1 About Us
1.1 Best Quality Watches Ltd (company number 07067258) (we, us, our) is a company registered in England and Wales and our registered office is at 115b Drysdale Street, London, United Kingdom, N1 6ND. Our main trading address is 339 Watling Street, Radlett, WD7 7LB. Our VAT number is GB 9809 145 92. (us, we, our).
1.2 To contact us please email our customer service to [email protected] or call us on any of our designated telephone numbers which are available on our Website.
2.2 We retain the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
2.4 To promote the Website and to increase value to our Users we may display the services and goods on other Websites, in applications, within emails, and in online and offline advertisements. Our Website may also contain links to third party Websites and resources. Such Third-Party Services may be subject to different terms and conditions as well as different Privacy Policies. We are not liable or responsible for the contents, availability or accuracy of such Third-Party Services, or products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services and you should therefore
2.5 Due to the nature of the internet and other external factors, we cannot guarantee the continuous accessibility and uninterrupted availability of the Website. We may also restrict availability of certain areas or features of the Website at any time. We may also change, modify, enhance, improve, restrict and introduce new services or goods from time to time or introduce other services or goods supplied by other providers.
3 Terms of Business
3.1 Please read our Terms of Business carefully, as they contain important information about your legal rights, remedies and obligations. They will tell you who we are, what type of services we will provide to you, the scope of our services, how these will be provided to you, the terms of sale of goods and purchase of goods from you and how we may change these terms or end the contract with you, what to do if there is a problem and other important information.
3.2 By requesting our services, purchasing from us or selling to us, you agree to comply with and be bound by the Terms of Business. If you do not agree to these Terms of Business, you should not purchase goods from us, sell your goods to us or request our services.
3.3 We recommend that you print or save a copy of these Terms of Business for future reference.
3.4 We especially bring your attention to Clause 7 which refer to the limitation of our liability.
3.5 We also bring your attention that certain terms apply exclusively to consumers and certain terms apply exclusively to trade users. You will be advised when specific clauses apply to specific circumstances.
3.6 These Terms of Business will be made only in the English language.
3.7 No other terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Terms of Business unless expressly otherwise stated in these Terms of Business.
3.8 You must be at least 18 years old and be able to enter into legally binding contracts to access and use our Website. By accessing or using our Website, buying from us, selling to us or requesting us to provide you with the service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you act on behalf of the entity you also represent that you have the authority to legally bind that entity.
3.10 In accordance to the Consumer Contracts Regulations 2013 we must provide you with certain information so that a valid and legally binding agreement can be established between you and us. This required information is set out in our Terms of Business.
4 BUYING A WATCH
4.2 You are a consumer if you purchase the Goods for domestic and private use only. If you purchase the Goods as a consumer, you agree not to use the Goods for any commercial, business or re-sale purposes. Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 apply to consumers only and does not apply to Trade Users.
4.3 Before you are able to access and use certain features applicable to Trade Users you must create a Trade User account on our Website.
4.4 If you are creating a Trader User account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Business.
4.5 As a Trade User you will be entitled to certain discounts and offers that are not available to consumers. You agree and understand that as a Trade User you will also be entitled to different statutory rights which may be lesser than what a consumer would be entitled to and agree that any other statutory provisions intended for consumers only shall not be applicable to you as a Trade User when you purchase Goods from us.
4.7 You undertake and warrant that the information that you provide to us at any time is accurate, current and complete and that you will keep the Trade User account up to date at all times.
4.8 You may not register more than one Trade User account unless we expressly authorise you to do so and you may not assign or otherwise transfer your Trade User account to another party.
4.9 It is your responsibility to ensure that you maintain the confidentiality and security of your Trade User account credentials and do not disclose them to any third party. You must immediately notify us if you know or have any reason to suspect that your information or your log in details have been lost or stolen, compromised or misappropriated. You are liable for any and all activities conducted on your Trade User account unless such activities are not authorised by you or you are not otherwise negligent including but not limited in your failure to inform us of any potential or actual unauthorised use of your Trade User account or loss of your credentials.
4.10 You agree to indemnify us if we suffer a loss due to your failure to comply with Clause 4.7, Clause 4.8 and Clause 4.9.
Placing an order
4.11 We will take all reasonable care to ensure that all details, descriptions and prices of Goods that appear on our Website are correct at the time when the relevant information was uploaded onto our system. Although we aim to keep the Website as up to date as possible, the information appearing on our Website may not always reflect the position or the availability of the Goods at the time when you place an order. We are also unable to confirm the price of the Goods until your order is accepted in accordance with Clause 4.13.5. The listing of the Goods on our Website is an invitation to treat only.
4.12 The images of the Goods on our site 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 reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.13 You can place your order online. The technical aspects of placing your order and our acceptance of the order online will take place as follows:
4.13.1 Once you have selected the Goods of your choice, please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order subject to these Terms of Business.
