USE OF WEBSITE

Welcome to Helium Watches or Helium (the “Website”), the public, e-commerce website for Helium Watches, Helium Watches herein referred to as ,""We," or"Us ").  

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

​These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Helium Watch Company Limited, office is at 74 - 76 Watling Street, Radlett, Hertfordshire England, United Kingdom WD7 7NP with email address 

info@heliumwatches.com;  (the Supplier or us or we).

These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms and Conditions”).  By using this Website, you acknowledge and agree to these Terms and Conditions If you do not agree to these Terms and Conditions, you may not access or use the Website.  We may change these Terms and Conditions at any time, without notice to you.  Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalised words used in these Terms and Conditions, other than those capitalised only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalised words appear inside quotation marks.

Orders for Products and Services. 

The products We make available on this Website are for your personal, non-commercial use only. You may only order products if you are domiciled in the areas of service and delivery and you are 18 years old or older.  Unless otherwise indicated, all prices on the Website are in Pounds / Dollars and may or may not include VAT depending on the region or regions in which you are shipping. 

 You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Escudo Watches. You agree to pay all applicable taxes including International.  If payment is not received by Us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Us. Certain products that you purchase on this Website may be subject to additional terms and conditions presented to you at the time of such purchase.  We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities and products actually shipped. You agree to not engage in fraud or misrepresentation when ordering products and/or services.

Product Information and Pricing. 

While We attempt to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the Website. Any orders placed via the Website are not considered accepted until We have shipped the order.  We cannot confirm the price of an item until an order has been processed. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate.  We will charge your credit card at time of order.  If we cancel any orders after your credit card has been charged, We will issue a credit to your account in the amount charged. You agree that if a product is shipped to you after a legitimate order which turned out to have an incorrect product description or detail your sole recourse is a refund of the original purchase price plus applicable shipping charges.

Gift Cards, Coupons, and Coupon Codes

Helium Watches may either directly or via third parties offer gift card and coupon codes. Gift cards, coupons, and coupon codes have no cash value and are potentially subject to expiration dates. Be aware that other local laws may apply in regard to gift cards, coupons, or coupon codes depending on where you reside. Only one gift card or coupon may be used per transaction and in certain instances gift cards can be combined with coupon codes depending on current Escudo Watches sales policies or specific sale promotions. If You make a purchase and do not use the full value of a gift card, the remaining value will remain on the gift card. It is your responsibility to keep gift card information as Helium Watches is not responsible for maintaining records of gift card purchases or coupons and account holders. Purchases made with gift cards cannot be returned in exchange for gift card credit or cash. All product returns which are based on purchases made with gift cards or coupons are exclusively subject to Escudo Watches store credit. If You make a purchase that combines cash (cash, PayPal, credit cards, debit cards, check) and a gift card or coupon, only that cash portion of the purchase is potentially refundable. Any remaining exchange value based on funds from a gift card or coupon will be transferred exclusively to store credit. You are responsible for maintaining records of any store credit you receive as part of a product exchange or otherwise.

Coupon codes may be provided by Helium Watches for special discounts or promotions. Coupon codes are subject to expiration dates and may not apply to all purchases made on Helium Watches. Helium Watches at its sole discretion may terminate or change the nature or value of coupon code offers at any time with or without notice. Coupon codes are not considered an offer or acceptance of an offer until accepted by the Helium Watches purchase system during an order. Helium Watches further reserves the right to cancel or change orders made with coupon codes which do not comply with the specific terms of each specific coupon code.

Product Returns & Exchanges

Helium Watches accepts returns on all products by the original purchasing party that are in unworn, resalable condition with a specific product return period window. Helium Watches at its sole discretion shall deem what it believes is a product in unworn and resalable condition. Products must be returned within 14 days of the date that You receive your order confirmation email. It is Your responsibility to ensure that you receive the order confirmation email. If you do not receive an order confirmation email within 48 hours after making a purchase please contact Helium Watches customer service. In the event a product is returned to Helium Watches more than 45 days after the date of sale no refund will be given and the watch will be returned to the customer at their expense

In order to return a product to Helium Watches You must contact US customer service for a return authorisation number. You must follow customer service instructions for return shipping instructions. Return authorisations by US are only valid for a specific time within which return shipping must be made, after which return authorisations have expired. You must include all original items as part of Your product return. Helium Watches is not responsible for return shipping costs unless the product is defective. Helium Watches at its sole discretion shall determine what constitutes a defective product. Once Helium Watches has successfully received product returns they will be processed within 7 business days.

Helium Watches may contact You after products have been returned for more information or for return and exchange updates. Helium Watches may automatically exchange defective product returns with new or repaired products which are of the same or similar model as the returned product. In the event a product exchange is requested or merited Helium Watches customer service will contact You before taking action. Helium Watches will exchange products for other products of equal or lesser value. In the event You want a product exchange for a product of greater value You will be responsible for paying applicable product value differences. If applicable, You will be further responsible for paying additional taxes and shipping charges when exchanging products.

Colours

We try to accurately display the colours of the products you see on the Website.  However, We cannot guarantee that the colours you see on your monitor will be accurate.

Website Content; License. 

Helium Watches and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organisation of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein.  Your use of the Website does not grant you ownership of any Content on the Website.

Subject to these Terms and Conditions, Helium Watches grants you a limited, revocable, none sub licensable and non-transferable licence to use the Website and the materials contained thereon only for your personal, non-commercial use.

Trademarks 

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Helium Watches or its affiliated entities and others and may not be used unless authorised by the Trademark owner.  All Trademarks not owned by Us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner.  Your misuse of the Trademarks displayed on the Website is strictly prohibited.

Prohibited Customer Activity 

Unless expressly permitted in these Terms and Conditions or with Helium Watches written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website.  Helium Watches will aggressively enforce its intellectual property rights to the fullest extent of the law.  You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorised access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of US  or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.  You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorised use thereof.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

User Information 

If you register with this Website or make a purchase via the Website, you will be asked to provide personal information to Us (“User Information”).  Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes.  You are responsible for keeping your “User Information” up to date and accurate.

User Comments, Feedback, and Other Submissions 

We welcome your suggestions, feedback, ideas and other submissions (“Submitted Materials”) about the Website, its Content, and our products.  However, by submitting or sending Submitted Materials to Us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant Us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to Us, and We may delete or destroy any such Submitted Materials at any time.  Any Submitted Materials will be deemed not to be confidential or secret, and may be used by Us in any manner consistent with these Terms and Conditions and the Website’s Privacy Policy.

Links to and from the Website 

If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website.  You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as “in-line” linking).  You may not link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.

You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”).  You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of US Links to Linked Sites do not constitute an endorsement or sponsorship by US of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.  Escudo Watches is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.

Indemnification 

You agree to defend, indemnify and hold Helium Watches, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. Helium Watches reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Helium Watches defence of such claim.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HELIUM WATCHES  ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HELIUM WATCHES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH ESCUDO WATCHES OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US “AS IS” PROVIDED THAT THE FOREGOING DISCLAIMER DOES NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY US OR THE APPLICABLE MANUFACTURER OF A PRODUCT AS CONTAINED IN THE PACKAGE DELIVERED TO YOU, AS SPECIFICALLY 

DESCRIBED ON THE WEBSITE OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENCE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HELIUM WATCHES OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HELIUM WATCHES , ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HELIUM WATCHES FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.