TERMS AND CONDITIONS

By accessing or using this website, and by placing an order through this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. General

1.1. These Terms and Conditions (“Terms”) are applicable to all users of https://aviandco.com/ (the “Website”) and online customers (“you” or the “customer”) of Avi & Co NY Corp., a New York corporation doing business as Avi & Co. (“Avi & Co.” “we” or “us”).   These Terms govern the use of the Website and the offering, sale and delivery of all of products by Avi & Co. (the “Product(s)”) made through the Website.  The Terms will be valid for all future online transactions with Avi & Co. and visits to the Website and are not related to any other sale terms applied in retail stores or third-party websites.  We reserve the right to revise these Terms from time to time.  The date of the last update to the Terms is contained at the end of the Terms.  You are responsible for keeping updated with the changes in Terms that we post.

1.2. Avi & Co. is not an authorized dealer or licensor of any of the Products we sell.  We do not claim any rights to the trademarks, copyrights, patents or any other intellectual property subsisting in the Products, which belong solely to their developers or assignees and licensees.  We obtain our Products from reputable sources who deal directly with authorized dealers and distributors, and who have certified that they have authority to resell the Products to us for resale to you.  Our experts check the authenticity of each Product.

The Products we sell come in either “unworn” or “unused” condition, meaning that although they are not new, they have not been used or worn by individuals. Other Products we sell are “previously owned” meaning they have been owned by individuals or companies in the past and possibly worn.  Avi & Co. will indicate the product’s condition on the product listing.  Avi & Co. makes no representations and disclaims all liability in connection with any manufacturer or reseller warranties, terms and conditions, guarantees or assurances.  Avi & Co. is not an agent or representative of the manufacturer, any distributor or reseller or the customer. Any warranties offered by Avi & Co. are strictly limited to our own warranty terms.

The Products are intended solely for the individual use by you.  The Website is directed exclusively to sale of luxury watches and other products to private individuals.  You may not use the Products for commercial re-sale or any other commercial purpose.  Any re-sale, distribution, or commercial dissemination of Avi & Co. Products purchased through the Website is strictly prohibited and you hereby acknowledge, agree, and represent and warrant that you will not make any such commercial use of the Products.  Avi & Co. reserves the right, with or without notice, to cancel or reduce the quantity of any Products you order if we believe that this is done in violation of the foregoing prohibition or any other Terms herein.

1.3. Avi & Co. does not promise nor guarantee the accuracy of any content contained on the Website, including without limitation, product descriptions.  Although we strive to be accurate, the Website may contain content which is incorrect, incomplete, or not current, and may contain technical inaccuracies or typographical errors.  Avi & Co. assumes no responsibility -- and expressly disclaims all responsibility and liability relating to the information and content found on or accessed through the Website. We may, at any time, change the content of the Website and the Products available on the website.  Though we strive to display correct text, images, and prices, the website may contain inaccuracies, may not be up to date, and errors may occur.

 

2. Prices

2.1. Prices contained on the Website are in U.S. dollars, and exclude shipping and delivery costs and sales tax or any applicable federal, state or foreign taxes, duties, levies or charges in any jurisdiction throughout the world related to the Products or the delivery thereof (collectively referred to as “Taxes”).  Payment of all Taxes is the sole responsibility of you as the customer.

2.2. You shall also be solely responsible for any unforeseen costs incurred because of missing, incomplete or inaccurate information, instructions, or documentation you provide to Avi & Co.

2.3. You will be charged the prices for the Products displayed on the Website at the time your order was placed and confirmed, provided that the Products are available for purchase at this time. We reserve the right and absolute discretion to change the prices of the Products at any time without notice.  Such changes will not affect orders placed by you with respect to which we have already provided you with an order confirmation.

2.4. Unless explicitly stated otherwise, discounts, coupons, and promotional codes offered on the Website are valid only for use as part of a purchase made though the Website.

2.5. If you have been charged the wrong amount when placing an order through the Website, you are required to notify us of the error immediately.  In the event of such error, we will either cancel the incorrect order and place a new order with the correct amount or refund you the amount by which you have been overcharged.

