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Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions (“Agreement” or “Terms”) govern your use of the bobswatches.com website (“Website”), the Bob's Watches mobile application (“Mobile Application”), and their related products and services (collectively, the “Services”), and your use of any trademarks, images, text, or other content displayed through the Services (collectively, “Content”). This Agreement is a legally binding contract between you (“User,” “you,” or “your”) and CME International, LLC dba Bob's Watches (“Bob's Watches,” “we,” “us,” or “our”), 1900 Quail Street, Newport Beach, CA 92660.

By accessing or using the Services, creating an account, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by this Agreement, even though it is electronic and is not physically signed by you. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to this Agreement, you must not access or use the Services.

PLEASE READ SECTION 19 (DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER) CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND BOB'S WATCHES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.

This Agreement supplements any additional terms of sale or service you agree to when transacting with us. If you sell a watch to us, the Bob's Watches Seller Terms and Conditions, available at https://www.bobswatches.com/shipping-label-terms, also apply. If you purchase on layaway, the Supplemental Layaway Terms at the end of this Agreement also apply.

2. Eligibility; Accounts and Membership

You must be at least 18 years of age to use the Services. By using the Services and agreeing to this Agreement, you represent that you are at least 18 years of age.

If you create an account, you are responsible for maintaining the security of your account and for all activities that occur under it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for the Services, and we may block your email address and Internet protocol address to prevent further registration.

3. License; Ownership of Services and Content

You are granted a limited, nonexclusive, non-sublicensable, nontransferable, revocable license to access and use the Services and Content in accordance with this Agreement, for your own personal use and enjoyment of the Services. Bob's Watches may terminate this license at any time for any reason. No other license, right, title, or ownership interest is granted except as expressly set forth in this Agreement.

4. Purchases, Pricing, and Payment

4.1 Advertised Prices and Payment Methods

The advertised price of each product is the price you will pay if you pay by wire transfer or other cash-equivalent payment, and it includes all fees and charges that are mandatory to complete the purchase, other than (a) taxes imposed by a government on the transaction and (b) shipping and handling charges, each of which is disclosed before you complete your order.

For your convenience, we also accept optional payment methods such as credit and debit cards, PayPal, and third-party financing. If you choose one of these optional payment methods, a payment-method fee may be added to your transaction total. Any such fee is optional — you can avoid it entirely by paying the advertised cash/wire price — and the amount of the fee is disclosed at checkout before you pay. Monthly financing, where offered, is provided through Klarna and issued by WebBank. Bob's Watches is not affiliated with Amazon, PayPal, Klarna, or any other third-party payment provider; where financing is selected, it is based on the regular advertised price of the item.

4.2 Orders, Verification, and Delivery

We reserve the right to change products and product pricing at any time, and 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, including orders placed by or under the same customer account or credit card, or that use the same billing or shipping address. If we change or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided when the order was placed. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. Please be advised that for deliveries from Bob's Watches, a recipient aged 21 years or older may need to be present to provide a signature upon receipt of the package.

4.3 Accuracy of Information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate, at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Services except as required by law. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

4.4 Selling Your Watch to Us

Any initial purchase offer estimate from Bob's Watches is a preliminary estimate only, based on other similar watches we have bought and sold in the recent past. Market prices are subject to change without notice, and we reserve the right to make changes as necessary to reflect market conditions. An offer estimate represents the highest possible price we could pay for your watch if it is in perfect salable condition, needing no repairs or services. Estimates assume the watch has its original box and papers and all bracelet links. Any costs of restoration services needed to place the watch in like-new salable condition are deducted from the original estimate to arrive at a firm purchase offer. Sales of watches to us are also governed by the Seller Terms and Conditions referenced in Section 1.

