Terms And Conditions

PREVIOUS VERSIONS

• March 2024

CONDITIONS OF SALE

ABOUT THESE CONDITIONS OF SALE

These Conditions of Sale apply to any sales of Watchfinder (as defined below) products or services that you may order from our Selling Entity (as defined below), using this website and any associated mobile or digital applications that refer to these Conditions of Sale (the “Platforms”) or by telephone or via our Sales team (together with the Platforms, the “Sales Channels”).

The entity that will sell the products (as defined below) to you will depend on the location of the product address to which you wish to ship the products (“Watchfinder”, “us”, “our”, “we”, the “Selling Entity”):

For purchases with delivery to addresses in the United Kingdom: Watchfinder.co.uk Limited registered at 15 Hill Street, London W1J 5QT.

For purchases with delivery to addresses in Italy: Watchfinder Europe B.V., Branch of Italia, Via Benigno Crespi 26, 20159, Milano, Italia.*

For purchases with delivery to addresses in France: Watchfinder Europe B.V., registered at 10 Cite du Retiro, 75008, Paris France.*

For purchases with delivery to addresses in Germany: Watchfinder Europe B.V., Zweigniederlassung Deutschland, 302-306, Landsbergerstrasse, Munich, Germany.*

For purchases with delivery to addresses in Spain: Watchfinder Europe B.V., Sucursal en Espana, Paseo de la Castellana, 28046, Madrid, Spain.*

For purchases with delivery to addresses anywhere else within the European Union: Watchfinder Europe B.V., Herengracht 436, 1017 BZ, Amsterdam, Netherlands, or a branch named above where the stock is located, as will be notified to you.

For purchases with delivery to addresses in Switzerland: Watchfinder Switzerland SA, Route des Biches 9, 17 Villars-sur-Glâne, Switzerland.

and the legal terms and conditions that will apply to any contract between us for the sale of our products (as defined below) to consumers (“you”, “your”).

*branch of Watchfinder Europe B.V., has its registered office at Herengracht 436, 1017 BZ, Amsterdam, Netherlands, VAT number NL863942957B01.

By ordering any of our products, you agree to be bound by these Conditions of Sale.

You should save these Conditions of Sale for future reference.

The Selling Entity is an affiliate of Watchfinder.co.uk Limited, which owns and edits the Platforms pursuant to the Terms of Use. Watchfinder.co.uk Limited is also responsible for our information collection practices pursuant to the terms of the Privacy Policy and the Cookie Policy. By placing an order, you agree to be bound by the Terms of Use, Privacy Policy and Cookie Policy the terms of which are incorporated into these Conditions of Sale.

Watchfinder.co.uk only: If you are purchasing from one of our Certified Sellers (as defined below), please review clause 15 below as different terms may apply. In the event that you do purchase through one of Certified Sellers, your contract of sale will be with the Certified Sellers. This will not affect your statutory rights.

It is important that you read and understand these Conditions of Sale before you place an order with us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Sales team before placing your order or, if a member of our Sales team is unavailable, contact our Customer Services by email aftersales@watchfinder.co.uk.

Please ensure that you review clause 10 as it includes important limitations on, and exclusions of, our liability.

Clause headings shall not affect the interpretation of these Conditions of Sale.

A reference to “writing” or “written” includes e-mail.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

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. PURCHASING ELIGIBILITY

   Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (18 in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

   By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.

2. PRODUCT AVAILABILITY AND QUALITY

   You understand that pre-owned watches are sold on the Platforms and therefore condition or availability of accompanying materials and accessories (including but not limited to a replacement strap) may vary between items. If you have any questions about the condition of any of our watches, please contact our Sales team prior to ordering your prospective item.

   All orders placed through the Sales Channels are subject to availability and express acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. Our Sales team can provide more information as regards these products. For information about the order process, please refer to our order Process section below.

   Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

   You understand that Watchfinder is not a manufacturer and if it is unable to fulfil an order for any reason, it may be unable to source a like-for-like replacement for that order.

   The packaging of products may vary from that shown on images on the Platforms and we cannot guarantee that any box and/or other packaging supplied are authentic or were the original box as sold with the products on manufacture and production. Moreover, we try to ensure that the information, including age of the products, provided on the Platforms to you is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.

3. ORDER PROCESS

   The order process of the Platforms will include the following:

   • Once you have chosen a product, you may place this product in your basket by clicking “add to basket”. You may then decide to continue shopping for other products and add them to your basket (subject to availability). Placing a product in your basket does not guarantee availability for purchase, which is not confirmed until you receive the order confirmation, as specified below.
   • When you are ready, you then proceed to “checkout” through your registered account; if you do not have an account you will be required to create one before completing your order.
   • As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details are correct on the “order Summary” page before placing your order.
   • You will need to check the relevant box to place your order. You will then be required to pay for your order.

   In the event your order is being placed remotely, such as by telephone, the sales assistant will walk you through the above steps and verbally ask you to confirm the details of your order.

   We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; (ii) multiple payments from different accounts on one order; or (iii) have otherwise violated these Conditions of Sale.

4. PRICE AND PAYMENT

   Payments must be made to us in the local currency of the Selling Entity, unless you are authorised to do so differently by us, and any refunds will only be issued by us in the local currency of the Selling Entity. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside of the Selling Entity’s country.

   Prices shown on the product pages of the Platforms or as otherwise quoted by the available Sales Channels include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.

   Our delivery charges will be notified to you pursuant to clause 7 and will be added to the total amount due and shown in the “Order Summary” page of our Platform before you place your order.

   You must make payment for the products at the same time as placing an order. We must receive full and cleared funds prior to dispatch of the products (either by direct payment from you or via a consumer finance option).

   We accept the methods of payment identified in the “Payment Details” page of the checkout.

   We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made, however, some financial institutions may charge a fee for using a bank wire transfer. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.

   The “Order Summary” page of our Platform will give you a breakdown of the price of the products, our delivery charges and any credit card surcharges and will display a total amount payable.

   If we agree that you can pay for the products by way of an initial deposit and we subsequently do not receive the balance payment in full and cleared funds within 14 days of our receipt of the deposit payment from you, we reserve the right to cancel your order and to re-list the products for sale on our Platforms. 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.

   Customers based in UK only: Watchfinder acts as a broker and only offer credit products from Secure Trust Bank PLC trading as V12 Retail Finance. Watchfinder.co.uk Limited is authorised and regulated by the Financial Conduct Authority. Our registration number is 671038. Credit provided subject to age and status. We may receive a commission if your application is successful, and the amount may vary depending on the product chosen and the amount of credit taken out. Please review our platforms for further information on the different offerings of consumer finance available on our products.

5. ACKNOWLEDGEMENT AND CONFIRMATION OF ORDER

   PLEASE SEE CLAUSE 15 IF YOU ARE BASED IN THE UNITED KINGDOM AND ARE PURCHASING FROM ONE OF OUR “CERTIFIED SELLERS” AS THIS CLAUSE MAY VARY

   Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written acknowledgement of order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To confirm the order, we will conduct usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact the Sales or After Sales teams promptly.

   Upon shipment of your order, we will send you a confirmation of order & shipment in writing (by e-mail or otherwise). This confirmation of order & shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.

6. DELIVERY

   PLEASE SEE CLAUSE 15 IF YOU ARE BASED IN THE UNITED KINGDOM AND ARE PURCHASING FROM ONE OF OUR “CERTIFIED SELLERS” AS THIS CLAUSE MAY VARY

   All dates quoted by us for dispatch and delivery of the products, though given in good faith, are estimates only. We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of the confirmation of order (below) and in any event within 30 days after that date, except if your purchase relates to a product that we have explained to you will take additional time to deliver (for example if additional testing is needed prior to shipment).

   Please also note that we do not ship to certain countries or addresses, such as military, certain restricted areas or PO boxes.

   Delivery of the products will be deemed completed when we or our appointed courier deliver the products at your provided location or when the products are collected from our premises by you.

   If you independently arrange for another courier or third party to collect the products, delivery will be completed when the products are collected from our premises by your appointed courier/third party.

   We reserve the right to conduct a full investigation into any claims for non-delivery which may include reporting the matter to local police and/or other authorities to investigate. We will conduct any investigation as quickly as possible but are reliant on third parties’ compliance.

7. CUSTOMS

   You may have to pay import duties or other taxes, fees or charges applied by customs or other authorities in the country of receipt if you are purchasing from a jurisdiction outside of the Selling Entity. You must comply with all laws and regulations of the country in which you are receiving the products. Any additional charges for customs clearance must be borne by you; we have no control over these charges and will not accept any liability for them. 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.

8. WARRANTY

   Note: These terms exclude customers based in France. Please see below for the terms that apply to you.

   Our watches may be accompanied either by our standard 24-month warranty (“Full Warranty”) or a limited 12 month warranty (“Limited Warranty”) (collectively referred to herein as the Watchfinder Warranty”, but the specific warranty received with your watch will be on the product page and on your receipt) from the day you receive your watch, protecting your watch against manufacturing and mechanical defects, subject to the following terms and conditions. The Watchfinder Warranty will run in conjunction with any applicable manufacturer’s warranty. Any extension of the Watchfinder Warranty will be granted solely at our discretion and will be indicated on your order or in writing. Unless expressly stated otherwise, your Watchfinder Warranty will automatically run from your date of purchase and will not require registration from you. Any work carried out under our Servicing Warranty (whether a Watchfinder Warranty or a Servicing Warranty) will not extend the relevant warranty period.

   Your respective Watchfinder Warranty will be fulfilled by the Selling Entity who may assign the responsibility of fulfilling the Watchfinder Warranty to its affiliates from time to time.

   Generally, our Limited Warranty is only issued in respect of older watches. If your watch is protected only by a Limited Warranty, we do not guarantee that your watch will keep within typical expected tolerances for timekeeping, and it will no longer be suitable for use in wet environments or submersion in water.

   The Watchfinder Warranty will be registered to your current postal address. To ensure your Watchfinder Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient.

   The Watchfinder Warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer’s and/or our instructions). In particular, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our Watchfinder Warranty. Deviations in timekeeping or any damage caused to your watch by water ingress are not covered by our Limited Warranty.

   If your watch is returned to us due to a valid claim against our Watchfinder Warranty whilst it is still protected by the manufacturer warranty, we reserve the right to proceed with the works through the manufacturer warranty in the first instance.

   Your Watchfinder Warranty will be invalidated in the event that a third party carries out any intrusive tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and written consent.

   Any use of aftermarket components can severely compromise your watch’s technical performance, reliability and protection from water ingress. Any modification of your watch, by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer will invalidate your Watchfinder Warranty.

   In the event of a valid claim against the Watchfinder Warranty, we will use reasonable endeavours torepair your watch to the state it was sold by Watchfinder and strictly only repairing the part of the watch covered by the Watchfinder Warranty. Time will not be of the essence for completion of any works carried out under a Watchfinder Warranty.

   We have the final decision on all claims against the Watchfinder Warranty. If any dispute arises in connection with the Watchfinder Warranty, we reserve the right to instruct an independent third-party watchmaker nominated by us to determine the issues in dispute, although we are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties, save in the case of manifest error.

   Please see Watchfinder’s Conditions of Sale with regards to customs, as they will apply here.

   Please refer to the “Delivery Methods” found in our Conditions of Purchase for details of the acceptable forms of delivery of your watch to us applicable to work carried out under the Watchfinder Warranty.

   Please note that Watchfinder shall not have any liability with regards to reimbursing you for work carried out by a third party (not appointed by Watchfinder) during or after expiry of the Watchfinder Warranty period. Watchfinder shall not have any obligation to reimburse you for any work carried out by a third party (not appointed by Watchfinder) even if your Watchfinder Warranty is retrospectively extended.

   The Watchfinder Warranty is personal to you and is non-transferable without our written consent. The Watchfinder Warranty is in addition to your statutory rights.

   
   

   For customers based in France.

   GARANTIE FABRICANT

   Certains des Produits vendus sur notre Site Internet comprennent une garantie fabricant. Pour obtenir toutes les informations concernant les termes de cette garantie, nous vous prions de consulter la documentation accompagnant les Produits ou de consulter le site internet du fabricant.

