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Terms & Conditions

TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.itsmytime.co.in.

In the terms and conditions set forth below (the "Terms and Conditions"), the terms "you" and "your" refer to, as applicable, (i) the person or persons sending a watch or other item or items containing gold, platinum, silver, titanium, other precious metals, gemstones (including but not limited to diamonds, rubies, sapphires and emeralds), or any combination thereof (hereinafter referred to as "Merchandise") to It's My Time,  ("It's My Time") for sale to, and purchase by, It's My Time or a third-party purchaser (referred to herein as a "Third-Party Purchaser"), for whom It's My Time will act as a facilitator of such sale and purchase or using Itsmytime.co.in (the "Site"), (ii) the person or persons purchasing a watch or other Merchandise from It's My Time or a third-party seller (referred to herein as a "Third-Party Seller"), for whom It's My Time will act as a facilitator of such sale (each such purchase or sale transaction hereinafter referred to as "Transaction") or (iii) the person or persons using the Site. "We," "our," and "us" refer to It's My Time and its successors and assigns.

These Terms and Conditions are binding on every It's My Time customer and shall apply to all business dealings between you and It's My Time, and any Third-Party Purchaser and Third-Party Seller, including, but not limited to, your use of the Site, the Transaction, and any other services provided to you by It's My Time. You hereby make representations and warranties to It's My Time (regardless of whether a Transaction is consummated and whether It's My Time is the purchaser or seller of the Merchandise) and any Third-Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise) or Third-Party Seller (if a Third-Party Seller is the purchaser of the Merchandise), and agree to the terms and conditions, in each case as set forth in the Terms and Conditions, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from It's My Time

Terms Applicable to the Purchase of Merchandise

The following terms and conditions govern any Transaction relating to the purchase, or attempted purchase, of Merchandise by It's My Time or a Third Party Purchaser.

Ownership of Merchandise

If you are attempting to sell Merchandise, you hereby represent and warrant to It's My Time and any Third-Party Purchaser that (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise offered to be sold to It's My Time; (v) you are acting on your own behalf, and not as another's agent or representative; (vi) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth, cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful, toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (ix) any transaction initiated by you will not cause It's My Time to be in violation of any anti-money laundering, anti-terrorism, or other applicables law/s in India and any of its state or any foreign country; and (x) It's My Time reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for It's My Time to comply with local, and Central law/s (which includes It's My Time reporting all Merchandise received to the proper authorities as required by applicable law.)

Describing your Merchandise

You hereby agree that any description of the Merchandise that you provide to us, whether on the packing slip included in the shipping materials or otherwise, will be true, complete, and accurate at the time you submit such description to us. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described by you and the Merchandise we receive, or if no description of the Merchandise was included in the Shipping Package or other package used by you to ship the Merchandise, we may suspend or terminate the Transaction without notice to you. Notwithstanding anything in these Terms and Conditions to the contrary, in the event that we terminate the Transaction because the Merchandise shipped by you is determined by It's My Time, in our sole discretion, to have an altered/mutilated serial number or to be a counterfeit or a replica copy, we will notify you in writing and will ship your Merchandise to you, at your cost, within 5 business days of our receipt of your shipping instructions and payment therefore (if a valid account number with the designated shipper is not provided); provided, however, that you hereby agree that It's My Time may dispose of the Merchandise if we do not receive shipping instructions and payment for all shipping costs from you within 30 days of the date on which It's My Time sends you written notice that the Transaction has been terminated. In the event that It's My Time terminates the Transaction for any other breach of the representations and warranties made by you in connection with your description of the Merchandise, It's My Time will ship your Merchandise to you within 5 business days at your cost by the Shipper shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to INR 5,000.

Inbound Shipping; Costs

You can send us a request to have your merchandise picked up from you at your convenient time through our logistics partner Delhivery, at our cost. Alternately you can choose to send us the merchandise through your preferred Courier Company.