5. Promotions, Coupons, and Discounts

From time to time we may offer coupons, discounts, and other promotions. Each promotion is governed by the specific terms stated in the offer (including its eligibility requirements, minimum purchase amounts, exclusions, and expiration date) together with this Section. We reserve the right to modify, suspend, or end any promotion at any time, and to cancel orders that misuse or abuse a promotion. Unless the offer states otherwise:

  • Promotional codes expire 30 days from the date the offer was made available to you, are valid for one-time use at www.bobswatches.com online checkout only, and are limited to one per customer.
  • Coupons and discounts (including trade discounts) have no cash value, may not be combined with any other coupon, discount, offer, or promotion, will not be replaced if lost, and may not be transferred or resold.
  • Discounts apply to the product purchase price before taxes, shipping, and handling, which are excluded from any discount. If a discount exceeds the eligible purchase amount, the difference will not be refunded or credited.
  • Promotions are available only while supplies last, do not apply to gift cards, may exclude certain products or price ranges, apply only prospectively (no adjustments on prior purchases), and are void where prohibited by law.
  • If a discounted item is returned, any refund will reflect the discounted amount actually paid.

Where we advertise a comparison to our own former prices (for example, savings compared to a prior period), the comparison is based on our records of our own standard retail prices for the same products during the referenced period, and we will substantiate the comparison on request.

6. Product Information and Authentication

All products offered are subject to prior sale. While Bob's Watches has tried to accurately display the shapes and colors of products offered on the Services, the actual colors you see depend largely on your monitor and may not be accurate. Unless otherwise stated, the word “original” is used to mean “factory original” for the relevant manufacturer. For example, if a watch description states that the watch is 100% original, or that the dial is “original,” it means the watch is 100% factory original and the dial is a factory dial. It does NOT mean that the watch is in its original condition, or that it has all of the same parts it had when it left the factory brand new.

Every watch we sell is authenticated through our in-house authentication process and, where needed, serviced at authorized service and repair facilities before sale. In addition, independent third-party certification by WatchCSA is available as an optional service for an additional fee at checkout.

7. Shipping, Delivery, and Returns

Shipping options, transit times, and delivery requirements are described on our U.S. Shipping page (https://www.bobswatches.com/shipping-info) and International Shipping page (https://www.bobswatches.com/international-shipping).

Returns, exchanges, and refunds are governed by our Return Policy, available at https://www.bobswatches.com/return-policy, which is incorporated into this Agreement by reference. Except as provided in the Return Policy or as required by applicable law, sales are final. Nothing in this Agreement limits any refund or return right that the Return Policy or applicable law provides.

8. International Customers

The Services are operated from the United States. If you access the Services or purchase from outside the United States, you do so on your own initiative and are responsible for compliance with the laws of your jurisdiction. International purchases are subject to our international shipping terms. All international buyers are responsible for any applicable VAT, taxes, duties, tariffs, and customs charges, and for shipping in the event of a customs issue or return. As stated in the Return Policy, international sales are final except as required by applicable law.

9. Third-Party Services and Links

If you enable, access, or use third-party services, your access and use of those services are governed solely by their terms and policies. We do not endorse, are not responsible or liable for, and make no representations about any aspect of those services, including their content or how they handle data (including your data) or any interaction between you and their provider. You irrevocably waive any claim against Bob's Watches with respect to third-party services, and Bob's Watches is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of them or your reliance on their privacy practices, data security processes, or other policies. You may be required to register for or log into third-party services on their platforms. By enabling a third-party service, you permit Bob's Watches to disclose your data to that service as necessary to facilitate its use.

The Services may contain links to other websites, applications, and resources, including in advertisements. These links are provided for your convenience only. We do not control and are not responsible for the content of linked resources, and a link does not imply our approval, association, sponsorship, endorsement, or affiliation unless specifically stated. If you access third-party websites linked from the Services, you do so at your own risk and subject to their terms and conditions.

10. Prohibited Uses

In addition to the other terms of this Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services, third-party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Services and to restrict your access to Content for violating any of the prohibited uses.

11. Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered, including all applications and rights to apply for and be granted such rights, rights to claim priority from such rights, and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by Bob's Watches or third parties, and all rights, titles, and interests in and to such property remain (as between the parties) solely with Bob's Watches. All trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Bob's Watches or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties and are owned by their respective owners. Your use of the Services grants you no right or license to reproduce or otherwise use any Bob's Watches or third-party trademarks.

