Terms and Conditions
These Terms and Conditions (together with the documents referred to in it) set out the terms and conditions on which we provide Quotes, purchase and sell back Sale Items and supply any of the services listed on our website www.bqwatches.com (our site) to you (together the Services). Please read these Terms and Conditions carefully before using any Services from our site. You should understand that by using any of our Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply each and every time you use our Services and shall apply to and be incorporated into every Sale unless we inform you otherwise.You should print a copy of these Terms and Conditions for future reference.
1. Information about us
www.bqwatches.com is a site operated by Best Quality Watches Limited (we, us, our).
We are registered in England and Wales under company number 07067258 and with our registered office at 115b Drysdale Street, London, United Kingdom, N1 6ND.
2. Service availability
Our site is only intended for use by residents of the European Union. We do not accept orders from outside the European Union. In addition, some restrictions are placed on the extent to which we accept Sale Items from some countries within the European Union. For example, there may be restrictions on the trade and/or export of certain metals, art objects or other goods of historical and/or cultural interest. It is your obligation to acquaint yourself and comply with such restrictions and any applicable law, and to ensure that no Sale Item is exported or imported in violation with such restrictions.
In order to use the Services offered by our site, you are required to create an account (Account) by providing us with your email address and by selecting a password which will enable you to access your Account and profile. In order to activate your account, we will need to verify your email address by sending you a confirmation email.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorised access to your Account. You should keep your Account and password confidential and secure and let us know immediately if you suspect any unauthorised use of your Account or that your password has become known to anyone else. You are solely responsible for all use of our Services that occurs using your Account or password.
3. Information about you and your status
3.1 By using the Services through our site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are resident in the European Union; and
3.1.4 you are accessing our site from a country within the European Union.
4. Your item, quotes and how the contract is formed between you and us
4.1 General Overview
This Section 4 describes the process for selling your item to us.
If you are considering selling an item of yours to us, the first step is to provide us with a description and/or a picture of the item you wish to sell and request a quote setting forth the amount we are willing to pay for such item. Upon providing us with such description and/or picture, we may (i) provide you with a quote, (ii) contact you to request further information about the item in order to provide a quote or adjust a quote already given, or (iii) notify you that we are not interested in purchasing the item. If and once we have provided you with a quote, you may then offer to sell us your item at the quoted price. In such case, we will send a Special Delivery watch pack to an address you have chosen which must be in the European Union. Upon receipt of your item(s), we will inspect it, and following such inspection, we may (i) accept your offer to sell us your item at the quoted price, (ii) reject the item and send it back to you or (iii) provide you with a revised quote based on our inspection. If we provide you with a revised quote, you may elect to offer us the item for sale at the revised quote or request that the item be sent back to you.
If (i) we accept your offer to sell your item to us at the original quote or (ii) after inspection of your item we provide you with a revised quote, and you accept the revised quote, we will send you payment for the item pursuant to payment instructions provided by you.
For the purposes of these Terms and Conditions, a “Day” shall mean a period of twenty four (24) hours beginning from the time of the triggering event. For example, in the event that notification (a triggering event) is given at 1 p.m., a 10 day period will expire at 1 p.m. on the tenth day.
To request a quote (Quote) of what price we are willing to pay you (Quote Price) to purchase an item (Sale Item) you want to sell us, you will provide us with a complete and accurate description of the Sale Item and / or a clear photograph of the Sale Item. If we require further information before we can give you a Quote, or in order to re-evaluate a Quote we have already provided, we will inform you via email or telephone number(s) provided by you. After receiving such further information, we may provide you with a Quote, if one was not initially provided, confirm the Quote we have already provided or adjust the Quote we have already provided by providing a Revised Quote (as defined below).
By requesting a Quote, you represent and warrant to us that the statements made in Section 9.2 below are true and correct.
The decision of whether to provide you with a Quote and the amount of such Quote is at our sole discretion. We may decide to not supply you with a Quote for any reason or for no reason.
The Quote is provided to you for the purposes of selling your item to us via our site. You may not use the Quote for any other purpose nor may you rely on the Quote for any other matter, including without limitation, for insurance purposes. The Quote is calculated by our team of valuators for the purpose mentioned above and does not necessarily reflect the actual market value of the Sale Item.
4.3 Selling Your Sale Item
If you wish to sell us the Sale Item for the Quote Price you can inform us via telephone or email within 72 hours of us notifying you of the Quote Price. If you do not notify us within 72 hours of us providing you with a Quote and then wish to proceed, we reserve the right to offer a revised Offer Price. In such case, we may, in our sole discretion, not provide you with the same Quote Price or any Quote at all.
