress-Free Payment Plan, you
are authorizing SmartBargains.com to charge your credit card monthly installments. It is your responsibility to maintain
a valid credit card on file. If you fail to do so, and you become past due on your Stress-Free Payments, you authorize
SmartBargains.com to charge any alternative form of payment including, but not limited to, any credit cards or gift cards
on file, for the past due amount. All items remain the property of SmartBargains.com until paid in full. In the event
of non-compliance with the Stress-Free Payment Plan terms or fraudulent use of funds, SmartBargains.com reserves the right
to appear at the purchaser's or receiver's premises and take possession of the said merchandise without prior consent
or notice. Failure to make timely payments may result in your account being turned over to a collection agency in an
attempt to collect a debt. For more information regarding collections and Stress-Free Payment Plan inquiries please
contact the customer service department at 954-983-2181 or email us at customerservice@SmartBargains.com.
Please review those polices as they also govern your experience on the Site.
- Applicable Law. These Terms and Conditions shall be governed by, construed, and interpreted according to the laws of
the State of Florida, and you and SmartBargains.com agree to and consent to the exclusive jurisdiction and venue of the
courts in Broward County, Florida. The prevailing party in any such action shall be entitled to an award of reasonable
attorneys' fees and costs.
- Sharing. SmartBargains.com gives you access to third party partners to provide you with certain services. SmartBargains.com
will provide that third party with your transaction information and then that third party will collect additional information
if needed to provide you with the requested service, such as outside shipping company to ship orders, and a credit card
processing company to bill users for goods and services.
We reserve the right to transfer any and all information
that we collect from users of the site to a third party in the event of any merger, sale, joint venture, assignment,
transfer or other disposition of all or any portion of the assets or stock (including without limitation in connection
with any bankruptcy or similar proceedings) relating to SmartBargains.com.
Finally, notwithstanding any other provision
we are required to do so (i) by law; (ii) to comply with legal process or governmental requests; (iii) to enforce our
Terms of Service; (iv) to protect our operations or those of any affiliated entities; (v) to protect the rights, privacy,
safety or property of SmartBargains.com, any affiliated entities, you or others; and (vi) to permit us to pursue available
remedies or limit the damages that we may sustain.