My Cart

Close
***** PLEASE NOTE OUR HIGH STREET SHOP IS OPEN AS NORMAL *****

Terms and Conditions

Terms and conditions for buying a watch
It is important that you read and understand these terms and conditions before you place an Order with us. By ordering any of our Goods, you agree to be bound by these terms and conditions.

Please ensure that you review Clauses 14 and 15 as they include important limitations on, and exclusions of, our liability.

  1. DEFINITIONS
    1. When the following words are used anywhere in these Terms, they will have the meanings set out below:
      Event Outside Our Control:is defined in clause 15. 
      Goods: the watch, watch winder, watch accessory or other goods that we are selling to you as set out in the Order. 
      Order: your order for the Goods. 
      Paperwork: the original warranty certificate of the Goods, which includes: (1) the name of the authorised dealer that originally sold the Goods; (2) the serial number of the Goods; and (3) the date of original sale of the Goods. Paperwork does not include the user manual or any service papers.
      Terms: the terms and conditions set out in this document. Jamie the Jeweller, we, us, our: Jamie the Jeweller t/as Harry’s Jewellers. 
      Website: the website at the domain www.jamiethejeweller.co.uk. 
      Work: servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or other work as applicable. 
    2. Clause headings shall not affect the interpretation of these Terms.
    3. A reference to writing or written includes e-mail.
    4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
    5. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  1. OUR CONTRACT WITH YOU
    1. Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.
    2. You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.
    3. When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 2(d).
    4. If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
    5. All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount within 5 Working Days of cancellation (unless we reasonably suspect a fraudulent card payment, see clause 16).
    6. In some instances a non-manufacturer strap may be fitted to a watch.
    7. All Goods will remain available for sale on our website until you have paid the balance in full, irrespective of any third party finance application made by you.
    8. The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
    9. The packaging of the Goods may vary from that shown on images on the Website.
    10. Where our Make An Offer facility is enabled on our Website and you wish to use this facility, please first take the time to read and understand our Make An Offer terms and conditions.
    11. We cannot guarantee that boxes and/or other packaging supplied are authentic.
  1. PRICE AND PAYMENT
    1. The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
    2. The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.
    3. The price quoted includes VAT (or similar sales tax) at the prevailing rate. If the rate of VAT changes between the date of your Order and the date of dispatch, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
    4. It is always possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before we dispatch the Goods so that where the Goods’ correct price is less than the price stated on our Website or in your Order, we will charge the lower amount. If the Goods’ correct price is higher than the price stated on our Website or in your Order, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing with your Order for the Goods 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 (unless we reasonably suspect a fraudulent card payment, see clause 16).
    5. 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. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:
    6. Credit card or debit card:Payments must be 3D secure.
    7. Cash:We accept cash payment up to a maximum of £9,000.00. You will be asked to provide evidence of identity and proof of address for all cash payments of £2,000.00 or more;
    8. Cheque:Payable to ‘Harry’s Jewellers’ Please allow up to 9 Working Days for funds to clear into our account;
    9. Bankers draft:Payable to ‘Harry’s Jewellers.’ All drafts will be authenticated by our bank before the Goods are dispatched;
    10. 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;
    11. Part exchange:Where your purchase of the Goods also involves your sale of a watch, we can accept your current watch as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your watch before your Order is confirmed. Where your part exchange allowance exceeds the purchase price of the Goods, we will issue you with the appropriate credit by bank transfer. Where your part exchange allowance is less than the purchase price of the Goods, you can pay the outstanding balance using another method listed above. Our Sell Your Watch terms and conditions also apply; or
    12. The Order Summary page of our Website will give you a breakdown of the price of the Goods and any credit card surcharges and will display a total amount payable.
    13. If we agree that you can pay by way of an initial deposit and if after paying the initial deposit for the Goods we do not receive the balance payment in full and cleared funds within 14 days of our receipt of the deposit payment from you, then we reserve the right to cancel your Order and relist the Goods for sale on our Website. We will give you at least 3 days’ notice by e-mail before we do this and we will refund your deposit within 14 days of the date your Order is cancelled (unless we reasonably suspect a fraudulent card payment, see clause 16).
  1. DELIVERY
    1. Delivery dates will vary depending on the availability of the Goods, Work required and your address. Prior to accepting your Order, we will contact you with an estimated delivery date. All dates quoted by us for dispatch and delivery of the Goods, though given in good faith, are estimates only and in exceptional circumstances delivery may take up to 2 months from acceptance of your Order. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 15 for our responsibilities when this happens.
    2. Deliveries within the UK are made using the Royal Mail's Special Delivery™ service. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions.
    3. 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 carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
    4. We will deliver the Goods to the delivery address given in your Order. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder, though we will use reasonable endeavours to send the Goods to an alternative address where requested provided you comply with our dispatch department’s reasonable instructions.
    5. Goods may be collected from our shop. You acknowledge that we will not be liable for losses you incur including travel costs.
    6. Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our offices (by you or your representative).
    7. If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
    8. The Goods will be your responsibility from the completion of delivery.
    9. You own the goods once we have received payment in full.
  1. MANUFACTURER WARRANTY
    1. Some of the Goods we sell come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the Paperwork provided with the Goods or to the manufacturer’s website.
    2. As a consumer, a manufacturer's warranty is in addition to your legal rights in relation to goods that are faulty or not as described.
  1. Our WARRANTY
    1. 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. Please take the time to read and understand these terms. Our warranty doesn’t apply to new Goods which are typically covered by a third party manufacturer’s warranty.
    2. As a consumer, the warranty we provide is in addition to your legal rights in relation to Goods that are faulty or not as described.
  1. WATER RESISTANCE
    1. Where your Order for Goods includes a wrist watch (‘Watch’), you should be aware that water resistant watches are not water proof. For example, Watches advertised as water resistant to 30 metres (100 feet/3 ATM) can only withstand splashes. All Watches sold by us are subject to our categorisation as detailed in the glossary available on our Website.
    2. All our watches are tested prior to sale to ensure that the advertised water resistance is accurate. You acknowledge and accept that we will not replace seals and/or gaskets or other parts if the Watch passes our tests before dispatch.