After informing us of your decision to sell us your Sale Item for the Quote Price within the above 72 hour period, we will confirm via email or telephone that we have received your decision. Please note that this does not mean that your offer has been accepted, and there is no obligation on our part to purchase the Sale Item.
4.4 Pickup of Your Sale Item
After informing us that you wish to sell us the Sale Item, you will provide us with details of the address to which we will send a Royal Mail Special Delivery pre-paid bag and details of your chosen method of payment for receipt of the Quote Price in the event that we accept your offer to sell us the Sale Item. The Sale Item will be sent only from an address in the European Union.
It is your sole responsibility to appropriately package the Sale Item and to ensure that the Sale Item is suitably packaged before being placed in the pre-paid Royal Mail Special Delivery bag provided by Us. In packaging the Sale Item you will give due consideration to the type and nature of the Sale Item particularly in terms of its handling, loading and transporting. For example, fragile Sale Items should be packaged in wooden or plastic boxes. It shall also be your responsibility to properly label the package and to provide instructions to Us for the proper and careful handling of the Sale Item. We will not be responsible for any damage caused to a Sale Item that was not properly packaged by you.
4.6 Shipping Process and Costs
If, prior to or after delivery to Our address of the Sale Item by Royal Mail, you are contacted by Us at any time you must contact us as soon as practicable to inform us of the details of such contact.
The contents of the Special Delivery bag provided by us are insured by Us from the point of reception of the Special Delivery bag by Royal Mail up to the point of signed for confirmation of delivery by Us to Our address.
4.7 Our Receipt of the Sale Item and Inspection
On receipt of the Sale Item, we will video record the opening of the package the Sale Item has arrived in and the removal of the Sale Item from its package. The video recording will be used to assist in verifying the content of the package sent by you to us. We will inspect and test the Sale Item following receipt. If the results of such inspection or testing cause us to be of the opinion that the Sale Item does not conform or is unlikely to conform with any description, specification or picture supplied by you to us or with any assumptions based on which we provided the Quote Price, we shall inform you and we shall be entitled to avail ourselves of any one or more of the remedies contained at Section 4.10.
In order to verify the condition of a Sale Item or the material from which a Sale Item may be 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 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.
4.8 Acceptance, Rejection or Revising the Quote Price
Following our inspection of the Sale Item, we may, in our sole discretion, do one of the following:
4.8.1 accept your offer to sell us the Sale Item at the Quote Price and send you payment;
4.8.2 reject the Sale Item and arrange for its return to you; or
4.8.3 revise the Quote Price and provide you with a different price we are willing to pay for the Sale Item (Revised Quote Price).
4.9 Acceptance; the Sale
Your notification to us, after your having been provided with a Quote Price indicating that you wish to sell us your Sale Item at the Quote Price constitutes an offer to us to buy your Sale Item (Offer). All such Offers are subject to acceptance by us and, in the event that we do accept your Offer, we will confirm such acceptance (if applicable) via telephone or email. The contract between us (Sale) will only be formed when we send you such confirmation (Acceptance Confirmation) that we shall purchase the Sale Item at the Quote Price.
If, following our inspection of the Sale Item, we provide you with a Revised Quote Price, a contract will only be formed upon your acceptance of such Revised Quote Price. See Sections 4.10 – 4.12 below.
The Sale will only relate to the Sale Item referred to in the Acceptance Confirmation. The Sale Item may be referred to by description or by reference to a unique number assigned to it.
Without prejudice to any other right or remedy which we may have, we shall be entitled, at our sole discretion, to reject the Sale Item and return it to you to the address from which it was sent for any reason or for no reason.
4.10 Rejection; Revised Quote Price
Without prejudice to any other right or remedy which we may have, if the Sale Item does not conform or is unlikely to conform with any description, specification or picture supplied by you, or with any assumptions based on which we provided the Quote Price, we shall be entitled to, at our sole discretion:
4.10.1 reject the Sale Item and return it to you; or
4.10.2 provide you with a Revised Quote Price.
Without limiting our sole discretion with respect to providing Quotes and the Quote Prices and Revised Quote Prices, it should be noted that for purposes of valuating a Sale Item, we may deduct up to 2% of the weight of any Sale Item provided to us (to the extent the weight is relevant for valuation purposes) if we believe that aftermarket metals, jewels or similar substances have accumulated on the Sale Item over time artificially increasing its measured weight.