   En tant que consommateur, la garantie fabricant s’ajoute aux droits que vous accorde la législation en vigueur pour les produits défectueux ou non conforme à la description affichée. Vous pouvez consulter vos droits (France uniquement) auprès de la Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) ou de l’autorité locale de protection des consommateurs dans votre pays.

   GARANTIE COMMERCIALE WATCHFINDER

   Nous fournissons une garantie commerciale totale ou partielle avec nos Produits de seconde main pour une durée de 24 mois à compter de la date de livraison, conformément à nos conditions de Garantie Commerciale. Merci de bien vouloir consulter ces conditions de Garantie Commerciale pour de plus amples informations. Notre garantie ne s’applique pas aux Produits neufs, lesquels sont couverts par la garantie du fabriquant.

   France uniquement : En tant que consommateur, la garantie commerciale Watchfinder s’ajoute aux droits que vous accorde la législation en vigueur pour les produits défectueux ou non conforme à la description affichée (« Garanties Légale »). Vous pouvez nous contacter aux coordonnées communiquées à l’article « Garanties Légales » ci-dessous pour toute question relative aux Garanties Légales, ainsi qu’à leur mise en œuvre.

   GARANTIES

   Tous les produits bénéficient d’une garantie commerciale, ainsi que, pour les clients résidents en France, des garanties légales dont ils jouissent au titre du Code de la Consommation français et du Code civil français.

   GARANTIES LÉGALES

   Pour les achats réalisés par des résidents français, Watchfinder est tenu des défauts de conformité (articles L.217-3 et suivants du Code de la consommation) ainsi que des vices cachés (articles 1641 et suivants du Code civil) que présenteraient les montres vendues (« Les Garanties Légales »).

   La garantie légale de conformité s’applique indépendamment de la garantie commerciale proposée aux clients.

   Dans la mesure où Watchfinder commercialise des montres d’occasions, et conformément à l’alinéa 2 de l’article L217-7 du Code de consommation français, tout défaut de conformité apparaissant dans un délai de 12 mois à compter de la date d’achat est présumé antérieur à celle-ci.

   Conformément à l’article D211-2 du Code de la consommation français, nous vous rappelons que :

   « Le consommateur dispose d'un délai de deux ans à compter de la délivrance du bien pour obtenir la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité et non la date d'apparition de celui-ci.

   « Lorsque le contrat de vente du bien prévoit la fourniture d'un contenu numérique ou d'un service numérique de manière continue pendant une durée supérieure à deux ans, la garantie légale est applicable à ce contenu numérique ou ce service numérique tout au long de la période de fourniture prévue. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité affectant le contenu numérique ou le service numérique et non la date d'apparition de celui-ci.

   « La garantie légale de conformité emporte obligation pour le professionnel, le cas échéant, de fournir toutes les mises à jour nécessaires au maintien de la conformité du bien.

   « La garantie légale de conformité donne au consommateur droit à la réparation ou au remplacement du bien dans un délai de trente jours suivant sa demande, sans frais et sans inconvénient majeur pour lui.

   « Si le bien est réparé dans le cadre de la garantie légale de conformité, le consommateur bénéficie d'une extension de six mois de la garantie initiale.

   « Si le consommateur demande la réparation du bien, mais que le vendeur impose le remplacement, la garantie légale de conformité est renouvelée pour une période de deux ans à compter de la date de remplacement du bien.

   « Le consommateur peut obtenir une réduction du prix d'achat en conservant le bien ou mettre fin au contrat en se faisant rembourser intégralement contre restitution du bien, si :

   « 1° Le professionnel refuse de réparer ou de remplacer le bien ;

   « 2° La réparation ou le remplacement du bien intervient après un délai de trente jours ;

   « 3° La réparation ou le remplacement du bien occasionne un inconvénient majeur pour le consommateur, notamment lorsque le consommateur supporte définitivement les frais de reprise ou d'enlèvement du bien non conforme, ou s'il supporte les frais d'installation du bien réparé ou de remplacement ;

   « 4° La non-conformité du bien persiste en dépit de la tentative de mise en conformité du vendeur restée infructueuse.

   « Le consommateur a également droit à une réduction du prix du bien ou à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n'est alors pas tenu de demander la réparation ou le remplacement du bien au préalable.

   « Le consommateur n'a pas droit à la résolution de la vente si le défaut de conformité est mineur.

   « Toute période d'immobilisation du bien en vue de sa réparation ou de son remplacement suspend la garantie qui restait à courir jusqu'à la délivrance du bien remis en état.

   « Les droits mentionnés ci-dessus résultent de l'application des articles L. 217-1 à L. 217-32 du code de la consommation.

   « Le vendeur qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10 % du chiffre d'affaires moyen annuel (article L. 241-5 du code de la consommation.

   « Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le bien est conservé ou à un remboursement intégral contre restitution du bien. »

   Afin de mettre en œuvre Les Garanties Légales vous devrez livrer la montre en toute sécurité à notre centre de service, comme il convient et avec une assurance adéquate. Ceci sera de votre seule responsabilité et à vos frais, sauf indication contraire. Si vous êtes établis en France et avez une réclamation valable sous garantie, nous ne facturerons aucun frais d’envoi et d’emballage pour vous renvoyer la montre (sauf si le travail à effectuer implique uniquement un remplacement de piles).

   Pour toute question relative aux Garanties Légales, ainsi qu’à leur mise en œuvre, veuillez nous contacter :

   A l’adresse postale suivante :

   • WATCHFINDER EUROPE B.V., 10 cite du Retiro Paris 75008, France

   OU au numéro suivant :

   • 0843 636 2381 (appuyez sur 4 pour le service)

   OU à l’adresse électronique suivante :

   • aftersales@watchfinder.co.uk

   GARANTIE COMMERCIALE

   Nos montres d’occasions sont fournies avec notre garantie commerciale de 24 mois Totale ou Limitée (la « Garantie Commerciale ») à compter du jour où vous réceptionnez votre montre. La Garantie Commerciale protège votre montre contre les défauts mécaniques ou de fabrication, sous réserve des conditions décrites ci-dessous. Notre Garantie Commerciale s’applique en sus des droits dont bénéficie les clients domiciliés en France au titre des Garanties légales, mais ne s’applique pas aux montres neuves encore sous garantie fabriquant.

   Si votre montre est protégée par une Garantie Commerciale Limitée, étant donné l’âge de la montre, nous ne garantissons pas qu’elle puisse maintenir le niveau de précision attendu en matière de chronométrage, ou qu’elle fonctionne correctement dans des environnements humides ou résiste correctement à l’eau.

   Votre Garantie Commerciale est liée à votre adresse postale. Afin d’assurer la validité de votre Garantie Commerciale, veuillez nous informer de tout changement de coordonnées, y compris votre nom complet, votre adresse postale, votre adresse électronique et votre numéro de téléphone. Si les produits ont été achetés dans le cadre d’un cadeau pour un tiers, merci de nous fournir les coordonnées le concernant.

   La Garantie Commerciale ne couvre pas la perte ou le vol de votre montre, l’usure normale, les dommages causés à votre montre par accident, mauvaise manipulation, mauvais traitement ou négligence (y compris, sans limitation, toute négligence résultant d’un non-respect des instructions du fabricant et/ou de nos équipes). En particulier, l’usure du bracelet, du verre, du fermoir, et les dommages esthétiques ne sont pas couverts par notre Garantie Commerciale. Si votre montre est couverte par notre Garantie Commerciale Limitée, les imprécisions de la montre dans son indication de l’heure, ainsi que les dommages liés à l’infiltration d’eau, ne sont pas couverts.

   Si votre montre nous est retournée pour une demande valable sous Garantie Commerciale alors qu’elle est également couverte par la garantie du fabricant, nous nous réservons le droit d’user de cette garantie du fabricant en lieu et place de notre garantie.

   Votre Garantie Commerciale sera annulée si un tiers effectue des tests ou travaux sur votre montre (y compris, sans limitation, le démontage de votre montre pour inspection) à notre insu et sans notre consentement préalable.

   L’utilisation de composants de rechange peut gravement compromettre la performance technique, la fiabilité et la résistance à l’eau de votre montre. Toute modification de votre montre par l’ajout ou le remplacement de composants par des produits d’occasion non fournis par le fabricant entrainera l’annulation de votre Garantie Commerciale.

   En cas de demande sous garantie, nous vous rembourserons, réparerons ou remplacerons votre montre, à notre seule discrétion. Le délai de traitement que nous pourrions vous indiquer n’est ni contraignant, ni essentiel.

   La décision finale concernant toutes réclamations contre notre Garantie Commerciale nous appartient. Si un litige survenait à propos de la Garantie Commerciale, nous nous réservons en outre le droit de nommer un expert horloger indépendant pour qu’il se prononce sur les aspects litigieux en question, sans que ceci ne soit obligatoire. Les conclusions du rapport de l’expert horloger figurant dans son rapport obligent les deux parties au litige. Merci de noter que si le fabricant émet des recommandations qui diffèrent des nôtres, ce sont nos recommandations qui prévalent dans le cadre de notre Garantie Commerciale.

   Si vous résidez hors de France, vous devrez peut-être payer des droits d'importation ou d'autres taxes, frais et charges appliqués par les douanes ou d’autres autorités de votre pays en lien avec les travaux effectués dans le cadre de la Garantie Commerciale, en particulier si vous ne remplissez pas correctement les déclarations correspondantes.

   Veuillez noter que vous devez livrer la montre en toute sécurité à notre centre de service, comme il convient et avec une assurance adéquate, que ce soit pour une inspection ou pour faire valoir vos droits en vertu de votre Garantie Commerciale ou pour toute autre raison. Ceci sera de votre seule responsabilité et à vos frais, sauf indication contraire. Nous vous facturerons les frais d’envoi et d'emballage ainsi que toutes les autres taxes, frais et charges appliquées par les douanes survenues dans le cadre de nos prestations sous Garantie si vous résidez en dehors de France.

   Le renvoi de la montre sera effectué lorsque la montre aura été livrée à l'adresse indiquée dans votre commande ou lorsque la montre sera récupérée en nos bureaux (par vous ou votre représentant).

   Si vous faites appel à un autre service de livraison de colis pour récupérer votre montre, la livraison sera effectuée lorsque la montre aura été retirée de nos bureaux. Cela signifie que nous ne sommes pas responsables si la montre est perdue ou endommagée au cours du transit.

   La montre est sous votre responsabilité dès que la livraison a été effectuée.

   Votre Garantie est personnelle et n'est pas transférable.

   Si vous souhaitez faire une demande ou une réclamation en rapport avec votre Garantie Commerciale, veuillez contacter un membre de notre équipe service en appelant le 0843 636 2381 (appuyez sur 4 pour le service) ou en envoyant un courrier électronique à l'adresse suivante : aftersales@watchfinder.co.uk.

9. BRACELETS SIZES

   Given the nature of our products, bracelet sizes may vary as they are not always supplied to us with a full accompaniment of links. Agreeing to alter bracelet sizes is entirely at Watchfinder’s discretion.

10. RETURNS

    You may cancel the contract of sale relating to one or more products without giving any reason within the first 14 days of receiving the products. Products purchased online will come with a tamper-proof returns sticker which allows for the products to be tried on and examined for any faults.

    To exercise your right to cancel, you can contact our Customer Service team and follow the instructions that will be given to you, or you can send us in writing an unequivocal statement via e-mail to aftersales@watchfinder.co.uk. Alternatively, you may cancel using the Model Cancellation Form provided below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to cancel the order before the cancellation period has expired.

    Return postage, packaging and insurance will be at your expense and your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must ensure that you pack the products appropriately to prevent damage during transit.

