(a) Before placing an Order with TheWatchRoom.com please read these Terms carefully. These Terms form the binding contract between you and TheWatchRoom® (“Us”) for the sale of our Goods to you. By placing an Order with TheWatchRoom you are agreeing to be bound by these Terms.
(a) Key words used in our Terms have the following definitions:
(1) Terms: the terms and conditions set out in this document.
(2) Goods: the watch that we are selling to you, or any other watch accessory that we may offer from time to time.
(3) Sourced Goods: Goods that we are not currently advertising for sale and that you have expressly asked us to source on your behalf from a third-party agent.
(4) Order: your order for the Goods.
(5) Paperwork: as much of the original paperwork, that would have been supplied when the watch was first sold as new, that formed the sale of the watch to us, we will pass on to you as part of the Order. This may include some, all or none of the following:
The original warranty certificate
The card bearing the serial number of the Goods (can be the same as the above)
The original user manual
Any original swing tags
The original box
Any additional paperwork / manuals / branded materials supplied when new.
(6) Us: TheWatchRoom®; Us; We – are interchangeable terms and all have the same meaning, namely TheWatchRoom® with registered offices at 101 Rose Street South Lane, Edinburgh, EH2 3JG, UK.
(7) You: means the user of the Website, whether you purchase Goods or not.
(8) Parties: means both You and Us.
(9) Website: the website with domain name www.thewatchroom.com
(10) Working Days: are defined as a Monday, Tuesday, Wednesday, Thursday or Friday, unless that day is a public holiday.
(11) Limited Warranty: means TheWatchRoom® 12 month warranty offered on some Goods (see section 3.2. WARRANTY)
(12) Accepted Repair: means work required to the Goods that we accept In Writing is covered by our Limited Warranty, and as such the cost of repair will be borne by us.
(13) In Writing: shall mean communication via email or letter.
(14) Card: means the credit or debit card used to purchase the Goods.
(15) Return Period: is defined in section 3.5. RETURNS
(b) If any part of these Terms is deemed to be invalid, unlawful or unenforceable by the Laws of England and Wales, all other Terms shall remain in force and are not nullified by the invalid, unlawful or unenforceable Terms.
3. BUYING A WATCH
(a) By placing an Order you are certifying that you are over 18 years of age, that the Card used to purchase the Goods belongs to you and is in your name, and that you have read and understood all applicable Terms before making the purchase of the Goods.
(b) When you place an Order, this does not create a binding promise that the Goods are still available for purchase. Someone may have purchased the Goods shortly before you and whilst we will always endeavour to quickly update the stock position on the Website, this may not always be immediately after the sale of Goods. If you have paid for Goods that are no longer in stock, we will refund your payment in full. Notification of Order cancellation will be sent by email and we will attempt to reach you by telephone to explain the Goods have gone out of stock and that the Order is cancelled. The exception to this is where we reasonably suspect a fraudulent Card payment – see clause 8. SUSPECTED FRAUD.
(c) At times, Goods advertised for sale on our Website may be undergoing repair, maintenance or valuation work at a third-party provider and as such may not be available for dispatch until this work has been completed to our satisfaction. In this instance, we will notify you In Writing of the estimated shipping date and if this is more than 10 Working Days from the date of Order you have the right to cancel and receive a full refund.
(d) We will continue to advertise the Goods for sale on our Website until the full purchase price has been paid by you and received by us. For the avoidance of doubt, all Goods shall remain the property of TheWatchRoom® until payment has been received in full.
(e) Whilst we will meticulously check all Goods taken into stock, we cannot guarantee that the supplied Paperwork is genuine and authentic.
(f) Photographing watches is an inherently difficult task thus the Website images may not always accurately reflect the colour and condition of the Goods.
(g) The price of Goods is subject to change at any time, but not during your buying process. This means the price of Goods will remain unchanged once we have received your Order, whilst we are awaiting payment and once payment is received and during the shipping process. Should you return the Goods during the Returns Period (see clause 3.5. RETURNS), we may restock the Goods at a different price.
(h) We are a UK-based business and as such all prices quoted on our Website, or communicated to you via phone or In Writing, are in GBP. Payments can only be received in GBP for the listed price at the time of Order. If you are buying from outside of the United Kingdom then you are responsible for the currency exchange rate to send the payment to us in GBP. Likewise, should we need to make a refund to you, this will be done in GBP and we are not liable for any currency fluctuations back to your home currency.
(i) All prices on our Website, or communicated to you via phone or In Writing, are quoted as net of any applicable United Kingdom taxes. UK VAT Margin Scheme rules may apply. If you are buying from outside of the United Kingdom then you may be liable to pay additional import duties. This is your sole responsibility and you should contact your tax or customs authorities for more information. We are unable to give any guidance or estimate any import taxes that may become due. It is your sole responsibility to comply with all applicable laws of the country in which you are receiving the Goods.
(j) The quoted price of Goods includes delivery costs only if shipping is within the United Kingdom. If shipping is outside of the United Kingdom you will be notified In Writing of the additional delivery costs. The additional delivery cost and the quoted price of the Goods must both be received in cleared funds, and in GBP, before the Goods will be dispatched.
(k) We can accept payment for the Goods, and any additional shipping if applicable, in the following ways:
United Kingdom customers:
Cash: if we have agreed to meet you in person then we will accept cash up to a maximum of £9,000 GBP, but only if you are able to present valid Government-issued photo ID plus proof of address (recent utility or council tax bill).
Credit card or debit card,
Cheque: made payable to TheWatchRoom. The Goods will not be shipped until cleared funds are received in our bank account.
Bank transfer: We accept BACS, CHAPS and faster payments into the bank account we notify you of during the Order process.
Customers outside of the United Kingdom:
Credit card or debit card, paid via the Website only.
Bank transfer: We accept BACS, CHAPS, faster payments and international payments into the bank account we notify you of during the Order process.
(l) By prior agreement only, we may accept a holding deposit for any Goods and will hold the Goods, without selling to another party, for a maximum of 7 Working Days (unless agreed otherwise). If by the end of the 7 days holding period we have not received the remaining balance in cleared funds using one of the payment methods listed above, we will cancel your Order and refund the holding deposit. At this time we will also relist the Goods for sale on our Website.
