Part of Andrew Michaels Jewellers, Est. 1976

INTEREST FREE CREDIT AVAILABLE

FREE PRIORITY DELIVERY

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Terms & Conditions

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which we sell any of the products listed on our website to you.

These terms and conditions will apply to any contract between us for the sale of our products to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any products from our website. Please note that by ordering any of our products, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.

If you refuse to accept these terms and conditions, you will not be able to order any products from our website.

These terms and conditions should be read in conjunction with our "Warranty", "Privacy Policy" and "Terms of Website Use" terms and conditions.

Please note that these terms and conditions only apply to our consumer customers. If you are a business, you will be advised of the terms and conditions applicable.

1. Interpretation

The following definitions and rules of interpretation apply in these terms and conditions:

Our website, the website: the website at the domain http://www.amjwatches.co.uk

Watch(es), product(s), good(s), item(s): the watch (or any part of it) that you wish to buy together with any accompanying box, sales literature, promotional material and other documentation (where applicable), or any other product that we advertise for sale (including without limitation watch winders).

We, us, our: Andrew Michaels Jewellers (registered in England and Wales with company number 3755874).

You, your: the person or other entity that wishes to purchase a product from us.

Clause headings shall not affect the interpretation of these terms and conditions. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2. Our contract with you

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

When you submit an order to purchase a product from us, your order represents an offer to us to purchase a product.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph (d) below.

We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation. Any products forming part of the same order which we have not confirmed in the Dispatch Confirmation do not form part of that contract.

All products shown on our website are subject to availability. If we are unable to supply you with the products, for example because that product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 3(e), we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

Without prejudice to clause 2(e) above, please note that all watches will remain on our website and will be available for sale to another customer until you have paid a deposit to us (regardless of any finance application that is made by you).

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

In the case of products sold without accompanying paperwork, the age listed on the website is an estimate only. While this estimate has been given in good faith, no representation or warranty, express or implied, is made by us in relation to the accuracy of this information. Please note that in the case of watches sold with paperwork, the age of the watch is the date that the warranty is officially stamped by the retailer: this is not the date of manufacture, which may be significantly earlier.

Please note that "water resistant" watches are not necessarily “water proof.” For example, a watch advertised as water resistant to 30 metres (100 feet/3 ATM) cannot be worn swimming, but can only withstand splashes or brief immersion in water. For a full guide, please see our online glossary (under “W” for “Water Resistance”). All watches sold by us are subject to our categorisation, as detailed in the glossary. We do not accept and are not bound by any conflicting advice from third parties including manufacturers. All watches are water tested to manufacturer specifications prior to sale to ensure that the advertised water resistance is accurate: we will not replace seals/gaskets or other parts if the watch passes our testing procedures, regardless of any manufacturer guidance to the contrary.

Our watches are usually supplied with standard bracelet sizes of 18.5 cm for men or 16 cm for women unless you are advised to the contrary.

3. Price and Payment

The price of the products will be set out in our online system that is specific for your order. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you.

The prices quoted on our website are in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate. Payments must be made in pounds sterling and any refunds will only be issued in Pounds Sterling.

The price quoted includes VAT (or similar sales tax) at the prevailing rate. However, if the rate of VAT changes between the date of the order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect. The prices for the products exclude delivery costs, which will be added to the total amount due.

Our website contains a large number of products. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

where the product’s correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price; and

if the products’ correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing (which include e-mail).

Where we are providing products to you, you must make payment for products in advance. In all cases we must receive full and cleared funds prior to dispatch of the products to you. We accept payment by the following methods if you are based in the UK: Debit card: No surcharge. The watch must usually be dispatched to the billing address of the card holder. Payments must be "3D secure." Please also see our full delivery policy;

Credit card: We do not charge any extra for credit card use. The watch must usually be dispatched to the billing address of the card holder. Payments must be "3D secure." Please also see our full delivery policy;

Cash: We can accept cash payment up to and not exceeding £8000.00. All notes will be authenticated on the premises. You may also be asked to provide evidence of identity and proof of address;

Cheque: Payable to "Andrew Michaels Jewellers Limited". Funds may take up to 9 working days to clear into our account;

Bankers draft: Payable to "Andrew Michaels Jewellers Limited." All drafts will be authenticated by our bank before the watch is released;

Bank transfer: We accept payment by CHAPS, BACS, international and faster payment (same day) transfers. Please contact us for our bank account details;

Part exchange: We can accept your current watch as part payment towards another watch that you wish to purchase from us. You will be advised of the part exchange allowance we attribute to your watch. Where your part exchange allowance exceeds the purchase price of the watch, we will issue you with the appropriate credit by bank transfer. Where your part exchange allowance is less than the purchase price of the watch, you can pay the outstanding balance using another method listed above; and

Finance options: You can spread the cost of your watch over a period of 6 to 60 months with one of our finance options.

