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TERMS OF USE


The following terms and conditions ("Terms of Use") govern your use of the Xetum LLC web site (the "Site") and the materials accessible on or from the Site.  PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.


1. Copyright

The content of the Site, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Xetum LLC (“Xetum”) and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Xetum, except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.


2. Trademark

Xetum is among the trademarks (and pending trademarks), service marks, and/or registered trademarks of Xetum in the United States and in other countries. Xetum's trademarks (and pending trademarks) may be reproduced or used only with Xetum's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.


3. Links

The Site may contain links to other Web sites operated by third parties. Xetum is not responsible for the content or the privacy practices of those third party Web sites. Xetum makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the Site. Xetum provides these links for your convenience only and Xetum does not control such Web sites. Xetum's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.


4. Submissions

You agree that any materials, including but not limited to: questions, comments, suggestions, ideas, product reviews/ratings/photographs/videos, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Xetum are non-confidential and you grant to Xetum a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Xetum's sole discretion and without compensation to you. You also grant to Xetum the right to use your name and/or your city, state and country in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Xetum has no obligation to use any submitted materials and may remove any such materials in its sole discretion.


5.  Privacy

To obtain information about how Xetum handles information collected by Xetum in connection with its operation of the Site, please refer to the Xetum web site Privacy Policy.


6. Disclaimer of Warranties

THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY XETUM ON AN "AS IS" AND "AS AVAILABLE" BASIS. XETUM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XETUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. XETUM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


7. Limitation of Liability

IN NO EVENT SHALL XETUM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XETUM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XETUM'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


8. Changes to Site

Xetum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Xetum will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.


9. Changes to Terms of Use

Xetum reserves the right to change or modify without notice any of the Terms of Use at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site. Any changes or modifications will be effective upon posting of the new Terms of Use on the Site as revised. Your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.


10. Applicable Law and Jurisdiction

This agreement shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in San Francisco County, California, for all claims arising out of or relating to this agreement.


11. General Provisions

You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and Xetum. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.


Last updated November 2, 2009



TERMS OF SALE



General Terms of Sale


1. Prices, descriptions and availability of products are subject to change without notice. Xetum is committed to providing current and accurate information on our web sites, email, telephone and other communications. We do not, however, warrant that this information is always correct, accurate or complete, and system and typographical errors may sometimes occur. We will correct errors that we discover, and we reserve the right to revoke any offer and to correct any errors (including, but not limited to pricing errors, errors in the item description or availability errors), even after the order has been submitted and regardless of whether the order has been confirmed and your credit card charged. In the event a product is listed or sold at an incorrect price, Xetum shall have the right to refuse or cancel any orders placed for products listed or sold at the incorrect price. Xetum shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase (but the product has not yet shipped) and your order is canceled, Xetum shall issue a credit to your credit card account in the amount of the charge.


2. The sole remedy of a customer acting on incorrect information from Xetum is to request a cancellation of the order placed as a result of this incorrect information.


3. Xetum reserves the right to reject or cancel any order for any reason at any time. Xetum also reserves the right to limit quantities of any order for any reason at any time. The customer's sole remedy in such cases will be a refund of any funds that we have collected in reference to the rejected or canceled order (or portion thereof).


4. Xetum may from time to time offer promotions on its products. These promotions are offered at Xetum's sole discretion, and Xetum reserves the right to modify the terms and conditions, or terminate any of these promotions at any time and without prior notice.


5. By purchasing from or submitting an order to Xetum, you agree that all claims arising out of or relating to your purchase / order will be heard and determined exclusively by the Superior Court of the State of California for San Francisco County or the United States District Court for the Northern District of California, San Francisco Division.


6. If any provision of these General Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to render it valid and enforceable, and the remainder of these General Terms of Sale will remain in full force and effect.


Last updated November 24, 2012



2-year limited warranty


Each Xetum Swiss automatic watch is carefully crafted using high caliber components. Xetum offers a 2-year limited warranty from the date of purchase against defects in materials and workmanship in your Xetum watch under normal use.