(m) Whilst we will endeavour to list accurate pricing on our Website, human error can sometimes occur. We are not bound to sell you Goods at a listed price if that price is listed in error. Should this come to light, we will correct the Website price and notify you of the corrected price. It is then your decision if you want to proceed with the Order at the corrected price or cancel the Order. In the event that the Website listed price error becomes known after you have placed the Order and paid for the Goods then we will notify you In Writing of the pricing error and the corrected price. If the corrected price is greater than the Website listed price then in order to proceed with your purchase you will need to pay the relevant additional sum. If the corrected price is lower than the Website listed price then we will proceed with your Order and also reimburse you the relevant sum.
3.1. DELIVERY / SHIPPING
(a) We reserve the right to reject your Order if you ask us to deliver the Goods to a country we deem to be high risk. High risk countries will change from time to time so are not listed here. If you are unsure then please contact us prior to placing an Order.
(b) Delivery of Goods within the United Kingdom will normally be made via Royal Mail Special DeliveryTM but we may choose to use an alternative courier at our discretion. Delivery costs will be borne by us. Deliveries outside of the United Kingdom will be made via a reputable point-to-point courier service (e.g. DHL or FedEx) and delivery costs will be payable by you. You will be notified of the international delivery costs during the Order process.
(c) For both United Kingdom and International deliveries, we will notify you of the expected delivery date. TheWatchRoom® is not liable for delays in the arrival of Goods that are out with our control or in the event you have provided us with inaccurate delivery instructions. Should we have to incur additional shipping costs to continue shipping or to resend a returned package then these costs must be paid by you before shipping will continue.
(d) Shipping will only be made to the address given with your Order. If you pay by Card, then shipping will only be made to the Card billing address.
(e) All shipments will require a signature on arrival. This must be made by an adult over 18 years of age. If no one is available to receive the Goods then the remainder of the shipping process will follow the courier’s normal process (which could involve them leaving a calling card, and/or attempting re-delivery the next working day).
(f) If the arriving package is damaged or appears to have been tampered with then you must refuse receipt and tell the courier company to return to sender. Once received back to us we will check the Goods and re-ship to you once we are happy that everything is in order.
(g) Delivery of Goods will be completed once signed for or received in person in the event of a face-to-face meeting. If you choose to arrange a collection of the Goods by a courier of your own choosing, then the Goods will be deemed to have been delivered as soon as they are collected from us by your courier. For the avoidance of doubt, we are in no way responsible or liable for the loss or damage of the Goods by your own courier.
(a) All Goods are sold with either a TheWatchRoom® Limited Warranty or the balance of the manufacturer warranty, whichever is longer. TheWatchRoom® warranty is a Limited Warranty for a period of 12 months from the date of delivery of the Goods and is not offered in the event the manufacturer warranty has more than 12 months left to run.
(b) In the event the Goods are sold with the balance of the manufacturer warranty then any issues with the Goods should follow the appropriate manufacturer process (which is outlined in the supplied Paperwork or via the manufacturer’s website). Should the Goods develop a fault whilst under manufacturer warranty do not return the Goods to TheWatchRoom®. This does not affect your statutory rights in relation to the sale of Faulty or not as described Goods.
(c) TheWatchRoom® specialises in pre-owned watches and where the watch is outside of manufacturer warranty, and thus is sold together with TheWatchRoom® Limited Warranty, we can no longer guarantee that the timekeeping of the watch will be within the manufacturer stated tolerances and also we cannot guarantee the manufacturer’s claim for waterproofing. If you chose to submerge the watch under water and there is water ingress into the case this would not be covered under TheWatchRoom® Limited Warranty.
(d) You must notify us of any change of address during the 12 month TheWatchRoom® Limited Warranty period.
(e) We have the final decision on whether or not to accept a claim under TheWatchRoom® Limited Warranty. Claims will be immediately rejected if we become aware of any of the following:
The watch has been submerged under water
The watch has been modified or altered in any way (except for adjustments to the bracelet or strap) unless done so by the manufacturer
The watch has had impact, heat or particle damage
The watch case back has been opened, unless done so by the manufacturer
(f) The following are not covered by TheWatchRoom® Limited Warranty:
Normal wear and tear to the watch strap, glass or case
Theft or loss of your watch
Issues caused by accidents
Issues caused by mishandling, mistreatment or negligence
Issues caused by failing to adhere to the manufacturer and/or TheWatchRoom® instructions
(g) In the event of a valid claim against TheWatchRoom® Limited Warranty we will repair, replace or refund your watch at our sole discretion. The time taken to action any TheWatchRoom® Limited Warranty claim may involve third parties and/or the original manufacturer, and as such we do not have control over the repair timeline. On that basis, no specific service levels or guaranteed turnaround times are given for warranty claims.
(h) We reserve the right to have any watch undergoing assessment under TheWatchRoom® Limited Warranty inspected by an independent third-party qualified watchmaker to assess the cause of failure, although we are under no obligation to do so. The findings of the third-party watchmaker’s report will be binding between the Parties, and should any instances of clauses e) and f) above be found, the Warranty claim will be affected and may be rejected at our sole discretion.
(i) The cost of returning the watch securely to us, and with insurance up to the purchase price of the watch, for assessment under a TheWatchRoom® Limited Warranty is your responsibility.
If you are based within the United Kingdom:
In the event that we accept your TheWatchRoom® Limited Warranty claim, we will reimburse you for the cost of sending the watch to us. In addition, the cost of returning the repaired or replacement watch to you will be paid by us.
In the event that we reject your TheWatchRoom® Limited Warranty claim, then the cost of sending the watch to us will not be reimbursed, and in addition you will be liable for additional delivery charges to have the watch, unrepaired, be returned to you. We will notify you In Writing of the reasons for any rejected claim and the cost of return postage. The watch will not be returned to you until we receive cleared funds covering the return postage.
If you are based outside the United Kingdom:
In the event that we accept your TheWatchRoom® Limited Warranty claim, we will reimburse you for the cost of sending the watch to us, however because we will be receiving the watch from an international address you must follow our express instructions regarding package labelling and customs declaration. Declarations and labelling must clearly state “return for repair”, or other wording we instruct you to use. Failure to follow our labelling and declaration instructions may result in unnecessary import or customs charges which you will be solely liable for paying. We will not return your repaired watch until we have received cleared funds for such charges incurred by us. In addition, as a UK business we only offer free shipping within the United Kingdom and as such you will be liable to pay the cost of return shipping of your repaired or replaced watch. The watch will not be returned to you until we receive cleared funds covering the return postage.