4.13.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4.13.3 Before you are able to complete your order online, you will be requested to enter your payment details online. We will normally not collect your payment unless we have accepted your offer but preauthorisation may be still applied to your card at this stage.
4.13.4 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 4.13.5.
4.13.5 Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence for the Sale of Goods.
4.13.6 If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
4.14 You can place your order by telephone. The technical aspects of placing your order and our acceptance of the order by telephone will take place as follows:
4.14.1 Once you have selected the Goods of your choice online, please contact our customer services to indicate your interest to buy the Goods.
4.14.2 If we have the Goods in stock and are able to sell it to you, we will confirm this to you over the phone. We may have to call you back if we are unable to verify our stock availability immediately.
4.14.3 Before you are able to complete your order, you will be requested to provide your payment details so that you can pay for it either over the telephone or you will be provided with information on how to otherwise make arrangements for payment.
4.14.4 After you place an order and make the payment or the prepayment, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 4.14.5.
4.14.5 Our acceptance of your order takes place when we send the email to confirm that we have received your payment and that we accept it, at which point the Contract between you and us will come into existence for the Sale of Goods.
4.14.6 If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
4.15 You can place your order by attending our store. The same provisions will apply and offer will be accepted at the point when your payment for the Goods has been accepted at which point the contract for the Sale of Goods will come into force.
4.16 Non- acceptance of the order may be a result of one of the following:
4.16.1 The product is no longer in stock;
4.16.2 We are unable to collect your payment;
4.16.3 There was an error in the pricing or identification/description of the product;
4.16.4 You are unable to meet eligibility to order criteria set out in Clause 3.8 or Clause 4.4 if you have placed an ordered as Trade User;
4.16.5 We suspect fraudulent activity.
Price of Goods
4.17 The prices of the Goods will be as quoted on our site at the time you submit your order or as quoted over the telephone or in our store. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
4.18 The prices that we quote are in GBP. Payments must be made to us in GBP and any refunds will only be issued by us in GBP. We do not accept liability for fluctuations in the exchange rate, which may affect the price of the Goods or your refund.
4.19 We may change the prices for our Goods at any time, but changes will not affect any order that has been accepted by us.
4.20 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
4.21 The price of the Goods includes our standard delivery charges.
4.22 It is always possible that, despite our reasonable efforts, some of the Goods may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
4.22.1 where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
4.22.2 if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase 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 using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
4.22.3 if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel sale of the Goods and refund you any sums you have paid.
4.23 You can pay for Goods online using a debit card or credit card. We accept all major credit and debit cards.
4.24 If you prefer to make the payment by BACS, you may do so by obtaining our details from one of our customer service representatives. Please note we are not responsible if you make payments to the wrong account and we encourage you to verify our bank details in writing.
4.25 You can also make payment by cheque payable to BQ Watches Ltd. You will need to allow 10 days for the funds to clear into our account.
4.26 You may also make payment by Bankers draft made payable to BQ Watches. We will request our bank to authenticate it before we accept your offer.
4.27 Payment for the Goods and all applicable delivery charges is to be made in advance. We must receive cleared payment before we dispatch the Goods.
4.28 If we reasonably suspect a fraudulent payment, then we will not dispatch any Goods and we will not carry out any refunds until authorised by our bank.
Dispatch and Delivery
4.29 Once the payment has cleared and your order has been accepted, we will process your order for delivery. You will receive a dispatch confirmation email once your order has been dispatched. If you have placed your order before 3pm on a weekday, the Goods will normally be dispatched the same day and will be sent to you with next day delivery service. If you placed your order after 3pm on a weekday or over the weekend, it will be processed the next available weekday.
4.30 If you are based within UK we will use Royal Mail’s Next Day Delivery Service. The parcel will be Tracked and Insured for up to £25,000. If you require insurance that is greater than this, please contact us to arrange this. We reserve the right to charge you for the difference between our standard level of insurance and additional insurance required.
4.31 If you are based outside of UK, we will confirm the delivery date at the time of your purchase. Please contact us before placing an order if you order is time sensitive. If you are based outside the UK we will use a courier.
4.32 Goods may be collected from our offices but by appointment only for security reasons. You will need to bring your ID, proof of address and your card with which you have made the payment and any other documentation that you were instructed to bring in by the sales representative.
4.33 If you would like us to send the Goods to you by using different courier, we may be able to arrange this but it would be at your cost.
4.34 Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 8 for our responsibilities when this happens.
4.35 On dispatch of the watch, we will video record the packaging of the watch. The video recording may be used to assist us in verifying the contents of the package that we have sent to you and may be used as evidence in any disputes in relation to the Goods.
4.36 The Goods will be dispatched to the address that you have given to us in your Order. We will not be liable for any delay in delivery of the Goods that is caused by your failure to provide us with adequate delivery instructions or have provided wrong address. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder. We may in certain circumstances send the Goods to a work address but this will be at our sole discretion.
