Terms of business
The following are the terms (“Terms”) on which Schofield Watch Company Limited (“we” “our” or “us”) have agreed to supply watch or watch accessories (“Goods”) to you (“you” or “your”).
1.1 You may place an order for Goods by telephone, internet or any other oral or written form of communication, however no orders for Goods submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by us (“Confirmation”).
1.2 You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the Confirmation is correct.
1.3 These Terms shall apply to the exclusion of any other terms that you seek to impose.
2 The Goods
2.1 We warrant that on delivery and for a period of 24 months (watches only) from the date of purchase/settlement, the Goods shall:
2.1.1 be of satisfactory quality;
2.1.2 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
2.1.3 be free from material defects in design, material and craftsmanship; and
2.1.4 comply with all applicable statutory and regulatory requirements for selling Goods in the United Kingdom.
2.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
2.3 This warranty does not apply to any defect in the Goods arising from improper use, fair wear and tear and ageing (e.g. any alteration of the colour and/or material or non-metallic straps and chains, such as leather, textile, rubber), wilful damage, accident or negligence by you (or any third party) or failure to follow any directions given by us.
2.4 This warranty will be void if:
2.4.1 the case back is opened; or
2.4.2 the watch has been repaired in any way by a third party; or
2.4.3 modifications have been made to the watch by anyone but us or anyone endorsed by us.
2.5 During the 24 month warranty period we will repair any defect covered by the warranty free of charge.
2.6 We will take reasonable steps to pack the Goods properly and to ensure that you receive the Goods in good condition.
2.7 In the unlikely event that the Goods do not conform with the provisions of these Terms we will either:
2.7.1 provide you with a refund in accordance with clause 5; or
2.7.2 supply replacement Goods.
2.8 These Terms will apply to any replacement Goods we supply to you.
3.1 We will deliver the Goods to you at the address provided to us by you (“Agreed Address”). We do not deliver to PO Boxes. Deliveries will be made as follows:
3.1.1 For international delivery, items are shipped by DHL, Royal Mail Airsure or other Royal Mail service and take 2-4 days for Europe and 5-10 days for the rest of the world from the date we notify you that we have dispatched your Goods (“Date of Dispatch”);
3.1.2 For delivery within the UK, items are shipped with Royal Mail and Royal Mail Special Delivery and take 1-3 calendar days from the Date of Dispatch.
3.1.3 All parcels must be signed for.
3.2 Delivery of the Goods shall be completed when we deliver the Goods to you and the carrier has confirmed delivery to the Agreed Address.
3.3 We will take reasonable steps to meet the delivery date set out on your order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
3.4 If you fail to take delivery of the Goods then without prejudice to any other right or remedy available to us:
3.4.1 delivery of the Goods shall be deemed to have been completed at the time you failed to take delivery; and
3.4.2 we may store the Goods until actual delivery and charge you for the reasonable costs, including insurance and storage; or
3.4.3 we may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price payable or charge you for any shortfall below that price
3.5 If you order multiple Goods we may deliver the Goods by instalments which shall be invoiced and paid for separately. Each instalment shall constitute a separate supply of Goods. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
3.6 If the parcel displays outward signed of damage upon delivery, you must open it in the presence of the carrier to check the state of the Goods. Any damage should be reported to the carrier and you should e-mail us to inform us of the situation.
3.7 It is your responsibility to report non-delivery of the Goods within 14 days of the Date of Dispatch.
4 Consumer Rights
4.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) apply unless the contract between you and us was concluded on our business premises. Where the Regulations apply you may cancel your order for the Goods at any time within 14 days after the day on which the contract is entered into, i.e. the date on which we issue the Confirmation.
4.2 Where you exercise your right of cancellation in accordance with clause 4.1 you must return the Goods to us within 14 days of the date of cancellation and we will reimburse all payments received from you in accordance with clause 5.
5 Refunds Policy
When you return Goods to us:
5.1 because you have cancelled your order within the 14 day cooling off period (see clause 4.1 above), we will process the refund due to you as soon as you return the Goods to us (or you provide us with evidence of their return). We will refund the price of the Goods in full including the cost of sending the Goods to you. You will, however, be responsible for the cost of returning the Goods to us; or
5.2 within 30 days because you consider the Goods to be defective (unsatisfactory quality, unfit for purpose or not as described), we will examine the Goods returned and notify you of any right to a refund within a reasonable period of time. We will usually process any refund due within 30 days of our notifying you that you are entitled to a refund. The price of Goods returned by you because of a defect will be refunded in full.
Except where clause 5.2 applies, all items must be returned in an unworn and undamaged condition, in their original packaging with all papers, tags and protective films in place and must show no signs of wear or use for our refund policy to apply.
6 Title and Risk
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7 Price and Payment
7.1 The price of the Goods will be as set out in the invoice we provided to you or in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 All completed orders include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 The prices exclude delivery costs, which will be added to the total amount due.
7.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than our stated price, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
7.5 Payment for all Goods must be made in advance by credit or debit card. We accept all major credit and debit cards. Payment must have been received and have cleared before Goods will be shipped. Therefore, we will charge your debit or credit card before we dispatch your order.
7.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend the supply of any other Goods until you have paid the outstanding amounts.
8 Limitation of Liability
8.1 We shall not be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
8.1.1 loss of income or revenue;
8.1.2 loss of anticipated savings;
8.1.3 loss of ability to obtain chosen limited edition production number;
8.1.4 loss of ability to obtain limited edition model watch for any specific production run; or
8.1.5 any waste of time.
However, this clause 8.1 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.2 This clause does not include or limit in any way our liability for:
8.2.1 death or personal injury caused by our negligence; or
8.2.2 fraud or fraudulent misrepresentation; or
8.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
8.2.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
8.2.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Without limiting our other rights or remedies, we may terminate or suspend the supply of Goods with immediate effect by giving written notice to you if:
9.1 you commit any continuing or material breach of any provision of these Terms and in the case of such a breach which is capable of remedy fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
9.2 you make any voluntary (or similar) arrangement with your creditors, are declared bankrupt or are subject to insolvency proceedings in any jurisdiction;
9.3 you fail to pay any amount due for Goods on the due date for payment.
10.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
10.2 If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by us from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
10.3 Each party acknowledges that these Terms contain the entire agreement between you and us and that you have not relied on any verbal or written representations made by us or our employees or agents.
10.4 These Terms supersede any prior agreement whether written or oral.
10.5 Any notice or other information required or permitted to be given under these Terms shall be deemed to have been validly given if served personally on that party or if sent by first class pre-paid post to the last known address of that party. If sent by first class pre paid post the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next working day where sent outside such hours.
10.6 No variation of these Terms shall be binding unless made in writing and signed by you and us.
10.7 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
10.8 These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.9 These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.
10.10 References in these Terms to “writing” includes facsimiles and e-mail.
Schofield Watch Company Limited
A company registered in England. Company registration number 07599540