Bob's Watches is an independent watch dealer and is not sponsored by, associated with, or affiliated with Rolex S.A., Rolex USA, or any other brand listed on the Website.

12. User Contributions and Content Standards

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment areas, reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Services.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing a User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant this license, and that all of your User Contributions comply with this Agreement. You — not Bob's Watches — are fully responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

All User Contributions must comply with all applicable federal, state, local, and international laws and regulations, and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or that otherwise conflicts with this Agreement or our Privacy Policy (https://www.bobswatches.com/privacy-policy).
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

12.1 Monitoring and Enforcement; Termination

We have the right to: remove or refuse to post any User Contribution for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe it violates this Agreement (including the content standards above), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Bob's Watches; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or right to privacy; take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and terminate or suspend your access to all or part of the Services for any or no reason, including any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS BOB'S WATCHES AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

12.2 Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us at info@bobswatches.com so that we may provide information and instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

13. Linking and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services may provide social media features that enable you to link from your own or certain third-party websites to certain content on the Services, send emails or other communications with certain content or links to certain content on the Services, or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms we provide. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, framing, deep linking, or in-line linking); link to any part of the Services other than the homepage; or otherwise take any action with respect to the materials on the Services that is inconsistent with this Agreement. The website from which you link must comply in all respects with the content standards in Section 12. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We may withdraw linking permission, and may disable any social media features and any links, at any time without notice in our discretion.

14. Privacy; Consent Preferences; Electronic Communications

Your use of the Services is also governed by our Privacy Policy, available at https://www.bobswatches.com/privacy-policy, which describes how we collect, use, and disclose personal information and the privacy rights available to residents of California and other U.S. states, and which is incorporated into this Agreement by reference.

Cookie consent. When you first visit the Website, a consent banner lets you choose whether non-essential cookies and similar technologies (including advertising and analytics technologies) may be used. You can change your choice, or opt out of the sale or sharing of personal information and of targeted advertising, at any time through the “Do Not Sell Or Share My Personal Information” link in the Website footer, or by using a recognized opt-out preference signal such as the Global Privacy Control, which we honor automatically. Privacy requests may also be submitted through the channels listed in the Privacy Policy.

Marketing communications. If you opt in to receive marketing text messages or emails, you agree to receive recurring messages from Bob's Watches at the number or address provided, including messages sent by autodialer. Consent to marketing messages is not a condition of any purchase. Message and data rates may apply and message frequency varies. Reply STOP to cancel text messages and HELP for help, or use the unsubscribe link in any marketing email. Transactional and account-related communications (such as order confirmations) are not affected by marketing opt-outs.

Electronic communications and records. By using the Services or transacting with us electronically, you consent to receive communications, agreements, disclosures, and notices from us electronically, and you agree that they satisfy any legal requirement that such communications be in writing. You may withdraw this consent, or request a paper copy of a record, by contacting us at info@bobswatches.com; withdrawing consent may limit your ability to use certain Services.

15. Security

We use commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and transaction data, including encryption of payment transactions in transit. Card payments are handled through payment processors that are required to maintain compliance with applicable payment-card industry standards. No method of transmission or storage is completely secure, and we do not guarantee absolute security; please also review the Data Security section of our Privacy Policy.

16. Disclaimer of Warranties

Except for any express warranty we provide with a product (see our Warranty page at https://www.bobswatches.com/warranty), the Services and Content are provided on an “as is” and “as available” basis, and your use of the Services and Content is at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from use of the Services, the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. Any material or data obtained through the Services is obtained at your own discretion and risk, and you are solely responsible for any damage or loss of data that results. No advice or information, whether oral or written, obtained by you from us or through the Services creates any warranty not expressly made in this Agreement.

Some jurisdictions do not allow the exclusion of, or limitations on, implied warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, the above exclusions and limitations apply only to the greatest extent permitted by applicable law.

17. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Bob's Watches, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity), however caused and under any theory of liability, including contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen them. To the maximum extent permitted by applicable law, the aggregate liability of Bob's Watches and its affiliates, officers, employees, agents, suppliers, and licensors arising out of or relating to the Services will be limited to the amounts you actually paid to Bob's Watches in the twelve (12) months preceding the first event giving rise to the liability.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other damages, so some or all of the above exclusions and limitations may not apply to you. Nothing in this Agreement excludes or limits any right or remedy you may have under the law of your state of residence that cannot lawfully be excluded or limited, and no provision of this Agreement is intended to violate any clearly established legal right of a consumer.

18. Indemnification

You agree to indemnify and hold Bob's Watches and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your User Contributions, your use of the Services, or any willful misconduct on your part.

19. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

19.1 Informal Resolution

Most concerns can be resolved quickly by contacting us at info@bobswatches.com or 1-800-494-3708. Before commencing arbitration, a party must first send the other, by certified mail, a written Notice of Dispute describing the nature and basis of the dispute, claim, or controversy (“Claim”) and the specific relief sought. Notices to us should be sent to Bob's Watches, 1900 Quail Street, Newport Beach, CA 92660. If the Claim is not resolved within 60 calendar days after the Notice is received, either party may commence arbitration.

19.2 Agreement to Arbitrate

You and Bob's Watches agree that any Claim arising out of or relating to this Agreement, the Services, or any purchase or sale transaction with us shall be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Section. The arbitrator must follow the provisions of this Agreement as a court would. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator's decision is final and binding, except as provided in the Federal Arbitration Act.

19.3 Exceptions

Either party may bring an individual Claim in small claims court (or an equivalent state court) so long as the Claim remains in that court and advances only individual relief. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual property rights.

19.4 Class Action Waiver

YOU AND BOB'S WATCHES EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE, AND THE ARBITRATOR MAY AWARD, PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

19.5 30-Day Right to Opt Out

You may opt out of this Arbitration Agreement (Sections 19.2 through 19.4) by sending written notice to info@bobswatches.com within 30 calendar days after you first accept this Agreement, stating your name and address and that you opt out of the Arbitration Agreement. Opting out will not affect any other provision of this Agreement. If you opt out, Claims will be resolved in court as described in Section 19.7.

19.6 Military Lending Act

This Arbitration Agreement does not apply to you if, as of the date of this Agreement, you are a covered borrower under the federal Military Lending Act.

19.7 Governing Law; Venue; Jury Waiver

This Agreement and any Claim are governed by the laws of the State of California, without regard to its conflict-of-law rules, and, to the extent applicable, the laws of the United States; provided that you are entitled to the benefit of any mandatory consumer-protection rules of the state or country of your primary residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. For any Claim not subject to arbitration (or if you validly opt out), such Claim shall be instituted exclusively in the federal or state courts located in Orange County, California, and you consent to the personal jurisdiction of, and venue in, those courts. To the fullest extent permitted by law, each party waives any right to a jury trial in any such proceeding.

19.8 Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19.9 Attorneys' Fees

To the full extent permitted by law, reasonable attorneys' fees and costs will be awarded to the prevailing party in any action on this Agreement, regardless of which party instituted the action.

20. Changes to These Terms

We reserve the right to modify this Agreement at any time. When we do, we will post the updated version on the Services and revise the “Last updated” date at the top of this page. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice before it takes effect — for example, by email to registered users or by a prominent notice on the Website — and material changes will apply prospectively only from their stated effective date. Continued use of the Services after the effective date of any change constitutes your acceptance of the change. The version of this Agreement in effect at the time of your purchase governs that purchase.

21. General Provisions

Severability. All rights and restrictions in this Agreement may be exercised and are applicable and binding only to the extent that they do not violate applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions or portions remain in full force and effect.

Assignment. You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which we may withhold in our sole discretion; any attempted assignment in violation of this provision is null and void. We may assign any of our rights or obligations under this Agreement, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.

Entire Agreement. This Agreement, together with the policies and supplemental terms it incorporates by reference (including the Privacy Policy, Return Policy, Seller Terms and Conditions where applicable, and the Supplemental Layaway Terms where applicable), constitutes the entire agreement between you and Bob's Watches regarding the Services and supersedes all prior or contemporaneous understandings regarding the Services.