In the event that we reject your TheWatchRoom® Limited Warranty claim, then the cost of sending the watch to us will not be reimbursed, and in addition you will be liable for additional delivery charges to have the watch, unrepaired, be returned to you as well as any import or customs charges we may have incurred to receive your watch. We will notify you In Writing of the reasons for any rejected claim and the cost of return postage and import or customs charges if applied. The watch will not be returned to you until we receive cleared funds covering these amounts.
(j) Delivery of the watch will be completed when we return the watch, either repaired, unrepaired or replaced, to the address in your original Order. At this time TheWatchRoom® Limited Warranty claim will be closed as complete.
(k) TheWatchRoom® Limited Warranty is personal to you and is non-transferable. Should you sell or gift the watch to another person during the 12 month TheWatchRoom® Limited Warranty period the warranty does not transfer with the watch and the warranty will automatically close on the date of transfer to the new owner.
3.3. BRACELET SIZING
(a) We will not routinely attempt to size the bracelet to your wrist prior to delivering the Goods. Bracelet sizing is your responsibility and can be done in minutes and very inexpensively at any qualified jeweller or watchmaker. At our sole discretion we may choose to resize the bracelet for you if your instructions are clear (for example if on a Rolex Oyster bracelet, you always require 1 link removed from each side).
(b) Given the nature of our Goods a watch may not be sold to us with a full accompaniment of bracelet links. We are selling the Goods to you on the same basis and the purchase of any additional links is your responsibility.
3.4. AGE OF GOODS
(a) If the Goods are sold with Paperwork then the age of Goods shall be deemed to be from the date stamped on the Paperwork by the originally supplying authorised dealer. You acknowledge that the actual date of manufacture may be earlier than the date stamped on the Paperwork.
(b) If the Goods are sold without Paperwork then we have no exact way to date the Goods and will provide a good faith estimate. This estimate will use the date range provided by the manufacturer against the serial number, where this is available. Otherwise the age stated on our Website may be influenced by any dates we were told when we bought the watch into stock. In the event the Goods are being sold with no Paperwork you acknowledge that the age of the Goods listed on the Website is an estimate only and we provide no representation or warranty, express or implied, in relation to the accuracy of the age of the Goods.
(a) It is our normal process to accept returns that arrive to us within 14 calendar days of delivery of the Goods. If you are planning to return a purchase, please make sure you ship the Goods within enough time for them to arrive to us within 14 calendar days from the date of delivery of the Goods.
(b) The cost of adequately and safely packaging the Goods and returning them to us is your responsibility. It is also your responsibility to ensure that the Goods are appropriately packaged so as to prevent damage during transit. You must also insure the Goods during transit to the full purchase price of the Goods.
(c) Our 14 day Return Period expires on the 15th calendar day after the Goods were delivered. Any return arriving after 14 days from the date the Goods were delivered will not be accepted by us.
(d) Please always contact us before returning any Goods – that way we know why you are returning and also we will be on the lookout for your package.
(e) Returned Goods will only be accepted by us if they are in the exact same condition they were when we sent them to you, including the undamaged return of all accompanying Paperwork. Try the watch on by all means but do not wear it until you are sure you want to keep it. We will not accept returns where the Goods have been used, damaged or tampered with, even if the Goods are Faulty. All Goods will be shipped with a special tag that will allow the Goods to be tried on. Do not remove this tag until you are happy with the Goods. RETURNS WILL NOT BE ACCEPTED IF THIS SPECIAL TAG HAS BEEN REMOVED.
(f) Returned Goods will be inspected by us and if they are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, then we reserve the right to reject the return. Alternatively, we may offer to repair the Goods, which shall be at your cost. If agreed by you, we will repair the Goods and the cost of the repair will be deducted from the refund monies due. If you do not agree to the repair amount then the return will be rejected by us and cleared funds to cover the delivery cost back to you must be paid by you and received by us before we will return the Goods to you.
(g) Where we have conducted a face-to-face handover of the Goods the 14 day Return Period will not apply. During the face-to-face meeting, you will have the opportunity to try on and inspect the Goods and accompanying Paperwork before making final commitment to complete the Order. Once we have received cleared funds and you have accepted the Goods in person, then the Order will be complete and no Return Period will apply (save for any statutory rights you may have).
(h) The cost of returning Goods is your responsibility and you accept that you will return the Goods using a tracked courier or mail service, and that the Goods will be adequately insured for the purchase price paid and be appropriately packaged so as to avoid damage in transit. We will not accept the return of damaged Goods.
(i) Whilst all of our Goods are thoroughly inspected before sale, if you do receive Faulty Goods then you must return the Goods (including any Paperwork, boxes and anything else you were sent on purchasing the Goods) promptly and always within 14 days of advising us that the Goods are Faulty.
(j) If you live in the United Kingdom and on delivery discover that the Goods are Faulty, we will reimburse you for reasonable return postage costs – provided you comply with our reasonable return instructions and provide us with a copy of your postage receipt.
(k) If you live outside the United Kingdom and on delivery discover that the Goods are Faulty, we will reimburse you up to a maximum of £50 GBP for return postage – provided you comply with our reasonable return instructions and provide us with a copy of your postage receipt. At our sole discretion, and depending on the circumstances, we may choose to reimburse a higher amount.
(l) If your return meets the above criteria you will be issued a refund of the purchase price paid less any irrecoverable fees we have already incurred. These could include credit/debt card processing fees and/or 3rd party platform sale fees (e.g. if you purchased through Ebay or Chrono24).
3.6. FAULTY GOODS
(a) It is our legal duty to supply you with Goods that are in conformity to the Terms.
(b) The Terms require you to inspect the Goods as soon as is practical upon receiving the Goods. Should the Goods be faulty or not as advertised (“Faulty”), then you must inform us promptly and always within 7 days of receiving the Goods. For the avoidance of doubt, Goods can only be reported as Faulty within 7 days of delivery of the Goods. Faults discovered thereafter may be subject to a TheWatchRoom® Limited Warranty, or manufacturer warranty, claim (see section 3.2. WARRANTY).