4.37 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods. Please note Delivery is complete once the Goods have been submitted/collected by the courier and the Goods will be at your risk from that time.
4.38 We deliver to other EU countries and may deliver to countries outside of EU at the sole discretion of the company (International Delivery Destinations). If you are based outside of the EU, please contact us to confirm if we deliver to your country. Please note that there may be restrictions on some Goods for certain International Delivery Destinations, so please ensure that your country can accept the delivery of the Goods before placing an order.
4.39 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
4.40 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4.41 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
4.42 Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
4.43 Our pre- owned goods come with either full or limited warranty for a period of 24 months from the date of delivery.
4.44 Our warranty does not apply to new Goods which are typically covered by a third-party manufacturer’s warranty.
4.45 In accordance to Consumer Contract Regulations 2013, if you are a consumer and you purchase our goods, you are entitled to certain cancellation rights when you buy online or by telephone:
4.45.1 You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
4.45.2 Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised. This doesn’t affect your statutory rights if goods are faulty or not as described.
4.45.3 If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
4.45.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address so that we can identify your order.
4.45.5 If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
4.45.6 If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply.
4.45.7 You should return the Goods to us in accordance to Clause 4.60.
4.46 If you are consumer, your right to return products does not apply to goods that are sold in the store unless store return policy applies at the time of purchase. This doesn’t affect your statutory rights if goods are faulty or not as described. Purchases made in store can be exchanged but not refunded when returned within 14 days of purchase in unused condition.
4.47 if you are a Trade User and you purchase our goods, you are entitled to certain cancellation rights in accordance to statute:
4.47.1 you will normally be unable to return the goods unless they:
4.47.2 Subject to Clause 4.11 and Clause 4.12 do not conform in all material respects with their description;
4.47.3 are not free from material defects in design, material and workmanship (other than the one that you were advised of at the time of placing an order;
4.47.4 are of not satisfactory quality (within the meaning of Sale of Goods Act 1979);
4.47.5 are not fit for any purpose held out by us (within the meaning of Sale of Goods Act 1979).
4.47.6 If you were specifically informed of the material defect in design, material or workmanship of the Goods before you have placed an order, your right to return order in accordance to Clause 4.47.1 will be limited to such extent as is reasonable.
4.47.7 You will have reasonable time to inspect and examine the Goods and given the nature of the Goods, we consider that 14 calendar days after the delivery of the Goods is reasonable.
4.48 This does not affect merchant guarantees and other express warranties that are given to you at the time of purchase.
4.49 These Terms also apply to any repaired or replacement Goods supplied by us to you.
4.50 You should inspect the Goods as soon as reasonably practicable and you must inform us promptly if the Goods are faulty or they are not as described.
4.51 If you are a consumer, in an unlikely event that the Goods that were sold to you are faulty, you have a legal right to a refund if you return your faulty Goods within 30 days of receiving it.
4.52 You may also ask us to replace the Goods but please note that we may be unable to replace the Goods given the nature of the Goods that we sell and given that all the Goods that are sold by us are strictly subject to availability. You may also ask us to repair the Goods, although we may be unable to do so if the repair would be impossible or would impose excessive costs on us. In such event your remedy will be limited to either refund or replacement (subject to availability).
4.53 If you do not reject the Goods within the first 30 days and find a fault within the first six months of possessing your fault Goods, you will need to give us an opportunity to either replace the item or repair it. If that is not successful, you will be entitled to a refund.
4.54 Please note that after 6 months if the item develops a fault and you wish to exercise your rights to cancel, you will need to prove that the Goods were faulty at the time you have purchased the Goods in store, or first took ownership of it if you have bought it online or over the telephone.
4.55 The Goods’ paperwork and packaging substantially increases the value of the Goods. If the remedy that is available to you is refund, please note that certain deductions may be applicable from the refund amount that would be due to you if you are unable to return the Faulty goods together with its original paperwork or packaging. 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.
4.56 This clause does not affect merchant guarantees and other express warranties that are given to you at the time of purchase.
4.57 Please note that if we have informed you that the Goods have certain fault with them at the time of purchase, the goods will not be regarded as Faulty Goods unless they have another fault than the one that has been notified to you at the time of your Order.
Returning the Goods
4.58 If your Goods are Faulty or you have cancelled your purchase, you must ensure that you take reasonable care of the Goods and you must return the Goods, together with all the paperwork, packaging, user manual and service papers as is applicable. You must return the Goods to us within 14 days of notifying us that they are faulty or that you wish to exercise your cancellation rights.
4.59 If you have cancelled your purchase, 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 should insure the Goods to their full value and ensure that they are packed appropriately to prevent damage during transit. The return postage will be at your cost. Please ensure that when posting the Goods back to us you use at least as secure courier services as the ones that we have used to send the Goods to you as we will not be responsible for the items lost or damaged in transit when you are posting them back to us.
4.60 If you are returning Faulty Goods 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. If you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £15 (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. We may also send you a pre-paid pack for you to return the Goods in, in which case you must use the pre-paid pack to do so.