If you are based outside the UK, you will need to pay by an international bank transfer. Please also see our delivery policy for information relating to delivery times, charges and customs. If you would like any further information, please call or email a member of our sales team prior to placing your order.

If after paying the initial deposit for the products we do not receive the balance payment in full and cleared funds within a reasonable time, namely 3 weeks after we receive the deposit payment from you, then we reserve the right to cancel the transaction and relist the watch for sale on our website.

4. Delivery

a. Delivery destinations and charges

Timescales for delivery will vary depending on factors including availability of the products and your address. Unfortunately, we may not be able to deliver to the following countries:

Afghanistan; Angola; Cuba; Ethiopa; Iran; Iraq; Lebanon; Liberia; Libya; Myanmar; Nicaragua; Nigeria; North Korea; Rwanda; Sierra Leone; Somalia; Sudan; Syria; Uganda; Zimbabwe; and countries comprised by the former territories of USSR and/or the Federal Republic of Yugoslavia and/or the Republic of Serbia.

If, however, you would like the products to be delivered to any of the countries listed above, please get in touch with a member of our sales team to discuss your options.

Delivery charges will vary depending on your address and the weight of the parcel. Deliveries to any location within the UK will usually cost £0.00. If you are based outside of the UK, that price will be £33.33.

If returning an item to us, you will be responsible for the postage and packaging costs unless we waive this requirement in writing (which includes email and fax).

Please note that customers outside of the EU will not be refunded their postage costs for unsuitable items.

b. Delivery method and date

Domestic deliveries are usually made using the Royal Mail's Special Delivery™ service. Royal Mail guarantee that your item will arrive before 1.00 pm on the next working day following dispatch of the item by us to addresses within the UK.

Notwithstanding the above, all dates quoted by us for dispatch and delivery of your products are estimations only. Andrew Michaels Jewellers will not be liable for any delay in delivery of the products that is caused by an event outside of our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the delivery of the products. Time of delivery is not of the essence.

A signature will be required for receipt of our products by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household).

If you or a member of your household is not available when the carrier attempts delivery, they may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may collect the products from your local delivery office provided you can produce adequate proof of identity.

Any parcel which has been damaged or tampered with should not be signed for and delivery should be refused.

c. Delivery address

We will deliver the products to the delivery address given by you at the point of purchase. Please note that, for security reasons, if you pay by debit or credit card, we will usually only deliver to your billing address.

If you purchase products from us using one of our finance options, we will only deliver to your address as detailed in the finance agreement (as an anti-fraud measure). In all other cases, we will comply so far as is reasonably practicable with any lawful instructions by you concerning the products given or confirmed in writing (which shall include email or fax) prior to dispatch of the products, provided that further charges may be incurred by you depending on your instructions (such as additional postage costs).

d. Collection

Products may be collected from;

Andrew Michaels Jewellers 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW

e. Completion of delivery

Delivery of the products will be completed when we deliver the products to the address you gave us or you collect them from us. Please note that if you arrange for your own courier to collect the products, delivery will be completed when the watch is collected from our store.

f. Risk and title

Risk in the products will pass to you on completion of delivery, though ownership of the products will only pass to you when we receive payment (in full and cleared funds) of all sums due in respect of the products, including all delivery charges.

5. Customs

If you are based outside of the UK, you may also have to pay import duty or other taxes, fees and charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the products. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.

6. RETURNS AND CANCELLATIONS

a. Cooling off period

You have 7 working days (from the day after delivery of your watch to you) to cancel the contract for your order with us.

You will be refunded in full provided that the watch is returned in its original condition and with all associated items, including without limitation its box and any paperwork. It will be inspected on arrival and, if it is found to have been damaged, there will be an additional charge for any refurbishment or other works that are necessary to return the watch to its original condition. Customers are liable for any return postage costs and must ensure that the item is fully insured. We recommend that you obtain proof of posting.

