Terms and Conditions

MODIFI is a platform owned by CMF Watch Limited that allows customers to create their own watch and buy watch-related accessories. Customers can customize their own watch at this website. 

CMF Watch Limited provides the service of

  1. Sourcing different watch parts and components around the world per customer’s instruction,
  2. Assembling the watch parts into a full watch per customer’s instruction,
  • Designing/ Printing logos and engravings per customer’s instruction

 

  1. General Terms

1.1 These Terms and Conditions (“Terms”) apply to all visitors and users of this domain of websites (“website”) and related Services (“Services”) operated by CMF Watch Limited (“CMF Watch”, “we”, “us”, or “our”).

1.2 These Terms govern your use of and access to the Services, including but not limited to the website, all applications and plugins running on our platform/ devices, Application Programming Interfaces (APIs), and notifications through channels such as email, SMS or App Push (collectively referring as Services), and all the data, information, graphics, art piece, text, photos or any other form of materials uploaded, downloaded or appearing on the Services (collectively referring as Content).

1.3 By accessing or using the Services, you accept these Terms and agree to be bound by them and all applicable terms and policies referenced herein absolutely. If you do not accept these Terms, please do not access or use the Services.

1.4 “You” and “your” refer to all customers, users and visitors. “We”, “us”, “our”, “MODIFI” and “CMF Watch” refer to CMF Watch Limited registered in Hong Kong. If you access the Services on behalf of any legal form of entity, it represents that you have authority to bind that entity to these Terms. We are not liable for relying on instructions, documents or communications from individuals we reasonably believe to have authority to act on behalf of your entity. We may require additional authentication from you or your entity.

1.5 MODIFI is not intended for minors. By assessing the website of MODIFI, you represent that you are at least 18 years old or above, and have the legal capacity to enter into a legal contract and agree with these Terms.

1.6 We aim to make the Services available 24/7 but do not guarantee uninterrupted access. We are not liable if the Services are unavailable for any reason.

1.7 We reserve the right to amend or revise any of these Terms and Conditions from time to time in our sole discretion without prior notice and without assigning any reasons whatsoever. It is your responsibility to review and read the Terms and Conditions periodically, or every time prior to using or entering our website. If you do not agree with the Terms and Conditions, please do not assess the website.

1.8 We may change or discontinue the Services at any time without notice. We will try to, but not obliged to, provide advance warning of disruptive changes when reasonably possible.

1.9 We may suspend or terminate your access to and use of the Services if:

1.9.1 We reasonably believe you have breached these Terms;

1.9.2 Your use creates risk or possible legal exposure for us; or

1.9.3 We are unable to provide the Services due to various factors;

1.10   When using the Services, you will not upload, post, email or otherwise transmit content that:

(a) Is libelous, defamatory, obscene, pornographic, abusive or threatening;

(b) Advocates or encourages criminal conduct or conduct that could give rise to civil liability or otherwise violate any applicable law or regulations; or

(c) Infringes the intellectual property or other rights of any third party.

We will cooperate fully with law enforcement in any investigation of potential illegal activities associated with the Services.

1.11   In case of any ambiguity, doubts, claims or disputes arising out of or under any of these Terms and conditions or any communications or the usage of our website, our decisions regarding the Services and these Terms are final. We will not enter into correspondence regarding our decisions.

1.12   By using the Services or purchasing products through the Services, you agree to indemnify, defend and hold harmless MODIFI and our affiliates, directors, officers, employees and agents (the “MODIFI Parties”) against any losses, damages, liabilities, claims, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal/ attorneys’ fees/ expenses of litigation) arising from any third-party claim, suit or action based on or arising from:

(a) Your breach of these Terms; or

(b) Your use of the Services.

We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

1.13   If any provision in these Terms is held legally invalid, unenforceable, the remaining Terms shall continue in full force and effect.

1.14   Failure or delay to enforce any provision of these Terms shall not constitute a waiver.

1.15   These Terms are governed by the laws of Hong Kong S.A.R., without regard to its conflict of laws principles. Any dispute or claims arising shall be submitted and governed by the jurisdiction of the courts of the Hong Kong Special Administrative Region.

1.16   To use certain features of the Services, you may need to create an account. You should provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and restricting access to your devices to prevent unauthorized account access; You are responsible for all activity that occurs under your account. If you have reason to believe your account is compromised or no longer secure, change your password immediately and notify us at info@modifi-watch.com.