No Waiver. Our failure to exercise or enforce any right or provision of this Agreement is not a waiver of that right or provision.

22. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following consumer rights notice: the Services are provided by CME International, LLC dba Bob's Watches, 1900 Quail Street, Newport Beach, CA 92660, telephone 1-800-494-3708. If you have a complaint regarding the Services, or wish to request further information, please contact us at the address or telephone number above, or at info@bobswatches.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Contacting Us

If you would like to contact us about this Agreement or any matter relating to it, you may do so via our contact form at https://www.bobswatches.com/contact-us, by email at info@bobswatches.com, or by phone at 1-800-494-3708.

 

Supplemental Layaway Terms

These Supplemental Layaway Terms (“Layaway Terms”) apply when you select the layaway option for a purchase from CME International, LLC dba Bob's Watches (“we,” “us,” or “our”). They supplement, and are part of, the Bob's Watches Terms and Conditions above (including Section 19, Dispute Resolution; Arbitration Agreement; Class Action Waiver) and our Return Policy, available at https://www.bobswatches.com/return-policy. By choosing to make a purchase via layaway, you (“Buyer,” “you,” or “your”) agree to be bound by these Layaway Terms. The layaway applies to your purchase of the item(s) for the total price of the cart, excluding your state's sales tax (the “Layaway”).

Layaway Program

  • Layaway is available for all residents of the United States, excluding Rhode Island, Ohio, Washington DC, and US Territories.
  • Items will be held for up to 3 months from the initial date of sale, and will be delivered to you after completion of the Layaway.
  • You will make an initial payment of twenty-five percent (25%) of the entire purchase price. The first payment is due when you enter into this Agreement.
  • The remaining payments, totaling 75% of the entire purchase price, will be collected via your online account within 90 days following the date the sale was captured. Each payment must be at least 10% of the remaining balance, except for the final payment, which may be less if it covers the remaining amount. You may make any or all payments early, within the maximum 90-day period. Once the item is paid in full in a timely fashion, the product(s) will be shipped to you within five (5) business days and you will become their owner. The products will not be shipped, and we remain their owner, unless and until full payment occurs.
  • All payments will be made by credit card in the manner set forth in these Layaway Terms.
  • The merchandise you select and order remains in our full possession, stored at our storage facility located at 1900 Quail Street, Newport Beach, CA 92660, until your Layaway purchase is completed and the merchandise is shipped to you.

Cancellation; Default; Restocking Fee

To request a cancellation, please access the cancellation link in your online account. If, after 5 days from the date you enter into this Agreement, you cancel your layaway purchase, fail to make a required payment on time, or otherwise breach these Layaway Terms, a restocking fee of 25% of the full purchase price (including sales tax) (the “Restocking Fee”) will be retained by us, with the remaining balance returned to you. Contact us if you would like to put that amount toward another item on our website. If we send you a notice of Default, this Agreement is immediately cancelled and (a) we may keep the product, in which you will no longer have any legal interest or right; and (b) we will refund your payments, less the Restocking Fee. We will refund your layaway deposit and any subsequent payments if, before the end of the stated layaway period, the goods for any reason become no longer available in the same condition as at the time of the sale to you.

NOTICE TO SHOPPER: (1) DO NOT APPROVE THIS AGREEMENT BEFORE YOU READ IT. (2) DO NOT APPROVE THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. (3) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE REMAINING LAYAWAY PLAN PAYMENTS DUE UNDER THIS AGREEMENT WITHOUT PENALTY.

Fees Imposed by Your Card Issuer

We do not impose any interest or additional charges for your use of your credit card for payments. However, you may have to pay other taxes or costs that are not imposed by us (such as internet charges, or fees and interest imposed by your card issuer, or charges imposed by customs in your country). IN PARTICULAR, PLEASE NOTE THAT YOUR CARD ISSUER MAY CHARGE INTEREST, FEES, OR OTHER CHARGES UNDER ITS AGREEMENT WITH YOU, INCLUDING LATE PAYMENT FEES, OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.