    3. Waterproofing (or “water resistance”), are described either in meters, or in bars (1 bar = 10 m = approx. 33 ft). It is important to note that the indication of the degree of water resistance in meters is a technical norm which does not correspond to an exact depth. “Water-resistant to 10m” does not mean that the watch can be worn to this depth, rather it indicates that the watch will resist pressure equivalent to a static immersion up to 10m deep. The wearer’s movements (diving, jumping, swimming, etc) as well as the force of the water (shower jets, river currents, waterfalls, etc) can considerably increase the pressure.
    4. Where your watch is certified as Water Resistant its water-resistance is ensured by a series of seals. Before any contact with water, it is essential to ensure that the crown and pushers of your watch are pushed in or screwed down, depending on model. When your watch is under water, do not activate the push-pieces for the chronograph function, the minute-repeater or the second time zone. After swimming, make sure to rinse your water-resistant watch in fresh water so as to neutralise the potentially corrosive effects of sea-water or chlorine. The water-resistance seals of your certified Water Resistant watch undergo natural deterioration due to ageing. It is therefore recommended that you have a regular water-resistance check performed once every year if your watch is worn during sporting activities or frequently comes into contact with water, or once every two years when worn in normal conditions. Never try and open the case yourself. In the event of water or condensation appearing under the glass, take the watch as quickly as possible to an authorized maintenance centre to prevent further damage.
  1. BRACELETS SIZES
    Given the nature of our Goods, bracelet sizes may vary as they are not always supplied to us with a full accompaniment of links. A bracelet size will be requested from you before your order is dispatched or taken from a part exchange and we will endeavour to size the watch to the requested size. Where a watch is advertised as having seals intact the bracelet will not be adjusted. Where the size exceeds our standard size, links will be supplied at your cost or at our discretion. If no bracelet size is given any additional links will be chargeable.
  1. PAPERWORK DATE
    1. If the Goods are sold with Paperwork, the age of the Goods is calculated from the date given on the Paperwork, which is when the Paperwork is officially stamped by the authorised dealer (‘Age’). You acknowledge that the date of manufacture may be significantly earlier than the Paperwork date.
    2. If the Goods are sold without Paperwork, it can be difficult for us to calculate the Age of the Goods, particularly for vintage Goods. While the Age has been given in good faith (calculated by reference to the serial number if reasonably practicable, owner information or other indicators), you acknowledge that the Age of the Goods listed on the Website is an estimate only.
    3. If the Goods are sold without Paperwork, no representation or warranty, express or implied, is made by us in relation to the accuracy of the Age of the Goods.
  1. FAULTY GOODS
    1. We are under a legal duty to supply you with products that are in conformity with the contract.
    2. You must 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.
    3. 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 Faulty Good.
    4. 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 Good, you will be entitled to the following remedies:
    5. you may ask us to refund your payment less any reasonable deduction in accordance with clause 11(j) for loss of or damage to Paperwork if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
    6. 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 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 a refund or repair subject to the terms set out in this clause 11;
    7. 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 subject to the terms set out in this clause 11; or
    8. if we are unable to repair or replace the Goods after one or more attempts, you may ask us to refund your payment less: a) any reasonable deduction in accordance with clause 11(j) for loss of or damage to Paperwork; and b) any reasonable deduction for wear and tear through use which will not exceed £90 (which equates to the cost of a refurbishment) if the relevant Goods (including Paperwork, links, User Manual Services papers and box as applicable) are returned after 6 months of delivery.
    9. All refunds payable under this clause 11(d) 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.
    10. 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, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
    11. We reserve our rights to reduce any remedies under clause 11(d) if Paperwork is missing or damaged.
    12. 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.
    13. 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.
    14. If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £12 (although this may be reviewed on a case by case basis) provided you comply with our reasonable return instructions and you provide us with a copy receipt.
    15. Given our reliance at times on third parties and a world-wide shortage of watchmakers, you acknowledge that a reasonable time for completion of a repair may extend to several months for Events Outside Our Control, for example where manufacturer involvement is necessary to carry out the repair (including in the sourcing of parts).
    16. 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 11, but this does not entitle you to return other Goods which are not Faulty.
    17. To discuss a problem with your Order, please contact us on 01896 208050
    18. As a consumer, you have legal rights in relation to Goods that are Faulty.
  1. YOUR RIGHT TO CANCEL
    1. 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.
    2. To exercise the right to cancel you must inform us, please call 01896 208050
    3. If you cancel your Order we will reimburse you in full.
    4. 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.
    5. 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, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
    6. 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.
    7. 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.
    8. 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.
    9. Provided that you comply with the terms of this clause 12, you will be refunded in full within 14 days of the date we receive the returned Goods or from when we receive proof that you have sent the goods back to us, whichever is the earliest. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
  1. OUR RIGHT TO CANCEL
    1. We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control. We will contact you as soon as possible if this happens.
    2. 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, see clause 16).
  1. OUR LIABILITY
    1. 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.
    2. 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.
    3. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 14(b) may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when we entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
    4. Our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.
  1. EVENTS OUTSIDE OUR CONTROL
    1. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
    2. An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute, acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail.
  1. FRAUDULENT PAYMENTS
    If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Goods and we will not carry out any refunds until authorised by our bank.
  1. 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.
  1. COMMUNICATIONS BETWEEN US
    1. 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 emilymcgowan@me.com
    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have given us.
  2. WAIVER
    1. 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.
    2. A waiver by us of any default will not constitute a waiver of any subsequent default.
    3. 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.
  1. 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.
  1. 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.
  1. OUR RIGHT TO VARY THESE TERMS
    1. We have the right to revise and amend these Terms from time to time.
    2. 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).
  1. 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.
  1. GOVERNING LAW AND JURISDICTION
    1. 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 Scotland.
    2. The parties irrevocably agree that the courts of Scotland 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).
    3. Although you agree that these Terms are governed by and construed in accordance with the law of Scotland and that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation.