Receipt of Merchandise
We videotape the opening and the contents of each package of Merchandise we receive. We will retain the video for 10 days after we receive your Merchandise. You may make arrangements with us to order a copy of the video for an additional fee. We reserve the right, at our sole discretion and without notice to you, to reject any inbound package. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us.

Determining Our Offer

We will determine our estimate of the value of your Merchandise using factors that we deem to be appropriate. In order to value your Merchandise, we may need to open the watch and remove gemstones and other items from the watch. You hereby authorize us to open the watch, remove gemstones and other items from the watch, and take such other actions as we deem reasonably necessary to accurately value your Merchandise, including without limitation sending your Merchandise, at no cost to you, to a potential Third-Party Purchaser. You hereby further authorize us to perform our standard preparation service (which may consist of cleaning, basic repairs (as we deem appropriate), accuracy calibration, lubrication and pressure testing), and to photograph your Merchandise. You hereby authorize us to communicate with any potential Third-Party Purchaser regarding you and your Merchandise and to disclose all information provided to or obtained by us relating to you and/or your Merchandise to any potential Third-Party Purchaser. Upon processing your Merchandise, we will notify you by email (an "Offer Notice") of our offer or of an offer from a potential Third-Party Purchaser of payment for your Merchandise ("Offer"). If you have selected our Market Place ("Market Place"), you hereby acknowledge and agree that (i) It's My Time will be entitled to such fees as stated in the Offer, at our then current rates or at such other rate as agreed to by It's My Time in writing (regardless of whether It's My Time or a Third Party Purchaser purchases the Merchandise from you), and (ii) that these fees will be deducted from any amounts received by us from a Third-Party Purchaser prior to transmitting any funds to you.

When presenting you with a Market Place, It's My Time may present to you a range ("Estimate") for which it believes it will sell your watch. The average of the Estimate is known as the Reserve. By agreeing to the Market Place, you agree to allow It's My Time to sell your watch, absent any further permission or correspondence with you, for at least amount of the Reserve. Any fees owed to It's My Time will then be deducted from this amount.

Accepting or Rejecting Our Offer

You may accept the Offer by replying to the email containing the Offer Notice (as instructed in the Offer Notice) or by not replying to us in any way within 48 hours after we send you an Offer Notice. In order to reject the Offer, you must decline the Offer within 48 hours after we send you an Offer Notice by replying to the email containing the Offer Notice in compliance with the procedures stated in the Offer Notice. If you decline the Offer within the time frame set forth above, and do not authorize us to hold your Merchandise for a longer period in order to make you another offer, then we will ship your Merchandise to you at the address indicated in our records within 5 business days at no cost to you, and will insure your Merchandise for full value of the Offer. All Quotes are valid for 48 hours but can be extended at the sole discretion of It's My Time. IF YOU HAVE NOT DECLINED OUR OFFER WITHIN THE TIME FRAME SET FORTH ABOVE, THEN YOU WILL BE DEEMED TO HAVE ACCEPTED THE OFFER. Notwithstanding the foregoing, by selecting our Market Place, you thereby authorize us to hold your Merchandise for up to sixty (60) days. After sixty (60) days, It's My Time may determine that market conditions have changed and seek agreement with you on a price reduction. If you decline the price reduction and would like It's My Time to return your Merchandise, It's My Time will return your Merchandise based on the shipping address that is provided by you. You are solely responsible for the return shipping costs and insurance. It's My Time is not liable for any damage in transit.

 

Payment for Your Merchandise

We will issue payment for the Merchandise in the amount stated in the Offer, less any fees owed to It's My Time as stated in the Offer (the "Purchase Price"), via the method of payment you previously selected at the address you provided on your package that you sent to us within the later of (i) 5 business days of your acceptance of the Offer or (ii) 15 days following our receipt of available funds from a Third Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise). Alternatively, if you did not previously select a method of payment on your package, then payment of the Purchase Price shall be made via It's My Time cheque by DELHIVERY and couriered to you at the address listed in our records within the later of (i) 5 business days of your acceptance of the Offer or (ii) 15 days following our receipt of funds from a Third Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise). 