4.11 Selling at the Revised Quote Price
In the event that you decide that you would like to sell the Sale Item at the Revised Quote Price, you can inform us of such via email or telephone within seven (7) days from the posting of the Revised Quote Price in the My Account Area. Upon your notification to us that you wish to sell us the Sale Item for the Revised Quote Price, a Sale will be formed between us for the sale of the Sale Item at the Revised Quote Price, pursuant to which we will send you payment.
4.12 Declining to Sell at the Revised Quote Price
If you do not wish to sell us the Sale Item for the Revised Quote Price you can inform us via phone or email within seven (7) days of us contacting you with the Revised Quote Price by post or email and we will return the Sale Item to you.
4.13 Informing Us of Your Decision
If you do not inform us via the My Account Area of your decision to sell or not sell us the Sale Item for the Revised Quote Price within seven (7) days of us notifying you of the Revised Quote Price, you will be deemed to have declined our offer to purchase the Sale Item at the Revised Quote Price, and we will contact you by telephone or email to arrange to return the Sale Item to the address provided by you. 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 Section 4.15 below.
4.14 Return of Your Item
If the Sale Item is to be returned to you pursuant to Sections 4.10, 4.12 or 4.13 above, and the packaged Sale Item weighs more than one kilogram, we reserve the right to require you to pay any extra Royal Mail delivery charges associated with the weight of the packaged Sale Item over and above one kilogram in advance of the Sale Item being returned. In such case, to the extent that the delivery charges are not paid by you, we shall be under no obligation to return the Sale Item. In the event that the delivery charges are not paid by you within thirty (30) days of our request of such payment, we may, in our sole discretion, dispose of the Sale Item in accordance with Section 4.15 below and may charge you for costs under Section 4.13.
4.15 Disposal of Your Item
If, pursuant to Section 4.13 above, you fail to inform us within seven days of our notification of the Revised Quote Price of your decision to sell or not to sell the Sale Item and we were unable to return the Sale Item to you as described in Section 4.13, or if you fail to pay in advance any delivery charges as required under Section 4.14, 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 including those listed at Section 4.13. 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.
4.16 Loss or Damage in Transit
4.16.1 Your Item Does Not Arrive or Arrives Damaged
If the Sale Item is picked up but fails to reach us for any reason, and such failure is known to us, or if the Sale Item arrives in a state which we determine to be damaged, we may conduct an investigation into such failure or into such damage. Such investigation may take up to 30 working days from the day on which such failure becomes known to us. In order to assist us in our investigation we may require certain information and documentation from you, including without derogating from the generality of the foregoing:
(i) a complete and accurate description of the Sale Item and how it was packaged, including materials and type of packaging;
(ii) a copy of the Royal Mail Tracking number and a copy of the Post Office Receipt confirming acceptance of the Royal Mail Special Delivery bag;
(iii) a signed declaration from you confirming that the Sale Item was legally owned by you;
(iv) a receipt, proof of purchase or proof of ownership of the Sale Item;
(v) a proof of your address (e.g., utility bill); and
(vi) a copy of your identity papers, which may include your driver’s license or passport.
A “working day” shall mean any day from Monday to Friday, excluding (i) national holidays in the United Kingdom and (ii) any other day on which the banks in the United Kingdom are closed.
4.16.2 Making a Claim
If it is found, following completion of an investigation pursuant to Section 4.16.1, that the Sale Item has been picked up by us and lost or totally and irreparably damaged (and provided that you have supplied us with the information set out at Section 4.16.1 to our satisfaction) you may make a written claim to us requiring us to reimburse you for the Sale Item in accordance with this Section 4.16.2. Following receipt of your written claim we will pay you the Quote Price or Revised Quote Price, as applicable.
In the event that you did not initially provide us with a clear photograph of the Sale Item, or in the event that the Quote Price was based upon unverified assumptions by the bqwatches.com valuation team, the amount of payment for any lost Sale Item will be at our sole discretion (Discretionary Price).
For the purposes of this Section 4.16, the parties acknowledge and accept that the Quote Price or Revised Quote Price, or the Discretionary Price, as applicable is fair and reasonable compensation for the loss of or total and irreparable damage to the Sale Item.
If it is found that you provided us with fraudulent statements with respect to the Sale Item, its ownership, condition, shipment or otherwise, you shall be responsible for all costs, losses and damages caused to us as a result of such fraudulent statements.
4.16.3 Recovery of Your Item After Reimbursement
In the event that you make a claim pursuant to Section 4.16.2 and we reimburse you for the Sale Item in accordance with Section 4.16.2, should the Sale Item be recovered by us or our Agents, you agree that the Sale Item shall be the sole property of bqwatches.com. In the event that the Sale Item is located by you or returned to you, you shall immediately inform us and you hereby undertake, immediately upon our request.