TERMS OF SERVICE

Effective Date: June 29th, 2025
Last Updated: June 29th, 2025

1. Acceptance of These Terms

By accessing or using scoutandsetter.com (the “Site”) or purchasing from Scout & Setter (“we,” “us,” “our”), you agree to be bound by these Terms of Service (“Terms”) and by our Privacy Policy. If you do not accept every provision, do not use the Site or our services.

2. Eligibility and Account Creation

You must be at least 18 years old and capable of entering a binding contract to open an account or place an order. You agree to provide accurate, complete, and current information, keep login credentials confidential, and notify us of any unauthorized use.

3. Product Information, Authenticity, and Brand Affiliation

We specialize in new and pre-owned luxury timepieces. Every watch we list is inspected by qualified experts and is guaranteed authentic. Scout & Setter is not an authorized dealer of, affiliated with, or endorsed by the manufacturers whose products appear on the Site; all trademarks remain the property of their respective owners.

4. Pricing, Availability, and Errors

Prices, descriptions, and availability can change without notice. We reserve the right to correct typographical errors or inaccuracies even after an order is submitted. If we cancel an order after charging your payment method, we will issue a full refund.

5. Order Acceptance and Know-Your-Customer (KYC) Screening

Your order is an offer to buy; we may accept or decline at our discretion. We may request additional identity or payment verification for high-value transactions to comply with anti-money-laundering and trade-sanction laws.

6. Payment and Taxes

All online payments are processed through PCI-DSS v4.0 compliant third-party providers such as Stripe or PayPal; we never store full card data. You authorize us to charge the purchase total, including shipping, insurance, sales tax, and duties where applicable. You are responsible for all taxes or fees levied by jurisdictions to which we ship.

7. Shipping, Risk of Loss, and Insurance

We ship fully insured to the address you provide. Risk of loss passes to you upon our carrier’s first delivery attempt. Shipping timelines are estimates; delays caused by customs, weather, or carriers are outside our control. We do not ship to countries or persons subject to U.S. export restrictions.

8. Returns and Exchanges

All sales are final and “as is”

9. Limited Warranty and Service

Unless a manufacturer’s warranty applies, Scout & Setter offers no additional in-house warranty on mechanical function from the purchase date.

10. Intellectual-Property Rights

Site content—including text, images, graphics, code, logos, and compilations—is owned or licensed by Scout & Setter and protected by U.S. and international copyright, trademark, and database laws.

11. User-Generated Content and DMCA Notice

If you post reviews, photos, or other material, you grant Scout & Setter a perpetual, worldwide, royalty-free license to use, display, and distribute that content. We reserve the right to remove submissions that are unlawful, defamatory, or violate third-party rights. If you believe material on the Site infringes your copyright, send a takedown notice to our designated DMCA agent at info@scoutandsetter.com.

12. Acceptable Use

You agree not to:
• Use the Site for fraudulent, illegal, or harassing activities.
• Upload malware or interfere with Site functionality.
• Scrape or harvest data without permission.
• Impersonate any person or entity or misstate affiliation.

13. Third-Party Services and Links

The Site may contain links or integrations with third-party websites, payment gateways, or social-media platforms. We are not responsible for those services or their privacy practices; you access them at your own risk.

14. Disclaimer of Warranties

Except for any express written warranty provided with a watch, the Site, services, and products are offered “AS IS” and “AS AVAILABLE.” We make no other warranties, express or implied, including implied warranties of merchantability, non-infringement, or fitness for a particular purpose, and no advice or information shall create any warranty outside these Terms.

15. Limitation of Liability

To the maximum extent permitted by law, scoutandsetter.com will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Site or purchase of our products. Our total liability for any claim will not exceed the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the minimum permitted.

16. Indemnification

You agree to defend, indemnify, and hold harmless scoutandsetter.com, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or misuse of the Site.

17. Dispute Resolution and Arbitration

Mandatory Arbitration. Except for claims that qualify for small-claims court, any dispute arising under these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The rules in effect on the date a claim is filed—including the AAA’s 2025 updates on mass arbitration procedures—apply.
Class-Action Waiver. You and Scout & Setter agree to bring disputes in arbitration only on an individual basis.
30-Day Opt-Out. If you do not wish to arbitrate, you may opt out by sending written notice within 30 days of your first purchase.
Fees and Location. The arbitrator may apportion fees as the rules permit. Unless you and we agree otherwise, hearings will occur in New York County, New York State.

18. Governing Law

These Terms and any disputes are governed by the laws of the State of New York, without regard to its conflict-of-law rules and subject to applicable federal statutes.

19. Modifications to Terms or Site

We may update these Terms at any time. Material changes will take effect 30 days after posting the revised Terms and updating the “Last Updated” date. Your continued use of the Site constitutes acceptance of the revised Terms.

20. Severability and Waiver

If any provision of these Terms is found unenforceable, that provision will be severed, and the remaining Terms will remain in effect. Failure to enforce any right does not constitute a waiver.

21. Entire Agreement

These Terms, together with the Privacy Policy and any policies or documents expressly incorporated, constitute the entire agreement between you and Scout & Setter regarding the Site and supersede all prior agreements.

22. Contact Us

Questions about these Terms? Contact:

Legal Department / Terms of Service Inquiries
Scout & Setter
New York, NY
(631) 488-0088 | info@scoutandsetter.com