    Please see the below for returns information:

    1. if your order is faulty on delivery, we will refund your reasonably incurred return postage costs (excluding any insurance and ancillary costs) provided you comply with our reasonable return instructions and you provide us with a copy of any relevant receipts;
    2. in all cases, you shall remain responsible for ensuring that you pack your order appropriately to prevent damage during transit and it is your responsibility to fully insure the order on return; and
    3. you may also have to pay import/export duties or other taxes, fees and charges applied by customs or other authorities for work carried out on the order, particularly if you do not correctly complete the appropriate declarations. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. 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.

    We reserve the right to make any deductions from any reimbursement due to you for loss in value of any products, or reject your return entirely, as a result of any unnecessary handling whilst in your care. You must take reasonable care of the products and you must return the products (including all accompanying items received with your order) in their original condition as sold to you. In particular, you agree that the paperwork, where supplied, must be returned in full. Before accepting any return, all returned products will be inspected by our servicing department to confirm the authenticity and integrity of the products at issue and you will incur a charge for any work necessary if the products are found to be damaged or otherwise compromised from the handling of the products.

    Regardless of where you are returning your item from, you retain the risk and responsibility of the order until it is received by us or our appointed courier.

    You must action your return within 14 days of informing us of your intention to return.

    Model Cancellation Form

    - To Watchfinder [name] [INSERT ADDRESS]

    - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following (*)

    - ordered on (*)/received on (*),

    - Name of consumer(s),

    - Address of consumer(s),

    - Signature of consumer(s) (only if this form is notified on paper),

    - Date

    (*) Delete as appropriate

11. LIMITATION OF LIABILITY

    To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

    Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

    Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

12. REFUNDS

    If you are due a refund under these Conditions of Sale, we will use commercially reasonable endeavours to refund you 30 days after that date on which we have accepted your return, unless legally prohibited from doing so. We reserve the right to refuse any refund that is requested to be sent to an account other than the one that made the initial payment and not in the currency you paid, unless agreed otherwise. Moreover, we will use commercially reasonable endeavours to refund the purchase price to you using the same means of payment used for the initial transaction. Initial shipping charges will be refunded, except where you had originally opted for a non-standard delivery, in which case the supplemental costs will be non-refundable.

13. CREDIT NOTES

    You credit note may be limited in time; please check the credit note to see what time limit applies. If for any valid reason you choose to return products purchased with a credit note, another credit note will be issued.

    If your credit note exceeds the purchase price of the products, no change will be given for the unused portion of the credit note and you will be issued a further credit note for the remaining amount. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.

    Where your credit note is less than the purchase price of the products, you must pay the outstanding payment balance to complete the transaction. If you have a valid reason to return the order, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.

    It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the products to be collected or shipped.

14. ENTIRE AGREEMENT & CONFLICT WITH OTHER AGREEMENTS

    These Conditions of Sale, and other applicable documents, constitute the entire agreement between the parties. If there is any inconsistency between other communications and these Conditions of Sale, the latter shall prevail. Save as mentioned above, 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 Conditions of Sale.

15. WATCHFINDER MARKETPLACE AND CERTIFIED SELLERS

    This clause is only applicable for customers residing in the United Kingdom and purchasing through Watchfinder.co.uk and when purchasing from one of our carefully selected third party sellers (“Certified Sellers”). As set out above, whilst the sale will be conducted on Watchfinder’s Platform, your contract will be with the Certified Seller. Please see our Marketplace FAQs for more information. This clause will set out any changes to the Watchfinder Conditions of Sale when you purchase through a Certified Seller and any other relevant information that may be relevant to your purchase.

    1. Clause 4 will not apply to you and will be replaced with the following:

       Payments must be made to us in the local currency of the Selling Entity, unless you are authorised to do so differently by us, and any refunds will only be issued by us in the local currency of the Selling Entity. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside of the Selling Entity’s country.

       Prices shown on the product pages of the Platforms or as otherwise quoted by the available Sales Channels include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.

       Our delivery charges will be notified to you prior to purchase and will be added to the total amount due and shown in the “Order Summary” page of our Platform before you place your order.

       You must make payment for the products at the same time as placing an order. We must receive full and cleared funds prior to dispatch of the products (either by direct payment from you or via a consumer finance option).

       We accept the methods of payment identified in the “Payment Details” page of the checkout.

       We do not accept bank wire transfers for orders placed through our Certified Sellers.

       The “Order Summary” page of our Platform will give you a breakdown of the price of the products, our delivery charges and any credit card surcharges and will display a total amount payable.

    2. Clause 5 will not apply to you and will be replaced with the following:

       Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written acknowledgement of order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To proceed with the order, we will conduct usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact the Sales or After Sales teams promptly.

       The order will then be passed to our Certified Seller to confirm their ability to fulfil the order. The Certified Seller will then inform us, who in turn will inform you that the order has been accepted by the Certified Seller. In the event the Certified Seller is unable to fulfil your order, we will update you as soon as reasonably practicable.

       Once all standard due diligence checks and physical inspection has been undertaken and approved on the Certified Seller’s watch, we will email you to confirm shipment of your order and we will send you a confirmation of order & shipment in writing (by e-mail or otherwise). This confirmation of order & shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract between you and the Certified Seller.

    3. Clause 6 will not apply to you and will be replaced with the following:

       Purchases made through our Certified Sellers will only be deliverable to individuals residing in the United Kingdom.

       Whilst we have strict processes in place, delivery of your order may take longer than usual as we are reliant on our Certified Seller to first send the product to Watchfinder for authentication and due diligence checks. Watchfinder will then, once the order has been confirmed to you, fulfil delivery to you and will use reasonable efforts to ensure delivery by the carrier within the estimated delivery date given to you, and in any case within 30 days from the date of confirmation.

       Please also note that we do not ship to certain countries or addresses, such as military, certain restricted areas or PO boxes.

       Delivery of the products will be deemed completed when we or our appointed courier deliver the products at your provided location or when the products are collected from our premises by you.

       If you independently arrange for another courier or third party to collect the products, delivery will be completed when the products are collected from our premises by your appointed courier/third party.

       We reserve the right to conduct a full investigation into any claims for non-delivery which may include reporting the matter to local police and/or other authorities to investigate. We will conduct any investigation as quickly as possible but are reliant on third parties’ compliance.

16. RANKINGS PARAMETERS

    Products made available for sale by us over the Platform are ranked on listing pages according to an algorithm that considers the following criteria:

    (i) price; (ii) newness and specification of the Products (e.g. category, colour); (iii) stock and size availability; and (iv) upload date.

    When identical Products are made available for sale through the Platform from two or more distinct sellers, the following criteria are taken into account, as applicable: (a) promoted listings (b) stock and size availability; (c) delivery time to Customer; and (d) Product upload date.

17. GENERAL

    Privacy

    We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.

    Communications between us

    If you wish to contact us in writing, or if any clause in these Conditions of Sale requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at aftersales@watchfinder.co.uk.

    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.

    Waiver

    If we fail, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations under the contract or any of these Conditions of Sale 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.

    A waiver by us of any default of these Conditions of Sale by you will not constitute a waiver of any subsequent default.

    No waiver by us of any of these Conditions of Sale will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

    Severability

    If any court or competent authority decides that any of the provisions or paragraphs of these Conditions of Sale 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 Conditions of Sale, which will continue to be valid to the fullest extent permitted by law.

    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.

    Our right to vary these Conditions of Sale

    We have the right to revise and amend these Conditions of Sale from time to time.

    You will be subject to our terms and conditions in force at the time that you place your order with us, unless any change to those terms or conditions is required to be made by law or governmental authority (in which case they will apply to orders previously placed by you), or if we notify you of the change to those terms and conditions 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 conditions by proceeding with your order).

    Transfer of our rights and obligations

    We may transfer our rights and obligations under these Conditions of Sale 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 Conditions of Sale.

    Events outside of our control

    We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

    Governing law and jurisdiction

    These Conditions of Sale shall be governed by and construed in accordance with the laws of the country in which the applicable Selling Entity is dispatching the products from, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

    You may bring proceedings against us either in the courts of the respective Selling Entity or in the courts of the country where you are resident. We may also bring proceedings against you in the courts of the country where you are resident.

    If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr/

    Contact us

    If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.

    Aftersales: aftersales@watchfinder.co.uk.

    Sales: Sales@watchfinder.co.uk

    As a consumer, nothing in these Conditions of Sale will affect your statutory rights.

CONDITIONS OF PURCHASE

INTRODUCTION

These Conditions of Purchase apply to any purchase made by Watchfinder (as defined below), using this website and any associated mobile or digital applications that refer to these Conditions of Purchase (the “Platforms”) or by telephone or via our Purchasing team (together with the Platforms, the “Purchasing Channels”).

The entity that will purchase the watch from you will depend on the delivery address to which you wish to ship the watch (“Watchfinder”, “us”, “our”, “we”, the “Purchasing Entity”):

Customers based in the United Kingdom: Watchfinder.co.uk Limited registered at 15 Hill Street, London W1J 5QT.

Customers based in the European Union: French branch of Watchfinder Europe B.V., located at 10 Cite du Retiro, 75008, Paris, France. Watchfinder Europe B.V., has its registered office at Herengracht 436, 1017 BZ, Amsterdam, Netherlands, VAT number NL863942957B01.

Customers based in Switzerland: Watchfinder Switzerland SA, Route des Biches 9, 17 Villars-sur-Glâne, Switzerland.

and the legal terms and conditions that will apply to any contract between us for the sale of your watch to Watchfinder (“you”, “your”).

By selling your watch to Watchfinder, you agree to be bound by these Conditions of Purchase.

You should save these Conditions of Purchase for future reference.

The Purchasing Entity is an affiliate of Watchfinder.co.uk Limited, which owns and edits the Platforms pursuant to the Terms of Use. Watchfinder.co.uk Limited is also responsible for our information collection practices pursuant to the terms of the Privacy Policy and the Cookie Policy. By placing an order, you agree to be bound by the Terms of Use, Privacy Policy and Cookie Policy the terms of which are incorporated into these Conditions of Purchase.

It is important that you read and understand these Conditions of Purchase before you sell your watch to us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Purchasing team before placing your Order or, if a member of our Purchasing team is unavailable, contact our Customer Services team by email aftersales@watchfinder.co.uk.

Clause headings shall not affect the interpretation of these Conditions of Purchase.

A reference to “writing” or “written” includes e-mail.

Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

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. SELLING ELIGIBILITY

Only private individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (18 in most countries); and (b) have legal capacity to enter into contracts may sell their Watch to Watchfinder under these Conditions of Purchase.

2. SELL YOUR WATCH PROCESS

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, age, existence of manufacturer box and/or paperwork and serial number (if available), by entering details on the ”Sell Your Watch” page on our Platform or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell.

When completing the “Sell Your Watch” process, you will be provided with an initial quotation by Watchfinder, which will be a preliminary and conditional quotation based on the information you have provided (the “Initial Quotation”).

Please provide information about your watch fully and accurately. The provision of inaccurate or misleading information by you may result in an inaccurate Initial Quotation which cannot be relied upon by you.

We will contact you with the Initial Quotation via email, telephone or online notification. If you do not, or are unable to, receive your Initial Quotation, please contact our Purchasing team.

Any Initial Quotation is provided on a "subject to contract" basis and is not legally binding. We reserve the right to amend or withdraw the Initial Quotation at any time, for any reason, without liability to you. When you are provided with an Initial Quotation, you will also be provided with a duration in which to accept the Initial Quotation. Failure to accept the Initial Quotation during this period will result in the Initial Quotation becoming invalid, unless agreed in writing by us.

Watchfinder endeavours to be as transparent as possible when applying any fees to your transaction. A minimum servicing fee will apply to all Sell Your Watch transactions and will be shown to you at the Initial Quotation stage. This minimum servicing fee will cover the cost of pre-sale servicing work that all Watchfinder watches must undergo (including, but not limited to, cleaning of the watch by our in house professionals).

On receipt of your watch at our servicing centre your watch will be subject to physical inspection and due diligence checks, the latter of which will include a search through any lost and stolen databases or registers. Please note that should your watch match an item on a database or register of stolen watches, whether internal or external, then Watchfinder may be legally bound to secure the watch and, where necessary, to inform local law enforcement. In this event, no payment or credit will be made and you may be required to contact the owner of the relevant register and/or local law enforcement to resolve the matter directly.