THE 50-100 MONEY GAURANTEE CONSIGNMENT PROGRAM

50% ADVANCE PAYMENT WITHIN 50 HRS – BALANCE ON THE 100TH DAY CONSIGNMENT PROGRAM

1. How does our 50% advance consignment program work? What is the benefit of consignment?

It is certainly money for you. Upon mutually agreeing on the sale price of the watch to us, we transfer 50% of the agreed amount within 50 hours (2 working days) of receiving your watch and the remaining 50% will be transferred on the 100th day of us receiving the watch. Also that we agree on a price at the outset so there is no ambiguity of how much you will receive in the end. We do not charge any percentages or any fees. The price we agree upon is the price you get.

BENEFITS

A) We insure every watch that we buy/sell hence affording you the best protection available.

B) We never sell any watch that is not in mint condition, so at our cost we will repair/restore your watch before it goes live on our portal.

C) Quickest conversion rate in the industry! Our success rate is impressive: over 85% of merchandise is sold within 100 days.

D) We intensely and aggressively market your watch.

E)      Cost to you for all the above mentioned services is NIL.  All costs of selling your item are paid by us. No photo fees, no insurance fees, no shipping fees, no repair fees, and no commissions.

It’s indeed the best consignment program.

2. How long does the process take?

In our 50% Advance consignment program, once you send us the images of the watch we offer you our non-binding estimates.  Once we receive the watch and do a physical inspection,  we  email you consignment documents along with a price confirmation.  Upon receiving your agreement on the consignment pricing we make the payment of 50% of the agreed value thus completing the advance payment within 50 hrs of receiving the watch. The balance 50% will paid on the 100th day even if we have not been able to sell your watch by then.

3. Will we provide an exact price before seeing an item?

No. There are many variable factors that affect value. It’s My Time must inspect each item first hand to formulate our offer. We are willing to offer general non-binding estimates on most items based on description you provide and/or digital images.

ALL SALES FINAL

ALL SALES ARE FINAL. NO REFUNDS, RETURNS OR CREDITS ARE PERMITTED. If you have elected to receive the Purchase Price by cheque, the transaction is final once It's My Time has sent a cheque to the address you provided. 

 

Returned Merchandise Outbound Insurance, Costs

In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the Shipper shipping method of our choosing at our expense, and will purchase insurance coverage through the Shipper for the Merchandise for the full value of the rejected Offer. If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with Shipper and pay you the full amount received by us from the Shipper.

 

Costs FOR CUSTOMERS OUTSIDE OF INDIA - (ANY COUNTRY APART FROM INDIA)

PLEASE NOTE THE VALUE PAID IS ONLY FOR THAT OF THE PRODUCT (WATCH) AND WE DO NOT TAKE ANY RESPONSIBILITY FOR THE CUSTOMS DUTY THAT MAY BE LEVIED WHEN THE PRODUCT REACHES THE RESPECTIVE COUNTRY FROM WHERE THE ORDER HAS BEEN PLACED. ANY CUSTOMS DUTY OR SURCHARGE TO BE PAID WILL BE THE RESPONSIBILITY OF THE CUSTOMER. 

Terms Applicable to the Sale of Merchandise

The following terms and conditions govern any Transaction relating to the sale, or attempted sale, of Merchandise by It's My Time or a Third Party Seller.
Insurance and Risk of Loss
All items purchased from It's My Time or a Third-Party Seller are insured while being shipped to you. The merchandise is insured for the Invoice value.

 

Returns, Refunds and Title

All sales are final. We do not accept any returns.

 

Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free.

Pricing

Price for Merchandise sold by us are subject to change at any time, without notice.  With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Third-Party Sellers may follow different policies in the event of a mispriced item. It's My Time reserves the rights to accept or reject any order without assigning any reasons. In case payment has been made by the buyer, whether pre-owned / new, the same will be reversed within a maximum of 10 working days.

