Terms of Service

OVERVIEW

Welcome to ONE. The terms “we”, “us” and “our” refer to ONE. ONE operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience, referred to as the “Services”. ONE uses Shopify technology to provide these Services.

These terms and conditions, together with any policies referred to in this document, referred to as the “Terms of Service” or “Terms”, set out your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree with these Terms of Service or with our Privacy Policy, you must not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your place of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You confirm and warrant that all information provided by you is accurate, up to date and complete, and that you have all necessary rights to provide this information. You are solely responsible for keeping your account credentials secure and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We make every effort to present our products and services accurately in our online stores. However, product colours or appearance may vary depending on the device used to access the store and the settings of that device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as shown or illustrated in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. ONE reserves the right to accept or reject your order for any reason, at its sole discretion.

Your order will not be considered accepted until ONE confirms its acceptance. Payment must be received and processed before your order is accepted.

Please review your order carefully before submitting it, as ONE may not be able to accommodate cancellation requests after the order has been accepted.

If we do not accept, modify or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You confirm and warrant that any purchases you make are for personal or household use only, and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties or import charges.

Prices published in our online stores may differ from prices offered in physical stores or on online stores or other channels operated by third parties.

From time to time, we may offer promotions on the Services. These promotions may affect prices and may be governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You also agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete transactions and contact you when necessary.

You confirm and warrant that:

(i) the credit card information provided is true, accurate and complete;

(ii) you are duly authorised to use that credit card for the purchase;

(iii) the charges incurred by you will be honoured by your credit card provider;

(iv) you will pay all charges incurred by you at the published prices, including shipping and handling charges and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and do not constitute guarantees.

We are not responsible for delays caused by carriers, customs processing or events outside our control.

Once the products are handed over to the carrier, ownership and risk of loss transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by ONE, its affiliates or licensors, and are protected by applicable intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Unless expressly stated in these Terms, nothing in these Terms grants, or should be interpreted as granting, any licence or other rights to you under any patent, trademark, copyright or other intellectual property right belonging to ONE, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. ONE reserves all rights not expressly granted in these Terms.

The names, logos, product and service names, designs and slogans of ONE are trademarks of ONE or its affiliates or licensors. You may not use these trademarks without ONE’s prior written permission.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to customer tools offered by third parties as part of the Services. We do not monitor, control or contribute to these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind, and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk. You must ensure that you understand and accept the terms under which the tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including new tools and resources. These features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party features.

We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any damage or loss related to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites.

You should carefully review third-party policies and practices and make sure you understand them before making any transaction. Complaints, claims, questions or concerns relating to third-party products or services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

ONE uses Shopify technology to provide the Services. However, any sales and purchases made in our store are made directly with ONE.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and ONE, including any injury, damage or loss resulting from the products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to the purchases and transactions you make with ONE.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and optimise the Services.

The information you submit through the Services may be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services to you.

Please review our Privacy Policy [LINK] for further details on how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, publish, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial purposes.

We may use these rights to operate, provide, evaluate, optimise, improve and promote the Services, as well as to comply with our obligations and exercise our rights under these Terms of Service.

You also confirm and warrant that:

(i) you own or have all necessary rights to any Feedback;

(ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback;

(iii) your Feedback complies with these Terms.

We have no obligation to:

(i) keep your Feedback confidential;

(ii) pay you any compensation for your Feedback;

(iii) respond to your Feedback.

We may, but are not required to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, infringing third-party intellectual property rights or otherwise in breach of these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or any other personal or proprietary right.

You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene content, nor any computer virus or other malware that may affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or any third party as to the origin of any Feedback.

You are solely responsible for any Feedback you share and for its accuracy. We are not responsible and assume no liability for Feedback posted by you or by third parties.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information in or relating to the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable law, regulation, rule or local ordinance;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or cause harm to any of our employees or to any other person;

(e) to submit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;

(g) to transmit or facilitate the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate any person or entity;

(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that we determine may harm ONE, Shopify or users of the Services, or expose them to liability.

You also agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping;

(e) interfere with or bypass the security features of the Services, any related website, other websites or the internet.

We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have breached any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without prior notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that, by their nature, should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information provided in or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information.

Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you, by any visitor to the Services or by any person who may be informed of any part of their content. Except as expressly stated by ONE, the Services and all products offered through the Services are provided “as is” and “as available”, without any representation, warranty or condition of any kind, whether express or implied.

This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 16 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, ONE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, as well as Shopify and its affiliates, shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise.

This applies to damages arising from your use of any of the Services or any products obtained through the Services, or to any other claim related in any way to your use of the Services or any product, including any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or of any content or product posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless ONE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising out of or resulting from:

(i) your breach of these Terms of Service or the documents incorporated by reference;

(ii) your violation of any law or third-party rights;

(iii) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that any delay in notification will not release you from your obligations, except to the extent that you are materially prejudiced.

We may control the defence and settlement of such claim at your expense, including the choice of legal counsel. We will not settle any claim that imposes non-monetary obligations on you without your consent, which must not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documentation.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law. The unenforceable part will be deemed severed from these Terms of Service, and this will not affect the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules published by us on this website or in relation to the Services constitute the entire agreement between you and us and govern your use of the Services. They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without prior notice.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services to you shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction where ONE has its registered office. You and ONE agree to the jurisdiction and venue of the competent courts in that jurisdiction.

SECTION 22 — HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO THE TERMS OF SERVICE

You may review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to info@onewatchcompany.pt

Our contact details are:

Planet One, Relógios S.A.

[info@onewatchcompany.pt](mailto:info@onewatchcompany.pt)

Rua das Amoreiras 56

1250-024 Lisbon

Portugal

+351 938 691 696

NIF: 506774287