 

3. Order and Acknowledgement

3.1. Online orders can only be placed directly though the Website or through authorized dealers of Avi & Co.

3.2. Product orders are not binding until accepted by Avi & Co. by a purchase confirmation issued by us to you. Avi & Co. has the right at its sole discretion to refuse or reject an order without prior notice or reason.

3.3. Certain Products are available in limited quantities and may not be available at the time of the order.  We therefore do not guarantee the availability of any Product for purchase on the Website or otherwise, nor that any items featured on the Website will be in stock.  We will notify you if the Product you have ordered is no longer available or out of stock during or after you have placed your order.  Avi & Co. is not responsible for the unavailability of any products.

3.4. By pacing your order, you accept the Terms without restrictions or reservations.  Once you place your order on the Website, Avi & Co. will send you an acknowledgement of receipt of the order.  The acknowledgement of receipt of the order does not in any way constitute a confirmation of the purchase, availability of the Products ordered, nor validation of payment for the order.  Your receipt of the acknowledgement of the order does not mean that your order has been accepted by Avi & Co. Your order constitutes an offer to us to buy Products.

3.5. All orders are subject to acceptance by us, and the sale will only be considered final after a separate confirmation of the purchase has been provided to you by Avi & Co., specifying that the Products have been or will be dispatched.   You will be charged for the Products dispatched or shipped, along with the applicable delivery costs and Taxes. A purchase agreement for the Products is formed when we send you the confirmation of purchase, which will relate only to those Products whose shipment we have confirmed. We are not obliged to supply any other Products other than those whose shipment has been confirmed by us.

3.6. If we are unable to get in touch with you when we need to in connection with any order, we reserve the right to automatically cancel such order.

 

4. Shipment and Delivery

4.1. You may choose from the shipping methods provided on the Website at the costs to you quoted on the Website.  Shipping costs are subject to change.  Currently, we offer free shipping on certain Products which may be subject to change at any time in our sole discretion.

4.2. Any delivery dates and times provided by Avi & Co. are estimates only and are not intended as actual or exact representations of delivery times.  In no event shall Avi & Co. be liable for any delay in delivery. Delay in delivery of any Products shall not relieve you of your obligation to accept the Products nor for payment for the Products.  Deviations in quantity of Products delivered from that stated in our purchase confirmation shall not give you the right to reject delivery of the Products. You are obligated to pay the rate contained in the purchase confirmation for the quantity of Products delivered.

4.3. The Products will be shipped to the address provided by you when the order is placed.  It is your responsibility to provide an accurate shipping address.  It is also your responsibility to check the condition of the packaging and the contents of the order upon receipt of the Products and to advise the carrier if the order appears to have been opened or damaged.  Your signature or receipt of the package without such notification to the carrier at the time of delivery is deemed to signify your acceptance of the order.  You acknowledge that Avi & Co. will not in any case be held responsible for any deterioration in the quality of the Products and their packaging due to shipment.

 

5. Payment Method

Payment for Products is made exclusively by credit card or wire transfer at the time the order is placed. Our website provides the credit cards accepted by Avi & Co., which may be subject to change.  We also feature an option where you can apply for credit through a third-party Affirm for payment of the Products, in which case you will be redirected to Affirm to securely complete your purchase. We are not responsible for your interaction with Affirm, and the accuracy and proper processing of your payment with Affirm, which is solely controlled by Affirm.

6. Cancellation, Returns & Exchanges

6.1. Any request to cancel an order must be made before dispatch of the Products. You must notify the Customer Service Department of Avi & Co. of your cancellation by e-mail to sales@aviandco.com

6.2. If the Products you receive are defective or damaged, you must immediately inform Avi & Co. and obtain our authorization prior to returning any Products. We will issue you a refund for Products that are damaged because of production or allow you to exchange the Products for other Products.  Neither Taxes nor shipping costs will not be refunded.  If the Products arrive to you damaged, you are required to immediately notify us and provide details of the damage. You must retain any packaging in which the Products were shipped to qualify for a return or replacement.  Avi & Co. can take no responsibility for loss or damage to an item once you have signed for the package upon delivery by the courier. It is therefore your sole responsibility to ensure that all packaging is intact and undamaged before signing for a delivery.  Damaged Products must be reported to Avi & Co. within seven (7) days of receipt.  If we provide you with authorization to return Products, we will send you replacement Products at our expense, or issue you a refund, at our discretion.  Refunds will be made within a reasonable time after the return to the purchaser’s original method used for the purchase.  If the Products returned for replacement are no longer available, we will inform you and will either reimburse you for the amount you paid for the Products or allow you to choose another Product of equal or greater value at our sole discretion.

