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TERMS OF SERVICE

company registration: 8769967
VAT: 185967640 

OUR TERMS

 

  1. THESE TERMS

 

1.1  What these terms cover. These are the terms and conditions on which we supply goods to you.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1  Who we are. We are Watches of Wales Limited a company registered in England and Wales. Our company registration number is 08769967 and our registered office is at 35 Morgan Arcade, Cardiff CF10 1AF. Our registered VAT number is 185967640.

2.2  How to contact us. You can contact us by telephoning our customer service team on 02920233691 or by writing to us at info@watchesofwales.co.uk .

 

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order.

 

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

  1. OUR CONTRACT WITH YOU

 

3.1  How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

3.4  We only sell to the UK. Our website is solely for the promotion of our products in the UK. For orders outside of the UK please contact our customer services team direct.

 

  1. OUR PRODUCTS

 

4.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

4.2  Product packaging may vary. The packaging of the product may also vary from that shown in images on our website.

 

  1. YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7- Your rights to end the contract).

 

  1. PRICE, PAYMENT AND PROVIDING THE GOODS

 

6.1 Price and Payment 

Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:

Credit card or debit card: Payments must be 3D secure.

Cash: We accept cash payment up to a maximum of £5,000.00 in store only. You will be asked to provide evidence of identity and proof of address for all cash payments made in UK stores of £2,000.00 or more;

Bank transfer: We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details prior to accepting any Order;

Upon cleared payment we will let you know when we will provide the goods to you.  

 

6.2  When we will provide the goods. You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event we must receive full and cleared funds prior to dispatch of the Goods. 

6.3  Collection by you. If you want to collect the goods from our premises, please arrange an appointment with our customer service team.

 

6.4 Delivery of goods. We will deliver the goods to you as soon as reasonably possible. We will let you know once the goods are sent. 

 

6.5  We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. 

 

6.6  If you are not at home when the product is delivered. A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery the goods will be returned to us and an alternative delivery date will need to be agreed.

6.7  When you become responsible for the goods. The goods will be your responsibility from the completion of delivery.

 

  1. YOUR RIGHTS TO END THE CONTRACT

 

7.1  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

  1. a) The cancellation right does not apply to Goods purchased from any of our premises and/or if the Goods have been adjusted to meet your specifications or personalised.
  2. b) Purchases made in store can be exchanged but not refunded when returned within 14 days of purchase in unused condition. If no exchange can be made on the day a credit note will be issued for the original purchase price. This does not affect your usual consumer rights.
  3. c) You may cancel your Order for the Goods without giving any reason. The cancellation period will expire after 14 days from the day after the Goods are delivered to you or your nominated recipient. If your Order consists of multiple Goods this period will end the day after the last of the Goods are delivered.
  4. d) To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team .

If you cancel your Order we will reimburse you in full.

  1. e) We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including Paperwork, links, user manual, service papers and box as applicable). The Goods must be in their original condition.
  2. f) You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork then no refund will be given.
  3. g) Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  4. h) Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.

In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. 

  1. i) You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  2. j) Provided that you comply with the terms of this clause 7, you will be refunded in full within 14 days of the date we receive the returned Goods. We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.
  3. k) Advice about your legal rights is available from the Citizens' Advice Consumer Service (website adviceguide.org.uk) . Nothing in our Terms will affect your legal rights.
  4. l) When a credit note is issued it is valid for an unlimited time and may be used against any item that we have in stock. If for any valid reason you choose to return an item purchased with a credit note, another credit note will be issued. When selecting your purchase:

    m) If your credit note exceeds the purchase price of the stock item, no change will be given for the unused portion of the credit note. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.

    n) Where your credit note is less than the purchase price of the stock item, you must pay the outstanding payment balance. If you have a valid reason to return this item, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.

    0) It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the stock item to be collected or shipped. 

 

  1. OUR RIGHT TO CANCEL

We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.

If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment).

 

  1. WHAT IF THE GOODS ARE FAULTY

 

9.1 We are under a legal duty to supply you with products that are in conformity with the contract although you accept that the goods supplied are pre-owned items that may have been subject to normal wear and tear consistent with the age of the goods.

  1. a) You must therefore inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described (‘Faulty’) upon delivery or if you discover faults later.
  2. b) You must take reasonable care of the Goods and you must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant fault.
  3. c) On confirmation by us following inspection and/or testing that the Goods were Faulty on delivery and provided you were not made aware of the relevant fault at the time of purchase of the relevant Goods, you will be entitled to the following remedies:
  4. d) you may ask us to refund your payment if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
  5. e) you may ask us to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this is not possible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either a refund or repair;
  6. f) you may ask us to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either refund or replacement; or
  7. g) if we are unable to repair or replace the Goods after one or more attempts, you may ask us to refund your payment if the relevant Goods (including Paperwork, links, User Manual Services papers and box as applicable) are returned after 6 months of delivery.
  8. h) All refunds payable under this clause shall be paid 14 days of the Goods (including Paperwork, links user manual service papers and box as applicable) being returned to us following your election to receive a refund.
  9. I) Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
  10. j) If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
  11. k) If you buy several Goods from us as part of the same Order, and only some of these Goods are Faulty, you may return the Faulty Goods in accordance with this clause, but this does not entitle you to return other Goods which are not Faulty.
  12. l) To discuss a problem with your Order, please contact the sales advisor that dealt with your Order by telephone or by e-mail.

9.2 Warranty

  1. a) We provide either a full or limited warranty with our pre-owned Goods for a period of 12 months from the date of delivery in accordance with our Warranty terms and conditions. The warranty is non transferable.
  2. b) Our Warranty will not apply in the event that any repair (including replacement glass) or service is carried out by any party other than us or our third party providers.
  3. c) As a consumer, you have legal rights in relation to Goods that are Faulty. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website: www.adviceguide.org.uk or call on 03454 040506). Nothing in our Terms will affect your legal rights.

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

10.1  How we may use your personal information. We will only use your personal information as set out in our privacy policy on our website.

  1. OTHER IMPORTANT TERMS

 

11.1 Our Liability to you

 

We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to clause 9.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.

 

11.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.

11.2 ENTIRE AGREEMENT

These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

 

11.3 COMMUNICATIONS BETWEEN US

If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to info@watchesofwales.co.uk or by post to 35 Morgan Arcade, Cardiff CF10 1AF. We will confirm receipt of this by contacting you in writing, normally by e-mail.

If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you have given us.

 

11.4 WAIVER

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, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

11.5 SEVERABILITY

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

11.6 THIRD PARTY RIGHTS

Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

 

11.7 OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time.

You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies 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 those terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).

 

11.8 TRANSFER OF OUR RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

 

11.9 GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).