Terms & Conditions

Terms & Conditions

These Terms and Conditions (“Agreement”) are between you and PIXO LIMITED. (“Company”). In consideration of the right to access and use the websites located at the PIXOWATCH.com, (each, the “Site” or the “Website”), and receive the Products offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age. YOUR USE OF THE WEBSITE AND THE PRODUCTS SOLD THEREON CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This Agreement applies to the products currently offered by the Company and any products that the Company may choose to offer in the future (collectively, the “Products”).  PIXO reserves the right to change the terms and conditions listed on this page at any time without notice.

EMAILS

By placing an order, you accept that PIXO may contact you via email with any future communication with regards to sales, specials, or any other announcements. At any given time, if you wish to opt-out of this, please email us at cs@pixowatch.com to be removed from our email list.

ORDERS

Satisfaction with your purchase from PIXOWATCH.com is our Ultimate goal!  Regular priced new watches gladly come with a return privilege within 7 days of order* (with a few exceptions listed below).  We fully understand sometimes you must see something to truly appreciate it. Please email us at cs@pixowatch.com within 7 days of the order for a Return Authorization number.  Please return the items within ten days of the RMA being issued.  Please feel free to contact us with any questions as we are glad to help.
Please understand that we are perfectly happy taking returns within these guidelines, but we must be able to sell the watch as new.  We hope you understand that a new watch can only be returned if it has never been worn or used.  It is impossible to wear a watch, even for a short time and not get it blemished in some way, especially if it has a leather band which is marked the first time the strap is buckled.  Resized, modified (including removal of any links) or watches removed from sealed packaging are not be eligible for returns. Refunds are not allowed on gift vouchers and unfortunately there are no refunds on special orders.    All returns costs and fees are the responsibility of the buyer normally.  At the discretion of PIXO, returns of new watches with incomplete and/or damaged packaging and/or missing instruction manuals/warranty cards may be charged a 40% flat fee or they may be returned to sender if PIXO is unable to obtain replacement components.

SHIPPING

Once items are shipped, liability is covered by the terms of the carrier. We will ship to the address specified by the customer. If you did not provide us with an accurate address, neither the PIXO, nor the shipping carrier can be held responsible for the loss of an item. Please double check your shipping address.
If you have any questions or concerns, please do not hesitate to contact us. We are committed to excellent customer service and will do our best to resolve any issues.
In the event the customer's address is entered incomplete on the original order, shipping insurance claims cannot be honored.  All shipments which have watches stolen from the packaging during transit are not covered by this insurance.  The insurance applies only to non-delivery of packages as PIXO cannot insure the security and reliability of the recipient's local postal system.  All customers need to notify PIXO in the event they haven't received the box within 30 days so we may issue a tracer.  No refunds/reshipments can be done if PIXO has not been notified.  In the event PIXO is unable to replace the item due to being out of stock, a refund will be given for the item cost. Tariffs, Duty, taxes, handling charges etc. may be assessed by your local postal office/customs office for international orders, and are NOT included in the charge from our site and PIXO is not responsible for these additional local charges. You may receive a separate bill for these additional charges from your local agency and this is not a reason to refuse the shipment as PIXO has no control over these costs.  Please check with your local customs office prior to placing an order to further clarify any possible fees.  All refused/undeliverable orders for any reason will be charged a 20% re-stocking/re-processing fee of the total purchase price.

Products

Through the Website, you may be able to purchase from PIXO the Products. PIXO reserves the right to change, suspend and discontinue any aspect of the Products at any time, including but not limited to the nature of the Products offered, databases, hours of availability, and equipment or software needed for access or use. PIXO has no control over your use of the Products. Nevertheless, PIXO reserves the right to prevent you from using the Website for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Website and purchase of the Products.

Not all of the Products described on the Website are available in all geographic areas. You may not be eligible for all of the described Products and we reserve the right to determine the eligibility of any user for any product or service.
THE PRODUCTS, CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,. FURTHERMORE, PIXO MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY CONTENT OR PRODUCTS, THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY PRODUCTS, THE ACCURACY OR RELIABILITY OF ANY CONTENT OR OTHER INFORMAITON OBTAINED THROUGH THE WEBSITE, ANY CONTENT, GOODS OR PRODUCTS OFFERED, PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT THE WEBSITE, CONTENT OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIME SECURE OR ERROR-FREE. USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE PRODUCTS AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PORPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR PRODUCTS. PIXO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PRODUCTS IN TERMS OF THE CORRECTNESS OR ACCURACY OF ANY CONTENT, THE RELIABILITY OF ANY PRODUCTS OR OTHERWISE. THE WEBSITE AND THE PRODUCTS COULD BECOME INACCURATE OR INEFFECTIVE AS A RESULT OF DEVELOPMENTS OCCURRING OR CHANGES MADE AFTER PUBLICATION OF THESE TERMS AND CONDITIONS OR ANY OTHER CONTENT. PIXO UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION, CONTENT OR PRODUCTS CURRENT. PIXO IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR THE PRODUCTS OR THE OPERATION OF SUCH WEBSITE OR PRODUCTS. YOU (AND NOT PIXO) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE OR USING THE PRODUCTS.