Upon conclusion of satisfactory due diligence checks and physical inspections, we may provide a final offer to you, which will be Watchfinder’s formal offer to purchase your watch from you (the “Final Offer”). In the event we decide to proceed with offering you a Final Offer, you will be provided, on the Final Offer notification, a duration in which you will have to accept the Final Offer before it becomes invalid. Any extension of this time will be solely at our discretion. You will be informed of your Final Offer by email, telephone, or online notification on your Watchfinder account. A non-accepted Final Offer can be withdrawn or amended at any time by Watchfinder without incurring any liability to you.

Should we decide not to proceed with the purchase we will arrange to return the watch to you, unless we are legally prevented from doing so.

The Final Offer may differ to the Initial Quotation for reasons including, but not limited to: (i) the watch does not fully comply with the information provided during the Initial Quotation process; or (ii) the condition is such that the watch requires servicing work to bring it to a sellable condition; or (iii) other relevant factors not previously disclosed which affect the valuation.

In the event that your watch requires additional servicing for Watchfinder to purchase your watch, Watchfinder will list the cost of the servicing, including detail as to what servicing works or replacement parts are required.

Prior to the completion of the contract with us, you hereby consent to any of the box and/or paperwork that contain your personal information (for example a warranty card bearing your name) being shared with a prospective Watchfinder customer. If the box and/or paperwork contains third party personal information, you warrant that you have received the appropriate consents to share that information with a prospective Watchfinder customer and agree to indemnify us in full for any third party claims against us in relation to the sharing of that third party data upon a subsequent sale by us of your watch.

The contract between us will only be formed when you have accepted the Final Offer. You reserve the right to accept or reject any Final Offer proposed to you. Watchfinder accepts no liability in the event that the Final Offer does not meet your personal expectations.

The type of transaction you are entering into makes up a material and fundamental part of the Initial Quotation or Final Offer provided. In the event that the transaction changes, for example from a part-exchange transaction to a direct purchase, Watchfinder reserves the right to amend any quote or offer given to you previously without any liability towards you. Watchfinder may on occasion offer different prices for a part-exchange.

You can keep track of the purchase process by logging into your Watchfinder account. We will also endeavour to keep you regularly updated by e-mail.

Time is not of the essence for Watchfinder to complete any of its obligations set out herein.

It is always possible that despite our best efforts, we provide you with an incorrect Initial Quotation and/or Final Offer. If for some reason an error in the Initial Quotation and/or Final Offer has occurred, we will rectify the Initial Quotation and/or Final Offer as soon as reasonably practicable after notification of the mistake. If the error is obvious and unmistakeable and could have reasonably been recognised as a mispricing, we do not have to buy the watch from you at the incorrect price notwithstanding your acceptance of any Final Offer. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by human error or system failures.

You can keep track of your “Sell Your Watch” process within your Watchfinder account.

3. PRICE AND PAYMENT

The prices quoted by us and all payments made by us will be in the local currency of the Purchasing Entity, unless we have agreed otherwise. The price quoted will be net of any deductibles (including but not limited to servicing fees), Any deductibles will be detailed to you prior to accepting the Final Offer.

In the event you reject an Initial Quotation or Final Offer, you will not incur any of the servicing fees quoted.

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.

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.

We will not make any payments to third parties and will only make 1 payment.

International sellers may be subject to an additional bank charge.

Watchfinder reserves the right to set off any amount owed to it by you in the purchasing process of your watch.

Please see the Part-Exchange section below for information on Part-Exchange transactions.

The price quoted excludes import duties or other taxes, fees and charges that may be applicable.

You will pay all amounts due under these Conditions of Purchase 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.

4. DELIVERY

Following the acceptance of the Initial Quotation, you will be presented with options on how and where to send your watch to us for due diligence and physical inspection. These options will typically include:

1. send the watch to the advised Watchfinder location; or
2. hand deliver the watch to a member of staff within a Watchfinder boutique; or
3. elect to have Watchfinder arrange collection of the watch from your home address (“Home Collection”).

(collectively, the “Delivery Methods”)

The watch will be your responsibility until received by us at our premises or received by our appointed courier in the case of Home Collection, at which point it will become our responsibility.

You will be sent comprehensive instructions should you select Home Collection as your Delivery Method, which will include packing instructions for your watch.

It will be your responsibility to appropriately pack your watch if you are sending the watch to us via Home Collection. We do not accept any liability for damage, loss, or non-receipt if, in our reasonable opinion, the watch was not packed properly prior to handing the parcel to our appointed courier or to us/our premises.

By selecting Home Collection, you hereby agree to consign your watch to us, via our appointed courier

You agree to follow all reasonable instructions, written or via telephone, we provide when following any of the Delivery Methods.

We will endeavour to inform you as soon as reasonably practicable when your watch has been received

Home Collection is subject to availability, depending on your location.

Title

Your Watch will be our responsibility from the time we, or our appointed courier, receive the watch. In the event that the watch is returned to you, responsibility will pass back to you upon delivery to your given location.

Ownership of the watch will pass from you to us when the contract has been completed between us, namely when you have accepted the Final Offer.

5. CUSTOMS & IMPORT/EXPORT OBLIGATIONS

If you are based outside of the customs area of the Purchasing Entity, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your watch incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your watch in this regard. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your watch to us. We shall not be liable to you if you fail to comply with these obligations.

6. YOUR UNDERTAKINGS

You undertake that:

Information supplied by you

all the information supplied by you, to us, is true, accurate and complete;

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

the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including any hire purchase or other credit arrangement. 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
3. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise.

Condition

the watch has not been an insurance “write-off” or subject to substantial remedial repairs;

the watch has not been altered, customised or tampered with (including replacement parts that are not genuine to the manufacturer or which are counterfeit);

the watch is free from significant defects in design, material and workmanship;

Authenticity and provenance

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 radically and fundamentally different from the watch that you have agreed to supply;

the watch, serial number and documentation (including any original manufacturer box and/or paperwork) are original, genuine and accurate;

Taxes and Duties

all charges, duties (customs or otherwise), taxes and/or any other fees due and payable by you to any customs, tax and/or other authority in respect of your original purchase, ownership, importation/export, and/or sale of the watch to us, have been paid in full; and

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

7. REMEDIES

If the watch does not comply with and/or you are in breach of any of the undertakings set out in the “Your Undertakings” section and/or of any other of your obligations under the contract, 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 watch:

1. to terminate or rescind the contract;
2. to reject the watch and return it to you at your own risk and expense;
3. to require you to provide a full refund of the price (if paid); and/or
4. 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.

Our rights and remedies under these Conditions of Purchase are in addition to our rights and remedies implied by statute and common law.

In addition to our remedies set out above you agree to fully indemnify us and hold us harmless against all liabilities, claims, losses, damages, fines, costs (including legal/other professional costs and any taxes or duties of customs and excise and any penalties or interest relating thereto) expenses incurred by us as a result of or in connection with a breach of any of your obligations under the contract or any delay or failure in your compliance with any laws, rules or regulations of any jurisdiction, including, but without limitation, any third-party claims arising from any infringement of your obligations under these Conditions of Purchase.

We may enforce these remedies at any point, to the maximum extent permitted at law, including after purchasing the watch.

8. PART-EXCHANGES

A part-exchange will be formed from two elements:

1. selling your watch to us; and
2. using the sales price of the watch as set off against the purchase price of another watch you wish to buy from us.

The elements of a part-exchange transaction will be governed by these Conditions of Purchase and our Conditions of Sale, respectively.

We may consider if (i) or (ii) under this clause 8 does not proceed, or a respective obligation or undertaking is breached, the entire part exchange transaction may be voided.

Where the sales price for your watch exceeds the purchase price of the watch you are agreeing to buy from us, we will issue you with the appropriate credit by bank transfer, in line with ”Price and Payment” above.

Where the sales price of your watch 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.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products, or our systems, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

Nothing in these Conditions of Purchase limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Purchasing for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the Initial Quotation or Final Valuation issued by us, whichever has been most recently communicated to you.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

10. OUR RIGHT TO CANCEL

We reserve the right to cancel the purchase of your watch by us:

1. if you have breached any of these Conditions of Purchase; or
2. on any other reasonable grounds, as determined by us.

If we do cancel pursuant to this clause 10, we will contact you as soon as reasonably practicable to discuss the return of your watch to you.

11. CUSTOMER VERIFICATION

Watchfinder may request further information from you from time to time. You must comply with all reasonable requests from Watchfinder to obtain further information on you or your watch.

Failure to complete any customer verification requests will result in the transaction being cancelled.

12. ENTIRE AGREEMENT & CONFLICT WITH OTHER AGREEMENTS

These Conditions of Purchase, and other applicable documents, constitute the entire agreement between the parties. If there is any inconsistency between other communications and these Conditions of Purchase, the latter shall prevail. Save as mentioned above, 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 Conditions of Purchase.

13. NON-GENUINE PARTS

In the event that upon inspection, we discover that your watch contains non-genuine parts, which in turn could represent such significance that the entire watch is adjudged as counterfeit, we will need to comply with all correct legal steps and processes to appropriately address the issues with the watch. We will endeavour to keep you informed during these processes but may be prohibited from doing so due to legal restrictions.

14. GENERAL

Privacy

We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.

Communications between us

If you wish to contact us in writing, or if any clause in these Conditions of Purchase requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at aftersales@watchfinder.co.uk

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.

Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations under the contract or any of these Conditions of Sale 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.

A waiver by us of any default of these Conditions of Sale by you will not constitute a waiver of any subsequent default.

No waiver by us of any of these Conditions of Sale will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

No Partnership or Agency

Except as expressly provided, nothing in these Conditions of Purchase 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.

Severability

If any court or competent authority decides that any of the provisions or paragraphs of these Conditions of Sale 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 Conditions of Sale, which will continue to be valid to the fullest extent permitted by law.

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.

Our right to vary these Conditions of Purchase

We have the right to revise and amend these Conditions of Purchase from time to time.

You will be subject to our terms and conditions in force at the time that you place your Order with us, unless any change to those terms or 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 terms or conditions 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 conditions by proceeding with your Order).

Transfer of our rights and obligations

We may transfer our rights and obligations under these Conditions of Sale 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 Conditions of Sale.

Events outside of our control

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Pale which arises from any cause beyond our reasonable control.

Governing law and jurisdiction

These Conditions of Purchase shall be governed by and construed in accordance with the laws of the country in which the applicable Purchasing Entity is buying the products from, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Purchase, including the validity, invalidity, breach or termination of the Conditions of Purchase, shall be adjudicated or arbitrated in accordance with the Conditions of Purchase. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

You may bring proceedings against us either in the courts of the respective Purchase Entity or in the courts of the country where you are resident. We may also bring proceedings against you in the courts of the country where you are resident.

If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr/.

As a consumer, nothing in these Conditions of Purchase will affect your statutory rights.

Contact us

If you have any questions or comments about these Conditions of Purchase, or matters generally, please contact us at the address provided below.

Aftersales: aftersales@watchfinder.co.uk.

Purchasing: purchasing@watchfinder.co.uk

CONSIGNMENT SALE

These Consignment Sale Terms and Conditions (the “Conditions”) will apply to any contract between Watchfinder.co.uk Limited (“Watchfinder”, “we”, “us”, “our”) and you for the consignment of your Watch to us to sell. Please read these Conditions carefully and make sure that you understand them before consigning your Watch to us to sell. Please note that by consigning your Watch to us, you agree to be bound by these Conditions and other documents expressly referred to in it. Please ensure that you review these Conditions carefully. In particular, please review clauses 1, 2 and 7 as they include important information regarding costs potentially borne by you and limitations on, and exclusions of, our liability, respectively.

DEFINITIONS

The following definitions and rules of interpretation apply in these Conditions:

Commission: the percentage of sales proceeds due to Watchfinder as set out on the Consignment Summary;

Consignment Summary: the details of the consignment as set out on your “My Account” page on the Platform, including, but not limited to, the terms of your consignment to which these terms and conditions apply;

Customer, you, your: the person that wishes to sell a Watch to us under these Conditions;

Initial Offer: the preliminary offer to you, prior to physical inspection and due diligence checks set out in the Consignment Summary.