(c) In the event of receiving Faulty Goods you must contact us and arrange for the Goods to be returned to us within 14 days of your notification to us that the Goods are Faulty.
(d) Once we receive the Faulty Goods, we will inspect them. If we agree that the Goods are faulty then you can:
(i) Request a refund. The refund amount will be the purchase price paid for the Goods, adjusted for any costs resulting from clauses 3.5. RETURNS (f) and 3.5. RETURNS (j) if you live in the United Kingdom or 3.5. RETURNS (f) and 3.5. RETURNS (k) if you live outside the United Kingdom.
(ii) Request that we replace the Goods. If you elect to have the Goods replaced you acknowledge that given the nature of the Goods we sell, we may be unable to source a suitable replacement and we are under no obligation to replace the Goods if it is impossible to do so, or if sourcing a suitable replacement places unreasonable costs on us. Sourcing a replacement for the Faulty Goods is therefore at our sole discretion and the alternative will be to offer a refund as described above, or offer to have the Goods repaired as described below.
(iii) Request that we repair the Goods. If you elect to have the Goods repaired we cannot guarantee the time required for the repair, and it could easily extend to several months. Here we are reliant on third parties, which we do not control. The cost of repairing Faulty Goods shall be borne by us. In the event that we deem the cost of repair to be commercially unviable we will not proceed with the repair. This decision will be at our sole discretion. Should we reject a repair then the alternative will be to offer a refund or to replace the Goods, as described above.
(e) You acknowledge that the Paperwork supplied with the Goods (where supplied) forms a substantial part of the value of the Goods and as such failure to return all Paperwork in the same condition in which it was received will alter the refund amount due. In the event of Paperwork not being returned, or being returned but damaged, we will deduct 25% of the purchase price of the Goods before refund.
(f) This clause only deals with Faulty Goods. If you buy multiple Goods in one Order and not all Goods are Faulty, then you are only entitled to return the Faulty Goods under this clause. You are not entitled to return any non-Faulty Goods.
(g) As a consumer you have legal rights in relation to the sale of Faulty Goods, and nothing in our Terms is designed to affects your legal rights. More information on your legal rights can be found by contacting Citizens Advice (www.citizensadvice.org.uk) – Website address correct at the time of writing.
3.7. SOURCING A WATCH
Should you instruct us to source Goods that are not being advertised for sale on our Website the following additional Terms shall apply. Please see section 3. BUYING A WATCH for other Terms that will apply.
3.7.1 – Acknowledgement
(a) You acknowledge that when sourcing Goods on your behalf:
we will engage in a binding contract of sale with one of our networked distribution agents to source the Goods to then on-sell to you
we will pay for the Goods in full with that agent before we can on-sell the Goods to you
this tri-party process requires us to change certain Terms
3.7.2 – Sourcing process
(a) When you contact us regarding sourcing Goods not currently for sale on our Website, we will take the details of the item you require, along with relevant personal information about you, and contact our networked distribution agents for availability and pricing. We will notify you of the details of the Goods to be sourced and the Offer price In Writing.
(b) In order to accept the Offer price you are required to pay a deposit (“Offer Deposit”) which will be 30% of the Offer price.
(c) Once we have received your Offer Deposit you acknowledge that you are unable to cancel the Order or terminate the contract of sale if we have already paid for the Goods in full to the third-party. If you wish to cancel an Order for us to source a watch for you, you must contact us before attempting to cancel to check if we have already paid the third-party for the Goods. If so, then the Order cannot be cancelled.
(d) On receipt of the Offer Deposit we will place the Order with the third-party agent.
(e) Delivery times will vary and are out of our control. We will advise you In Writing of the expected delivery timeframe, which may be given as estimated time range (e.g. one to three weeks). You acknowledge that delivery timelines for Sourced Goods may be longer than in-stock TheWatchRoom® products, and that TheWatchRoom® is in no way liable for the delivery times of Goods sourced from third-parties.
(f) Once the Good are received by us we will check them against your Order and if satisfactory we will notify you In Writing that the Goods are in stock and you will be required to pay the remaining 70% purchase price balance (“Sourcing Balance”) before we dispatch the Goods to you. This notification will be given In Writing and we will endeavour to include actual photographs of the Goods wherever possible.
(g) Once we have received the Sourcing Balance, we will dispatch the Goods within our usual turnaround times.
(h) The Sourcing Balance must be received by us within 14 days or our notification to you that the Goods are in stock. If we do not receive the Sourcing Balance within 14 days, then we reserve the right to consider your Order as cancelled and offer the Goods for sale on our Website. Should this happen your Offer Deposit will not be returned to you and will be used to offset our losses from sourcing the Goods and the subsequent cost of advertising the Goods for sale.
3.7.3 – Returns
(a) Our normal 14-day Return Period will not apply for Sourced Goods as we are paying a third-party in full for Goods that you have expressly requested us to source for you. This does not affect your statutory rights.
4. SELLING YOUR WATCH
(a) This section tells you information about our policies and the Terms relating to you selling us your watch.
(b) Please read these Terms carefully and make sure that you understand them before selling any items to us. You acknowledge that by engaging in the process of selling us your watch, or instructing us to sell your watch on your behalf, you agree to be bound by these Terms, and any other documents expressly referred to in the Terms.
(c) If you refuse to accept these Terms you will not be able to sell your watch to us or sell your watch via or Website.
(d) If you would like to sell your watch to us you will need to provide us with the details of your watch, including its model, make, condition, serial number (if known) and any other Paperwork that forms part of the sale. You can do this by entering the information in the “SELL” or “SELL YOUR WATCH” sections of our Website.
(e) Our process of considering whether or not we want to buy your watch will be greatly enhanced if you also upload multiple high-quality images of the actual watch you wish to sell, taken from different angles.
(f) You must provide full and accurate information about your watch. Failure to do so may invalidate the Quotation or final Offer we make to purchase your watch.