How long the warranty lasts

The Xetum limited warranty runs for two years from the date of retail purchase by the original end-user purchaser (the “Warranty Period”).


What the warranty covers and does not cover

The Xetum limited warranty covers the watch movement, case, strap and buckle against defects in materials and workmanship. The limited warranty DOES NOT cover:


• Damage from accidents, misuse or abuse, negligence, or external causes such as fire or flood

• Damage due to having the crown open / unscrewed while the watch is exposed to water

• Loss due to theft

• Normal wear and tear (scratching and wear of PVD coatings over time is considered normal wear and tear, and is not covered under this warranty)

• Watches not originally purchased from Xetum or an authorized Xetum retailer

• Damage resulting from any alteration, service or repair performed by any party other than Xetum or a Xetum authorized service center

• Watch packaging

• Damage occurring outside the Warranty Period

IMPORTANT: Do not open the watch case. Opening the watch case may cause damage that is not covered by this warranty. Only Xetum or a Xetum authorized service provider should perform service on your watch.


Who the warranty protects

This warranty applies only to the original purchaser of the watch (or, if the watch was purchased as a gift, the original recipient) and may not be transferred.


How to obtain warranty service:

1. File a Warranty Service Request with our Customer Service department. Before shipping your watch for servicing, you must contact our Customer Service department at [email protected] or 800.385.6238 to file a Warranty Service Request. When you file the Warranty Service Request, Xetum provides you with documentation that must accompany your watch in order to ensure it is properly tracked during the warranty service process.

2. Securely pack and ship your watch. Warranty service can be performed only by Xetum or a Xetum authorized service center. To obtain the location of an authorized service center, please contact our Customer Service department at [email protected] or 800.385.6238. Please pack your watch securely, either in the original shipping package or a similar package affording an equal degree of protection, and make sure it is accompanied by the Warranty Service Request and a copy of the original purchase receipt. You are responsible for shipping costs to Xetum for warranty requests, as well as any loss or damage that occurs during shipping. Accordingly, we recommend that you obtain appropriate insurance on the shipment and require a signature for delivery.


What Xetum will do

When we receive your watch, we will inspect it to determine whether it is eligible for warranty coverage. If a defect arises in the watch movement, case, strap or buckle, and a valid claim is received during the Warranty Period, then Xetum will, at its option and to the extent permitted by law, either repair the defect at no charge, replace the watch, or refund the purchase price of the watch. If Xetum determines that your watch is not eligible for warranty service, we will contact you to make arrangements for returning your watch to you at your expense. If your watch is not eligible for warranty coverage but we reasonably believe it can be repaired, we may, at our option, offer to service your watch for a specified fee.


Limitation of Damages and Implied Warranties

Your remedies under this limited warranty are limited to repair or replacement of the product or components of the product, or refund of the purchase price, as set forth in the section titled “What Xetum will do.” No Xetum employee, agent, distributor or reseller is authorized to make any modification, addition to or extension of this warranty.


TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, XETUM SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF XETUM CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR, REPLACEMENT OR REFUND AS DETERMINED BY XETUM IN ITS SOLE DISCRETION. Some countries, states and provinces do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.


TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL XETUM, LLC OR ANY OF ITS RETAILERS, DEALERS, DISTRIBUTORS, RESELLERS OR OTHER AUTHORIZED AGENTS BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THE PRODUCT (INCLUDING ANY REPAIRED OR REPLACEMENT PRODUCT OR COMPONENT) OR ITS USE. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may have other rights which vary by country, state or province.


Last updated October 16, 2012



30 day return policy


At Xetum, your satisfaction is very important to us. To help ensure your satisfaction, Xetum offers a 30 day return policy on watches and watch straps/bracelets purchased directly from Xetum. If you are not completely satisfied with your purchase, you can return Xetum products in new, unworn condition within 30 days for a refund, provided you meet the following conditions:


• Watches and straps/bracelets that show any signs of wear, use or damage are not eligible for return.