4.61 If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch or returns. Please ensure that you correctly complete the relevant declarations. Any additional charges for customs clearance will be your responsibility. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
4.62 Upon receipt of the Goods we will need reasonable time to inspect the goods returned to ensure that they have not been altered in any way and that they are the same item that was sold to you. We may also make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary or negligent handling by you.
4.63 We will make any refunds due to you no later than 14 days after the day we receive back from you any goods supplied.
4.64 You may also return the item to us in-store.
4.65 These Terms also apply to any repaired or replacement Goods supplied by us to you.
5 PURCHASE OF WATCH
5.2 If you would like to sell your Sale Item, you will need to provide us with the detailed description of your Sale Item, including its make and model, its condition, and any other relevant information in respect to the Sale Item. You will also have facility to upload a picture of your Sale Item on our Website or email it to us.
5.3 Any information that you provide about your Sale Item should be as full and accurate and as truthful as possible. This is because any estimation or valuation that is given to you, is given in good faith by taking into account, without limitation information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate estimation which cannot be relied upon by you.
5.4 Once we have received the relevant information from you we will provide you with an estimate. We may require further information from you than what you have submitted to us online in order to be able to provide you with an estimate.
5.5 Any estimates are provided on a “subject to contract” basis, is provisional and is not legally binding. We reserve the right to amend or withdraw the estimate at any time without liability to you.
5.6 Any estimate that is given to you in respect to the Sale Items is at our sole discretion. We may also choose to not provide you with the estimate if we are not willing or able to purchase the Sale Item from you or for any other reason.
5.7 The purpose of providing an estimate is so that you and we can estimate the approximate amount that we will pay to you if we choose to purchase the Sale Item from you and is not provided for any other purpose. You may not use the estimation for any other purpose including without limitation for insurance purposes or to negotiate a sale price with us if you want to buy a watch from us.
5.8 Please note that an estimate is not a valuation of the Sale Item and it therefore may not necessarily reflect the actual market value of the Sale Item.
5.9 You accept and understand that even if we provide you with an estimate there is no obligation on our part to purchase the Sale Item from you and there is no obligation on you to sell the item to us.
5.10 If you are happy with the initial estimate, then you will need to arrange for the watch to be posted to our offices in accordance to Clause 5.10.
5.11 We will send you a discreet pre-paid pack which is tracked, insured up to £15,000 and guaranteed to be delivered to our offices the next working day. If you wish for the watch to be insured at a higher value, please contact us so that we can make the arrangements. We reserve the right to charge you for the additional level of insurance that we arrange on your behalf as per your request.
5.12 All Sale Items should be sent to our trading address which is BQ Watches, 1 Back Lane, Edgware, HA8 0HS or as instructed by us prior to your delivery (Delivery Address).
5.13 Please note that your postage of an item to us at the estimated price is your invitation to treat the Sale Item
5.14 On receipt of the Sale item, we will video record the opening of the package of the Sale Item and its removal from its package. The Delivery of the Sale Items will take place on completion of unloading the items from the packaging at the Delivery Address.
5.15 The video recording may be used to assist us in verifying the contents of the package that you have sent to us and may be used as evidence in any disputes in relation to the Sale Item.
5.16 Please ensure that the Sale Items are packed appropriately and in a manner, that will protect them sufficiently as we are not responsible for any damage to the Sale Item that was caused in transit.
5.17 We strongly advise that you send the Sale Item to us by post or courier that is trackable and insured. We also strongly advise that you retain evidence of postage as we cannot take responsibility for loss of the Sale Item until we have taken Delivery.
5.18 If you decide to decline our offer, we will return the Sale Item to you, subject to Clause 5.22. We will return the Sale Item to you by next day delivery, by using Royal Mail’s Tracked and Insured up to the value of £15,000 at our cost unless the Sale Goods were counterfeit in which case the cost of postage to returns the Sale Goods will have to be borne by you. The standard cost of return postage is £10. If you do not wish for the Sale Goods item to be returned to you, you may request us to dispose of the Sale Goods.
5.19 In the event that, after three attempts, we are unsuccessful in delivering the Sale Item to you, we reserve the right to charge you for the costs associated with storing and insuring the Sale Item and we may treat the Sale Item as abandoned and may dispose of it in accordance with Clause 5.33.
5.20 Upon receipt of the Sale Item, we will inspect the item (which includes physical inspection of the watch and may include search through the Watch Register). In order to inspect the Sale Item, including without limitation its functionality or material from which the Sale Item was made, it may be necessary for us to conduct certain tests on the Sale Item. Such tests may result in some markings left on the Sale Item or some minimal wear to the item. You hereby agree that if the Sale Item is returned to you, we will not held be responsible for any damage to the Sale Item or loss suffered by you as a result of the reasonable testing process. By way of example, if the Sale Item is a wrist watch, its inspection and / or testing may involve it being opened. By opening a water-resistant watch there is a risk that following its inspection and / or testing the watch will no longer be water resistant. If the watch is returned to you, we strongly advise you to replace the seal that prevents water from entering the watch or not expose the watch to water. We are not responsible for any losses you suffer (directly or indirectly) if such losses result from a watch no longer being water resistant after our inspection and / or testing of it.
