1. Who we are and what these Terms cover

These Terms and Conditions (“Terms”) govern your use of davidsw.com and its subdomains (the “Site”) and every purchase you make from DavidSW LLC, a Florida limited liability company (“DavidSW,” “we,” “us”), whether online, by phone or email, or in our showrooms. Separate documents, each part of these Terms, cover our purchase of watches from you (Sell Your Watch Terms), our Limited Warranty, our Shipping and Returns policy, and our handling of your personal information (Privacy Policy, Your Privacy Choices). If these Terms conflict with a signed written agreement between you and DavidSW, the signed agreement controls. Purchases made through eBay or another marketplace are governed by that marketplace’s terms.

2. Agreement to these Terms

By placing an order, creating an account, or using the Site, you agree to these Terms. At online checkout you must confirm that you have read and agree to these Terms before your order is submitted. For orders placed by phone, email, or in a showroom, you accept these Terms by paying the invoice we send or by signing the sales receipt, each of which refers to these Terms.

You must be at least 18 and able to form a binding contract. We may decline orders we reasonably believe are for resale.

3. Definitions

• Business day: Monday through Friday, excluding U.S. federal holidays, Eastern Time.
• Delivery: the carrier’s recorded delivery of your order, or your collection of it in a showroom.
• Listing: the written description, condition notes, accessories list, service history, and photographs of a watch on the Site at the time you order. A watch is “as described” if it materially matches its Listing.
• Genuine: the watch was manufactured by the brand named in the Listing and its case and movement are that manufacturer’s.
• Factory-original: every component of the watch is the manufacturer’s, including manufacturer service replacement parts fitted during factory or authorized service.
• Vintage: a watch manufactured before 1990 or described as “vintage” in its Listing.
• Inspection Period: the 48-hour period after Delivery in which you must inspect your watch and tell us if it is not as described (Section 9).
• Warranty Period: the period of coverage under the DavidSW Limited Warranty — 12 months from Delivery.
• Verified address: your billing address as confirmed by your card issuer or bank, or another address we have confirmed with you by phone.

4. Our products

Pre-owned. Unless a Listing says “unworn,” every watch we sell is pre-owned and shows wear consistent with its age and use. Each Listing describes the watch’s condition, included accessories, and known service history. Photographs are of the actual watch offered unless the Listing says otherwise. Colors and finishes may render differently on different screens.

Genuine and factory-original. Unless the Listing states otherwise, every watch we sell is guaranteed Genuine and Factory-original. Where we know a component is not the manufacturer’s (for example an aftermarket bezel, dial, hands, bracelet, strap, or diamond setting, or a refinished dial), the Listing will say so, and our guarantee applies to the watch excluding that component. Water-resistance figures in a Listing are the manufacturer’s original specification for the reference and are not a statement of the watch’s current water resistance; have any watch pressure-tested before exposing it to water.

Reference prices. Where a Listing or advertisement shows a reference price, it is the manufacturer’s current published list price for the reference, where available, and not a former DavidSW price.

Not an authorized dealer. DavidSW is an independent pre-owned watch dealer. We are not an authorized dealer of, and are not affiliated with, sponsored by, or endorsed by, Rolex SA, Rolex Watch U.S.A. Inc., Patek Philippe SA, Omega SA, Audemars Piguet, Cartier, Tudor, or any other manufacturer. Brand names, model names, and reference numbers are trademarks of their respective owners and are used only to identify the watches we offer. Any remaining manufacturer warranty transfers only as the manufacturer permits; we do not administer, extend, or guarantee manufacturer warranties, and manufacturers may decline warranty service for watches not purchased from an authorized dealer.

5. Orders and pricing

Listings are invitations. Listings, prices, and availability are invitations for you to make an offer. Your order is an offer. A binding contract is formed when we send you a shipping confirmation (or release the watch to you in a showroom). Before then we may decline or cancel any order for any lawful reason, including unavailability, suspected fraud, inability to verify payment or identity, a pattern of returns, cancellations, or chargebacks, an order we believe is for resale, or a pricing or Listing error.