1.17   If there is a discrepancy or inconsistency between the English and Chinese versions of these Terms, the English version shall prevail.

 

  1. Prices and Payment

2.1     The prices of products listed on the website are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to change, or update information, or cancel the orders if any information is inaccurate at any time without prior notice. Any increase in prices of the watches will not be applied to confirmed order (i.e. successful payment). If there is an error in the listed prices, we will notify you as soon as reasonably possible. You may choose to cancel or reconfirm your order.

2.2     Payments must be made through the payment methods specified during checkout on the website, unless otherwise specified. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our designated payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).

2.3     Prices listed on the website may not include delivery charges, customs duties and taxes. You are responsible for paying any applicable customs duties, taxes and other charges required to import the products into your delivery location.

2.4     If you fail or refuse to pay any applicable customs duties, taxes or other charges, your order will be returned. We will deduct the full cost of return delivery from your refund.

2.5     You are fully responsible for the products once delivered. We are not liable for loss or damage after delivery.

2.6     We will deliver to the exact address you provided during checkout. We do not deliver to certain locations, which will be specified during the checkout session.

2.7     Most orders will be shipped within 7 days of order confirmation and payment, and the delivery duration should take up to 3 weeks or longer depending on the location. The delivery timeframes displayed on the website are not guaranteed due to various matters.

 

  1. Return Policy

3.1     If you wish to cancel or modify your order, please contact us as soon as possible. We will try to accommodate your request but cannot guarantee once an order is placed. We only accept returns within 7 days after order confirmation, and only when all conditions in Clause 3.3 are met. To return a product, you must mail it back to us. We will issue a refund within 30 days of receiving the returned product.

3.2     If a returned product includes custom elements like engraving/ logo design and printing, we will only issue a refund of 60% of the purchase price.

3.3     We will issue a full refund only if all the following conditions are met:

3.3.1 All returned products must be new, unused and undamaged, and in original packaging.

3.3.2 You should pay for return shipping, packages and delivery costs and are responsible for the product until we receive it.

3.3.3 We do not provide return shipping labels. You should use registered and traceable shipping Services to return products.

 

  1. Limited Liability and Warranty

Please read this section carefully since it limits the liability of MODIFI and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “CMF Watch Related Entities”).

 

4.1     We make no representations or warranties regarding the website, Services or content. To the maximum extent permitted by law, we disclaim all express or implied warranties, including warranties of merchantability and fitness for a particular purpose.

4.2     We make no warranty that the Website, Services, or content will meet your requirements or that the results from using the website or Services will be accurate or reliable. We make no warranty regarding the quality of products, Services, information or content purchased or obtained through the website or in reliance on the content.

4.3     Under no circumstances shall the total liability of the CMF Watch Related Entities exceed the amount paid to us, if any, in the 12 months immediately preceding the claim for the Services that gave rise to the claim.

4.4     The website, applications and all content, documents or forms provided on or through your use of the website or applications are provided on an 'as is,' and 'as available' basis. To the fullest extent permitted by law, CMF Watch Related Entities make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose, title or non-infringement.

4.5     We do not guarantee that:

(a) The content, website or Services are defect-free, error-free or free from viruses or anything else that may damage your systems or equipment.

(b) Communications over the internet including in connection with the Services will be secure or delivered correctly or in a timely manner.

(c) Access to the Services will be uninterrupted.

(d) Use of the Services will achieve your intended results.

(e) Defects in the Services will be corrected.

4.6     CMF Watch are not liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages resulting from your use, or inability to use, of the information or Services or products provided by CMF, even if any CMF Watch related Entities has advised of the possibility of such loss or damages.

4.7     You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and the product and Services. You are responsible for ensuring your use complies with all applicable laws or legal requirements.

4.8     If your use of the Services does not proceed as expected or if you do not receive appropriate responses as set out in these Terms, contact us at info@modifi-watch.com. However, lack of response does not indicate acquiescence or waiver.

4.9     The limitations of liability in these terms apply to the fullest extent permitted by applicable law.

 

  1. Content Copyright and Intellectual Property Rights

All content on this website, including but not limited to text, images, graphics, logos, icons, and software, is the property of CMF Watch Limited or its content suppliers. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or its content without our express written consent.