(g) Once we have received the information and photographs (if applicable) of your watch we will consider its value to us and also whether or not we are interested in purchasing it. You should not send the watch to us at this stage. If we decide we are interested in purchasing your watch, which will be at our sole discretion, we will make an initial indicative offer (“Quotation”). The Quotation is not binding and is subject to the physical inspection of the watch by us or any instructed third-party jeweller, valuer or watchmaker. The final offer price made (“Offer”) may differ from the Quotation and will be informed by the results of said inspection. If the information and photographs (if applicable) given to us about your watch is insufficient for us to value the watch then we may not be able to offer a Quotation, or the Quotation may be a price range, subject to physical inspection.
(h) We will notify you In Writing of our Quotation price if we decide we are interested in purchasing your watch. At this time we will ask you to send the watch to us. The cost of packaging and shipping your watch to us is your responsibility and we recommend that you use a tracked courier service from the Royal Mail or a reputable point-to-point delivery service such as DHL or FedEx. We also highly recommend that you adequately insure the package during the transit process.
(i) In offering to sell us your watch you warrant that the watch is owned by you or that you have the right to sell the watch on behalf of someone else. You will indemnify and hold us harmless in the event any third party makes a claim against us that we have purchased a watch that belongs to them or someone that they represent and should not have been sold to us.
(j) Wherever possible, we aim to collect proof of purchase and ownership with every transaction by asking you to provide an original sales receipt or invoice for the watch. Should this not be available we may reject the offer of sale, or continue with the sales process depending on the risks as we see them. Please note, a warranty card (whether in your name or not) will not be accepted as proof of purchase. You acknowledge that the decision to continue with the sale without proof or purchase is at our sole discretion and we reserve the right to cancel the transaction at any time.
(k) Any Quotation given is not legally binding and is always subject to contract. We reserve the right to amend or withdraw the Quotation at any time and without liability to you.
(l) On receipt of your watch we will begin our inspection, due diligence and valuation process, which may include instructing a search through The Watch Register (www.thewatchregister.com). Please note: should your watch match an item on The Watch Register’s database of stolen watches then TheWatchRoom® will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment or credit will be made and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance in negotiating an amicable settlement with any good faith holders. As soon as a clear check result is received, where relevant, an inspection of your watch and any accompanying Paperwork will then be carried out. Where a Quotation has previously been given by us, we will then contact you by email with a final Offer for your watch. Notwithstanding any such inspection or testing, you shall remain fully responsible for the Goods, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract.
(m) Where relevant, a revised Offer may be given where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a material impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
(n) If we decide to make an Offer for your watch, in order to proceed with a sale, you will need to accept our Offer In Writing, and also accept these contract Terms. The Offer for your watch will be made In Writing and your written acceptance of the Offer will start the sale process. During the sale process we will confirm In Writing the agreed sum to be paid by us for your watch, when the payment will be made, and the payment method that will be used. You acknowledge that the time it takes for cleared funds to arrive into your account after we make the payment is not in our control and we will not accept liability for any delay in you receiving payment.
(o) Any Quotation and Offer price made for your watch will be in Pounds Sterling, and the price quoted will be net of any applicable United Kingdom taxes. UK VAT Margin Scheme rules may apply. In the event that you need to refund or return any sum to us this must also be done in Pounds Sterling. If you are based outside of the United Kingdom then the responsibility for the exchange rate is solely yours, and you acknowledge that the amount you need to refund or return may be affected by the prevailing exchange rate.
(p) During the sale process you must advise us of the bank account you wish to receive the payment into. For financial crime avoidance purposes, we will require proof of identity before making any payments. Payments cannot be made to an account not in your name. You acknowledge that you are responsible for ensuring the accuracy of the bank account details. We will not accept liability should you provide us with inaccurate bank details.
(q) In the event that we discover that your watch has been lost or stolen, is not fully owned by you, is counterfeit, or is damaged, or any other undertaking provided by you in section 4.4. YOUR UNDERTAKINGS is breached we have option to rescind the contract, which is without prejudice to any other rights we may have. If we chose to exercise this right, we will do so In Writing and in this case payment for your watch will not fall due. If we have already made payment then you must refund us the full Offer price paid within 7 days from receipt of notice that the contract has been rescinded.
(r) You acknowledge that you must pay all amounts due under these Terms in full and without any deduction or withholding, except as required by law, and you will not be entitled to assert any credit, counterclaim or set-off 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 to you by us.
(s) Whilst we endeavour to avoid mistakes, in the event that we mistakenly provide you with an incorrect Offer we will rectify and reissue the Offer as soon as is reasonably practicable after notification of the mistake. You acknowledge that such a mistake is a pricing error and we do not have to buy your watch at the incorrect Offer price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by systems failures.
(a) Only once instructed by us you must send your watch to the address we will provide to you.
(b) The cost of shipping, secure packaging, insurance and any taxes or charges applicable shall be your responsibility and at your cost. If you are based outside of the United Kingdom, you may have to pay export duty or other taxes, fees and charges as applied by customs or other authorities. You must comply with all relevant laws and regulations of your country. Any additional charges for customs clearance must be borne by you (note: these charges are out of our control and we cannot predict what they will be).
(c) You accept that you are sending us your watch at your own risk and that we take no responsibility for its safe arrival. This process is not in our control after all. We do suggest that you package the watch appropriately, use a registered courier delivery services, fully insure the watch to its value and obtain proof of postage.
(d) If you decide not to proceed with a sale to us you will be responsible for the postage, packaging and insurance costs to return the watch to you. If we are returning the watch to you as a result of a breach of an undertaking under section 4.4. YOUR UNDERTAKINGS then you are responsible for the postage, packaging and insurance costs to return the watch to you. We will notify you In Writing of the postage, packaging and insurance costs to return your watch and you accept that your watch will only be returned once we have received cleared funds to cover postage, packaging and insurance.
(a) Once we receive your watch it will be inspected by us for condition, authenticity and accuracy against all points in clause section 4.4. YOUR UNDERTAKINGS.
(b) This may include the watch being inspected by our third-party watchmaker and as such the inspection timeline is not fully within our control. Watches are usually inspected within 10 Working Days however this can at times take longer. We will notify you In Writing if we believe the inspection will take longer than 14 Working Days.
4.3. RISK AND TITLE
(a) Your watch will be your reasonability during the delivery process and will become our responsibility once delivered to our requested location. Please note: we will not accept delivery of arriving packages that appear damaged in any way and in this case the responsibility of the watch remains with you.