 

TERMS AND CONDITIONS FOR SELLING YOUR WATCH

Jamie the Jeweller is a trading name of Harry’s Jewellers, 13 Channel Street, Galashiels TD1 1BQ. Our VAT number is 232488112.

As a consumer, nothing in these Terms will affect your legal rights.

SELL YOUR WATCH
These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.

If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.

These terms and conditions should be read in conjunction with our “Privacy Policy” and “Terms of Website Use” terms and conditions.

Please ensure that you review clauses 14 and 18 as they include important limitations on, and exclusions of, our liability.

  1. INTERPRETATION
    1. Clause headings shall not affect the interpretation of these terms and conditions.
    2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  1. OUR CONTRACT WITH YOU
    1. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make and condition, by either entering details on the “Sell Your Watch” page on our website or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell.
    2. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
    3. You will then receive either an e-mail with an initial valuation.
    4. Any valuations are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
    5. If you are happy with the initial valuation, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below.
    6. On receipt of your watch at our offices, purchase of your watch is subject to due diligence checks including a search through The Watch Register(a subsidiary of the Art Loss Register) and also to an inspection. Please note: should your watch match an item on The Watch Register’s database of stolen watches then we will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment will be made and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance to any good faith holders in negotiating an amicable settlement. As soon as a clear check result is received, an inspection of your watch and any accompanying paperwork will then be carried out. We will then contact you with a final valuation for your watch. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.
    7. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
    8. If you wish to proceed with a sale and accept our final valuation, we will arrange to pay you the agreed sum by bank transfer (see “Payment” below). The contract between us will only be formed when you have accepted the final price quoted and the sum has been paid. We will then send you an e-mail confirming when payment has been made, the sum paid and the payment method.
    9. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below.
    10. Please note that if you visit the shop in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.
  1. PRICE AND PAYMENT
    1. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
    2. We will make payment to the bank account advised by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.
    3. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.
    4. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, you must refund us the full purchase price paid within 7 days of receipt of notice from us. If the sale involved a part-exchange, please see “Part-Exchanges” below.
    5. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
    6. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).
    7. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
    8. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.
  1. DELIVERY
    1. You will deliver the items:
    2. to our shop at 13 Channel Street, Galashiels, TD1 1BQ or as instructed by us prior to delivery (Delivery Location); and
    3. during our normal business hours or as instructed by us.
    4. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).
    5. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.
    6. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location.
    7. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale and are based within the UK, we will not make a charge for the postage, packaging and insurance costs of returning the items to you, unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special Delivery TM service to addresses in the UK
    8. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location.
    9. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.
    10. In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.

