Watches of Bath Terms & Conditions For Consignment Sales
The following Terms and Conditions apply to the sale of watches by Watches of Bath (Retail) Ltd in its own name on behalf of the vendor (consignment).
- Conclusion of the Consignment Agreement
1.1 If a vendor wishes to sell their watch via Watches of Bath (Retail) Ltd, they may contact Watches of Bath and supply details of the watch via www.watchesofbath.com, by telephone or via the e-mail address provided on the website.
1.2 Once the vendor has supplied the required details of the watch, such as manufacturer, model, age and condition, Watches of Bath (Retail) Ltd will provide a copy of this form, which specifies the essential details and a preliminary market-value appraisal including a price range indicating a minimum sale price and the amount of sale fee payable.
1.3 The vendor may make Watches of Bath (Retail) Ltd an offer to enter into a consignment agreement entitling Watches of Bath (Retail) Ltd to offer the watch in its own name and on behalf of the vendor at a price not less than the specified minimum sale price.
1.4 Watches of Bath (Retail) Ltd may accept the vendor’s offer within 14 days from receipt of the watch. For this purpose, Watches of Bath (Retail) Ltd will notify the vendor by e-mail that the offer has been accepted.
1.5 If, after the inspection of the watch, the estimated sales price of the verified market-value appraisal is lower than the minimum sale price of the preliminary market-value appraisal, Watches of Bath (Retail) Ltd will contact the vendor to bring about an agreement on the minimum sale price.
1.6 If Watches of Bath (Retail) Ltd declines the vendor’s offer, it will also notify the vendor within 14 days after the receipt of the watch. In this case, Watches of Bath (Retail) Ltd will return the watch at its own cost, unless the vendor has provided inaccurate details or the authenticity of the watch is questionable. The vendor will bear the costs of the shipment, return shipment and the watch check in the latter case.
1.7 Watches of Bath (Retail) Ltd assumes no liability for damage or loss of additional documents or items provided by the vendor together with the watch, except for the value-increasing original warranty documents, original packaging and original equipment specific to the watch to be assessed.
2.1 The vendor warrants that the information provided by themselves under Clause 1.2 is accurate, that the watch is genuine, that they hold unlimited ownership of the watch and the sale of the watch will not violate any applicable laws (e.g. the wristband is made of leather from a protected species and has therefore been imported unlawfully).
3. Inspection of Goods on Consignment – Watch Check
3.1 Watches of Bath (Retail) Ltd will send a confirmation of receipt to the vendor no later than 48 hours after receipt of the watch.
3.2 The vendor grants their consent to Watches of Bath (Retail) Ltd to photograph, open and potentially polish the watch and to subject it to different tests (e.g. waterproofness, accuracy testing). It is the vendor’s responsibility to establish whether a manufacturer’s warranty will be forfeited under the manufacturer’s warranty conditions by the opening of the watch, and to make corresponding enquiries in this respect. Watches of Bath (Retail) Ltd will not be liable for any damages resulting from the forfeiture of the manufacturer’s warranty due to the testing of the watches.
3.3 The watch remains the property of the vendor until the sale has been completed.
4. Performance of the Consignment Agreement
4.1 Watches of Bath (Retail) Ltd will offer the watch for sale on consignment in its own name and on behalf of the vendor, during the sales period. Unless otherwise agreed, the sales period is 30 days. The sales period commences on the day the watch is listed by Watches of Bath (Retail) Ltd, i.e. the time when Watches of Bath (Retail) Ltd first offers the watch for sale on the market. The watch will be inspected pursuant to Clause 3 prior to listing.
4.2 Watches of Bath (Retail) Ltd is entitled to sell the watch without prior consultation with the vendor if the sale price at least matches the minimum price of the preliminary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6. Watches of Bath (Retail) Ltd will not sell the watch for a lower price without the vendor’s prior consent to a sale. Watches of Bath (Retail) Ltd is entitled to sell the watch for a lower sale price without first consulting with the vendor only if Watches of Bath (Retail) Ltd foregoes its sales fee amounting to the difference between the final sales price and the minimum sale price and if the final sales price and the sales fee are at least equal to the minimum sale price.
4.3 Watches of Bath (Retail) Ltd will promptly notify the vendor once the watch has been sold irrevocably. If the watch is purchased by a consumer, such consumer may revoke the purchase contract within 14 days. In this case, Watches of Bath (Retail) Ltd will notify the vendor upon lapse of the revocation period, or otherwise upon the conclusion of a purchase contract.
