Terms & Conditions of Sale
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 (0)208 969 1000 or email us at: salesroom@heritagetimeworks.com.
Application
1. These Terms and Conditions will apply to the purchase of the watch/es by you (the Customer or you). We are Swiss Dial Company LLP whose trading name is Heritage Time Works of Shaftesbury Centre, 85 Barlby Road, London, W10 6BN with email address salesroom@heritagetimeworks.com; telephone number +44 (0)208 969 1000; (the Supplier or us or we).
2. These are the terms on which we sell all watch/es and watch-related services to you. By ordering any of our Goods or Services, you agree to be bound by these Terms and Conditions of Sale. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by checking a button on the Order page. If you do not check the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. We reserve the right to change any of these Terms & Conditions at any time without prior notice.
Interpretation
3. Customer means a consumer: an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods (Watch/es and/or watch parts) advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Services means the services that we provide to either fulfil your Order, or services that we provide after the delivery of your Order such as repair or maintenance work;
9. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website. Please review or Privacy Policy on the Website;
11. Website means our website www.heritagetimeworks.com on which the Goods are advertised.
Goods
12. The description of the Watch/es is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the finer details of the Goods supplied.
13. In the case of any Watch/es made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate and that you acknowledge that we have understood your requirements BEFORE any order is placed.
14. All Watches which appear on the Website are subject to availability.
15. We can make changes to the Watch/es which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Watch/es in our website does not constitute a contractual offer to sell them. When an Order has been submitted on the Website or by telephone or email, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, usually within 6 hours.
21. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. It is understood that further changes to the specification of a watch or watches or the introduction of any personalised details to be applied to the watch in your Order will incur additional costs. These costs will be agreed between both parties. The notification of a change to an existing Order by the Customer and the subsequent refusal by the Supplier to carry out these changes, will NOT be accepted as a basis for cancelling the Order.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer (consumer). If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges on the website include insurance and Worldwide shipping but do not include any import or export duties or taxes that may be levied in your destination country. Prices DO NOT include UK VAT (20%) which will be added for Orders made in and/or delivered within the UK.
26. Payments can be made in either £GB Pounds, € Euros or US$ Dollars. We will use the daily exchange rate from FT.com to convert deposit and balance amounts on the day of the initial Order. The deposit and the subsequent balance amounts will both be subject to the same exchange rate.
27. You must pay either the full amount or the deposit amount within 48-hours of placing the Order through the Website. Payment and currency options available will be sent to you along with your Order Confirmation, usually via email.
28. If the deposit amount (60%) has been paid initially, then the balance amount must be paid prior to shipping of your watch, and we will notify you when your watch is ready. Payment must then be made with 7 days of this notification.
29. Deposit amounts are non refundable after 48-hours from placing the Order
30. Please read our Payment & Shipping page for more information on accepted currencies and payment method options.
Delivery
31. We will deliver the watch/es, to the Delivery Location stated in the Order within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 6 months after the day on which the Contract is entered into.
32. Delivery dates and schedules are given in good faith and may be subject to change due to workshop loads, base product availability and specific details of the Order placed. We endeavour to deliver watches with 2-6 months.
33. Delivery will be made to confirmed addresses only. This means that we will deliver to the address on the Order and this must match 2 forms of ID such as a bank statement or utility bill or government correspondence like an HMRC statement.
34. In any case, regardless of events beyond our control, if we do not deliver the Goods within 6 months, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
35. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
36. Delivery of a purchase to a destination outside the UK, may be subject to local import duties and taxes. You will be responsible for settling all import duties and taxes imposed in your destination country.
37. Please also note that you must comply with all applicable laws and regulations of the country for which an Order is destined. We will not be liable for any breach by you of any such laws.
38. Please also note that the importation of certain branded luxury goods (watches / jewellery) is restricted in some countries. We advise that you contact your local customs office for further information before placing an order.
39. It is agreed that you, or someone on your behalf, will be available to receive and sign for the watch/es at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the watch/es, we are entitled to assume that person is authorised by you to do so.
40. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing, insuring and redelivering them.
41. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
42. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
43. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
44. You can withdraw the Order by telling us within 48-hours after the Contract is made (Order Confirmation sent by us), if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
45. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances: a. A watch/es or watch parts that are made to your specifications or are clearly customized or personalised;
46. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. damage sustained after delivery. All watches are photographed ‘in the box’ prior to shipping.
b. a lapse of 48-hours after Order Confirmation.
Right to cancel
47. Subject as stated in these Terms and Conditions of Sale, you can cancel this contract within 48-hours after the order has been placed without giving any reason.
48. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made.
49. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation within the cancellation period
50. Except as set out below, if you cancel this Contract within 48-hours and if payment has already been made, we will deduct a cancellation fee usually 5% of the total Order amount.
Effects of cancellation after the cancellation
51. If the cancellation occurs after 48-hours but prior to delivery of a watch, we will deduct a cancellation fee of 20% of the total Order amount. If the cancellation occurs after delivery of a watch we will deduct a cancellation fee of 75% of the total Order amount. (All watches are made to order and works typically start within 5 days of the Order).
Deduction for Goods supplied
52. We may make a deduction from the reimbursement for loss in value of any watch/es supplied, if the loss is the result of unnecessary handling by you (i.e. handling the watch beyond what is necessary to establish the nature, characteristics and functioning of the watch: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
53. If we have not offered to collect the watch/es, we will make the reimbursement without undue delay, and not later than 28-days after the day we receive back from you any watch/es supplied, or
54. If we have offered to collect the watch/es or if no watch was supplied, we will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel this Contract.
55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have paid in cash or you have expressly agreed otherwise; in any event, you agree to cover any administrative and transaction fees as a result of the cancellation / reimbursement.
Returning Goods
56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Shaftesbury Centre, Unit 12, 85 Barlby Road, London, W10 6BN without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline will have been met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Warranty
58. We have a legal duty to supply a watch or watches in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
59. Upon delivery, the watch/es will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the watch which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform as closely as possible to their description whether that be visual (images on our website or in a brochure) or textual. It is understood that there must be some reasonable allowance for slight visual variations between the delivered watch and the pictured watch on our website, due to the variation in computer and / or device screen depiction affecting colours and tones.
60. It is not a failure to conform if the failure has its origin in your materials.
61. Watches returned to us during the warranty period that are found to be without faults or if a fault found has been caused by damage or misuse you will be responsible for paying our collection and re-delivery costs prior to their return to you. If our watchmaker determines that the fault is the result of damage or misuse beyond normal ‘wear and tear’ you will be liable for the cost of any repair or replacement that may be required. Misuse includes (but is not limited to) failing to take reasonable care of the Watches; use or abuse of the Watches, like dropping bashing the watch or failure to screw down winding crowns / pushers before entering the water.
62. After the warranty has expired you will then be liable for any costs to return the watch to us. If faults are found you will also be liable for any costs to repair or replace the watch. A detailed fault / repair report will always be sent to you outlining repairs and costs before work begins. It is your legal right to refuse to proceed with such works should you so decide.
63. You understand that the original manufacturer’s warranty may be invalid after customisation of a watch. In any event, the original warranty is superseded by Heritage Time Works’ warranty as outlined here;
a. we offer a 1-year return-to-base warranty on components of the watch that we have added or modified such as hands, bezels and casebacks.
b. we offer a 2-year warranty on faults found with movements. These warranties are subject to normal and acceptable wear and usage. This will be determined by our watchmaker on return and a report sent to you, before we proceed to exercise any aspect of our warranty.
64. Our warranty will become invalid if the watch has been opened, repaired or adjusted or further customised by another third party within the warranty period.
65. We will provide the following after-sales service should it be requested: Heritage Time Works will offer servicing and repairs on any watches sold.
Successors and our sub-contractors
66. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
67. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Excluding liability
68. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
69. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
70. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
71. We try to avoid any dispute, so we deal with complaints in the following way: If you are not entirely happy with your purchase you should contact us within 48-hours of receipt of your watch so we can find a solution. We will aim to respond with an appropriate solution within 24-hours. Attribution
72. These terms and conditions were created using a document from Rocket Lawyer
Last revised: 12:51, 3rd May, 2017.