5.21 Following such inspection, we may either:
5.21.1 Offer to buy your Sale Item at a price which is equal to estimated price;
5.21.2 Offer to buy your Sale Item at a price that is greater than the estimated price;
5.21.3 Offer to buy your Sale Item at a price that is lesser than the estimated price;
5.21.4 Decide not to make you an offer to buy the Sale Item from you; or
5.21.5 Secure the Sale Item but only subject to Clause 5.22.
5.22 We may have to secure your watch and inform the law enforcement if upon the search on the Watch Register’s database it appears that your watch may have been stolen. In this event, we will be unable to make you any payment and you will need to liaise with the Watch Register directly to resolve the issue. The Watch Register will normally provide you with assistance in negotiating an amicable settlement if you are holding the watch in good faith.
5.23 The increase in estimated price, or reduction of estimated price may be due to a number of factors including but not limited to the fact that information that you have provided to us at the time of initial estimation was not accurate, other factors that were not disclosed to us during the initial estimation, the Sale Item condition is different to the one that the sales representative anticipated it to be at the time of initial estimation and any other reason. The offered price will be based on the state of the Sale Item when it reaches the Delivery Address as defined below.
5.24 If we offer to buy your Sale Item you will be free to accept or decline our offer. If you accept our offer, it is at this point that a contract for sale will come into force and we will pay you for the Sale Item in accordance to Clause 5.30. If you decline our offer, the Sale Item will be posted back to you in accordance to Clause 5.18.
5.25 If you are not happy with the offer that we have made, you may offer us a counteroffer. We may then either accept your counteroffer (at which point a contract for sale will come into force), or decline your counteroffer.
5.26 If we decide to not make an offer to you or decline your counter offer we will return the Sale Item to you in accordance to Clause 5.18.
5.27 Our offers will automatically expire after 7 days after which you will be deemed to have declined our offer unless we have withdrawn our offer before its expiry.
5.28 Once we have agreed on the final price of the Sale Item and you have accepted to sell the Sale Item for that price (Price), we will process the payment to you for the Sale Item for the agreed Price.
5.29 If you wish to sell your Sale Item by bringing it to us, you will need to bring certain documentation which will include a form of your ID and a form of your Proof of address. If you wish to bring in the item to our Delivery Address, please contact us first to make an appointment.
Payment for Sale Item
5.30 We will pay for the Sale Item by BACS or Faster Payment to the bank account designated by you. It is your responsibility to ensure that the bank account details that you supply us with are accurate. We will not accept liability if you provide us with inaccurate bank details. The payment will be made on the day when you have accepted our offer and should be with you the same day subject to bank time frames.
5.31 The Price offered by us and all payments made by us will be in GBP. Please note we are not responsible for the exchange rate fluctuations and you are advised that the Price that you receive may be affected by such exchange rate. If we are making payments to an International Bank account, the payment will be made on an understanding that any applicable bank charges may be deducted from the Price by the bank as you will be responsible for the charges.
5.32 If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you and you agree to indemnify against such taxes, fees or charges.
Disposal of an Item
5.33 If we were unable to return the Sale Item to you as described in Clause 5.18, or if you fail to pay in advance any delivery charges as required under Clause 5.18, we may, in our sole discretion, sell the Sale Item and transfer all ownership in it and use the proceeds of sale to pay any costs incurred by us. We will hold any remaining balance for you. However, interest will not accrue to you on the balance. If the Sale Item cannot reasonably and economically be sold (for any reason whatsoever) or if it remains unsold, you hereby irrevocably authorise us to treat the Sale Item as abandoned by you and you irrevocably authorise us to destroy or otherwise dispose of the Sale Item at your cost.
5.34 You Confirm that
5.34.1 all the information supplied by you to us before conclusion of a contract is true, accurate and complete to the best of your knowledge;
5.34.2 you have not concealed any fact or matter concerning your identity or legal status and quality, history, authenticity of the Sale Item;
5.34.3 you have not failed to provide us with information that might be regarded by a reasonably buyer in our position as material, or otherwise likely to influence our decision to purchase the Sale Item;
5.34.4 you have the capacity to sell the Sale Item to us;
5.34.5 the Sale Items are free and will remain free until the time when the title passes to us from any charge, encumbrance, lien, burden, adverse claim, hire or any other financial agreement;
5.34.6 the Sale Item was not reported to the manufacturer, insurer, police or any other authority as lost or stolen;
5.34.7 the Sale Item was not an insurance “write-off”
5.34.8 the Sale Item was not subject to substantial remedial repairs, or has been altered or tampered with;
5.34.9 we will be able to enjoy quiet possession of the Sale Items;
5.34.10 Sale Items will correspond with its description;
5.34.11 Sale Items be of satisfactory quality;
5.34.12 Sale Items will be fit for purpose;
5.34.13 Sale Item serial numbers and documentation are original, genuine and accurate;
5.34.14 Sale Items will be free from defects in design, material or workmanship other than what could have reasonably been established when we carried out reasonable inspection;
5.34.15 You understand and accept that every element in the description of the watch, including its make, model. serial number, authenticity, design, material, are material when determining the estimate of the watch and that the absence or non-fulfilment of any such element renders the watch materially different to the one that you have agreed to sell to us.