In particular, you will be responsible for any and all depreciation costs incurred as a result of any loss of or damage to the paperwork and other documentation and information associated with the products, such depreciation to be assessed by us whose decision shall be final.

The cooling off period is not applicable to watches purchased or collected from our store.

Please note that the cooling off period is also not applicable where we adjust your watch to meet your specifications or personalise your watch in any way.

To cancel a contract, please contact us on: (01636-679638) or e-mail: [email protected]

b. Faulty items

We are confident that you will be happy with the quality of the products delivered to you. Nevertheless, as a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in our terms and conditions will affect these legal rights.

You must inspect the products as soon after delivery as is reasonably practicable and must notify us of any defects in the products within 14 working days from the day after the date the products were delivered. You must return any defective or faulty product to us within 21 working days from the date of delivery, to allow us to inspect the watch and carry out testing if required. Provided you notify us of any defects and return the defective product (complete with box and paperwork where applicable) within the periods set out above, on confirmation by us that the product is defective we will either replace your product on a like for like basis, repair your product or we will refund your payment in full including the product’s normal postage charge usually within 7 working days of the defective product being returned to us.

If you buy more than one product from us as part of the same transaction, and only some of these products are defective, you may return the defective products and benefit from the same remedies as described above. However, this does not entitle you to reject other non-defective products.

c. Our cancellation rights

We may have to cancel an order for products before the products are delivered, for example, due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens.

If we have to cancel an order and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you.

7. Privacy

Please review our Privacy Policy, which also governs your visit to http://www.amjwatches.co.uk/ to understand our practices.

8. Our Liability

a. Subject to the clause below, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions; and our total liability to you in respect of all other losses arising under or in connection with the sale of the products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price paid by you. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you purchased an item from us.

b. Nothing in the above clause shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

9. Events outside of our control

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Andrew Michaels Jewellers employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

10. Communications between us

a. When we refer, in these terms and conditions, to "in writing", this will include e-mail.

b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail at [email protected] or by pre-paid post to Andrew Michaels Jewellers, 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under paragraph 6(a), please see that paragraph 6(a) for how to tell us this.

c. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

11. Waiver

a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

b. A waiver by us of any default will not constitute a waiver of any subsequent default.

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

12. Serverability

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

13. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

14. Third party rights

a. This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

b. However, the benefit of any warranty with the products may be transferred to another named recipient at the time of purchase with our consent (not to be unreasonably withheld), but we and you will not need their consent to cancel or make any changes to these terms and conditions. Please see the terms and conditions applicable to our warranty for further information.

15. Our right to vary these terms and conditions

a. We have the right to revise and amend these terms and conditions from time to time.

b. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we agree to purchase your watch (in which case we have the right to assume that you have accepted the change to the terms and conditions).

16. Governing law and jurisdiction

a. This agreement 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 this agreement or its subject matter or formation (including non-contractual disputes or claims).

17. Our details

Andrew Michaels Jewellers Limited, whose registered office is at 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW, registered in England & Wales under company registration number 3755874. Our VAT number is 497 8504 86 and website: http://www.amjwatches.co.uk/

If you are a consumer, nothing in these terms and conditions will affect your statutory rights.

Sell Your Watch

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch.

These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.

If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.

These terms and conditions should be read in conjunction with our “Privacy Policy” and “Terms of Website Use” terms and conditions.

Please note that these terms and conditions only apply to our consumer customers. If you are a business, you will be advised of the terms and conditions applicable.

1. Interpretation

The following definitions and rules of interpretation apply in these terms and conditions:

Our website, the website: the website at the domain http://www.amjwatches.co.uk

Watch(es), product(s), good(s), item(s): the watch (or any part of it) that you wish to buy together with any accompanying box, sales literature, promotional material and other documentation (where applicable), or any other product that we advertise for sale (including without limitation watch winders).

We, us, our: Andrew Michaels Jewellers/Amjwatches/http://amjwatches.co.uk (registered in England and Wales with company number 3755874).

You, your: the person or other entity that wishes to purchase a product from us.