4.4 Watches of Bath (Retail) Ltd will pay the sale price less the amounts specified in Clauses 4 and 6 to the vendor as soon as the watch has been sold irrevocably. In the case of a consumer, this is upon the expiry of the 14-day revocation period. Section 392 (2) HGB does not apply.
4.5 Watches of Bath (Retail) Ltd will be responsible for the settlement of the account payable of the purchaser with whom Watches of Bath (Retail) Ltd transacts on behalf of the vendor.
4.6 Watches of Bath (Retail) Ltd assumes liability for warranty claims asserted by the purchaser. If a defect is due to a deviation from the quality guaranteed by the vendor pursuant to Clause 2, Watches of Bath (Retail) Ltd will be entitled to assert against the vendor a claim for reimbursement of the costs incurred by Watches of Bath (Retail) Ltd due to the assertion of warranty claims.
5. Sales Fee
5.1 Watches of Bath (Retail) Ltd is entitled to a sales fee in the agreed amount upon the watch being sold. The sales fee is inclusive of any VAT. Watches of Bath (Retail) Ltd is entitled to retain the sales fee from the final sale price. Watches of Bath (Retail) Ltd will also be entitled to the sales fee if the sales contract is rescinded due to a defect and the defect is due to a deviation from the quality guaranteed by the vendor under Clause 2.
6. Purchase by the Consignment Agent
6.1 Watches of Bath (Retail) Ltd are entitled to purchase the watch themselves from the time of the vendor’s making an offer pursuant to Clause 1.5. In this case, the purchase price must be at least equal to the minimum sale price of the temporary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6. Watches of Bath (Retail) Ltd must promptly notify the vendor if it intends to purchase the watch.
6.2 If Watches of Bath (Retail) Ltd desires to purchase the watch at a price lower than the minimum sale price of the preliminary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6, it may submit a corresponding offer to the vendor. A purchase agreement will then be concluded upon acceptance by the vendor.
6.3 Watches of Bath (Retail) Ltd is also entitled to a sales fee if it purchases the watch itself; the sales fee plus the amounts set forth in Clause 4 will then be deducted from the sale price.
7. Termination of the Consignment Agreement
7.1 The consignment agreement expires on the last day of the sales period if the watch remains unsold within the sales period.
7.2 Either party may terminate the consignment agreement for good cause. Good cause is established if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date in consideration of all circumstances of the individual case and upon balancing of the interests of both parties.
7.3 The vendor may – irrespective of the termination for cause under Clause 7.2 – terminate the consignment agreement by means of a written notification to Watches of Bath (Retail) Ltd, until the sale of the watch or until the receipt of the notification regarding Watches of Bath (Retail) Ltd intention to purchase the watch itself under Clause 6.1. In such event, Watches of Bath (Retail) Ltd shall be entitled to the sales fee under Clause 5.
7.4 Unless agreed otherwise between the parties, Watches of Bath (Retail) Ltd will return the watch to the vendor. Watches of Bath (Retail) Ltd will send the watch to the most recent address notified by the vendor, at the vendor’s expense. If the vendor is obligated to pay a sales fee, Watches of Bath (Retail) Ltd shall have a right of retention of the watch until the full payment is received.
7.5 The vendor is obligated to accept the return delivery of the watch after expiry of the sales period.
8.1 Watches of Bath (Retail) Ltd’s liability is limited as follows: Watches of Bath (Retail) Ltd is liable for wilful intent and gross negligence. Watches of Bath (Retail) Ltd is also liable for a negligent breach of obligations, the fulfilment of which is a prerequisite for the proper fulfilment of the agreement, the breach of which jeopardises the contractual purpose and compliance with which is ordinarily relied on by the vendor. Watches of Bath (Retail) Ltd is only liable, however, for the foreseeable and contractually typical damages. Watches of Bath (Retail) Ltd is not liable for a slightly negligent breach of obligations other than the aforementioned.
8.2 The aforementioned liability exclusions do not apply in the case of injury of life, limb or health. Liability pursuant to the Product Liability Act remains unaffected.
9. Final Provisions
9.1 If one of the contractual provisions is or becomes invalid or infeasible, the validity of the other provisions of this contract will remain unaffected. The invalid or infeasible provision will be deemed automatically replaced by such valid or feasible provision as comes closest to the commercial meaning and intent of the invalid or infeasible provision.
9.2 This agreement is governed by the laws of the U.K. Business transactions with consumers located within the European Union may also be governed by the laws at the consumer’s place of residence, to the extent that statutory consumer regulation is concerned.
9.3 For commercial vendors, the place of performance and legal venue is Bath, England. In case of doubt the U.K. version shall be binding.