6.3. Exchanges are permitted within fourteen (14) days of purchase only if they are unused by you, in the originally received condition, and accompanied by the original invoice. In the event of an exchange, you must inform the Customer Service Department of Avi & Co. in writing at sales@aviandco.com

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The Products must arrive in re-sellable condition and accompanied by original packaging and labels fully intact.  We will not accept returned Products where the labels have been removed or Products have been opened or used.  You are responsible for shipping the returned items back to Avi & Co. to, and items lost in transportation will not qualify for an exchange.  Once we receive your returned Product and determine that you have complied with the foregoing qualifications, we will ship you the new Product you have requested, which must be of equal or greater value in price.  We will charge you for the difference in price between the exchanged Product and the returned product, but we will not charge you a second shipping fee for the exchanged item.  Exchanges or returns may only be made as described in these Terms.  You cannot return or exchange any Product you purchased at online from any third-party or at any third-party retail store.

 

7. Risk of Loss and Title

The risk of loss and title to all Products purchased from Avi & Co. pass to you upon our delivery of the Products to the carrier for shipment to you.  Avi & Co. does not take title to returned Products until the Products arrive at our warehouse.

 

8. Limited Warranty

Avi & Co. solely warrants that on the date of delivery the Products shall conform to the specifications published by us. We specifically disclaim any warranties, representations, specifications, assurances, or otherwise made by any third-party.   If and to the extent Products fail to conform to our specifications, we may, at our sole discretion, within a reasonable time, either repair or replace the Products at no charge to you or issue a credit for any such Products in the amount of the original invoice price.  Our obligation to repair, replace, or issue credit for such nonconforming Products shall be contingent upon receipt by Avi & Co. of timely notice of any alleged defect and the return of the Products, in accordance with these Terms. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OR SUITABILITY OF THE DESCRIBED PRODUCTS FOR ANY PARTICULAR USE OR PURPOSE. Avi & Co. shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Products or Website or for incidental or consequential damages.  Without limiting the foregoing, Avi & Co. shall not be liable for any personal injury and/or property damage resulting from the use of the Products or Website, whether used in conformity with their specifications.

 

9. Disclaimer and Limitation of Liability

 

Avi & Co. is providing this Website and its contents on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website, the information, content, materials or products, included on this Website. To the fullest extent permitted by law, Avi & Co. disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Avi & Co. does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice. Avi & Co. will not be liable for any damages of any kind arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

Avi & Co. shall not be liable for personal injury or property damage resulting from the improper handling, modification, misuse of the Products by you or any other person following delivery by Avi & Co. nor from any use of the Website by you or others.  Additionally, to the extent permitted by law, our liability for losses you suffer is strictly limited to the purchase price of the Products you purchased.  We are not responsible for any indirect losses incurred by you, including but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, or loss of data.  We cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.  We are also not responsible for any damage caused from using the Website or not being able to access or visit the Website.  Avi & Co. does not guarantee a problem-free, uninterrupted, or problem-free Website.

 

10. Force Majeure

Neither party shall be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the other party caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”).  In case of Force Majeure, Avi & Co.’s obligations are rendered null and void.

 

11. Modifications and Information

11.1. We reserve the right to change or modify any specifications and to substitute materials used in the production and/or manufacture of Products from time to time without notice. You acknowledge that data in our catalogues, specification sheets and other descriptive publications distributed or published by us, may accordingly be varied from time to time without notice.

11.2. You must utilize and solely rely on your own expertise, know-how and judgment in relation to the Products and your use thereof. Any consultation provided by us regarding your use of the products shall not give rise to any additional obligations. Details and information provided with regard to the suitability and use of the Products shall not be binding upon us and we do not assume any liability based on such consultations.