Clause headings shall not affect the interpretation of these terms and conditions. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2. Our contract with you

a. If you would like to sell your watch, you can sell your watch either to us or through us. That is, you can sell your watch to us in an outright sale (“stock sale”). Alternatively, we can attempt to sell your watch to a customer on your behalf, for which we take a commission of the final sale proceeds (“commission sale”).

b. If you would like to sell your watch on either a stock sale or commission sale basis, you will need to either bring or post your watch to are store, if you are posting your watch to us please contact us prior to this and provide a return address and instruction for the sale of your watch:

Email: [email protected]

Telephone: 01636 679638

Andrew Michaels Jewellers 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW.

c. Any valuations are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you. If we suggest a sale price for a commission sale, you are under no obligation to follow our suggestion.

d. On receipt of your watch at our store, we will carry out an inspection of your watch and any accompanying paperwork. We will then contact you with a valuation for your watch in the case of a stock sale or we will contact you with details of work required to be completed on your watch and their costs in the case of a commission sale. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.

e. If you wish to proceed with a stock sale and accept our valuation, we will arrange to pay you the agreed sum by bank transfer or cheque (see “Payment” below). The contract between us will only be formed when you have accepted the final price quoted. We will then send you an e-mail confirming when payment has been made, the sum paid and the payment method.

f. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below.

g. If you wish to proceed with a commission sale, the contract between us will only be formed when we agree for work to be carried out on your watch (which, if required, must be agreed before listing on our website) and estimated costs of such works are also agreed or your watch is first advertised on our website, whichever is sooner. Please also see “Risk and Title” under “Delivery” below.

h. Please note that if you visit are store in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.

3. Price and Payment

a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.

b. We will make payment to the bank account advised by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.

c. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 working days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.

d. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.

e. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, you must refund us the full purchase price paid within 7 days of receipt of notice from us. If the sale involved a part-exchange, please see “Part-Exchanges” below.

f. If you sell your watch on a commission sale basis, then our fees and charges listed under “Commission Sale” below (paragraphs (a) and (b)) will apply. Please note that payment will only fall due after expiry of the 7 working day “cooling-off” period starting on the day after the customer receives the watch provided that the customer does not give notice to return the item during this period (again see “Commission Sale” below for further information).

g. Any outstanding money owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.

h. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).

i. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

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

4. Commission sales

a. If you would like us to list your watch on our website and attempt to sell the item on your behalf, we will take a commission of the final sale proceeds. Our current commission is 10% of the final sale price (exclusive of postage and packaging) with a minimum charge applicable of £150.00. You will receive the final net sale price less our commission. The costs of any works carried out is then deducted (see (b) below) from this sum.

b. Watches must meet our standards before they may be listed on our website. On assessment of your watch, we will determine what work (if any) must be carried out on your watch prior to listing on our website. The details and estimated costs of any work required will be emailed to you for your approval.

c. Once you set the sale price(s) and have accepted the works required to be completed and the costs of such works (where applicable), we will list your watch on our website. We may initially list your watch with a “pre-refurbishment” image, which will be replaced with a post-refurbishment image as soon as the works are complete. We reserve the right to remove your watch from our website for any reason and at any time. We will promptly notify you in the event that such action is deemed necessary with the sale.

d. Online customers are entitled to a 7 working day “cooling off” period by law, starting on the day after the customer receives the item. If a customer exercises their right to cancel the contract during this period, you will be notified of this and your watch relisted on our website on its return to are store following inspection to ensure the watch is in the same condition. No payment will be due to you. If no notice of cancellation is received during this period and the transaction is not cancelled as a result of a defect with the watch (see “The Items” below), we will arrange for payment to be made to you by BACS transfer (please see “Payment” above) within 14 working days of the expiry of the “cooling off” period. Please note that this clause applies regardless of whether or not the customer purchased and/or collected the watch from one of our store. Please also note that time of dispatch of the item to the customer shall not be of the essence, and in particular we have standard procedures that we must follow before we can dispatch an item (including without limitation confirmation of address by the customer).

e. We do not accept liability for a delay in the return of the watch from the customer to our store where notice has been given by the customer to return the watch.

f. Where you authorise (whether orally or in writing, which shall include e-mail correspondence) any servicing, refurbishment or other work to be carried out on your watch, you will be charged the agreed price, regardless of whether or not the watch is subsequently sold. Estimates by us are given in good faith, but are estimates only. Where the watch is not sold, we will return the watch to you on receipt of cleared funds only (please see "Lien" below).