Pricing and Listing errors. If a watch is listed at an incorrect price or with incorrect information, we may cancel the order before shipping confirmation and refund any amount paid in full, or offer the watch to you at the correct price. Once we have accepted your order we will honor the sale.

One watch, one buyer. Most of our inventory is one of a kind. Adding a watch to your cart does not reserve it. We do not place watches on hold. A watch is reserved only when we receive payment or, for a wire order confirmed under Section 6, while funds are in transit.

Sales tax. Prices are in U.S. dollars and exclude sales tax. We collect sales tax where required based on the shipping address; the amount is shown at checkout before you confirm your order.

Verification. Every credit card order requires a copy of your current driver’s license or other government-issued photo identification. For any other order where we cannot verify you, we may also ask for identification and a confirmation call before shipping. We ask promptly after your order, and we keep copies of identification only as long as needed to verify the order and prevent fraud.

6. Payment

We accept bank wire, major credit cards, PayPal, Affirm financing (U.S. residents, subject to Affirm’s eligibility), and cryptocurrency through BitPay.

Prices and payment fees. The price shown in a Listing is the bank-wire price. Card and PayPal payments carry a payment-processing fee, which is shown as a separate line at checkout before you confirm your order and on your receipt.

Wire. A wire order reserves the watch for 3 business days from our order confirmation; if funds have not arrived we may release it for sale. Payment is complete when funds clear in our account. Confirm wire instructions with us by phone before sending funds; wire fraud targets high-value purchases, and we will never ask you by email alone to send funds to a different account. We are not responsible for funds sent to any account other than the one you confirmed with us by phone, and we have no obligation to ship until the full amount is received in that account. Your bank’s fees are your responsibility.

Cards and PayPal. Orders may be held for verification. We may require that the shipping address match the billing address on file with the card issuer.

Affirm. Financing is provided by Affirm and its lending partners under Affirm’s terms; your loan agreement is with Affirm. Refunds on financed orders are issued to Affirm and applied to your loan under Affirm’s policies.

Cryptocurrency. Crypto payments are processed by BitPay at the standard price and settle to us in U.S. dollars. The U.S. dollar amount is fixed at checkout; the crypto amount is set by BitPay for a limited time. Refunds are made in U.S. dollars at the price paid, by a method we designate.

Cash reporting. If we receive cash or cash equivalents (cashier’s checks, money orders, traveler’s checks) totaling more than $10,000 in one or related transactions, we report it to the IRS on Form 8300 as federal law requires.

Chargebacks. Please contact us before disputing a charge with your card issuer or PayPal; we resolve problems under Section 9. We provide carrier proof of delivery and signature to issuers in response to disputes, may refer amounts owed to collection and recover our costs, and may decline future orders from anyone who files an unfounded dispute.

7. Shipping and delivery

Domestic. Domestic orders ship by FedEx overnight service, fully insured through FedEx’s declared-value program, signature required. Shipping is charged per order, not per item, and is shown at checkout. We may require shipment to your verified billing address or another address we have confirmed with you, and may decline to ship to P.O. boxes, freight forwarders, or hotels.

Timing. We ship after we receive a properly completed order (payment received and any verification we request completed). If we cannot ship within 30 days of a properly completed order — or within any shorter time we state when you order — we will notify you with a revised date and the option to cancel for a full refund, as required by the FTC Mail, Internet, or Telephone Order Merchandise Rule. Nothing in Section 22 (events beyond our control) limits this right.

Delivery and risk of loss. Title and risk of loss pass to you on Delivery, whether or not you required a signature. Please inspect the package on arrival and tell us about damage, tampering, or a discrepancy within 48 hours so that an insurance claim can be filed; this request does not limit your rights under Section 9.