Initial Term: the initial duration of the consignment to us, as set out in the Consignment Summary, from the date that your Watch is published on the Platform.

Minimum Sales Price: the lowest price in which you agree for Watchfinder to list the Watch for sale for, save as set out in these Conditions;

Platform: watchfinder.co.uk

Premises: any location occupied and/or managed by Watchfinder;

Watch: the watch (or any part of it) that you wish to consign to us to sell, alongside any accompanying box and paperwork, promotional material and other documentation (where applicable); and

Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.

1. Our Contract with You

   1. Upon providing us with details of your Watch, we will provide you with an Initial Offer which will set out the estimated sales price for the Watch. This Initial Offer, whilst given in good faith, is derived from the information you have supplied and is subject to Watchfinder’s physical inspection and due diligence checks. The provision of inaccurate, false or misleading information by you may result in an inaccurate Initial Offer which cannot be relied upon by you. We reserve the right to withdraw or amend any Initial Offer at any time, for any reason, without liability to you; you reserve the right to reject any Initial Offer given to you which will result in the return of your Watch, unless agreed otherwise.
   2. Following acceptance of the Initial Offer and Watchfinder’s receipt of your Watch, we will provide you with an assessment of pre-sale servicing works needed to put the Watch it in a condition consistent with Watchfinder’s standards and manufacturer recommended tolerances (“Works”), as well as the costs associated with the Works. We will use commercially reasonable efforts to provide you with an estimated duration for the Works to be conducted. However, you understand that Watchfinder may not be conducting the Works and timelines may be outside of Watchfinder’s control. Please see clause 1(m) for further information when the cost of the Works may become payable by you. You will have seven (7) days to accept the costs of the works, however, this may be extended at our discretion.
   3. We will provide you with a Consignment Summary, which will be available to you on your “My Account” page on the Platform and will be updated throughout the process. The Consignment Summary will state: (i) an agreed Minimum Sales Price for the Watch; (ii) estimated sales price for the Watch; (iii) the Initial Term of the consignment; and (iv) any deductibles from the final sale price. The Consignment Summary may be varied as set out under these Conditions, or when agreed between us and you in writing (including email).
   4. Please note that should your Watch match an item on a database or register of stolen watches, whether internal or external, then Watchfinder may be legally bound to secure the Watch and, where necessary, inform law enforcement, without incurring any liability to you. Watchfinder will not sell a Watch that has a lost or stolen flag against it on a lost and stolen database, including Enquirus
   5. The contract between us will only be formed upon our confirmation that your Watch has passed all physical and due diligence checks, you have accepted the cost of the Works and these Conditions and we have confirmed that the details in the Consignment Summary are final.
   6. Once the final Consignment Summary details have been agreed to, we will advertise your Watch for sale on our selected Platforms or in our Premises under the conditions outlined on herein. By accepting these Conditions you hereby permit Watchfinder to advertise and sell the Watch under its own name on the Platforms or at the Premises and will not be segregated or designated as a consignment watch. You acknowledge and agree that Watchfinder shall be exclusively responsible for the pricing of the Watch on the Platforms or Premises at all times and may amend the advertised price of the Watch at any time, for any reason without your consent to do so.
   7. Watchfinder will continue to list your Watch on the Platform, pursuant to these Conditions, until the Watch is sold or until you request the Watch to be returned to you. Watchfinder will notify you at the end of the Initial Term to provide you with sufficient opportunity to request the Watch back following the conclusion of the Initial Term.
   8. Watchfinder will not sell the Watch to an end-customer below the Minimum Sales Price without your consent to do so or as set out in these Conditions. Whilst an estimated sales price may be given to you in good faith, Watchfinder is under no obligation to sell the Watch for this price and will not be liable to you if it fails to do so.
   9. Risk and liability in the Watch will remain with you until it is physically received and accepted by Watchfinder or Watchfinder’s appointed courier, per clause 3 below. Risk and liability in the Watch will then remain with Watchfinder until the Watch is either returned to you, delivered to your requested or given location or is in the possession of the end-customer.
   10. In case of sale to a bona-fide end customer by us, at the time the sale is concluded, title in the Watch will pass from you to Watchfinder, and then Watchfinder to the end-consumer. Watchfinder will be the seller of record to the end customer.
   11. In the event that the end customer notifies us that they wish to return the Watch within 14 days of their receipt and no fault is present, no payment will be due to you, title in the Watch will revert to you and Watchfinder will re-list the Watch for sale on the Platform. We will notify you of this as soon as reasonably practicable.
   12. You may request your Watch back from Watchfinder at any time. However, <>if you request your Watch back from us during the Initial Term, after Works have been taken place (if applicable), you will be charged a £200 (two hundred pounds) administration and handling fee as well as any fees set out herein.
   13. You agree that you are liable for all costs relating to Works performed. These costs will either be deducted from the sales price per clause 2(a), or in the event that the Watch has been returned to you for any reason, payable by you in accordance with clause 2(e).
   14. Watchfinder may terminate the consignment at any time if, in its sole opinion, you have breached any of the Conditions set out herein. In the event that Watchfinder ends the consignment arrangement, we will return the Watch to you.
   15. You agree not, without our prior written consent, to sell the Watch privately or via any other third-party platforms, directly or indirectly, during the Initial Term.
   16. Time shall not be of the essence for Watchfinder to perform any of its obligations set out within these Conditions.
   17. If there is any conflict between these Conditions and the Consignment Summary, the Consignment Summary will prevail.
   18. You agree that your Watch may feature in limited-in-time promotional or discount campaigns, including but not limited to being eligible for having promotional codes redeemed against it, from time to time (“Campaigns”) and during a Campaign your Watch may be sold for lower than the Minimum Sales Price. In the event that a Watch is sold during a Campaign for less than the Minimum Sales Price, Watchfinder shall deem it as though the sale price of the Watch is the Minimum Sales Price. Watchfinder has no obligation to inform you of any Campaigns.

2. Price

   1. In consideration for selling your Watch on our Platform, we will pay to you the value of the sale price of the Watch to the end-customer, less the Commission and any other deductibles (including, but not limited to, any applicable taxes, importation costs or Works cost) (the “Net Value”). We will pay the Net Value to you in Pounds Sterling.
   2. Subject to further verification checks and procedures, we will pay the Net Value to you within 30 days from the date you have provided us with your bank account details, following the sale of the Watch to the end customer. 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. Any bank details provided must be provided by you, and you are solely responsible for the accuracy of these details.
   3. Please note that we will not pay third party bank accounts (including, without limitation, any company bank accounts) under any circumstances and the name on your Watchfinder account must match your bank account 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 these Conditions 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 reasonably possible. In this case, payment will not fall due. Please see clause 6 for our Remedies.
   5. Any costs payable by you where a sale has not taken place must be paid within 14 days of Watchfinder’s request.

3. Delivery

   1. The following are acceptable forms of delivery of the watch from you to us. You may either:
      1. send the watch to a Watchfinder Premises, as advised by us; or
      2. hand deliver the Watch to a member of staff at a Watchfinder Premises; or
      3. only if offered by Watchfinder, elect to have Watchfinder appoint a courier to collect the Watch on Watchfinder’s behalf from your home address (“Home Collection”), (collectively, the “Delivery Methods”).
   2. You will be sent comprehensive instructions should you select Home Collection as your Delivery Method, which will include packing instructions for your Watch.
   3. It will be your responsibility to appropriately pack your Watch prior to Watchfinder’s receipt.
   4. We do not accept any liability for damage, loss, or non-receipt if, in our reasonable opinion, the watch was not packed properly prior to handing the parcel to our appointed courier or to us/our Premises
   5. You agree to follow all reasonable instructions, written or via telephone, we provide when following any of the Delivery Methods.
   6. In the event that Watchfinder is required to, or elects to, pursuant to these Conditions, return your Watch to you, Watchfinder will do so by requesting you confirm your return address. If you do not respond to Watchfinder within 14 days of such request, Watchfinder reserve the right to return the Watch to your last given address without liability to you.

4. Customs and Import/Export Obligations

   If you are based outside of the United Kingdom, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your Watch incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your Watch in this regard. You are fully responsible and liable for compliantly importing your Watch into the United Kingdom for sale. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your Watch to us. We shall not be liable to you if you fail to comply with these obligations.

5. Your Undertakings

   You undertake that:

   Information supplied by you: (i)

   Title: the Watch is your property and that you are entitled to sell the Watch free from any charge, lien, burden or adverse claim, including any hire purchase or other credit arrangement. In particular: (i) the Watch has not been reported to the manufacturer, police or any other authority as lost or stolen; (ii) the Watch is not subject to an undisclosed finance agreement; and (iii) no other person has any claim to the Watch, whether legal, equitable, possessory or otherwise; and

   Condition: (i) the Watch has not been an insurance “write-off” or subject to substantial remedial repairs; (ii) the Watch has not been altered, customised or tampered with (including replacement parts that are not genuine to the manufacturer or which are counterfeit); and (iii) the Watch is free from significant defects in design, material and workmanship; and

   Authenticity and provenance: 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 radically and fundamentally different from the Watch that you have agreed to supply; and the Watch, serial number and documentation (including any genuine manufacturer’s box and/or paperwork) are original, genuine and accurate; and

   Taxes and Duties: all charges, duties (customs or otherwise), taxes and/or any other fees due and payable by you to any customs, tax and/or other authority in respect of your original purchase, ownership, importation/export, and/or sale of the Watch to us, have been paid in full.
   
   You are fully responsible for any breach of the preceding conditions and remain so notwithstanding the date or time of discovery of such breach by us.

6. Remedies

   If the Watch does not comply with and/or you are in breach of any of the undertakings set out in clause 4 (Your Undertakings) and/or of any other of your obligations under these Conditions or Watchfinder’s express instruction, then, without limiting any of our other rights or remedies available to us at law, we will have the right to any one or more of the following remedies, whether or not we have accepted the Watch: (i) to terminate or rescind the contract; (ii) to reject the Watch and return it to you at your own risk and/or expense; (iii) to require you to provide a full refund of the Net Value (if paid); (iv) 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; (v) our rights and remedies under these Conditions of Purchase are in addition to our rights and remedies implied by statute and common law. In addition to our remedies set out in this clause 6, you agree to fully indemnify us and hold us harmless against all liabilities, claims, losses, damages, fines, costs (including legal/other professional costs and any taxes or duties of customs and excise and any penalties or interest relating thereto) expenses incurred by us as a result of or in connection with a breach of any of your obligations under the contract or any delay or failure in your compliance with any laws, rules or regulations of any jurisdiction, including, but without limitation, any third-party claims arising from any infringement of your obligations under clause 4 (Customs & Import/Export Obligations) and/or clause 5 (Your Undertakings).

7. Our Liability

   1. Subject to clause 7 (c), our total liability to you in respect of all losses arising under or in connection with the consignment of, and subsequent sale of, the Watch, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Minimum Sales Price stated on the Consignment Summary or an updated Minimum Sales Price as documented in writing to you, whichever has been most recently communicated to you.
   2. We shall under no circumstances whatsoever 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 Conditions.
   3. Nothing in these Conditions 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).

8. Guarantee and Representations

   UNDER NO CIRCUMSTANCES DOES WATCHFINDER MAKE ANY GUARANTEES OR REPRESENTATIONS REGARDING PROSPECTS AND EXPEDIENCE OF THE SALE OF THE WATCH. ANY DATES OR POTENTIAL SALE PRICES GIVEN ARE PROVIDED IN GOOD FAITH AND SHOULD NOT BE RELIED UPON BY YOU.

9. General

   Intellectual Property Rights: You expressly permit Watchfinder to take images of your Watch upon receipt. You agree that all intellectual property rights including copyrights related to the images taken on the Watch shall remain the exclusive ownership of Watchfinder. Watchfinder shall be free to reuse the images of the Watch for its own business at any time, without any cost or payment due to You. You are not permitted to use Watchfinder trademarks without prior approval of Watchfinder and agree to never damage the image of Watchfinder.