(b) If we are returning your watch under clause 4.1 DELIVERY (d) then you will be responsible for the watch as soon as it is collected by or deposited with the delivery company.
(c) Subject to these Terms, ownership of your watch will pass from you to us when the contract has been completed between us and we have paid the full Offer price to you.
4.4. YOUR UNDERTAKINGS
4.4.1 The Watch
(a) You will ensure that the watch will:
(i) be accurately described to us and that the watch will correspond with this description.
(ii) be in full working order and be of satisfactory quality.
(iii) have no non-manufacturer parts fitted (including but not limited to non-manufacturer strap or bracelet), unless previously notified to us in the supplied description and as such been considered by us in the Quotation price.
(b) There are no undisclosed defects with the watch, whether physical, cosmetic, or mechanical
(c) The watch has not been altered or tampered with and has not been an insurance “write-off” or subject to material remedial repairs.
4.4.2 Information Supplied By You
(a) You confirm that:
(i) all the information supplied by you before conclusion of a contract under these Terms is true, accurate and complete.
(ii) you accept that our decision to buy your watch and any Quotation and Offer prices given are directly related to the information supplied by you and as such you declare that you have not concealed any fact or matter concerning the authenticity, identity, condition, quality, provenance, history, ownership and legal status, or general character of the watch that may be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch and/or the Quotation and Offer prices made.
(i) you have the legal right to sell the watch free from any charge, lien, burden or adverse claim.
(ii) the watch has not been reported to the police, any other authority or the manufacturer as lost or stolen.
(iii) the watch is not subject to any finance agreement.
(iv) no other person has any claim over the watch, whether legal, equitable, possessory or otherwise
4.4.4 Authenticity and Provenance
(a) You accept that everything that goes into the description of your watch, including the specific make, model and serial number as well as the condition of the watch as described by you, is a material and essential part of its identity and that the absence, non-fulfilment or misrepresentation of any such element renders the watch in the perception of us and you as radically and fundamentally different from the watch you have agreed to supply.
(b) The Paperwork you supply with the watch are original, genuine, accurate and have not been altered or tampered with in any way.
(a) If the watch itself, or your actions, do not fully comply with clause 4.4. YOUR UNDERTAKINGS, then without limiting any other rights and remedies available to us, 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 the contract.
(ii) to reject the watch and return it at your risk and expense, and only once we have received cleared funds to pay for the postage, packaging and insurance.
(iii) to require you to provide a full refund of the Offer price paid for the rejected watch (if already paid by us).
(iv) to recover from you any costs incurred by us in obtaining substitute items from a third party.
(v) to claim damages for any other costs, losses or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under these Terms.
(vi) our rights and remedies under these Terms are in addition to our rights and remedies implied by statute and common law.
(a) Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under these Terms or any contract whatsoever.
5. OUR LIABILITY
(a) Our total liability to you in respect of all losses arising under or in connection with the sale of Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.
(b) You acknowledge that we supply Goods for domestic and private use only, and you acknowledge that any Goods you purchase will be used as such and will not be used for any business, commercial or re-sale purpose. You further acknowledge that under no circumstances shall we be liable to you, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) You acknowledge that we shall under no circumstances we be liable to you, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.
6. FORCE MAJEURE
"Force Majeure Event" means the occurrence of:
(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;
(b) ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
(c) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the supply, maintenance and delivery of the Goods and which is not attributable to any unreasonable action or inaction on the part of us or any of our suppliers and the settlement of which is beyond the reasonable control of all such persons;
(d) specific incidents of exceptional adverse weather conditions in excess of those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the date of the sale of Goods;
(e) tempest, earthquake or any other natural disaster of overwhelming proportions;
(f) discontinuation of electricity supply, not covered by the agreement concluded with the relevant utility company; or
(g) other unforeseeable circumstances beyond the control of us against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts, which in each case directly causes either party to be unable to comply with all or a material part of its obligations under these Terms;
1) We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. This does not affect your legal rights.
2) As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, we shall submit to you reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of our obligations under these Terms.
We shall consult together in relation to the above matters following the occurrence of a Force Majeure Event.
7. EVENTS OUTSIDE OF OUR CONTROL
(a) In addition to Force Majeure events (see section 6. FORCE MAJEURE), we will not be responsible for any failure to perform any of our obligations, nor any delay in the performance of our obligations, under these Terms that is caused by events outside of our control. This does not affect your statutory rights.
8. SUSPECTED FRAUD
If we reasonably suspect a fraudulent Card payment has been made to us for the purchase of Goods, or otherwise, then we will be under no obligation to dispatch the Goods. Instead we will alert the relevant authorities and ask them to investigate. We will not refund any such payments until authorised by or bank or relevant authority.
9. COMMUNICATION BETWEEN THE PARTIES
(a) If any clause in these Terms requires you to notify or contact us In Writing, then you can send this via email to email@example.com or via pre-paid post to The Watch Room, 101 Rose Street South Lane, Edinburgh, EH2 3JG, UK.
(a) If we fail, at any time during the term of a contract, to insist upon strict adherence to any of your obligations under these Terms and, or if we fail to exercise any of the rights or remedies available to us under these Terms, this will not constitute a waiver of such rights or remedies and we will not relieve you from compliance with such obligations.
(b) A waiver by us of any right or remedy available to us under these Terms shall not constitute a waiver of any subsequent right or remedy.
(c) No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and given to you In Writing.
11. OUR RIGHT TO AMEND THESE TERMS
(a) We have the right to revise and amend these Terms at any time.
(b) You will be subject to the Terms in force at the time that you place your Order with us – unless any change to those Terms is made by law or governmental authority (in which case it may apply to orders previously placed by you), or if we notify you of the change to the Terms 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 by proceeding with your Order).
(a) No variation to these Terms shall be effective unless it is In Writing and signed by the Parties (or their authorised representatives).
13. TRANSFER OF OUR RIGHTS
(a) We may transfer the rights and obligations under these Terms to another organisation or legal entity, and we will always notify you In Writing if this happens. This will not affect your rights or obligations or our rights or obligations under these Terms.