International. We ship to most countries by FedEx International Priority with insurance where the carrier permits; insurance limits apply in some countries and we will confirm coverage before shipping. You are the importer of record: customs duties, import VAT/GST, and brokerage are your responsibility and are not included in our prices, and you are responsible for confirming the watch may lawfully be imported. Exotic-leather straps are subject to CITES; we may substitute a calfskin or rubber strap for export and will tell you. We do not ship to Mexico, Russia, Belarus, North Korea, Iran, Syria, Cuba, the Crimea, Donetsk, or Luhansk regions, or to any destination or person subject to U.S. sanctions or export controls, and you may not re-export a watch to any of them. We may decline other destinations at our discretion.

Consumers outside the United States. If you are a consumer in the European Union, United Kingdom, Australia, Canada, or another jurisdiction whose law gives you rights that cannot be limited by contract (for example a 14-day right of withdrawal on EU/UK distance sales or statutory conformity guarantees), those rights apply and Sections 9 (final sale), 11, and 15 apply to you only to the extent your law permits. Sections 9 and 11 apply to all customers except to the extent your local law provides greater rights.

8. Showroom purchases and pickup

Orders may be collected in Orlando or Miami during showroom hours or by appointment, with government-issued photo ID matching the order; we will not release a watch to anyone else without the purchaser’s written authorization. Orders not collected within 30 days may be cancelled and refunded in full. An online order collected in a showroom is treated as an online order and the Inspection Period runs from collection. For everyone’s security we may ask for ID on entry, screen bags, prohibit photography of other customers or inventory, and end a visit, and showrooms may be monitored by video.

9. Cancellations, returns, and refunds

This policy is also set out on the Shipping and Returns page and is summarized at checkout before you enter payment details.

Cancelling before shipment. You may cancel an order before it ships by contacting us; we refund in full to the original payment method promptly.

All sales are final. Please be sure of the model, reference, and condition before you buy. We do not accept returns for a change of mind (“buyer’s remorse”). The only exception is a watch that is not as described, below.

Not as described — Inspection Period. Inspect your watch as soon as it is Delivered. If it materially differs from its Listing, tell us within the Inspection Period (48 hours after Delivery) with photographs of the discrepancy, and ship it back within 2 business days after receiving our return authorization, which we issue promptly. We email a prepaid, insured FedEx label at our cost with packing instructions; ship from a staffed FedEx location, not a drop box. On confirming the discrepancy we refund the full purchase price, including original shipping, to the original payment method (U.S. dollars for crypto orders; to Affirm for financed orders) promptly after we receive and inspect the watch, or offer an alternative remedy that you accept. If on inspection the watch matches its Listing, we return it to you and may charge the actual cost of shipping both ways.

Discrepancies you could not have seen. For a discrepancy that could not reasonably have been discovered by inspection during the Inspection Period, tell us within 14 days after you discover it and no later than 12 months after Delivery; undisclosed non-original components are governed by the Description Guarantee in Section 12.

Condition of returned watches. A watch returned under this Section must come back as delivered: not worn beyond trying it on, unpolished, with any protective stickers and tags intact, and with every box, paper, link, and accessory included. We may compare the returned watch against our pre-shipment photographs and records. The watch is at your risk until FedEx scans it. Returns without authorization are not accepted.

International, special-order, showroom, and altered items follow the same rule: final sale, except where not as described. Consumers in the European Union, United Kingdom, Australia, and Canada have the statutory rights described in Section 7.

Gifts. Refunds go to the original purchaser and payment method.

Exchanges and store credit may be offered at our discretion. We may decline orders from customers with a pattern of returns, cancellations, chargebacks, or abusive conduct.

10. DavidSW Limited Warranty

Each watch we sell (including watches described as unworn), other than Vintage watches and watches whose Listing says “as is” or “no warranty,” is covered by the DavidSW Limited Warranty: DavidSW warrants to the original purchaser (and a gift recipient named to us within 30 days of Delivery) that the movement will operate properly — wind, run, set, and keep time within the manufacturer’s published tolerance for that calibre — under normal use for the Warranty Period. The full terms, including what is and is not covered, how to obtain service, and required legal statements, are in the DavidSW Limited Warranty, which is part of these Terms and is linked from every product page before purchase. Quartz movements are covered; batteries are not.