5.34.16 You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us at which point we will be entitled to Remedies as described below.
5.35 In the event that we discover the conditions set out in Clause 5.34 are breached by you, we may, without prejudice to any other rights and remedies, rescind the contract(s) with you. If we choose to exercise this right, we will notify you by email as soon as possible upon discovery of such breach by us.
5.36 In this case, our obligation to pay you will also be rescinded. If we have already made payment, you must refund us the full purchase price paid within 14 days of receipt of notice from us. You will pay all amounts due to us 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.
5.37 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.
5.38 We may also terminate the contract with you, reject the Sale Items (in whole or in part) and return the items to you at your own risk and expense, to require you to provide a full refund of the Price if already paid by us to you, 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.
5.39 Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
5.40 Without prejudice to any of our other rights or remedies, we shall have a 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.
6 REPAIR SERVICES
6.1 We offer the following services together defined as Services:
6.1.1 cleaning and restoring shine to your watch;
6.1.2 the servicing and/or repair of your watch, which may involve without limitation an overhaul of the movement, the addition or substitution of parts or other work, changing of the battery, testing, adding or removing links, and any other work carried out on the watch including bracelets.
6.3 We are unable to give you a precise quote to you for the cost of Services until we have had reasonable opportunity to inspect the watch. Any quotation given before we had this opportunity will be an estimate quote only. (Estimate Quote). We will always endeavour to provide you with an estimate quote before you send us your watch.
6.4 Estimate Quote may be altered (reduced or increased) once we had an opportunity to inspect the watch.
6.5 The prices quoted are in GBP and we are not responsible for fluctuations of currency that affect the final price you will need to pay. The prices quoted include VAT (or similar sales tax) at a rate of 20% (or other prevailing rate). However, if the rate of VAT changes between the date of the quotation and the date of delivery or performance, we will adjust the rate of VAT that you pay for work to be carried out by us, unless you have already paid for the work in full before the change in the rate of VAT takes effect.
6.6 The fees quoted are excluding delivery costs which will be added to the total amount due. Delivery costs include delivery between you and us and delivery between us and the watch manufacturer.
6.7 So that we can inspect it and provide you with the precise Quote, you can either post the watch to us or bring it in to our trading address at BQ Watches, 1 Back Lane, Edgware, HA8 0HS.
6.8 On receipt of the watch, we will video record the opening of the package and its removal from its package. The video recording may be used to assist us in verifying the contents of the package that you have sent to us and may be used as evidence in any disputes in relation to the Services.
6.9 Once we have received your watch we will assess your watch to determine the scope of the work that is required and the nature of the Services required. This is not applicable if your instructions are limited to certain aspect of the Services i.e. if you have requested us to replace the battery.
6.10 We may need to dismantle your watch in order for us to provide you with the Service or assess the watch provide the Quote or carry out diagnostics.
6.11 Once we had inspected the watch and had established the nature of the Services required we will be able to provide you with a quote. (Quote);
6.12 If you are happy with the Quote provided and confirm the same to us, a contract for Services will come into force and we will commence the Service. We will commence work on the watch 14 days after you have instructed us to do so unless you expressly request us to commence the Service within the 14 days.
6.13 If you are not happy with the Quote provided, we will return the watch to you.
6.14 Before you request us to provide you with the Service, we ask that you refer to manufacturer’s warranty to ensure that you may not benefit from a warranty provided by the manufacturer first. We suggest that you refer to the manufacturer’s terms and conditions to confirm if you have warranty on your watch. If your watch is subject to manufacturer’s warranty, we will arrange for your watch to be sent to the manufacturer unopened unless you instruct us otherwise. If your watch needs to be sent to the manufacturer and it is already out of warranty this may increase the costs. If this is the case, we will notify you and will only send it to manufacturer with your consent.
6.15 We reserve the right to refuse to carry out any work on your watch for any reason. For example, we may not be able to offer refurbishment to certain watches or watches made of certain material. We will inform you accordingly and provide you with a full refund if you have paid us in advance.
6.16 Although we may obtain your instructions to commence the Services we may do so either orally or in writing, although we reserve the right to request that you confirm your instruction in writing before we proceed.
Performance of Services
6.17 We will use reasonable care and skill when we provide you with the Service.
6.18 We shall perform the Services within reasonable time taking into account that we may rely on a third-party provider to supply the parts that are necessary for us to provide you with the Services.