g. If we arrange for a third party to prepare a quotation for servicing or other work to be carried out on your watch on your instruction, but you do not proceed with the work in question, an administrative charge may apply.

h. Watches are precision instruments with moving parts. Wear and tear is the unavoidable result of any mechanical movement. In time, all mechanical watches will need a service to ensure they continue to work to the highest level. This period of time depends on, amongst other things, the brand and model, but it is recommended that all watches are serviced every 3 to 4 years to maintain their level of accuracy. As watches can be held in our possession for some time before being sold and dispatched, please note that watches may on occasion require servicing or other work between the period of arrival with us and sale. Any such work deemed necessary by us will be at your cost.

i. If you would like your watch to stand out on our website, you may wish to consider our premium commission package at a cost of £50.00. This includes rotating images of your watch and a bespoke description written by one of our watch experts.

j. Please note that we reserve the right to vary our commission structure at any time. We cannot vary the commission payable by you once the watch has been sold to a customer, regardless of whether payment has been made to you. If we notify you that we would like to increase the commission payable by you to us prior to sale, and you would not like to proceed on that basis, please notify us of this within 1 week of the notification to you and we will remove your watch from our site and return it to you. If you accept an offer by a customer at any time after the revised level of commission has been notified to you, you are deemed to accept the revised level of commission.

k. If you wish to sell your watch on a commission basis, in addition to advertising your watch for sale on our website (or other selected websites), we reserve the right to store and display your watch at any of our offices, showrooms or shops and to display your watch for sale at select events without notice.

4. Delivery

You will deliver the items to us in person or via post:

Andrew Michaels Jewellers 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW

a. During our business hours 9:15am to 17:15pm

b. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).

c. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.

d. You must deliver the items to Andrew Michaels Jewellers at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale and are based within the UK, we will not make a charge for the postage, packaging and insurance costs of returning the items to you, unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special DeliveryTM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)

Risk and title

Your watch will be our responsibility from the time of delivery to the Delivery Location.

In terms of ownership of the watch:

Stock sale: Ownership of the watch will pass from you to us when the contract is concluded between us as described above under “Our Contract With You”.

Commission sale: Ownership of the watch will pass from you to the end customer only after the expiry of the cooling-off period afforded to customers pursuant to the Consumer Protection (Distance Selling) Regulations 2002 if we have not received notice of cancellation by the customer during this period and the transaction is not cancelled as a result of a defect with the watch (see “The Items” below), provided always that you shall have no right to cancel an order by the end customer once it has been confirmed with us.

6. Customs

If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.

7. The Items

You will ensure that the items will:

Correspond with their description;

be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and be free from defects in design, material and workmanship.

8. Your undertakings

Information supplied by you

a. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;

b. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;

Title

c. The watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:

i. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;

ii. the watch is not subject to an undisclosed finance agreement; and

iii. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;

Condition

d. There are no undisclosed physical defects with the watch;

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

f. The watch has not been altered or tampered with;

Authenticity and provenance

g. you accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and

h. The serial numbers and documentation are original, genuine and accurate.

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

9. Remedies

a. If the items do not comply with the undertakings set out in “Your Undertakings”, then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:

i. to terminate the contract;

ii. to reject the items (in whole or in part) and return them to you at your own risk and expense;

iii. to require you to provide a full refund of the price of the rejected items (if paid);

iv. to recover from you any costs incurred by us in obtaining substitute items from a third party; and

v. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.

Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.

10. Lien

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 any contract whatsoever.

11. Part-exchanges

a. For details of how the contract is made and the terms and conditions applicable, please see “Our Contract With You” above.

b. A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, we may at our sole discretion offer either a return of your watch or payment of the part exchange allowance.

c. In the event that we discover that the watch you are selling us in part-exchange is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option to rescind either or both contracts and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, you must refund us all sums paid by us to you within 7 days of receipt of notice from us. If we have already dispatched the watch you sought to purchase from us, you will further need to either return this watch to us or pay us the full purchase price for this watch.

d. Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.