   Privacy: we only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand out at watchfinder.co.uk/privacy-policy as it includes important terms and conditions which apply to you.

   Entire Agreement: These Conditions along with the documents referred to herein constitute the entire agreement between the parties. If there is any inconsistency between other communications and these Conditions, the latter shall prevail. Save as mentioned above, 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 Conditions.

   Communications between us: if you wish to contact us in writing, or if any clause in these Conditions requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at purchasing@watchfinder.co.uk. 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.

   Waiver: 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 Conditions 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. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

   Events outside of our control: We will not be responsible for any failure to perform, or for any delay in performance of, any of our obligations under these Conditions that is caused by events outside our control. 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, epidemic, pandemic, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of or mandatory restrictions imposed by local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT systems caused by third parties, or delays or non-performance caused by third parties that we rely upon.

   No Partnership or Agency: except as expressly provided, nothing in these 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.

   Severability: if any court or competent authority decides that any of the provisions or paragraphs of these 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.

   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.

   Our right to vary these Conditions: we have the right to revise and amend these Conditions from time to time. You will be subject to the Conditions and policies in force at the time that you place you consign the Watch 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 consignment 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 consignment).

   Transfer of our rights and obligations: We may transfer our rights and obligations under these Conditions 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 Conditions.

   Governing law and jurisdiction: these Conditions 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 laws of England and Wales. The parties irrevocably agree that the competent courts in England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).

   Our details: Watchfinder is a trading name of Watchfinder.co.uk Limited, with its registered office at 15 Hill Street, London, W1J 5QT

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

BUY BACK GUARANTEE

Your watch may be accompanied by our buy back guarantee (if advised accordingly), which means that we guarantee to purchase your watch from you for a sum of at least the value stated in your buy back letter (the “Offered Price”) on or after two years following your purchase of the watch from us, subject to the following terms and conditions.

The buy back guarantee is subject to us inspecting your watch and your watch being returned us in good and saleable condition with all associated boxes, paperwork, link(s) and all other components (where applicable). Any devaluation as a result of a missing box, paperwork, link(s) and/or components will lead to a deduction from the Offered Price. Any servicing or refurbishment work deemed as necessary by us will be deducted from the Offered Price. In particular, we may make deductions from the Offered Price for wear of the watch strap, glass, clasp and other cosmetic damage, as well as normal wear-and-tear and damage caused to your watch by accidents, mishandling, mistreatment or negligence.

If you’ve been provided a “Part Exchange Only” buy back guarantee, the amount paid will be offered only as credit against another stock item. You will not be paid in any other form, including without limitation by cash, cheque or bank transfer. Where the Offered Price is more than the purchase price of the watch you wish to purchase from us, we will not issue you any change. Where the Offered Price is less than the purchase price of the watch you wish to purchase from us, you must pay us the outstanding balance. The transaction will be subject to our usual ‘Buy A Watch’ and ‘Part-Exchange’ (please see ‘Sell Your Watch’) terms and conditions, as amended from time to time. If an order is cancelled, a credit note will be issued or your watch returned to you if not sold, at our discretion. Any subsequent purchases may not benefit from the buy back guarantee. Please see 'Buy a Watch' clause 12(m) for when a credit note is used.

In order to maintain your buy back guarantee, you will need to return your watch to us at least once every 2 years from and including the date of purchase so that we may carry out a health check on your watch (date of purchase means the date that we receive full and cleared funds for the purchase price of your watch; this is the date we receive the final balance payment where you pay by instalments, unless you enter a finance agreement*). For example, if we receive your final payment on 05 February 2012, you will need to return your watch to us so that we receive it by 04 February 2014 and then subsequently at two-yearly intervals i.e. by 04 February 2016, 04 February 2018 etc.) Please note that for the purposes of your free health check, the earliest date on which we will accept your watch is 1 calendar month prior to the relevant due date (so, in the example above for the first health check, 04 January 2014). We will endeavour to send you reminders prior to each health check due date, though are under no obligation to do so.

The buy back guarantee will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent.

The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of your watch. Any modification of your watch by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer will invalidate the buy back guarantee.

If your health check reveals any issue with your watch that is covered by our warranty (please see our full warranty terms and conditions), then we will notify you accordingly and, on your instruction, carry out our recommended works free of charge. We will not be liable for the costs of any service and/or repair work revealed as necessary following the health check carried out by us if such work is not covered by the terms of our warranty.

Please note that you must securely deliver the watch to our appropriate service centre as advised and with adequate insurance, whether for the health check or to return your watch under the buyback scheme or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the UK and you have returned your watch to us for the free health check, we will not make a charge for the postage and packaging costs of returning the watch to you. We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for returning your watch to you if you are based outside of the UK.

Your buy back guarantee is personal to you and is non-transferable. The terms of this Buy Back Guarantee are in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

* Where you enter into a finance agreement, the date of purchase means the date we receive the first balance payment in full and cleared funds from the finance company. You must have paid for the watch in full by the buy back date (2 years after purchase) in order for the guarantee to operate.

VALUATIONS

If Watchfinder is instructed by a customer to carry out such a valuation, the following terms and conditions apply:

1. Watchfinder must physically inspect the watch.
2. The watch must be delivered by the customer to premises designated by Watchfinder.
3. The watch is your responsibility until it reaches our office. Please ensure you package your watch to prevent any damage to the item. We recommend you obtain proof of posting.
4. All deliveries and insurance costs of the watch while in transit are at the customer's expense.
5. Watchfinder will not be bound by any description provided or assumed by either party which, after investigation, proves to be different from that stated on submission of the watch by the customer.
6. A Watchfinder valuation will not prove to verify the provenance of the customer's watch.
7. Watchfinder shall not be liable for the repair of any watch which is revealed as required as a result of Watchfinder carrying out the valuation procedure.
8. The customer shall provide Watchfinder without delay any information that Watchfinder reasonably requires in order to complete the valuation process, which shall include an on-going obligation on the customer to provide Watchfinder without delay any information which could affect the level of valuation, and shall inform Watchfinder without delay in the case of any discrepancy between a Watchfinder valuation and valuations carried out by other parties.
9. Watchfinder reserves the right at its sole discretion to decline to accept any instruction by a customer for a watch valuation.
10. The Time Services terms and conditions apply to any valuation we give. Please note that Clause 9 of the Time Services terms and conditions below includes important limitations of our liability for work carried out by us and third parties. If you do not accept this clause, please either arrange your own insurance accordingly or do not send your watch to us.

CONDITIONS OF SERVICE

ABOUT THESE CONDITIONS OF SERVICE

These Conditions of Service apply to any paid servicing works carried out by watchfinder (as defined below) Servicing Entity (as defined below), using this website and any associated mobile or digital applications that refer to these Conditions of Service (the “Platforms”) or by telephone or via our Sales team (together with the Platforms, the “Sales Channels”).

The entity that will service your watch to you will depend on the delivery address to which you wish to ship the products (“watchfinder”, “us”, “our”, “we”, the “Servicing Entity”):

For purchases with delivery to addresses in the United Kingdom: Watchfinder.co.uk Limited registered at 15 Hill Street, London W1J 5QT.

For purchases with delivery to addresses in Spain: Watchfinder Europe B.V., Sucursal en Espana, Paseo de la Castellana, 28046, Madrid, Spain branch of watchfinder Europe B.V., has its registered office at Herengracht 436, 1017 BZ, Amsterdam, Netherlands, VAT number NL863942957B01

and the legal terms and conditions that will apply to any contract between us and you for the servicing of your watch.

By commissioning watchfinder to carry out servicing work on your watch, you agree to be bound by these Conditions of Service.

You should save these Conditions of Service for future reference.

Watchfinder.co.uk Limited owns and edits the Platforms pursuant to the Terms of Use. Watchfinder.co.uk Limited is also responsible for our information collection practices pursuant to the terms of the Privacy Policy and the Cookie Policy. By placing an order, you agree to be bound by the Terms of Use, Privacy Policy and Cookie Policy the terms of which are incorporated into these Conditions of Sale.

These Conditions of Service should be read in conjunction with any other documents or terms referred to herein.

Clause headings shall not affect the interpretation of these Conditions of Service.

A reference to writing or written includes e-mail.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1. WHAT TO EXPECT

   1. We will assess your watch upon receipt to determine the scope of work required, unless your instructions are specific and limited (for example, to add/remove links or to replace a battery only, in which case we will not carry out a full diagnostic investigation unless requested).
   2. We may need to dismantle your watch in order to determine the scope of work required, which you hereby consent to by agreeing to these Conditions of Service and providing us with your watch (unless your watch is covered by a manufacturer warranty, in which case we will arrange for your watch to be sent unopened to the manufacturer).
   3. Once we have determined the scope of work required, we will provide you with a written quotation detailing the necessary, and any optional, works and the cost of the works (the “Quotation”). No work will be started until you have accepted, in writing, the Quotation and have given us permission to start the work.
   4. Where, in our reasonable opinion, your watch requires replacement parts, we will fit only genuine replacement parts. You will be informed before undertaking these works.
   5. 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 we 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.
   6. You must provide all instructions and/or consents in writing for us to proceed with works under these Conditions of Service.
   7. We will carry out all work with reasonable care and skill. There may be some watch materials that we cannot conduct an element of work on. We will inform you as soon as reasonably practicable of our inability to conduct any such works.

2. TIME FOR COMPLETION OF WORK

   1. We shall perform the work within a reasonable time taking into account our reliance on any third party providers and shall use reasonable endeavours to meet any anticipated completion date where given. All dates quoted for completion of the work are estimates only and you acknowledge that a reasonable time for completion of the work may extend to several months in the case of events outside our control (as per clause 10). Whilst we endeavour to complete the works as quickly as possible, time is not of the essence when completing the work.
   2. Some jurisdictions do not allow a complete exclusion for delay, so the clause above may not apply to you, provided always that we will not be responsible for any loss of profit, or any indirect or consequential loss where the delay stems from causes beyond our control including, without limitation, a delay caused by a manufacturer or other third party.

3. EXTERNAL WORK

   1. We reserve the right, if we are unable to carry out work on your watch in our service centre, to outsource your watch to a manufacturer or other third party. We will provide reasonable notice to you before doing so.
   2. If we need to send your watch to a manufacturer or other third party, this may increase the cost (unless the work is being completed under warranty) and time for completion of the work.
   3. We will provide you with a copy of the manufacturer’s or other third party’s quotation as soon reasonably practicable after receipt by us, for your approval which will be required in writing.
   4. If you do not accept the manufacturer or other third party’s quotation and choose not to proceed with the work, an administrative charge may be applied by them. We will seek to warn you in advance where possible of potential administrative charges, but in any event, you agree to fully reimburse us for any such charges.
   5. While we will make reasonable efforts to ensure that any third parties we instruct to carry out work on your watch comply with reasonable standards of skill, integrity and reliability and with your requirements, you accept and agree that we give no warranty, guarantee or representation as to the suitability of any third party engaged for any work.
   6. You may benefit from a warranty provided by the manufacturer. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. Without prejudice to clause 9(a), we do not accept any liability whatsoever in relation to any work carried out by manufacturers.

4. PRICE AND PAYMENT

   1. Unless agreed otherwise, you will be responsible for payment of all costs due to watchfinder upon notification that the works have been completed.
   2. All payments must be made in the currency advised by watchfinder. Any refunds will be made as soon as reasonably practicable and will be returned in the same currency as that of the payment originally sent to watchfinder, unless the payment currency was contrary to watchfinder’s instructions.
   3. The price for the work excludes delivery costs (between us and you and between us and the manufacturer/third party if applicable), which may be added to the total amount due. If we receive a watch for work that does not proceed, then we reserve the right to recharge any reasonably incurred delivery costs to you, unless the decision not to proceed with the work was ours.
   4. We will only send the watch back to you after receipt of your full payment.
   5. Unless agreed otherwise, payment should be made via debit card or credit card or bank transfer. You will be advised of the appropriate details when issued your Quotation or upon notification that the work has been completed.
   6. We reserve the right (without prejudice to our other rights and remedies) to sell any uncollected or unpaid watches 12 months after the completion date of the works in order to recover any outstanding sums owed to us. We will notify you of the same at the most recent contact address we have on file for you at least one month before we seek to exercise this right. We will deduct any outstanding sum owed to us, together with our reasonable administrative charges incurred in exercising this right, from the proceeds achieved form the sale of your watch and shall seek to return any balance to you (provided you give us your current bank details).

