Terms of Purchase
Please read these terms and conditions of sale carefully as any purchase of our customized watches (“Watches”) from the Tempus Machina Watch Company LLC (“Tempus Machina”) will be subject to these terms and conditions. You understand that by ordering any of our Watches, you agree to be bound by these terms and conditions
You should retain a copy of these terms and conditions for future reference.
Information about us
Tempus Machina Watch Company LLC is a US Limited Liability company registered in New York, USA.
By placing an order through our site, you confirm that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old.
Ordering methods and confirmation
Watches displayed on our website can be ordered online through our secure server.
Your order constitutes an offer to us to buy Watches. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice by email (the “Order Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Watches confirmed in the Order Confirmation. We will not be obliged to supply any other Watches which may have been part of your order until the dispatch of such Watches has been confirmed in a separate Order Confirmation.
Description and price of the Watches
The description and the price of any Watches you order will be as shown on the Order Confirmation.
The prices of the Watches include delivery charges + US taxes where applicable.
Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, it is always possible that, on rare occasions and despite our best efforts, some of the Watches listed on our website may be incorrectly priced. We will verify prices once we send you your Order Confirmation.
We are under no obligation to provide the Watches to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing. However, we will advise you in writing where it is not possible to accept your order to buy the Watches at the price stated.
Modification Acknowledgement and Depth Rating
Watches made by Tempus Machina are customized/modified watches from original manufacturers that have been purchased through Authorized Dealers.
Any original manufacturer’s depth rating associated with the Watches that are applied on the watch dial or elsewhere, are for decorative and design purposes only.
While diving and swimming to reasonable depths is possible, we do not recommend any deep water sport activities with the 216A. All watches are pressure tested prior to shipping to ensure waterproofing has not been compromised.
Payment for the Watches may be made by all major credit/debit cards or bank wire transfer/ACH.
We will debit the deposit (or full) amount of the Watches from your credit/debit card at the time of the Contract being formed. Payment by credit card/debit or wire is due when you place your order. We reserve the right to terminate any Contract if we are refused payment.
You will be notified via email that your Order is ready and balance owing (if any) must be paid in full prior to shipping.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
You agree to indemnify us in full against all costs, expenses and outgoings reasonably incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
We will arrange for delivery once payment in full has been received/cleared and the Watches are available for delivery. We will contact you separately with a delivery confirmation and tracking number. It is essential that you, or someone on your behalf, will be available to receive and sign for the Watches at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the Watches, we are entitled to assume that person is authorized by you to do so.
All delivery dates are given in good faith and may vary from time to time depending on current order volumes, work schedules, material availability or a particular characteristic of the order placed. We will try our best to meet the average delivery turnaround of 3-6 months but we shall not be liable for any delay in delivery of the Watches however caused.
Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery.
If no one is at the delivery address when delivery is attempted then the Watches will be taken back and the delivery agent will contact you to arrange a further delivery. We will not make any additional charge for this further delivery provided you have reasonably tried to inform us by giving us not less than  hours notice that no one will be at the delivery address.
Risk and title
Subject to the paragraph below, you will become the owner of the Watches you ordered and responsible for risk of loss or damage to them once they have been delivered to you. Our responsibility for everything other than damage due to our negligence will end on the date the Watches are delivered.
Ownership of the Watches shall not pass to you until we have received, in full (cleared funds), all sums due to us in respect of the Watches.
Our Watches are custom tailored to your requirements. It is understood that an order for any of the Watches, once it has been submitted, subsequently processed and an Order Confirmation sent, cannot be cancelled by you.
You may cancel an order within 48 hours of receiving an Order Confirmation and deposits will be returned in full (less applicable fees if any). Thereafter, deposits are non-refundable and orders cannot be cancelled.
Where agreed by us, all changes to any order once the Order Confirmation will be on a best efforts basis. Any additional or associated costs with that change will be due.
Please contact us immediately and in any event no later than 48 hours from delivery of the Watches at email@example.com if you believe you have received faulty Watches.
After you have contacted us, we may be able to rectify the problem with the Watches without the Watches having to be returned to us. However, if this is not possible we will pay for faulty Watches to be returned to our premises and forwarded to you after replacement/repair, in accordance with any warranty you have with us. If Watches returned during this period are found to be without faults or if a fault is caused by damage or misuse you will be responsible for paying our collection and subsequent delivery costs before they can be returned to you. If the fault is the result of damage or misuse you will be responsible for the cost of any repair or replacement that you request. Misuse includes (but is not limited to) failing to take reasonable care of the Watches; use or abuse of the Watches; alterations, modifications or repairs to the Watches not authorized or made by us; use of parts not manufactured or supplied by us; and any operation of the Watches in excess of the Watches rating, specifications or intended use.
You are responsible for the cost of returning faulty Watches. If a fault is found to have occurred due to accidental damage, misuse or expected wear and tear you will be informed of the cost of repair/replacement and return delivery. When payment is received the Watches will be returned to you.
If either we or you are in breach of any of these terms and conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of such breach.
Unless set out in these terms and conditions, we will not be responsible for any loss or damage to the Watches after you have taken delivery of them.
We cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to supply you with the Watches. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price paid by you for the Watches in question.
We warrant to you that any Watches purchased from us through our site are of satisfactory quality and reasonably fit for the purposes for which goods of the kind are commonly supplied.
The provisions above do not include or limit in any way our liability:
• for death or personal injury caused by our negligence;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and/or us, including but not limited to:
• losses that were not caused by any breach on our part;
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these terms shall affect the statutory rights of a consumer.
If you order Watches from us for delivery outside the US, they may be subjected to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Watches are destined. We will not be liable for any breach by you of any such laws.
Making a complaint
We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at firstname.lastname@example.org. We endeavor to respond to all complaints within 14 working days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
13 Intellectual property
The content of this website is protected by copyright, trademarks, database and other intellectual property rights. Other than Tempus Machina Watch Company LLC, all other rights, including copyright, trademarks, names and logos used in relation to this website are not owned by us or controlled by us. Nothing in these terms and conditions confers on you any license or right under the Tempus Machina Watch Company LLC trademark or any of our names or logos or those of any third party.
Except where expressly stated to the contrary third party trademarks and images of third party products, services and locations featuring on this website are in no way connected, associated, linked or affiliated to us. Any trademarks/names as may be featured on this website are owned by the respective trademark owners and we claim no connection, association or affiliation with them.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us by registered mail to Tempus Machina Watch Company LLC ………………….. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
Any Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the terms and conditions in force at the time that you order Watches from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Watches).
If any of these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permissible by law.
For the purposes of the Contracts, any Contract between us for purchase of the Watches is not intended to, and does not, given any person who is not a party to it any right to enforce any of its provisions.
These terms and conditions will be governed by the laws of New York, USA, and you agree to submit to the exclusive jurisdiction of the New York City courts.