5.1     Accessing our website indicates that you agree not to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or the product we offer.

5.2     For purchasing the product and using the Services, you agree that MODIFI shall have the rights to use, disclose, adopt or modify any ideas, concepts, knowhow, proposals, suggestions, reviews and other communications and information you provided during the purchase or use of our products or Services without any payment or rewards to you. You waive all the rights and claims for any kinds of rewards or returns including but not limited to discounts, fees, royalties, charges or any form of payment in relation to MODIFI’s use, disclosure, adoption, modification of your feedback.

5.3     You retain the rights to the Content you submit to CMF Watch Related Entities through this website or other channels. By submitting or displaying the Content to CMF Watch Related Entities, you grant MODIFI a worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, publish, the Content in any media except as stated in the Privacy Policy. You represent and warrant that you have all the rights to grant the rights to any Content you submit.

5.4     MODIFI respects the intellectual property rights of others. We will respond to proper notices of alleged copyright infringement. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with (i) your name and signature,

(ii) identification of the infringed work,

(iii) identification of the infringing material,

(iv) your contact information,

(v) a statement of your good faith belief;

and (vi) a statement of the accuracy of the notification and your authority to act.

5.5     By uploading any designs, photos, or other content to the website or sending us the contents/ designs to CMF Watch Related Entities through any channels, you represent and warrant that you have all necessary rights, copyrights, and permissions to use and upload such content. In the event that you violate the intellectual property rights of others, including but not limited to copyrights, trademarks, or other proprietary rights, or if you upload content that infringes on the rights of others, we reserve the right to pursue legal action against you, including but not limited to seeking damages, injunctions, and attorney's fees. You agree to indemnify and hold us harmless from any claims, damages, or other losses arising from any infringement or violation of intellectual property rights, privacy rights, or any other rights related to the content you upload/ pass to us. We reserve the right to remove any content that we believe may infringe on the rights of others, without notice or liability to you.

 

  1. Entire Agreement

6.1     These Terms, the Privacy Policy and any other policies and notices referenced on our website constitute the entire agreement between you and MODIFI regarding your use of the Services.

  1. Waiver and Assignment

7.1     Our failure to exercise or enforce any right under these Terms shall not constitute a waiver. You may not assign or transfer your rights under these Terms without our consent.

7.2     We reserve the right not to accept your order, for example, if we are unable to obtain payment authorization; the item does not meet our standards; you do not meet the eligibility criteria; or for any reason. We may also limit order quantities and prohibit unauthorized resellers.

7.3     We will not be liable if we withdraw any merchandise, remove or edit any content, refuse to process a transaction, or suspend a transaction. We will notify you of any incorrect pricing. If you have paid, we will refund you. For recalled products, we will refund you when we receive the returned products.

7.4     We reserve the right to not accept any order that we deem to be ineligible, including but not limited to those that fail to obtain payment authorization, that violate shipping restrictions, that are out of stock or do not meet our quality control standards, or that do not meet eligibility criteria outlined in the Terms. At our sole discretion, we may also refuse to process and accept transactions for any reason, or refuse service to anyone at any time. We may also limit or cancel the quantity of products purchased per person, per household, or per order, including orders placed under the same account, credit card, email address, or promotional code, or using the same billing or shipping address. If we make any changes or cancel an order, we will attempt to contact you using the email and/or billing address/phone number provided at the time the order was placed. We may also prohibit orders that we believe are placed by unauthorized parties, such as dealers, resellers, or distributors. You may not resell any products or services purchased through the Site for commercial purposes.

7.5     We will not be liable to you or any third party for withdrawing any merchandise from the Site, even if the merchandise has been sold, or for removing, screening, or editing any materials or content on the Site. We reserve the right to refuse to process a transaction, or to unwind or suspend any transaction after processing has begun. While we make every effort to ensure that details on our website are accurate, pricing errors may occur from time to time. If we discover an error in the pricing of a product in your order, we will inform you as soon as possible. We are not obligated to accept or fulfill an order for a product that was advertised at an incorrect price, and we reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will notify you via email or telephone that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we will refund the full amount as soon as possible. If products are recalled in transit, we will process your refund once the products have been returned to us. You may refer to Section 3 for more details.

 

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