5. SERVICING WARRANTY

   Any chargeable servicing work will entitle you to a 24-month service warranty, protecting your watch against defects arising from our work (“Servicing Warranty”). The Servicing Warranty will cover all chargeable works but only to the extent of the exact repair work carried out, for example: a full service will come with a full warranty on the work but chargeable works on a specific element of the watch will only cover that element.

   Your Servicing Warranty is valid from the date of completion of the work. Any work carried out under our Servicing Warranty (whether a Watchfinder Warranty or a Servicing Warranty) will not extend the relevant warranty period.

   Your Servicing Warranty will be registered to your current postal address. To ensure your Servicing Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, e-mail address and telephone number.

   Our Servicing Warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer’s and/or our instructions). In particular, components not fitted by us, battery replacements, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our Servicing Warranty.

   Your Servicing Warranty will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent in writing.

   In the event of a claim against the Services Warranty, we will seek to repair your watch free of charge (excluding the cost of any parts necessary). You will need to notify us of your claim as soon as reasonably possible after your discovery of a problem with your watch, and in any event no later than 2 weeks after you first notice the problem. We will seek to complete the work within a reasonable period of time, but you acknowledge that this may extend to several months when unavoidably caused by factors beyond our reasonable control, particularly where we may need to rely on third parties.

   We do not provide a Servicing Warranty where the work is completed by a manufacturer.

   We have the final decision on all claims against our Servicing Warranty. If any dispute arises in connection with the Servicing Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, although we are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties, save in the case of manifest error.

   Please refer to the “Delivery Methods” set out in our Conditions of Purchase for details of the acceptable forms of delivery of your watch to us, x applicable to work carried out under the Servicing Warranty.

   The Servicing Warranty is personal to you and is non-transferable, though it may be transferred with our written consent. The Servicing Warranty is in addition to your statutory rights.

6. DELIVERY

   1. You will be advised of a watchfinder delivery address to which you should send your watch. Postage, packaging and insurance will be your responsibility and at your cost (we recommend you follow our instructions, including by using a tracked mail system and retaining proof of postage). Please ensure that you pack your watch appropriately to prevent damage during transit.
   2. Delivery of the watch back to you will be completed when the watch is received at the address you have provided or when you collect the watch from us (we require ID for collections). Please note that if you arrange for your own courier to collect your watch or choose another postal method, delivery will be completed when the watch is collected from our offices.

7. CUSTOMS & IMPORT/EXPORT OBLIGATIONS

   If you are based outside of the jurisdiction you are sending your watch to, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your watch incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your watch in this regard. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your watch to us. We shall not be liable to you if you fail to comply with these obligations.

8. YOUR RIGHT TO CANCEL

   1. You have a right to cancel this contract without giving any reason within the Cancellation Period specified below. The cancellation period will expire 14 days from the day you provide your formal acceptance of our Quotation (the “Cancellation Period”).
   2. To exercise your right to cancel you must notify, by e-mail, either the sales advisor that dealt with your Order or our Customer Services team (AfterSales@watchfinder.co.uk), unequivocally stating your desire to cancel all works.
   3. If you communicate to us, as per clause 8(b), that you wish to cancel the works during the Cancellation Period, you will pay us an amount proportionate to any work that we may already have completed, and/or in respect of any specific parts we may already have purchased to undertake the works, prior to the date of receipt of your cancellation notice. If we have fully completed the work, you will be liable for the full amount due. Subject to deduction in respect of any works already undertaken, or parts purchased, if you have paid for the works in advance, we will return the monies due to you as soon as reasonably practicable and to the account/payment method you paid us from. For the avoidance of doubt, if you communicate your desire to cancel works prior to parts being purchased and/or works beginning, no cost will be due to you for the works.

9. OUR LIABILITY

   1. Nothing in these Conditions of Service shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict such liability (including without limitation: (i) death or personal injury caused by our negligence; and (ii) our fraud or fraudulent misrepresentation).
   2. Subject to clauses 9(a) and 9(c), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of or damage to goodwill; (vi) loss of use or corruption of software, data or information; or (vii) any indirect or consequential loss arising under or in connection with work carried out under these Conditions of Service.
   3. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential loss, so the above exclusion at clause 9(b) (vii) 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 instructed us to proceed the work. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were communicated between you and us at the time we entered into the contract.
   4. In the event that we lose your watch, we will endeavour to replace your watch like for like. If we are unable to replace your watch, we will reimburse you to our assessed value of the watch.
   5. If, due to our negligence, we damage your watch, we will pay for the reasonable costs of the repair, as determined by us, or replacement (less wear or tear) of your watch.
   6. Without prejudice to the 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 your watch or pay for the works within 12 months of the date of completion of the work; (ii) any sentimental or other non-commercial value stated by you as attaching 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 have instructed 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 third party 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, but 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) anything that did not result from a breach by us of these Conditions of Service.
   7. Subject to clause 9(a), our total liability to you in respect of all other losses arising under or in connection with work carried out on your watch, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total cost of the work, as detailed on the most recently issued Quotation, or the market value of your watch as estimated by us (whichever is lower).
   8. Until a formal Quotation has been issued, watchfinder makes no warranties, representations or guarantees that any cost estimate provided to you prior to receiving your watch is the final price or scope of the works. Please note that once we receive the watch, the costs and scope of the works may differ from any estimate previously provided to you.

10. EVENTS OUTSIDE OF OUR CONTROL

    We will not be responsible for any failure to perform, or for any delay in performance of any of our obligations under these Conditions that is caused by events outside our control. This does not affect your legal rights.

    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, epidemic, pandemic, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of or mandatory restrictions imposed by 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 that we rely upon.

11. ENTIRE AGREEMENT & CONFLICT WITH OTHER AGREEMENTS

    These Conditions of Service, and any other applicable documents referred to herein, constitute the entire agreement between the parties. If there is any inconsistency between other communications and these Conditions of Service, the latter shall prevail. Save as mentioned above, 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 Conditions of Service.

12. GENERAL

    Privacy

    We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.

    Communications between us

    If you wish to contact us in writing, or if any clause in these Conditions of Service requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at aftersales@watchfinder.co.uk.

    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.

    Waiver

    If we fail, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations under the contract or any of these Conditions of Service 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.

    A waiver by us of any default of these Conditions of Service by you will not constitute a waiver of any subsequent default.

    No waiver by us of any of these Conditions of Service will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

    Severability

    If any court or competent authority decides that any of the provisions or paragraphs of these Conditions of Service 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 Conditions of Service, which will continue to be valid to the fullest extent permitted by law.

    Third party rights

    Except as expressly provided, and subject to any rights that you may have under any applicable manufacturer’s warranty, 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.

    Our right to vary these Conditions of Service

    We have the right to revise and amend these Conditions of Service from time to time.

    You will be subject to our terms and conditions in force at the time that you place your Order with us, unless any change to those terms and conditions is required to be made by law or governmental authority (in which case they will apply to orders previously placed by you), or if we notify you of the change to those terms and conditions 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 conditions by proceeding with your Order).

    Transfer of our rights and obligations

    We may transfer our rights and obligations under these Conditions of Service 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 Conditions of Service.

    Governing law and jurisdiction

    These Conditions of Service shall be governed by and construed in accordance with the laws of England, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, shall be adjudicated or arbitrated in accordance with the Conditions of Service. Where the laws of England are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

    You may bring proceedings against us either in the courts of England or in the country where you are domiciled. We may bring proceedings against you in the courts of the country where you are domiciled.

    If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr/

    As a consumer, nothing in these Conditions of Sale will affect your statutory rights.

PROMOTIONS

All promotional offers and/or discount vouchers and/or free gifts (the “Promotions”) are subject to the following terms and conditions:

1. Unless stated otherwise, promotions are open to residents of the UK, Channel Islands, Isle of Man and Republic of Ireland aged 18 years or over as at the start date of the relevant promotion, except employees of Watchfinder.co.uk Limited, anyone else professionally associated with the offer or any member of their households.
2. Maximum 1 offer or voucher per customer and per transaction. Only one entry per person will be accepted for all prize draws and multiple entries using the same information will be treated as one entry.
3. Vouchers/offers can only be redeemed against single items of a value of £1000.00 or greater (unless advised differently) and transactions must be of an equal or higher value than the voucher.
4. Promotions are as stated, are non-transferable, no cash alternative will be offered and no change will be given.
5. Vouchers are and shall remain our property and are not for resale or publication.
6. Promotions are subject to commencement and expiry dates as advised.
7. Promotions are not available to be used in conjunction with any other offer, promotion or discount and are subject to availability.
8. In the case of Promotions involving free gifts, the free gift will be sent out once we have processed the paperwork. We do not accept responsibility for entries not accepted due to incomplete or missing data and or failure to meet the conditions set out within these terms & conditions. In the event that the product is unavailable at the time of selecting, a reasonable equivalent will be offered in replacement.
9. In the case of Promotions involving free prize draws, all entries will be collected and the winners of the draw will be selected at random after the close of the draw and the winners will be notified. If any selected winner cannot be contacted, is ineligible or fails to claim a prize or otherwise fails to provide information that we need in order to deliver prizes, the prize in question may be forfeited and an alternative winner selected.
10. In the case of Promotions offering a Flash Sale, the offer is redeemable against the items declared on the website exclusively and are valid for the pre-established term of the sale respectively. Items available in the Flash Sale which are added to a basket but not checked out until after the Flash Sale has ended will automatically revert to their pre-sale price if still available for purchase.
11. The winners of any free prize draw agree to participate in such promotional activity and material that we may require for the purposes of administrating this offer.
12. By entering a Promotion, you consent to our Privacy Policy.
13. We reserve the right to amend, modify, cancel or withdraw any Promotion at any time without notice where it becomes necessary to do so.
14. Our decision is final for all Promotions and no correspondence will be entered into.
15. Our general terms and conditions apply.
16. These rules shall be governed by and construed in accordance with the laws of England and Wales.

PROMOTIONAL AND DISCOUNT CODES

Watchfinder may, from time to time, issue promotional codes for discounts and other promotions on select Watchfinder products (“Promo Codes”).

1. All Promo Codes must be used within the time frame provided for on the communication of the Promo Codes. Unless otherwise agreed by Watchfinder in writing, Promo Codes are limited to one use, are non-transferrable and no cash alternative will be provided. Any other specific terms of Promo Codes will be provided on each issuance of a Promo Code.
2. To receive the benefit of the Promo Code, you must fulfil any specific criteria set out on the communication of the Promo Code (example: sign up to our newsletter before a certain date), if any, and enter a valid Promo Code in the relevant box at the online checkout. You may be able to use Promo Codes in one of Watchfinder’s local stores, if set out in the specific Promo Code communication. To do so, please quote the valid Promo Code when in store to activate it.
3. Unless Watchfinder agrees otherwise, Promo Codes cannot be used in conjunction with any other discount, promotion or offer run by Watchfinder.
4. Promo Codes cannot be used against products sold by our Certified Sellers (as indicated on each product page).
5. Watchfinder reserves the right to suspend or revoke any Promo Codes at any time without notice to you.