14. ENTIRE AGREEMENT
(a) These Terms constitute the entire agreement between you and us and supersedes and nullifies all previous versions or drafts of the Terms. These Terms also prevail over any other understanding between you and us, whether written or oral.
15. CONFLICT WITH OTHER AGREEMENTS
(a) These Terms constitute the entire agreement between the Parties. In the event of inconsistency between these Terms and any other communication between us, these Terms shall prevail. You acknowledge that you have not relied on any statement, representation or promise made or given by us which is not set out in these Terms.
16. GOVERNING LAW AND JURISDICTION
(a) These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
(b) The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
(c) Although you agree that these Terms are governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with TheWatchRoom in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the Terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
17. OUR DETAILS
(a) TheWatchRoom® is a sole trading private company. Our registered address is The Watch Room, 101 Rose Street South Lane, Edinburgh, EH2 3JG, UK.
18. TERMS OF WEBSITE USE
Last updated: October 2021
ABOUT THEWATCHROOM® AND THESE TERMS OF WEBSITE USE
TheWatchRoom® has registered offices at 101 Rose Street South Lane, Edinburgh, EH2 3JG, UK. The Website and mobile sites (together the “Platforms”) are owned and edited by TheWatchRoom®.
These Terms of Website Use govern your use of TheWatchRoom® Platforms. In these Terms of Website Use, we use the term TheWatchRoom®, “we”, “us” and “our” to refer to TheWatchRoom® administration address stated above.
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 changed to these Terms of Website Use from time to time so you should check back regularly to keep informed of updates. The latest version of these Terms of Website Use will always be available on the Platform. By using the Platform, you will always be governed by the latest Terms of Website Use.
USE OF MATERIALS ON THE PLATFORMS
TheWatchRoom® 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 TheWatchRoom® 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, or the inherent challenges in accurately photographing highly reflective watches. Accordingly, TheWatchRoom® cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.
You may download or print the material made available to you via the Platforms, or download the application onto 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) ("TheWatchRoom® 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 TheWatchRoom® Material in any way for any public or commercial purposes. Furthermore, TheWatchRoom® 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 TheWatchRoom® Material will automatically terminate and any copies made of TheWatchRoom® Material must be immediately destroyed. Any unauthorised use of TheWatchRoom® Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS
Any unsolicited communication or material that you transmit to TheWatchRoom® 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 TheWatchRoom®. By sending communications to TheWatchRoom®, you automatically grant TheWatchRoom® 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 TheWatchRoom® 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.
TheWatchRoom® tries to ensure that the information provided is accurate and complete. However, TheWatchRoom® does not warrant or represent that TheWatchRoom® Material is accurate, error-free or reliable or that use of TheWatchRoom® Material will not infringe rights of third parties.
TheWatchRoom® does not warrant that the functional and/or technical aspects of the Platforms or the TheWatchRoom® Material will be error free or that the Platforms, TheWatchRoom® Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or TheWatchRoom® Material results in the need for servicing or replacing property, material, equipment, data or other element, TheWatchRoom® 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. TheWatchRoom® and its suppliers make no warranties about the TheWatchRoom® 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, TheWatchRoom® 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 TheWatchRoom® 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.
COPYRIGHT AND TRADEMARK REGISTRATION NOTICE
All content (including TheWatchRoom® Materials) on the Platforms are either Copyright© TheWatchRoom® or are licensed for use by TheWatchRoom®. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
The following marks shown below have been registered with the UK Intellectual Property Office under the Trade Mark Act 1994 Great Britain and Northern Ireland as a series of 4 marks under No. UK00003643713, effective as of the date 19/05/2021 and have been entered in the register on 08/10/2021:
(iii) the watch room
(iv) watch room
The marks have been registered in respect of:
Watches made of precious metals or coated therewith;Watches;Watch bracelets;Watch clasps;Alarm watches;Watch straps;Electronic watches;Women's watches;Diving watches;Quartz watches;Chronographs [watches];Automatic watches;Divers' watches;Sports watches;Mechanical watches;Dress watches;Wrist
watches;Watches and clocks;Chronographs as watches;Bracelets for watches;Clocks and watches;Straps for watches;Bracelets and watches combined;Watches made of gold;Watches for outdoor use;Watches for sporting
use;Mechanical watches with automatic winding;Watches made of precious metals;Mechanical watches with manual winding.
Unauthorised or unlicenced use of the above marks is strictly prohibited by law.
LINKS & LINKING
The Platforms may contain links to other platforms operated by third parties not affiliated to TheWatchRoom®. The inclusion of any link to such third-party sites does not imply endorsement by TheWatchRoom® of those sites. TheWatchRoom® 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. TheWatchRoom® 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 TheWatchRoom® may terminate or suspend your access to and use of the Platforms if TheWatchRoom® 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 TheWatchRoom®, its affiliated companies or any third party, with or without notice to you. You agree that TheWatchRoom® may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that TheWatchRoom® 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.
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting TheWatchRoom®’s products and services and in certain cases to present products for sale via a variety of means. TheWatchRoom® makes no representation that TheWatchRoom® 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 TheWatchRoom® 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 TheWatchRoom® 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.
If you have any questions or comments about these Terms of Website Use, or matters generally, please contact us at the email address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Last updated: October 2021
Where we offer our products for sale online or by phone, you must read the applicable Terms of sale, which will govern the terms and conditions of any such purchases made in this way.
INFORMATION YOU PROVIDE TO US AND HOW WE USE IT
We collect the information from you as detailed below:
To access certain areas of our Platform, you will need to register with us. During the registration process you will be asked to submit personal information about yourself (including your name and address, date of birth, e-mail address and telephone number). By entering your details in the fields requested, you enable TheWatchRoom® to provide you with the services you select;
When you purchase products online or by phone, we collect information such as your purchase details and relevant payment information. In addition, we will also collect personal information from you when you correspond with us (for example, if you contact us with a query about one of our products or services). Please note that phone calls will on occasion be recorded for security, training and development purposes;
If you choose to interact with TheWatchRoom® via a social media platform or other third-party service, we will collect the information you have provided to us through that platform;
We also collect certain information automatically about visitors to our Platform, described in the section headed "Cookies and other information that we automatically collect", below; and
We will collect information about your location to the extent that we provide any location services, described in the section headed “location services” below.