Other Businesses

Third-Party Sellers, other than It's My Time, also list Merchandise for sale on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. It's My Time does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

Accuracy of Billing and Account Information

We reserve the right 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete and accurate purchase and account information for all purchases made from us or a Third-Party Seller. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Terms Applicable to All Transactions.

Your Account

If you establish an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It's My Time may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Rules Governing Your Use of the Site

You are entirely responsible for any harm resulting from your use of the Site. It's My Time does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site. 
You represent and warrant that: (i) you will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; (ii) you will not access the Site through the use of scripts, bots or other automated means; (iii) you will not access the Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, the Site unless otherwise specifically authorized by us in a separate written agreement; (iv) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site; (v) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (vi) you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property (as defined in "Our Intellectual Property Rights" below) or enforce limitations on use of the Site or the Materials on the Site; and (vii) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. 
Except where noted otherwise, the list price, estimated retail price, suggested retail price, or similar price information displayed for Merchandise represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. These prices are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.  We make no representations or warranties as to accuracy or completeness of any pricing or other information included in this Site, and you should not rely on this information.  Actual retail prices may vary greatly from those shown in this site.  We reserve the right to modify any information from time to time without notice, including, but not limited to, information regarding prices, models, and specifications. We do not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this site, including the estimated retail prices. 
Where an item is offered for sale by a Third-Party Seller, the list price, estimated retail price, suggested retail price, or similar price information is provided by the Third-Party Seller.

You agree that it is your responsibility to monitor changes to our site.

Our Intellectual Property Rights

It's My Time is the trademark and service mark of It's My Time. Other company, product, and service names and logos used and displayed via the website maybe trademark or service marks of their respective owners who may or may not endorse or be affiliated or connected to It's My Time. Nothing in these terms should be construed as granting, by implication, estoppels, or otherwise any license or right to use any of It's My Time Trademarks displayed on the website, without It's My Time prior written permission in each instance.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content including It's My Time Trademarks available on or through the Website for commercial or public purposes.
It's My Time will not be liable for any claim against any logo or intellectual property rights of any third party in relation to the brands of the Products listed on the website and any such infringing content may be removed by It's My Time at its sole discretion.

Electronic Signature

FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE It's My Time GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.

 

Limitation of Liability


EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 

EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, It's My Time DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY
It's My Time TO YOU, INCLUDING ANY CLEANING, MAINTENANCE OR REPAIR OF YOUR MERCHANDISE.

IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US  SHALL NOT EXCEED  INR 10,000 PER TRANSACTION

 

YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTIONS, THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY It's My Time TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

Miscellaneous

You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST It's My Time ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL FIRST BE RESOLVED BY THE PARTIES THROUGH NEGOTIATIONS, FAILING WHICH SUCH DISPUTES / DIFFERENCES SHALL BE REFERRED TO ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996. SUCH ARBITRATION PROCEEDINGS SHALL BE IN ENGLISH AND WILL BE HELD AT BENGALURU SUBJECT TO THE JURISDICTION OF THE COURTS OF BENGALURU. THE GOVERNING LAW OF THIS CONTRACT SHALL BE SUBSTANTIVE LAWS OF INDIA. THE AWARD PASSED BY THE ARBITRATOR/S IN PURSUANCE OF SUCH ARBITRATION PROCEEDINGS SHALL BE BINDING UPON PARTIES HERETO. You expressly agree that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys' fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award consequential, punitive, speculative, indirect, incidental, special, or exemplary damages.

In the event that any provision hereof is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms. It is expressly understood and agreed that each provision of these Terms and Conditions that provides for a disclaimer of warranties, limitation on liability, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such. The failure of a party to enforce any applicable provision of these Terms and Conditions, or to require at any time performance by the other party of any provision or obligation hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of these Terms and Conditions or any part hereof, or the right of such waiving party.

** Terms and Conditions are subject to change.