1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If there is any term that you do not understand or do not accept, then please discuss this with us before placing your order by telephone 01225 536537 or by email email@example.com.
1.3 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual. You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information about us and how to contact us
2.1 Who we are. We are Watches of Bath (Retail) Limited a company registered in England and Wales. Our company registration number is 13458050 and our registered office is at 37 Great Pulteney Street, Bath, United Kingdom, BA2 4DA. Our registered VAT number is 385374267.
2.2 How to contact us. You can contact us by telephone at 01225 536537 or by writing to us at firstname.lastname@example.org or Watches of Bath (Retail) Ltd, Northgate House, Upper Borough Walls, Bath, BA1 1RG.
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 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.
Our contract with you
3.1 Our process
3.1.1. Our process in relation to taking orders for products not purchased via our online shop is as follows:
(i) You contact us using the ‘Contact us’ form on our website to register your interest in a watch;
(ii) We will provide you with details of your chosen timepiece and, if requested, provide photographs;
(iii) You confirm to us that you wish to proceed, at which point you will need to provide us with a valid copy of your proof of address and photo ID;
(iv) We will provide you with an invoice, you confirm your acceptance of the invoice and, if applicable, pay the non-refundable deposit which places the watch on hold for you for 48 hours;
(v) We then confirm receipt of your deposit and will contact you to agree definite arrangements for the date and method of delivery.
(vi) Once payment of the balance has been received by us in cleared funds we deliver your order.
3.2 How we accept your order. Our acceptance of your order will take place:
(i) if you have purchased online, when we email you to accept it; or
(ii) if purchasing using the process set out in clause 3.1.1, when we confirm receipt of your deposit or balance (whichever is the earlier),
at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by telephone or email and will cancel your order and will not charge you for the product. This might be because the product is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline or location that you have specified.
4.1 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. Products are not shown at actual size, where available dimensions are provided.
4.2 The packaging of the product may vary from that shown in images on our website.
5.1 The costs of delivery (where applicable) will be as displayed to you on our website or as set out in our invoice. Delivery to the UK is included free of charge.
5.2 During the order process we will let you know when we will provide the products to you. In general, UK deliveries are made using either a courier or Royal Mail’s special delivery. Once dispatched we will provide you with relevant delivery information. We do not offer delivery outside of the UK.
5.3 We are not responsible for delays outside our control. If our delivery of the products 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 If you would prefer to collect the products from our premises you should contact us to make an appointment. You will need to bring proof of ID (such as a driving licence or passport) when collecting products.
5.5 If no one is available at your address to take delivery, a note will be left informing you of how to rearrange delivery or collect the products from a local depot.
5.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
5.7 The products will be your responsibility from the time we deliver to the address you gave us or you collect them from us.
5.8 You will own the products once we have received payment in full.
5.9 We may need certain information from you so that we can supply the products to you, for example, your delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.1 We do not offer delivery outside of the UK.
Your rights to end the contract
7.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
7.1.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.1.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right to change your mind within 14 days of delivery of the products and receive a refund in accordance with our refund policy. This right is not available where you have examined the product in person prior to purchase.
7.1.3 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 7.1.2), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we will deduct from that refund the deposit or, if you have not paid a deposit, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.1 If you need to return a product please let us know by calling us on 01225 536537 or emailing us at email@example.com. Please provide your name, home address, details of the order (including the date that you received it), your phone number and email address.
8.2 You must return any products to us by posting them back to us at Watches of Bath (Retail) Ltd, Northgate House, Upper Borough Walls, Bath, BA1 1RG4 within 7 days of telling us you wish to end the contract and return the products.
8.3 We will only pay the costs of return if the products are faulty or misdescribed or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you are responsible for the costs of return.
8.4 We recommend that you use a tracked mail system when returning products and retain proof of postage. You must insure the products to their full value. You must ensure that you pack the products appropriately to prevent damage during transit. Any unauthorized, improperly packaged, or non-insured packages will not be eligible for return. Items that show signs of wear or have been altered or damaged in any way cannot be accepted for return.
8.5 When returning products for any reason you must ensure that all paperwork (including any guarantee) that is included with the products is also returned together with the original packaging.
8.6 Your right to return products does not apply to goods that are sold in the store.
8.7 All returns are subject to anti-fraud verification and authentication checks.
9.1 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we will deduct the non-refundable deposit and may make additional deductions from the price, as described below.
9.1.1 If you are a consumer exercising your right to change your mind:
(i) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.
(ii) We may reduce your refund of the price (excluding delivery costs) if you return the products with missing or damaged paperwork.
9.2 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. All refunds will be subject to the requirements of clause 8.6 and 8.7 having been met.
Our rights to end the contract
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a valid delivery address; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we will deduct the deposit and / or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Your rights in respect of defective products
11.1 You acknowledge that the products that we offer for sale are pre-owned. The condition of each product will therefore be unique. We recommend that you read the description of the condition of the product available on our website and review any photographs provided before committing to purchase. If you have any questions about the product, please contact us. You can telephone us at 01225 536537 or write to us at firstname.lastname@example.org.
11.2 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 If you are a business customer we warrant that on delivery the products shall:
11.3.1 conform in all material respects with their description and any relevant specification provided to you; and
11.3.2 be free from material defects in design, material and workmanship.
11.4 Subject to Clause 11.3, if:
11.4.1 you give us notice in writing within a 14 days of delivery that a product does not comply with the warranty set out in Clause 11.3;
11.4.2 we are given a reasonable opportunity of examining such product; and
11.4.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.5 We will not be liable for a product’s failure to comply with the warranty in Clause 11.3 if:
11.5.1 you make any further use of such product after giving a notice in accordance with Clause 11.4.1;
11.5.2 the defect arises because you failed to follow our, or the manufacturer’s, oral or written instructions as to the storage, use or maintenance of the product, or (if there are none) good trade practice;
11.5.3 you alter or repair the product without our written consent; or
11.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.6 Except as provided in this Clause 11, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 11.3.
11.7 These terms shall apply to any repaired or replacement products supplied by us under Clause 11.4.
Price and payment
12.1 The price of the product (which includes any VAT) will be the price indicated on the website page at the time you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you and give you the option of either continuing with your order at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you and you do not respond to our e-mail in relation to the pricing error within 5 working days, we will treat the order as cancelled, notify you by e-mail and refund any sums already paid within 14 days of the date your order is cancelled.
12.4 We reserve the right to take a non-refundable deposit of 10-25% of the purchase price depending on the value of the product and whether it originates from our on-hand inventory.
12.5 Payment must be made as follows:
12.5.1 For orders made via our online shop we accept payment with Visa or Mastercard.
12.5.2 For orders which are invoiced, payment must be made by BACS using the details set out on our invoice, or;
12.5.3 If collection in person is the preferred option, then payment via Visa or Mastercard can be made in store, however this will effect your rights to returs, as set out in Clause 8.6.
Products will not be dispatched until payment has been received in full; cleared funds if paying by BACS or receipt from card machine. All purchases are invoiced in UK pounds sterling.
12.6 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Our responsibility for loss or damage suffered by you if you are a consumer
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 If you are a consumer we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be as set out in clause 14.
Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
14.1.4 defective products under the Consumer Protection Act 1987; or
14.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in Clause 11.3 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to Clause 13.1:
14.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Governing law and jurisdiction
17.1 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17.2 If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.