Returns

After full payment and delivery, returns, exchanges, and refunds are governed by our Return Policy at https://www.bobswatches.com/return-policy. Where the Return Policy does not provide for a refund, an exchange for store credit may be available at our discretion. Nothing in these Layaway Terms limits any right you have under the Return Policy or applicable law. Your rights to cancel the Layaway before completion are set forth in the Cancellation provisions above.

Dispute Resolution and Arbitration

THESE LAYAWAY TERMS ARE SUBJECT TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 19 OF THE TERMS AND CONDITIONS, WHICH HAS A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU: (1) OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.5; OR (2) ARE PROTECTED BY THE MILITARY LENDING ACT. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. By checking the box in the Layaway option, you consent to those arbitration terms. If you would like more information about whether you are covered by the Military Lending Act, please contact our service provider at 1 (844) 775-4848.

Assignment

You are hereby notified and agree that we may transfer, sell, or assign this Agreement, the Layaway payment amounts, or any associated rights to a third party without further notification to you. If we do so, this Agreement will remain in effect and will be binding on and inure to the benefit of our assigns. You may not transfer your rights under these Layaway Terms, and any attempt to do so is void.

Governing Law; Severability

These Layaway Terms (and our dealings prior to this Agreement being made) are governed by federal law and, to the extent not preempted, the laws of the State of California; provided that you are entitled to the benefit of any mandatory consumer-protection rules of the jurisdiction of your primary residence. If any provision of these Layaway Terms or portion thereof is held unenforceable, that determination will not affect the remainder of these Layaway Terms.

Indemnity and Limitation of Liability

You agree to indemnify, defend, and hold us, our service providers, and our respective agents, officers, directors, employees, and assigns (collectively, the “Indemnified Parties”) harmless from and against any liability, including reasonable attorneys' fees and costs, related to these Layaway Terms, except to the extent caused by our own breach or misconduct. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing these Layaway Terms, and does not limit any right or remedy that cannot lawfully be limited. This provision survives termination of these Layaway Terms.

Using Your Information

Our collection, use, and disclosure of your personal information in connection with your Layaway purchase are governed by our Privacy Policy, available at https://www.bobswatches.com/privacy-policy. We may share information about our transactions and interactions with you with affiliated companies and with unaffiliated third parties in connection with providing this service to you, including fraud detection services. To exercise your privacy rights — including opting out of the sale or sharing of your personal information — use the “Do Not Sell Or Share My Personal Information” link in the Website footer or the request channels listed in the Privacy Policy.

Communications

You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment, and services needed to access information about this Agreement or your payment method; to view, save, and/or print your account documents online; to receive any messages or documents you have consented to receive electronically pursuant to Section 14 of the Terms and Conditions; and for paying all related charges. Some communications between you and us or our affiliates, agents, assigns, and service providers may be monitored and recorded, and by completing this transaction you consent to that monitoring and recording. You agree that we and our service providers may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless numbers that could result in charges to you, and that such calls or messages may use pre-recorded or artificial voice messages and/or automatic telephone dialing systems. Your consent may be revoked at any time and by any reasonable means. We may also send emails to you at any email address you provide or use other electronic means of communication to the extent permitted by law. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service, or answering machine, and we will not consider SMS/text or fax to be written notice where this Agreement or applicable law requires written notice. You must notify us promptly of any changes to your email address, phone number, mailing address, or other contact information by using your online account or by emailing sales@bobswatches.com.

Entire Agreement; Support

To protect you (as the buyer) and us (as the seller) from misunderstanding or disappointment, you and we acknowledge and agree that these Layaway Terms, together with the Terms and Conditions and the documents they incorporate, are a final expression of the agreement between you and us regarding the Layaway and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements. The terms of these Layaway Terms may not be changed except in a writing signed by you and us. You acknowledge that you had a reasonable opportunity to examine these Layaway Terms and that a legible and complete copy was made available to you on our website when you entered into this Agreement. You may obtain information about your Agreement through your online account or by contacting sales@bobswatches.com.