We will use the information we collect from you to:
Manage and fulfil purchase and repair orders, facilitate delivery, and to provide after-sales services;
Manage our accounts and records;
Deal with your enquiries and requests;
Send service related communications, including announcements and administrative messages such as Order confirmation;
Identify products and services we think you might be interested in based on your information, such as your purchase history and your previous interactions with us;
Send you marketing communications (including e-mails and social media audience matching) relating to us and other third party partners and that we think may be of interest to you where we have a legitimate basis to do so (please see the “Your choices” section below for further information about how you can control these updates);
Conduct market research so that we can continuously improve the services we provide to our customers;
Undertake credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our Platform and services secure; and
Understand how our Platform is used so that we can continuously improve our Platform and services and other offerings.
Where you have agreed to a particular use of your information, we process it on the basis of your consent. You may withdraw that consent at any time (for example, for us to send you marketing communications) by contacting us (see the section headed “Contact us” below). We also process your information where this is necessary for the performance of a contract with you or where it is necessary for our legitimate interests of operating, protecting and improving our business.
COOKIES AND OTHER INFORMATION THAT WE AUTOMATICALLY COLLECT
What is a cookie?
Cookies are text files, containing small amounts of information, which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognise your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform.
There are two broad categories of cookies:
First party cookies, served directly by TheWatchRoom® to your computer or mobile device. They are used only by TheWatchRoom® to recognise your computer or mobile device when it revisits our Platform.
Third party cookies, which are served by a third-party service provider on our Platform, and can be used by the service provider to recognise your computer or mobile device when it visits other platforms. Third party cookies are most commonly used for platform analytics or advertising purposes.
Cookies can remain on your computer or mobile device for different periods of time. TheWatchRoom® uses both 'session cookies' and ‘permanent cookies’. Session cookies exist only while your browser is open and are deleted automatically once you close your browser. Permanent cookies survive after your browser is closed and can be used to recognise your computer or mobile device when you open your browser and browse the internet again.
What cookies does TheWatchRoom® use?
The Platform serves only the following types of cookies to your computer or mobile device:
Cookies necessary for essential purposes
These cookies are essential to provide you with services available through this Platform and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.
These cookies serve a variety of purposes related to the presentation, performance and functionality of this Platform. Their overall purpose, however, is to enhance visitors’ experience and enjoyment of this Platform.
For example, some of these cookies enable visitors to specify language, product or other platform preferences.
These cookies are used to collect information about how visitors use our Platform.
The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Platform, the platforms that referred them to our Platform and the pages that they visited on our Platform.
We use this information to help run our Platform more efficiently, to gather broad demographic information and to monitor the level of activity on our Platform.
When you visit our Platform or click on advertisements or promotional areas on the Platform these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help to evaluate the effectiveness of advertising and promotion.
They are usually placed by advertising networks with our permission. They remember that you have visited a platform and this information is shared with other organisations such as advertisers.
These cookies enable users to share pages and content through third party social media and other platforms. The companies that serve these cookies may also use your information to serve targeted advertising on other platforms.
How to control or delete cookies
You can set your cookie preferences by changing your browser settings so that cookies from this Platform cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility).
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.
We will collect information about your computer or mobile device, including where available your IP address, operating system, log-in times and browser type. We use this information to better understand how visitors use our Platform and for internal reporting purposes. We will anonymise and share this information with advertisers, sponsors or other businesses.
The Platforms use third parties such as network advertisers and ad exchanges to serve you ads on third party platforms after you leave our Platforms, and we use third party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Platforms and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which are based on your visits to the Platforms and other apps and sites you have visited. Third party ad serving enables us to target advertisements to you for products and services that you might be interested in.
You have choices in respect of the delivery of ads. You can opt-out of receiving certain types of behavioural ads by visiting the third-party websites described in the section headed “How to control or delete cookies” above. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options.
Some of the services that we provide are able to use information about your location. For these services, which are typically available on mobile devices or applications, you are provided with the opportunity to provide your consent to the use of location services, which, for example, process information deriving from GPS, sensors, beacons or Wi-Fi access points in order to allow you to benefit from a more personalised service. Your device will have settings that allow you to turn off these services should you no longer wish to benefit from them.
SHARING YOUR INFORMATION
We do not share personal information about you with other people or non-affiliated companies except under the following circumstances:
we will disclose your personal information to third party providers for the purposes of providing online and other payment services, handling credit checks and fraud prevention, and any other services required in order for us to use your information for the purposes specified in the section entitled “Information you provide us and how we use it”;
we will disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party; and
PROTECTING YOUR INFORMATION
We want you to feel confident about using our Platform, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We have appropriate technical and organisational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction. However, where we ask you to choose a password in order to access certain parts of our Platform, you are responsible for selecting a secure password and keeping that password confidential. You should choose a password which you do not use on any other site, and you should not share it with anyone else.
RETAINING YOUR INFORMATION
We keep your information for only as long as is necessary for our purposes, and in particular to protect ourselves in the event of a legal claim (for example, information relating to a contract with you will be kept for the lifetime of the contract and up to ten years after). After this period, it will be deleted or in some cases anonymised. Where we sought your consent to process your personal information and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent we will delete your personal information.
If you request that we no longer send you direct marketing communications, we will keep a record of your request and contact details to ensure that your request is respected.
You have the right to ask for access to any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. In some circumstances, you have the right to request the erasure of your personal information or a restriction of its use.
You have the right to object to us processing your personal information in some cases. In particular, you can ask us to stop sending you direct marketing communications at any time (however please note that we may continue to send you service-related (i.e. non-marketing) communications, such as e-mail updates on your Order status). If you wish to exercise any of these rights, please write to us at the address listed below.
You may unsubscribe from e-mail marketing communications at any time by e-mailing the address below in the section headed “Contact us” or clicking on the ‘unsubscribe’ link in any TheWatchRoom® marketing e-mails.
If you have a concern about how we use your information, as a first step please contact us using the details set out below and we will do our best to resolve your concern. After investigating your concern, we will respond to you In Writing within a reasonable time setting out our proposed remedial action. If you think we have processed your personal information in a manner which is unlawful or breaches your rights you also have the right to complain to a European Data Protection Authority in your place of residence or work, or the jurisdiction in which the processing took place.