 

12. Compliance with Laws and Standards

Avi & Co. makes no promises or representations that the Products shall conform to any law, statute ordinance, regulation, code, or standard (“Law”). You hereby acknowledge that the use of the Products may be subject to requirements or limitations under Law. Customer shall be exclusively responsible for (i) ensuring compliance with all Law associated with its intended use of the Products; and (ii) obtaining all necessary approvals, permits or clearances for such use.

 

13. Waiver

Failure by Avi & Co. to enforce at any time any provision of these Terms shall not be construed as a waiver of our right to act or to enforce any such term or condition and our rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by Avi & Co. of any breach of your obligations shall constitute a waiver of any other prior or subsequent breach.

 

14. Severability

In the event that any provision of these Terms shall be held to be invalid or unenforceable, such invalidity shall not affect in any respect whatsoever, the validity or enforceability of the remaining provisions between the parties, which shall be severed therefrom. The provisions held to be invalid or unenforceable shall be reformed to provisions satisfying the legal and economic intent of the original provisions to the maximum extent permitted by law.

 

15. Integration

These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all prior written and oral agreements, understandings, communications, and discussions with respect to such matters.

 

16. Limitation of Action

No action by a customer shall be brought unless such customer first provides written notice to Avi & Co. of any claim alleged within thirty (30) days after the event complained of first becomes known to the customer and an action is commenced by the customer within six (6) months after such notice.

 

17. Violation of Terms

We reserve the right to seek all remedies available at law and in equity for any violation of these terms, including without limitation, the right to block access to the website.  Individuals violating the restriction of password-protected areas of the Website may be subject to prosecution.

18. Governing Law and Jurisdiction

18.1 The parties’ rights and obligations arising out of or in connection with these Terms shall be governed, construed, interpreted and enforced according to the laws of the State of New York without giving effect to its conflicts of laws rules or principles.

18.2 The parties agree that any suits, actions or proceedings that may be instituted by any party shall be initiated exclusively before the courts of the State of New York, United States and irrevocably agree that all actions or proceedings arising out of, in connection with or directly or indirectly relating to a transaction covered by these Terms shall be litigated in such courts, without prejudice to our right to submit the relevant case to the court which would have jurisdiction if this provision has not been incorporated in the Terms, and the parties do hereby consent to the jurisdiction of those courts and waive any objection which they may have, now or hereafter, to venue of those suits, actions or proceedings.

18.3. The laws of your country may be different from the laws in the United States and there may be additional legal requirements for you to use this Website.  You must comply with all applicable local and international laws and regulations regarding your use of our website.

 

19. Headings

The headings contained in these Terms are included for mere convenience of reference and shall not affect their construction or interpretation.

 

20. Copyright

All Website design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright © Avi & Co. Corp. d/b/a/ Avi & Co., ALL RIGHTS RESERVED. The compilation - meaning the collection, arrangement and assembly - of all content on this Website is the exclusive property of Avi & Co. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with Avi & Co. or using this Website as a shopping resource. Any other use of materials on this Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Avi & Co. is strictly prohibited. All material and information presented by Avi & Co. is intended to be used for educational or informational purposes only. Your use of this Website is subject to these Terms.

21. Trademarks

Our trademarks include, among others, the Avi & Co. name and logo.  These trademarks may be used or registered in more than one country.  Your use of the Website does not grant you any rights to us our trademarks.  Additionally, the Website and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Avi & Co. and may not be used in connection with any product or service that is not offered by Avi & Co. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Avi & Co. Notwithstanding the foregoing, we do not claim any rights to the trademarks, copyrights, patents or any other intellectual property subsisting in the Products, which belong solely to their developers or assignees and licensees.

22. DMCA

If you believe your work or content has been copied and posted to this Website in a way that constitutes copyright infringement, please provide Avi & Co. with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

 

•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•A description of the copyrighted work that you claim has been infringed upon;

•A description of where the material that you claim is infringing is located on this Website;

•A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•Your name, address, telephone number and email address (if available); and

•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

These conditions are applicable with effect from January 29, 2019 and are subject to change at any time without notice.

 

© Avi & Co. Corp., 2019