Risk and title

  1. Your watch will be our responsibility from the time of delivery to the Delivery Location.
  2. Ownership of the watch will pass from you to us when the contract is concluded between us as described above under “Our Contract With You”.
  1. THE ITEMS
    You will ensure that the items will:
    1. correspond with their description;
    2. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and
    3. be free from defects in design, material and workmanship.
    4. In some instances a non-manufacturer strap may be fitted to a watch.
  1. YOUR UNDERTAKINGS
    You confirm that:

Information supplied by you

  1. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
  2. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;

Title

  1. the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
    1. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
    2. the watch is not subject to an undisclosed finance agreement; and
  • no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;

Condition

  1. there are no undisclosed physical defects with the watch;
  2. the watch has not been an insurance “write-off” or subject to substantial remedial repairs;
  3. the watch has not been altered or tampered with;

Authenticity and provenance

  1. you accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and
  2. the serial numbers and documentation are original, genuine and accurate.

You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.

  1. REMEDIES
    1. If the items do not comply with clause 6 (The Items) and the undertakings set out in clause 7 (Your Undertakings), then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:
    2. to terminate the contract;
    3. to reject the items (in whole or in part) and return them to you at your own risk and expense;
    4. to require you to provide a full refund of the price of the rejected items (if paid);
    5. to recover from you any costs incurred by us in obtaining substitute items from a third party; and
    6. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
    7. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
  2. LIEN

Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.

  1. PART-EXCHANGES
    1. For details of how the contract is made and the terms and conditions applicable, please see “Our Contract With You” above.
    2. A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, we may at our sole discretion offer either a return of your watch or payment of the part exchange allowance.
    3. In the event that we discover that the watch you are selling us in part-exchange is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option to rescind either or both contracts and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, you must refund us all sums paid by us to you within 7 days of receipt of notice from us. If we have already dispatched the watch you sought to purchase from us, you will further need to either return this watch to us or pay us the full purchase price for this watch.
    4. Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.
  1. PROOF OF IDENTITY
    1. If you visit our shop in order to sell your watch, we will need you to produce two forms of original identification during your visit. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.
    2. It will be necessary for you to produce the original of one document from each of the following two categories:

Proof of identity

  1. Current valid passport
  2. Current driving licence
  • Other (e.g. known employer identity card with photo and signature)

Proof of address

  1. Recent utility bill
  2. Council tax bill
  3. Bank statement
  1. LOSS OR DAMAGE
    1. If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.
    2. We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.
  1. OUR LIABILITY
    1. Subject to clause 14(b), 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, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions.
    2. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you sold an item either to or through us.
    3. Subject to clause 14 (d), our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant).
    4. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).
  1. ENTIRE AGREEMENT
    1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
  1. CONFLICT WITH OTHER AGREEMENTS
    This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.
  1. NO PARTNERSHIP OR AGENCY
    Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
  1. EVENTS OUTSIDE OF OUR CONTROL
    We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central government or other competent authorities. This does not affect your statutory rights.
  1. COMMUNICATIONS BETWEEN US
    1. When we refer, in these terms and conditions, to "in writing", this will include e-mail.
    2. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to emilymcgowan@me.com
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  1. WAIVER
    1. 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.
    2. A waiver by us of any default will not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  1. 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.

  1. VARIATION
    No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
  1. THIRD PARTY RIGHTS
    This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    1. We have the right to revise and amend these terms and conditions from time to time.
    2. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions 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 policies or these terms and conditions before you agree to proceed with a sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).
  1. GOVERNING LAW AND JURISDICTION
    1. This agreement 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 Scotland.
    2. The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
    3. Although you agree that this Agreement is governed by and construed in accordance with the law of Scotland and that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.