TERMS AND CONDITIONS
1 Our Terms And Conditions
1.1 There are the terms and conditions (“Terms”) on which we shall supply the products you order (“Goods) to you. Please read these Terms carefully before you submit your order to us.
1.2 We are Schofield Watch Company®, a company registered in England and Wales. Our company registration number is 07599540 and our registered address is Holly House High Street, Upper Beeding, Steyning, West Sussex, England, BN44 3WN. Our VAT number is GB116267229.
1.3 You can contact us by telephoning +44 (0)1273 494878 or by writing to us by clicking here (Connect Page) or by post: Holly House High Street, Upper Beeding, Steyning, West Sussex, England, BN44 3WN.
2 Your Order
2.1 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”).
2.2 You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the Confirmation is correct.
2.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods.
3 The Goods
3.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
3.2 We will take reasonable steps to pack the Goods properly and to ensure that you receive the Goods in good condition.
3.3 We may change the Goods to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Goods.
3.4 In addition, we may make the following changes to these Terms or the Goods, but if we do so we will notify you and you may then contact us end the contract before the changes take effect and receive a refund for any Goods paid for but not received:
3.4.1 changes to these Terms to reflect changes in law or best practice; and
3.4.2 changes to the Goods to deal with additional features which we introduce or as a result of any elements which might be unavailable from third-party providers or with any disruption to our supply chain.
4 Your Rights To Make Changes
4.1 If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
5 Delivery
5.1 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:
5.1.1 For international delivery, items are shipped by UPS, Royal Mail Special Delivery 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”);
5.1.2 For delivery within the UK, items are shipped with UPS, Royal Mail and Royal Mail Special Delivery and take 1-3 calendar days from the Date of Dispatch.
5.1.3 All watch parcels must be signed for.
5.2 Delivery of the Goods shall be completed when we deliver the Goods to you and the carrier has confirmed delivery to the Agreed Address.
5.3 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
5.4 If you fail to take delivery of the Goods then without prejudice to any other right or remedy available to us:
5.4.2 delivery of the Goods shall be deemed to have been completed at the time you failed to take delivery; and
5.4.2 we may store the Goods until actual delivery and charge you for the reasonable costs, including insurance and storage; or
5.4.3 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
5.5 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.
5.6 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.
5.7 It is your responsibility to report non-delivery of the Goods within 14 days of the Date of Dispatch.
6 Warranty
6.1 In addition to your legal rights set out in clause 11, we warrant that on delivery and for a period of 24 months (watches only) from the date of purchase/settlement, the Goods shall:
6.1.1 be of satisfactory quality;
6.1.2 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
6.1.3 be free from material defects in design, material and craftsmanship; and
6.1.4 comply with all applicable statutory and regulatory requirements for selling Goods in the United Kingdom.
6.2 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, 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.
6.3 This warranty will be void if:
6.3.1 the case back is opened; or
6.3.2 the watch has been repaired in any way by a third party; or
6.3.3 modifications have been made to the watch by anyone but us or anyone endorsed by us.
6.4 During the 24 month warranty period we will repair any defect covered by the warranty free of charge.
6.5 These Terms will also apply to any replacement Goods we supply to you.
7 Your Right To End The Contract
7.1 If you are ending a contract for a reason set out at 6.1.1 to 6.1.5 below the contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
7.1.1 we have told you about an upcoming change to the Goods or these terms which you do not agree to (see Clause 3.4.2);
7.1.2 we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
7.1.3 there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
7.1.4 we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.1.5 you have a legal right to end the contract because of something we have done wrong
7.2 Even if we are not at fault and you do not have a right to change your mind (see Clause 8), you can still end the contract before it is completed, but you may have to pay us compensation contract for goods is completed when the Good are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8 Your Right To Change Your Mind
8.1 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.
8.2 Where you wish to exercise your right to cancel please let us know by doing one of the following:
8.2.1 Phone or email. Call or email us at the details set out at clause 1.3 .Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2.2 Post. Please print off the form at the bottom of these Terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.3 Where you exercise your right of cancellation in accordance with this clause 8.1 you must return the Goods to us within 14 days of the date of telling us you wish to cancel and we will reimburse all payments received from you in accordance with clause 13.
9 Refunds Policy
9.1 When you return Goods to us:
9.1.1 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
9.1.2 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.
9.2 Except where clause 9.1.2 applies, all Goods 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.
10 Our Right To End The Contract
10.1 Without limiting our other rights or remedies, we may terminate or suspend the supply of Goods to you with immediate effect by giving written notice to you if:
10.1.1 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;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods
10.1.3 you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us;
10.1.4 you make any voluntary (or similar) arrangement with your creditors, are declared bankrupt or are subject to insolvency proceedings in any jurisdiction;
10.1.5 you fail to pay any amount due for Goods on the due date for payment and you still do not make payment within 7 days of us reminding you that payment is due
10.2 If we end the contract in the situations set out in clause 10.1we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation.
11 If There Is A Problem With The Goods
11.1 If you have any questions or complaints about the Goods, please contact using the details set out at clause 1.3 of these Terms.
11.2 We are under a legal duty to supply Goods that are in conformity with this contract. The box below sets out you key legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example watches, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12 Title And Risk
12.1 The Goods will be your responsibility from the time of delivery.
12.2 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.
13 Price And Payment
13.1 The price of the Goods will be as set out in order pages of our website when you placed your order. Prices are liable to change at any time, but price changes will not affect Orders that we have already confirmed in writing.
13.2 The price of the Goods includes 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.
13.3 The prices exclude delivery costs, which will be added to the total amount due.
13.4 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.
13.5 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.
13.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 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 amount.
14 Limitation Of Liability
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods; and for defective Goods under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 How We May Use Your Personal Information
15.1 We will only use your personal information as set out in our Privacy Policy.
16 General
16.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.2 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.
16.3 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.
16.4 No variation of these Terms shall be binding unless made in writing and signed by you and us.
16.5 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.
16.6 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.
16.7 These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.8 References in these Terms to “writing” includes fax and e-mail.
17 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Schofield Watch Company, Holly House, High Street, Upper Beeding, Steyning, West Sussex, England, BN44 3WN, United Kingdom.
[I/We] [NAME] hereby give notice that [I/We] cancel [my/our] contract of sale of the following Goods
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.