6.19 We will use reasonable endeavours to meet estimated completion date if it was given at the time when you enquired about Services or any time before we have entered into a contract of services. Please note that any time lines given for the work to be completion is an estimate only. Whilst we will give such date in good faith, you understand that our Services may be delayed due to factors that are outside of our reasonable control or due to delay of third party, such as manufacturer or provider of genuine or non-genuine parts. Our services may also be delayed by factors that are Outside of Our Control as defined in Clause 8.
6.20 Where in our opinion your watch requires replacement parts, we will fit only genuine and exact replacement parts whenever possible. If we are unable to do this, we will obtain your consent to use non-genuine parts before proceeding. If work carried out on your watch involves the replacement of components and you request the return of the original components to you, we will use reasonable endeavours to comply with your request though are under no obligation to do so. In particular, we have no control over third parties including manufacturers to ensure such requests are met. Many manufacturers will only supply parts on an exchange basis.
Payment for Services
6.21 Any payment for the Services will have to be made in advance and before we commence the work on your watch. Any addition fees incurred (with your consent) that are due to us, we will need to be paid before we can arrange to return your watch to you.
6.22 Payment can be made by debit/credit card or BACS.
Right to Cancel
6.23 You have the right to cancel this contract for any reason within 14 days from the day after the Contract for services come into force. This is called the Cooling Off Period. To exercise your right to cancel you must inform us by either calling us or by emailing us. Your intention to cancel the Services must be communicated to us before the cooling off period expires.
6.24 If you ask us to start carrying out work for you within the cooling off period, you will still have the right to cancel but we will be entitled to charge you for the work carried out to the date and time of your cancellation.
6.25 If we have completed the Services within the Cooling off period, you will lose the right to cancel the contract for services and the full fee will be due.
6.26 Once we have commenced the Services, if you choose to cancel the Services and ask for your watch to be returned to you before we had an opportunity to complete the Services the watch may be returned to you dismantled.
6.27 If you have asked us to cancel the service before we were able to complete the Services, with regard to any parts that we have supplied:
6.27.1 We may make a reasonable reduction in any reimbursement for the price of the parts to take account of any loss in value due to them being fitted into your watch;
6.27.2 It will be your responsibility to remove the parts from your watch, if we have returned it to you, and return them to us at your cost
6.27.3 You shall send the parts 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 parts before the period of 14 days has expired
6.28 If you have paid for the Services and you cancel in accordance to these Terms of Business, any refund that is due to you, will be refunded within 14 days.
6.29 We will aim to perform the Services within reasonable time. We will provide you with the timeline within which we should be able to complete the Services. Please note that our completion of services timelines may be affected by matters that are outside of our control and our duties and obligations in such event are set out in Clause 8.
7 Our Liability
7.1 The availability and use of the Website, Goods and Services is on an ‘as is’ and ‘as available’ basis.
7.2 Nothing in these Terms of Business limits or excludes our liability for:
7.2.1 death or personal injury caused by our negligence;
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
7.2.4 any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9, section 34, section 10, section 35, sections 11 and 36, sections 12 and 37, section 13, section 14, section 15, sections 17, section 41, section 28 and section 29 if you are a consumer.
7.2.5 any other liability that cannot be limited or excluded by law.
7.3 Subject to Clause 7.2 our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods, price of Sale Item or Service Item.
7.4 Except as expressly stated in these Terms of Business, we do not give any representations, warranties or undertakings in relation to the Goods, Sale Item or Service Item. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
7.5 We will subject to Clause 7.2 under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection Goods, Sale Item or Service Item for:
7.5.1 any loss of profits, sales, business, or revenue;
7.5.2 loss or corruption of data, information or software;
7.5.3 loss of business opportunity;
7.5.4 loss of anticipated savings;
7.5.5 loss of or damage to goodwill;
7.5.6 any indirect or consequential loss.
7.6 Some jurisdictions may not permit us to exclude or limit our liability for incidental or consequential damages, so the exclusion at Clause 7.5 may not apply to you. However please note that in such event 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.
7.7 If the Sale Item or Service Item is damaged after it is delivered to Delivery Address and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement. If we are unable to find the suitable replacement we will pay compensation to you for the item based on the actual loss you suffer which will not be greater than the market value of your watch reasonably estimated by us.
7.8 If the Sale Item or Service Item does not arrive to the Delivery Address we will assist you in good faith with the investigation on their failure to arrive at the Delivery Address.
7.9 If the Goods do not arrive to your address, we will assist you in good faith with the investigation on their failure to arrive and will liaise or assist you to liaise with royal mail for you to be compensated under Royal Mail’s insurance scheme.