PIXO SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES INVOLVING USER INFORMATION.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND PRODUCTS ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS OF THE WEBSITE AND THE PRODUCTS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY

IN USING THE WEBSITE AND THE PRODUCTS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD PIXO LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND THE PRODUCTS (OR ANY OTHER LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR PRODUCTS OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. PIXO SHALL NOT BE LIABLE EVEN IF PIXO OR AN AUTHORIZED REPRESENTATIVE OF PIXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL PIXO BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PIXO'S RECORDS, PROGRAMS, OR PRODUCTS. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND PRODUCTS AVAILABLE THROUGH THE PIXO WEBSITE.

EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL PIXO’S LIABILITY EXCEED THE FEES WHICH HAVE BEEN COLLECTED OR $500, WHICHEVER IS LESS. THE PAYMENT OF THIS AMOUNT SHALL BE PIXO’S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF PIXO, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION HEREOF.

(a) You agrees to indemnify, defend and hold harmless PIXO, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Products or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the PIXO’s successors, assigns and licensees. (b) The Products, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Products, the Website and all related products. You shall indemnify and hold harmless PIXO, its affiliates, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Products, the Website and all related products. (c) You covenant to cooperate fully in the defense of any claim. (d) PIXO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the PIXO.

(a) Some of the Content and/or Products may be offered to you conditioned on your purchase of a subscription. If you agree to subscribe, you further warrant and agree that all information that you submit is true and accurate (including without limitation, your credit card number and expiration date), and you shall pay all charges or fees to your account, including all applicable taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. PIXO reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Products and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you). You must provide PIXO with valid credit card information. (b) Your subscription will be renewed automatically either on a month to month or yearly basis depending on the original Agreement between you and PIXO. (c) If your credit card is not valid, or if your credit card can not be processed at the time of the renewal charge, PIXO reserves the right to immediately terminate or suspend your access to the Website and Products, thereby terminating this Agreement and all of PIXO's obligations hereunder or, or in addition, to charge you an administrative processing fee equal to 5% of the total billable amount. (d) The term of this Agreement shall commence when you first visit the Website or use the Products and shall apply to all of your subsequent visits and uses. PIXO may, with or without cause, immediately terminate this Agreement, and deny you access to the Website and/or the Products in its sole discretion. Without limiting the foregoing, PIXO has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that PIXO, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website. In the event of termination, the restrictions imposed on you with respect to material uploaded to or downloaded from the Website, the disclaimers, limitations of liabilities and indemnification set forth in this Agreement, shall survive and all fees and payments shall be non-refundable. Any and all terms which by the nature should survive the expiration or termination of this Agreement for any reason, including but not limited to provisions dealing with limitation of PIXO’s liability, disclaimer of warranty and intellectual property ownership, shall so survive.

PIXO may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if you breach this Agreement or if PIXO is unable to verify or authenticate any information you have provided. PIXO’s failure to act with respect to a breach by you or others does not constitute a waiver of PIXO's right to act with respect to subsequent or similar breaches. Without limiting any other rights PIXO has, you understand and acknowledge that PIXO, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach this Agreement.

Additional Information

All information, ideas, concepts and communications, including personal information, submitted to PIXO through the Website or any related PIXO Website is the property of PIXO. PIXO shall be free to use any ideas, concepts, know-how or techniques that you may submit to or through the Website for any purpose, including but not limited to, improving our Products. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in PIXO’s Privacy Policy, as set forth in any additional terms and conditions relating to specific Products, or as otherwise specifically agreed to by us in writing or required by law.

The Content on the Website and this Agreement are subject to change and updating by PIXO and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

The laws of the State of Nevada will govern these Terms and Conditions, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms and Conditions. Persons who access the Website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.

General

These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your Internet service provider.