11. Warranties and disclaimers

(a) Watches covered by the DavidSW Limited Warranty. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON A WATCH COVERED BY THE DAVIDSW LIMITED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) Vintage watches, watches whose Listing says “as is” or “no warranty,” and non-watch items. THESE ITEMS ARE SOLD “AS IS” AND “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ITEM IS WITH YOU. SHOULD THE ITEM PROVE DEFECTIVE AFTER PURCHASE, YOU, AND NOT DAVIDSW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. TO THE FULLEST EXTENT PERMITTED BY LAW, DAVIDSW DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THESE ITEMS.

(c) Nothing in this Section limits the Authenticity and Description Guarantee (Section 12), your rights under Section 9 for a watch that is not as described, or any express statement in the Listing. New Jersey residents: Sections 11 and 14 do not limit your rights under the New Jersey Consumer Fraud Act.

12. Authenticity and Description Guarantee

Authenticity. If a watch we sold you is determined not to be Genuine, we will refund the full purchase price on return of the watch or, if the manufacturer or a service center has retained the watch or a component as counterfeit, on your providing their written notice of retention. A determination may be made by the manufacturer, an authorized service center, or a qualified independent authenticator (we will not unreasonably withhold agreement to one), and we will cooperate and may inspect the watch ourselves. We reimburse reasonable documented authentication and shipping costs up to $500 if the watch is found not to be Genuine. This guarantee is available to the original purchaser for the life of the watch.

Description. If, within 12 months after Delivery, you establish by the same means that a component we did not disclose as non-original is aftermarket or refinished, we will, at your election, accept the watch back for a full refund or reduce the price by the documented difference in value.

These guarantees are in addition to your rights under Section 9 and do not cover non-original components disclosed in the Listing.

13. Servicing by others

The Limited Warranty does not cover damage or defects caused by service, repair, or modification performed by anyone other than DavidSW or a manufacturer-authorized service center. Having another watchmaker service your watch does not by itself void the Limited Warranty. We may decline to service watches that have been modified with non-manufacturer parts.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DAVIDSW’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, A PURCHASE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE WATCH OR ITEM GIVING RISE TO THE CLAIM, (B) FOR A WATCH YOU OFFERED TO SELL TO US, THE AMOUNT STATED IN THE SELL YOUR WATCH TERMS, AND (C) $1,000. NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOSS OF USE, EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNITY FOR FRAUD OR UNLAWFUL CONDUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED BY LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE, OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND NOTHING LIMITS THE DIRECT DAMAGES RECOVERABLE FOR A WATCH THAT IS NOT GENUINE OR NOT AS DESCRIBED.

15. DISPUTE RESOLUTION — PLEASE READ CAREFULLY. THIS SECTION REQUIRES INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS ACTIONS.

Informal resolution first. Before starting any formal proceeding, you agree to email [email protected] with a written description of the dispute and give us 30 days to resolve it; any limitation period is tolled during those 30 days. Most concerns are resolved this way.

Arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules before a single arbitrator, in Orange County, Florida, by video conference, or in the county where you live, as the rules provide. The Federal Arbitration Act governs this Section. Either party may instead bring an individual claim in small-claims court. YOU AND DAVIDSW EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR CLASS ARBITRATION. DavidSW will pay all AAA filing, administrative, and arbitrator fees for claims of $25,000 or less, other than your initial filing fee under the Consumer Rules. If the class-action waiver is found unenforceable as to any claim, that claim (and only that claim) will be heard in court as described under “Courts” below. If 25 or more similar claims are filed against DavidSW by the same or coordinated counsel, the parties agree to a staged bellwether process under the AAA’s mass-arbitration procedures. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first agree to these Terms; if you opt out, the “Courts” paragraph below applies. Changes to this Section do not apply to disputes that arose before the change. Residents of Ontario and Quebec, and consumers elsewhere whose law prohibits pre-dispute arbitration agreements or class waivers, are not bound by this arbitration agreement.