7.10 Without prejudice to clauses set out above, we shall not be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with: (i) a failure by you to reclaim or pay for your watch within 12 months of the date of completion of the work; (ii) any sentimental or other non-commercial value stated by you to attach to your watch; (iii) the mechanical workings of your watch, either whilst the watch is in our possession or after work has been completed on your watch, unless you instruct us to carry out a full service of your watch which includes a complete overhaul of the movement; (iv) components not replaced by us; (v) any refusal by a manufacturer or other parties to carry out work under warranty or otherwise as a result of work carried out by or on behalf of us (including without limitation due to the addition of non-genuine parts with you consent); (vi) work carried out by us or others where you have been warned by us that such work may damage your watch, where you have nevertheless provided your consent for the work to be carried out; (vii) the instruction by us to a third party for work to be carried out on your watch on your behalf; or (viii) any that was not caused by our breach of these terms.
8 Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
8.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
8.2.1 we will contact you as soon as reasonably possible to notify you; and
8.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.2.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
9.1 If you are a Trade User, you may terminate this agreement at any time by deleting your Trade Account. You understand that if you delete your account, these Terms of Business will still apply to any active orders, sales or services that you have with us.
9.2 We may terminate this Agreement by giving you 30 days’ notice via email to your registered email address on the Trader Account subject to Clause 9.3.
9.3 We may terminate this Agreement without notice if you have materially breached your obligations under these Terms of Business or any of our Policies as in force at the time or if we believe, in good faith, that such action is reasonably necessary to protect the personal safety or property of us, our staff, clients or payment provider and any other third party involved in the provision of any services for the facilitation of these Terms of Business.
9.5 If you or we terminate this Agreement, the clauses of these Terms of Business that reasonably should survive termination of the Agreement will remain in effect.
10 Communication between us
10.1 When we refer to “in writing” in these Terms of Business, this includes email.
10.2 Any notice or other communication given by one of us to the other under or in connection with these Terms of Business must be in writing and sent by email.
10.3 A notice or other communication is deemed to have been received at the time it was received by us.
10.4 In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
10.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action in which case normal service procedures.
11.1 Without prejudice to any other rights and remedies we will have lien over all your items in our possession which are the property of you to secure payment whilst there are fees owed to us.
12 Assignment and Transfer
12.1 We may without restriction assign, transfer or delegate our rights and obligations under these Terms of Business to another entity. You will be able to terminate your Agreement if you will not agree with such assign, transfer or delegation.
12.2 You may not assign, transfer or delegate your rights and obligations under these Terms of Business without our prior written consent.
13.1 We reserve the right to change these Terms of Business at any given time.
13.2 We may change these Terms of Business from time to time by posting a revised version of it on our Website. You will be able to see the most up to date version of the Terms of Business and the date and time of when these Terms of Business have become effective.
13.3 Unless we have to do so without notice to comply with legal or regulatory requirements, we will confirm the date when the revised Terms of Business come into effect (Effective Date) and will provide you with at least 30 days’ written prior notice of the Effective Date of the revised Terms of Business.
13.4 We may post the notice of the updated Terms of Business on our Website and/or we may notify you of the change by e-mail, to the e-mail address you have used to register your User account or Trade User Account. We will also confirm the effective date of the Terms of Business and your right to terminate the Agreement if you are unhappy with the change of the Terms of Business.
13.5 If you access or use our Website or continue to buy from us, sell to us or use our services before the Effective Date you will be considered as having consented to all the changes to these Terms of Business.
13.6 If you disagree with the revised Terms of Business, you will be able to terminate this agreement. If you do not agree with the revised terms you must not use the Platform. If you do not agree to the changes in the Terms of Business you will be able to close your account at any time.
14 Entire Agreement
14.1 Except as they may be supplemented by additional terms and conditions expressly to which these Terms of Business refer, policies, guidelines or standards, these Terms of Business constitute the entire Agreement between us and you pertaining to the provision of Services, Sale of Goods or Purchase of Goods and supersede any and all prior oral or written understandings or agreements between you and us in relation to the access to and use of our Website.
15 Third Party Rights
15.1 Unless it expressly states otherwise, these Terms of Business do not give rise to any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
16.1 If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
16.2 Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Business.
17.1 If we do not insist that you perform any of your obligations under these Terms of Business, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations unless acknowledged and agreed by us in writing. Except as expressly set forth in these Terms of Business, the exercise by either party of any of its remedies under these Terms of Business will be without prejudice to its other remedies under these Terms of Business or otherwise permitted under law.
18.1 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.
19 Governing Law
19.1 These Terms of Business, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
20.1 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Business.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of our Website.
21 Feedback and Review
21.1 We welcome and encourage you to provide feedback, comments and suggestions of how we can improve our Website, our Services and our Goods. You may submit feedback by e-mailing to us. By submitting your feedback or suggestions you grant as a non-exclusive, worldwide, royalty free, irrevocable sub licensable, perpetual license to use and publish those ideas for any purpose. You undertake and understand that if we do so there will be no compensation due to you and that any feedback submitted by you to us is non- confidential and not proprietary material to you.
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