Part Exchange Promotion

* The following terms and conditions apply to the “£250 towards your next watch when you part exchange with Watchfinder.co.uk Limited” (“Watchfinder”) promotion (the “Promotion”):

1. To redeem the Promotion, please contact Watchfinder by phone or email and reference this email, stating the Promotion and that you would be interested in a part exchange as the Promotion is only applicable to part exchange transactions;
2. The Promotion is valid until 31st March 2021 at 23:59 BST;
3. The Promotion will be used against a newly purchased watch (the “New Watch”). The New Watch will be automatically discounted at checkout, subject to the correct redemption of the Promotion, as per above;
4. There will be no cash alternatives offered as part of or as a consequence of the Promotion;
5. The Promotion is non-transferable and is personal to you;
6. The Promotion cannot be used in conjunction with any other sale, offer, discount or promotion without Watchfinder’s written approval;
7. The Promotion may be used against any product on watchfinder.co.uk and against any product in a Watchfinder operated brick and mortar store; and
8. The sale, and Watchfinder’s purchase, of any goods purchased using the Promotion will also be subject to our “Buy a Watch” and “Sell Your Watch” terms and conditions, as applicable, which can be found here: Terms and Conditions. If there are any contradictions between these terms and the “Buy a Watch” and “Sell Your Watch” terms and conditions, these terms will prevail.

MAKE AN OFFER

Where the ‘Make an Offer’ option appears on our website, you may make an offer to buy the watch in question subject to the following terms and conditions:

1. We are under no obligation to accept the highest or any offer made.
2. Offers exclude postage and packaging costs and all other charges, including but not limited to any credit card charges.
3. We endeavour to respond to all offers within 2 hours of the offer being made during normal working hours. However, time is not of the essence and if Watchfinder does not respond to you within 2 hours, the offer will remain valid.
4. If we decline your offer, we may contact you in order to make a counteroffer.
5. If we accept your offer, which will usually be communicated either by phone or by email, you are required to complete the transaction.
6. If we accept your offer, our usual terms and conditions of sale apply (please see "Buy a Watch").

PRICE PROMISE

These terms and conditions (the “Terms”) will outline the basis on which Watchfinder.co.uk Limited (“Watchfinder”) will make an offer lower in value than that of the advertised price of a watch on sale (“Advertised Watch”) from an Authorised Watch Retailer (as defined below) for an equivalent watch on www.watchfinder.co.uk (the “Price Promise”).

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.

• The Price Promise may only be used for an Advertised Watch sold directly by a reputable (in Watchfinder’s reasonable opinion) watch retailer, via any reputable platform (an “Authorised Watch Retailer”) that is operating in the United Kingdom and must be in the equivalent currency as Watchfinder’s watches.
• The Price Promise will not apply if the Advertised Watch is being sold by a private individual, an outlet or factory store, membership-exclusive deals or auction prices.
• The Price Promise will not be applicable for Advertised Watches included a promotion or are discounted when an offer-code is applied with the Authorised Watch Retailer.
• The Price Promise may be applied multiple times against any valid Advertised Watch up until the point of sale if a cheaper Advertised Watch is found. For example: if a cheaper, alternative, Advertised Watch is found after the initial Price Promise has been agreed to, Watchfinder will, pursuant to these terms, lower the original offer so it is cheaper than the new, lower, price of the Advertised Watch.
• The Price Promise will not be applicable, and Watchfinder has no liability under the Price Promise, if a cheaper, alternative, Advertised Watch is found after the Watchfinder watch has sold. No cash, refund (notwithstanding your standard consumer rights) or alternative payment will be available in this instance.
• The Advertised Watch must be identical in brand, model number, functionality and materials used in all elements of the watch.
• The Advertised Watch must be in stock and available for immediate purchase and delivery processing from the Authorised Watch Retailer and Watchfinder.
• Watchfinder reserve the right to refuse the Price Promise if it is uneconomical for us to beat the price of the Advertised Watch due to additional costs including, but not limited to, delivery costs, customs and import/export duties and applicable taxes. For example, if the sales price of the Advertised Watch is exceedingly low, with a higher-than-normal delivery cost, the Price Promise will not apply.
• The Price Promise will not be applicable if there is a clear and identifiable typographical error on the Authorised Watch Retailer’s advertising.
• You will be responsible for evidencing the Advertised Watch’s current, lower price to Watchfinder’s satisfaction. Evidence shall include, but is not limited to, as requested by Watchfinder: a URL to the web page of the Advertised Watch; written evidence of the value of the Advertised Watch from the seller; or the contemporary, valid and existing advertisement that details the value of the Advertised Watch.
• The Advertised Watch must be accompanied by a manufacturer or Authorised Watch Retailer warranty.
• The Advertised Watch must be accompanied by at least the equivalent watch box and warranty documentation as the equal watch would have on Watchfinder (for example: if there the original manufacturer warranty is still applicable on Watchfinder’s watch but not the Advertised Watch, this would not qualify for the Price Promise).
• The condition of the Advertised Watch must not significantly deviate from Watchfinder’s watch. The decision on the condition of the Advertised Watch will ultimately be Watchfinder’s.
• The Advertised Watch must be newer or no older than six (6) months older than Watchfinder’s watch.
• The Price Promise will not include any postage, packaging or administrative fees.
• Any transaction made using the Price Promise, including by how much Watchfinder will lower the price of their watch below the Advertised Watch’s advertised price, will ultimately be at Watchfinder’s discretion.
• Watchfinder reserve the right to refuse the Price Promise against an Advertised Watch that you have already made payment towards (this includes any part-payments or deposits towards a watch).
• Watchfinder reserves the right to withdraw the Price Promise at any time.

Any transaction completed pursuant to the use of the Price Promise will be subject to Watchfinder’s “Buy a Watch” terms and conditions, found here: https://www.watchfinder.co.uk/terms-and-conditions.

These Terms shall be governed and construed in accordance with the laws of England and Wales. Nothing in these Terms will affect your statutory rights.

Black Friday - Early Access

The Black Friday - Early Access (the "Sale") will be subject to these Terms and Conditions:

• This Sale is run by Watchfinder Watchfinder.co.uk Ltd (“Watchfinder”).
• This Sale is available online, on our website, and in any Watchfinder boutique and will consist of discounted Eligible Items (as defined below).
• These terms and conditions supplement Watchfinder’s standard terms and conditions of sale on Watchfinder’s website. In the event of any conflict between these terms and conditions and our standard terms and conditions of sale, these terms and conditions shall prevail.
• The Sale discount will be applied automatically at the checkout to eligible items that are on the Sale landing page: https://www.watchfinder.co.uk/promo/black-friday-2024 (“Eligible Items”).
• The Sale discount is available on Eligible Items ordered from 20/11/2024 16:02 GMT, up to and including 25/11/2024 08:00 GMT.
• Watchfinder will alternate the stock within the Sale from time to time and reserves the right do so without prior notice.
• This discount cannot be combined with any other promotion, discount or offer, unless agreed in writing by Watchfinder.
• This discount is non-transferable, non-exchangeable and no cash alternative is offered.
• Each discount on the Eligible Items is set on an individual basis by Watchfinder.
• Watchfinder reserves the right to cancel, suspend, or modify the operation and conduct of this Sale at any time without notice.
• For more information on how Watchfinder Watchfinder.co.uk Ltd uses your personal data, please refer to our Privacy Policy.
• Nothing in these terms and conditions affects your statutory rights.

DROP 7

The DROP 7 (the "Sale") will be subject to these Terms and Conditions:

• This Sale is run by Watchfinder Watchfinder.co.uk Ltd (“Watchfinder”).
• This Sale is available online, on our website, and in any Watchfinder boutique and will consist of discounted Eligible Items (as defined below).
• These terms and conditions supplement Watchfinder’s standard terms and conditions of sale on Watchfinder’s website. In the event of any conflict between these terms and conditions and our standard terms and conditions of sale, these terms and conditions shall prevail.
• The Sale discount will be applied automatically at the checkout to eligible items that are on the Sale landing page: https://www.watchfinder.co.uk/promo/drop7 (“Eligible Items”).
• The Sale discount is available on Eligible Items ordered from 13/02/2024 12:17 GMT, up to and including 01/12/2027 00:59 GMT.
• Watchfinder will alternate the stock within the Sale from time to time and reserves the right do so without prior notice.
• This discount cannot be combined with any other promotion, discount or offer, unless agreed in writing by Watchfinder.
• This discount is non-transferable, non-exchangeable and no cash alternative is offered.
• Each discount on the Eligible Items is set on an individual basis by Watchfinder.
• Watchfinder reserves the right to cancel, suspend, or modify the operation and conduct of this Sale at any time without notice.
• For more information on how Watchfinder Watchfinder.co.uk Ltd uses your personal data, please refer to our Privacy Policy.
• Nothing in these terms and conditions affects your statutory rights.

TERMS OF WEBSITE USE

Last updated: December 2018

About Watchfinder and these Terms of Website Use

Watchfinder.co.uk Limited has its registered offices at 15 Hill Street, London W1J 5QT, United Kingdom. The Platforms are owned and edited by Watchfinder.

These Terms of Website Use govern your use of Watchfinder websites and mobile applications (together the “Platforms”). In these Terms of Website Use, we use the term Watchfinder (and "we", "us" and "our") to refer to the head office of Watchfinder at the registered address above and its affiliates.

Please read these Terms of Website Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Website Use. If you do not agree to these Terms of Website Use, then you are not authorised to continue use of the Platform.

Updates to these Terms of Website Use

We may make changes from time to time to these Terms of Website Use so please check back regularly to keep informed of updates. The latest version of these Terms of Website Use will always be available on the Platform. Any new version of these Terms of Website Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

Our privacy policy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

Watchfinder e-Boutique – Terms and Conditions

Customers selling products to Watchfinder or purchasing products from Watchfinder online or by phone through the Watchfinder Client Relations Centre must read the Terms and Conditions, which will govern the terms and conditions of any such sales or purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone; please refer to the Terms and Conditions for the relevant exclusions and limitations of liability.

Use of materials on the Platforms

Watchfinder has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Watchfinder products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Watchfinder cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our boutiques or authorised retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Watchfinder Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Watchfinder Material in any way for any public or commercial purposes. Furthermore, Watchfinder Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Website Use, your permission to use Watchfinder Material will automatically terminate and any copies made of Watchfinder Material must be immediately destroyed. Any unauthorised use of Watchfinder Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your submissions and unsolicited communications

This section concerns communications sent to Watchfinder. It does not concern the communication of personal information to Watchfinder in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Watchfinder via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Watchfinder. By sending communications to Watchfinder, you automatically grant Watchfinder a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Watchfinder and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Limitation of liability

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

Watchfinder tries to ensure that the information provided is accurate and complete. However, Watchfinder does not warrant or represent that Watchfinder’s Material is accurate, error-free or reliable or that use of Watchfinder Material will not infringe rights of third parties.

Watchfinder does not warrant that the functional and/or technical aspects of the Platforms or the Watchfinder Material will be error free or that the Platforms, Watchfinder Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Watchfinder Material results in the need for servicing or replacing property, material, equipment, data or other element, Watchfinder is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Watchfinder and its suppliers make no warranties about the Watchfinder Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, Watchfinder shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Watchfinder has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

Trademark notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Watchfinder trademarks or are licensed for use by Watchfinder by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Watchfinder’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Copyright notice

All content (including Watchfinder Materials) on the Platforms are either Copyright © Watchfinder or are licensed for use by Watchfinder. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

Links & linking

The Platforms may contain links to other platforms operated by third parties not affiliated to Watchfinder. The inclusion of any link to such third party sites does not imply endorsement by Watchfinder of those sites. Watchfinder has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Watchfinder does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

Termination and suspension

You agree that Watchfinder may terminate or suspend your access to and use of the Platforms if Watchfinder reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Website Use, or violated the rights of Watchfinder, its affiliated companies or any third party, with or without notice to you. You agree that Watchfinder may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Watchfinder will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Website Use.

General provisions

Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Watchfinder’s products and services and in certain cases to present products for sale via a variety of means. Watchfinder makes no representation that Watchfinder Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Watchfinder Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Website Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Website Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Website Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Website Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by Watchfinder of a breach of any provision of these Terms of Website Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable law and jurisdiction

These Terms of Website Use shall be governed by and construed in accordance with the laws of England & Wales, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Website Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Website Use. Where the laws of England & Wales are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

Contact us

If you have any questions or comments about these Terms of Website Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

legal@watchfinder.co.uk