12. Proof of identity

a. If you visit our offices in order to sell your watch, we will need you to produce two forms of original identification during your visit. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.

b. It will be necessary for you to produce the original of one document from each of the following two categories:

Proof of identity

i. Current valid passport

ii. Current driving licence

iii. Other (e.g. known employer identity card with photo and signature)

Proof of address

i. Recent utility bill

ii. Council tax bill

iii. Bank statement

13. Loss or Damage

a. If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.

b. We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.

14. Privacy

Please review our Privacy Policy, which also governs your visit to http://www.amjwatches.co.uk, to understand our practices.

15. Our Liability

a. Subject to the clause below, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions; and our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items (whether as a stock sale or commission sale), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant). Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you sold an item either to or through us.

b. Nothing in the above clause shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16. Entire agreement

a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

b. Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.

17. Conflict with other agreements

This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.

18. No partnership or agency

Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.

19. Events outside of our control

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Andrew Michaels jewellers employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

20. Communications between us

a. When we refer, in these terms and conditions, to "in writing", this will include e-mail.

b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Andrew Michaels Jewellers, 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW. email: [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.

c. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

21. Waiver

a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

b. A waiver by us of any default will not constitute a waiver of any subsequent default.

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

22. Serverability

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

23. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

24. Third party rights

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

i. In the event that Amjwatches does not have a supplier for a particular brand or individual watch, in which case we may pass your details on to a third party authorised watch dealer (high street shop) so that they can quote on price and availability.

ii. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

iii. If Amjwatches or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

iv. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of or terms and conditions of sale or purchase and other agreements; or to protect the rights, property, or safety of Amjwatches, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

25. Our right to vary these terms and conditions

a. We have the right to revise and amend these terms and conditions from time to time.

b. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you agree to proceed with a stock sale or a commission sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).

26. Governing law and jurisdiction

a. This agreement 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 this agreement or its subject matter or formation (including non-contractual disputes or claims).

27. Our details

Andrew Michaels Jewellers Limited, whose registered office is at 38/39 Stodman Street, Newark, Nottinghamshire, NG24 1AW, registered in England & Wales under company registration number 3755874. Our VAT number is 497 8504 86 and website: http://www.amjwatches.co.uk/

If you are a consumer, nothing in these terms and conditions will affect your statutory rights.

WARRANTY

All watches come with our 12 month warranty, protecting your watch against manufacturing and mechanical defects, subject to the following terms and conditions.

Your Warranty will be registered to your newly acquired watch and dated to the day of purchase. You will have to provide a current address for your Warranty to be valid.

What the one year warranty does not cover

a. Damage, accidental or otherwise, to the watch while in the possession of a consumer not caused by a defect in material or workmanship.

b. Damage caused by accident, misuse, tampering with or failure to follow the care and special handling provisions in the Instructions.

c. Damage and/or scratches to the finish of the case, crystal, bracelet, strap or other components caused by wear or accident.

What your one year warranty covers

Our warranty covers the watch movement and battery replacement for the first year of ownership. The warranty covers malfunctions due to manufacturing and materials defects under regular use within the manufacturer's specifications.

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

Your Warranty will be invalidated in the event of third party Intervention. That being any tests or works on your watch including any dismantling to the watch for inspection without our prior knowledge.

The use of aftermarket products, be it any internal components or outer cosmetic parts can severely damage your watch. Any modification of your watch by the addition or substitution of aftermarket products that have not been provided by the manufacturer will invalidate your Warranty.

In the event of a claim against your Warranty, we will refund, repair or replace your watch at our sole discretion. Time will not be of the essence for completion of any works carried out under Warranty.

We have the final decision on all claims against our Warranty. If any dispute arises in connection with the Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our Warranty, where such recommendations conflict with our advice.

If you are based outside of the United Kingdom, you may have to pay import duty or other taxes, fees and charges applied by customs or other authorities of your country for work done under Warranty, particularly if you do not correctly complete the relevant declarations.

Please note that you must securely deliver the watch to our store as advised and with adequate insurance, to claim against your Warranty or for any other reason, which shall be your responsibility and at your cost unless agreed otherwise. If you are based in the UK and have a valid claim against your Warranty, we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement only). We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for work carried out under Warranty if you are based outside of the UK.

Your Warranty is personal to you and is non-transferable. The Warranty is in addition to your statutory and common law rights.

If you wish to make a claim against your Warranty, please contact a member of our servicing team by calling 01636 679638