Courts. Any dispute not resolved informally, and any claim not subject to arbitration, will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to their jurisdiction and venue. Each party waives trial by jury to the extent permitted by law.

Governing law. These Terms and every purchase are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules, except that consumers retain any non-waivable protections of the law of their place of residence.

Time limit. To the extent permitted by Florida Statutes §672.725, any claim arising out of the sale of a watch or other item, including warranty claims, must be commenced within one year after the cause of action accrues. This does not shorten the time for claims under the Authenticity and Description Guarantee, which accrue on the written determination described in Section 12, or any period that by law cannot be shortened.

16. Using the Site

License. We grant you a limited, revocable, non-exclusive license to use the Site to browse and purchase. All Site content — photographs, descriptions, text, logos, video, design — is owned by or licensed to DavidSW and protected by copyright and trademark law. You may not copy, scrape, harvest, frame, or commercially use Site content, including product photographs, without our written permission.

Accounts. You are responsible for your credentials and for activity under your account; tell us immediately of unauthorized use.

Prohibited conduct. You may not use the Site to violate any law, interfere with its operation or security, submit false information, impersonate anyone, place fraudulent orders, use automated tools to access the Site or monitor prices, or infringe anyone’s rights.

Reviews and submissions. If you submit a review, photo, or other content to us or through a review platform we use, you grant DavidSW a perpetual, royalty-free, worldwide license to use and display it in connection with our business, and you confirm it is your own and honest. Consistent with the FTC’s Consumer Reviews and Testimonials Rule, we do not pay for reviews, condition any incentive on a review’s sentiment, or suppress reviews because they are negative; we may remove content that is unlawful, obscene, off-topic, or contains personal information. Reviews by our employees or their family members must disclose that relationship.

Third-party services. The Site links to and embeds services operated by others (payment processors, Affirm, BitPay, YouTube, Trustpilot and Trustindex review widgets, LiveChat, WhatsApp, appointment scheduling). Their terms and privacy policies govern your use of those services.

Live chat. The chat widget is provided by LiveChat, Inc. It loads only after you accept Marketing cookies in our consent banner or click “Enable chat”; if you decline, you can reach us by phone, email, or WhatsApp. Once enabled, LiveChat collects your IP address, pages viewed, and device information, and transcripts are stored by LiveChat and DavidSW and may be reviewed for service and quality. Do not send card numbers or other sensitive information through chat.

Availability. The Site is provided “as is” and “as available.” We do not guarantee it will be uninterrupted or error-free and may change or discontinue any feature.

17. Indemnity

You agree to indemnify and hold harmless DavidSW and its members, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of law, or your fraudulent or unlawful use of the Site.

18. Communications

By providing your email address or phone number you agree that we may contact you about your order, account, or request by email and by non-marketing phone calls. Marketing emails include an unsubscribe link. Text messages are sent only with your separate consent.

19. Changes to these Terms

The version in effect when you place an order governs that order. We post the effective date at the top of this page, archive prior versions, and notify account holders by email or a Site notice of material changes. Continued use after a change takes effect constitutes acceptance for future orders.

20. California residents

Under California Civil Code §1789.3: DavidSW LLC, 5285 International Drive, Orlando, FL 32819, [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Contact

DavidSW LLC · Orlando: 5285 International Drive, Orlando, FL 32819, +1 (407) 612-6465 · Miami: 4800 NE 2nd Avenue, Miami, FL 33137, +1 (305) 413-5927 · [email protected] (all notices, including legal notices)

22. General

These Terms, with the documents they reference, are the entire agreement between you and DavidSW on their subject matter. If any provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor. Neither party is liable for delay or failure caused by events beyond its reasonable control, subject to Section 7. Sections 11 through 17 and 22 survive any purchase. There are no third-party beneficiaries. Headings are for convenience only.