• Steel bracelet watches (or spare bracelets) that have had links added or removed are not eligible for return.

• This return policy only applies to purchases made directly from Xetum. For purchases made from a 3rd party retailer, please contact that retailer directly for their returns policy.

• To be eligible for a refund, you must ship your product to Xetum within 30 days of the date when the product was originally shipped to you.

• All original materials included with your timepiece (including the box, manuals and cards) must be included.

• Your product must be accompanied by proof of purchase and by a return materials authorization (RMA). The process for obtaining a valid RMA is described below, as is what constitutes adequate proof or purchase.

• Products that have been altered, serviced or repaired by anyone other than Xetum or an authorized Xetum service center are not eligible for a refund.


How to return your Xetum purchase

1. Obtain a Return Materials Authorization (RMA) If you are not satisfied with your Xetum Swiss automatic watch or strap/bracelet and wish to return it, please contact Xetum at [email protected] or at 800.385.6238 to receive a return materials authorization (RMA). Please print a copy of the RMA and include it in the box when returning your timepiece to Xetum. Products must be accompanied by a valid RMA and proof of purchase in order to be eligible for a refund. A copy of your original invoice showing your name, address (or location of purchase), the product(s) purchased, price paid and purchase date constitutes a valid proof of purchase.


2. Pack your product securely and ship it to Xetum. For your protection, please ship your product to Xetum via insured carrier with shipment tracking and signature required for delivery. Please also pack your watch securely prior to shipping so that it will not be damaged during return shipping. Xetum is not liable for loss or damage that occurs to products during return shipping. Customers outside the United States are responsible for paying return shipping costs. If you have any questions about packing safely for shipping, please contact our Customer Service department at [email protected] or at 800.385.6238.


3. Xetum will determine whether your product is eligible for return. Once we receive your returned watch / strap / bracelet, we will inspect and test it to determine whether it qualifies for a refund. If the return is approved, we will refund the purchase price and sales tax (if any was collected by Xetum), less the shipping costs associated with your order. If Xetum determines that your watch is not eligible for return, we will contact you to make arrangements for returning your watch to you at your expense. We may also, in our discretion, offer a partial refund if we determine that your watch / strap / bracelet is not eligible for return.


Note on shipments outside the United States: When your Xetum purchase is shipped to you, or when you ship a product to Xetum under our return policy, the customs office (or other authorities) in the sending country and/or destination country may separately apply export or import duties, customs fees and/or other duties, fees, taxes and charges. You are solely responsible for payment of these duties, fees, taxes and charges (whether you keep or return your purchase), and you agree to fully reimburse Xetum if for any reason it becomes obligated to pay any of these amounts on your behalf.


Providing an exceptional customer experience is our goal. If you have any questions about our policies, our Swiss automatic watch collection or anything else about Xetum, please contact us at [email protected] or at 800.385.6238.


Last updated November 18, 2013



Free U.S. Watch Shipping Terms and Conditions


Purchase a Xetum watch from xetum.com and receive free 2-day UPS or Fedex shipping to qualifying United States destinations. If you would like to return your watch under our 30-day return policy, Xetum will provide you with a prepaid return shipping label for returning your watch. Free 2-day shipping and free return shipping applies only to watch purchases. Strap, buckle or other accessory purchases are not eligible. Free shipping and free return shipping applies only to U.S. delivery addresses in the 50 states, including Alaska and Hawaii. Shipments to countries outside the United States are not eligible. APO/FPO addresses are not eligible, and deliveries to U.S. territories and protectorates are not eligible. Same-day, next-day and weekend delivery are not available in connection with free shipping. Please note that Xetum does not ship to PO boxes. If a product that ships with free shipping is returned, shipping costs may be deducted from your refund amount. For other details on returns, please see Xetum's return policy


Xetum reserves the right to change these Free U.S. Watch Shipping Terms and Conditions, or modify or end this offer, at any time, and without notice.


Last updated September 21, 2011

Free international shipping