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Terms and Conditions

BUY A WATCH

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions that will apply to any contract between us for the sale of our Goods to you.

It is important that you read and understand these terms and conditions before you place an Order with us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Sales team before placing your Order or, if a member of our Sales team is unavailable, contact our Customer Services team by telephone 01625 532532 or by email sales@markworthingtonjewellers.co.uk.

By ordering any of our Goods, you agree to be bound by these terms and conditions.

1. DEFINITIONS

  1. When the following words are used anywhere in these Terms, they will have the meanings set out below:

    Event Outside Our Control: is defined in clause 15. Goods: the watch, watch winder, watch accessory or other goods that we are selling to you as set out in the Order. Order: your order for the Goods. Paperwork: the original warranty certificate of the Goods, which includes: (1) the name of the authorised dealer that originally sold the Goods; (2) the serial number of the Goods; and (3) the date of original sale of the Goods. Paperwork does not include the user manual or any service papers. Terms: the terms and conditions set out in this document. Mark Worthington Jewellers, MWJ, we, us, our: Mark Worthington Jewellers Limited registered in England and Wales with company number3730070. Website: WWW.markworthingtonjewellers.co.uk Work: servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or other work as applicable. Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.
  2. Clause headings shall not affect the interpretation of these Terms.
  3. A reference to writing or written includes e-mail.
  4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  5. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. OUR CONTRACT WITH YOU

  1. Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.
  2. You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.
  3. When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 2(d).
  4. If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation or give you a receipt in store. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
  5. All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount within 5 Working Days of cancellation (unless we reasonably suspect a fraudulent card payment, see clause 17).
  6. In some instances a non-manufacturer strap may be fitted to a watch.
  7. On occasion the Goods displayed for sale on our Website will not be available for dispatch until Work has been completed (for example, the Goods may be with a manufacturer undergoing a service or awaiting parts at the time your Order is made). We will let you know prior to acceptance of any Order if this applies to your Order.
  8. All Goods will remain available for sale on our website until you have paid the balance in full, irrespective of any third party finance application made by you.
  9. 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 your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
  10. The packaging of the Goods may vary from that shown on images on the Website.
  11. We cannot guarantee that boxes and/or other packaging supplied are authentic.
  12. Any item originally seen on our website and subsequently bought in person in store is bound by these terms and conditions.

3. PRICE AND PAYMENT

Please be aware that all currency values in the Terms and Conditions are in GBP and are therefore subject to the current exchange rate at the time of transaction. This does not affect your Consumer Rights.

  1. The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
  2. The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.
  3. The price quoted includes VAT (or similar sales tax) at the prevailing rate. If the rate of VAT changes between the date of your Order and the date of dispatch, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
  4. The price of the Goods excludes delivery costs.
  5. It is always possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before we dispatch the Goods so that where the Goods' correct price is less than the price stated on our Website or in your Order, we will charge the lower amount. If the Goods' correct price is higher than the price stated on our Website or in your Order, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing with your Order for the Goods 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 and you do not respond to our e-mail in relation to the pricing error within 5 Working Days, we will treat the Order as cancelled, notify you by e-mail and refund any sums already paid within 14 days of the date your Order is cancelled (unless we reasonably suspect a fraudulent card payment, see clause 17).
  6. You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event we must receive full and cleared funds prior to dispatch of the Goods. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:
  7. Credit card or debit card: In store only. We don't take American Express, non UK bank cards or Business credit cards. We reserve the right to refuse any card.
  8. Cash: We accept cash payment up to a maximum of £8,000.00 in store.
  9. Cheque: We don't accept cheques.
  10. Bankers draft: Accepted by prior arrangement only.
  11. Bank transfer: We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details prior to accepting any Order;
  12. Part exchange: Where your purchase of the Goods also involves your sale of a watch, we can accept your current watch as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your watch before your Order is confirmed. Where your part exchange allowance exceeds the purchase price of the Goods, we will issue you with the appropriate credit by agreed means. Where your part exchange allowance is less than the purchase price of the Goods, you can pay the outstanding balance using another method listed above. where you are purchasing a new watch in part-exchange of your current watch, we will buy your watch and raise a cheque which we will pay to ourselves for the agreed part exchange price. The price paid for your watch then becomes the deposit or payment in full for the watch you are buying. We will fill in the necessary purchase form and either email you a copy, post a copy with the watch being purchased or hand a copy to you. This purchase form may need to be signed or acknowledged by email. We may require further proof of identity and address. We will issue a numbered receipt detailing the deposit and final price with our stock number of the watch being bought. Our Sell Your Watch terms and conditions also apply; or
  13. Finance options: We have a commercial relationship with a credit provider offering various finance options. We and/or our credit provider can refuse finance applications at our sole discretion. If we or our credit provider decline your application, you can either pay for the Goods using another payment option or cancel your Order.
  14. If you are based outside the UK, you must pay for the Goods by an international bank transfer.
  15. If we agree that you can pay by way of an initial deposit and if after paying the initial deposit for the Goods we do not receive the balance payment in full and cleared funds within the agreed timescale from our receipt of the deposit payment from you, then we reserve the right to cancel your Order and relist the Goods for sale on our Website. The deposit will be retained as a restocking/loss of sale fee.

4. DELIVERY

  1. All Orders will be dispatched as agreed with you. If you are based outside of Mainland UK, we will contact you with an estimated delivery date. All dates quoted by us for dispatch and delivery of the Goods outside of Mainland UK, though given in good faith, are estimates only and in exceptional circumstances delivery may take up to 2 months from acceptance of your order. Occasionally our delivery may be affected by an Event Outside Our Control. Please see clause 15 for our responsibilities when this happens.
  2. We cannot deliver the Goods to certain countries due to insurance not being available. We will advise if this is the case. You may arrange your own courier at your own risk and cost once we have cleared funds in our bank.
  3. Delivery charges will be discussed and otherwise notified to you by a member of our Sales Team before you place your Order if you are based outside of Mainland UK. Any Orders placed in which the delivery address is based within Mainland UK delivery charges (if any)will be agreed and will be dispatched using a next day delivery service.
  4. Deliveries within the UK are made using the Royal Mail's Special Delivery™ service. Deliveries outside the UK are made using either DHL or Fedex or other courier of our choice. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions.
  5. A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
  6. We will deliver the Goods to the delivery address given in your Order or by other agreed method in writing. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder, though we will consider a work address at our discretion. If you purchase the Goods using one of our finance options, we will only deliver the Goods to the address given in the finance agreement (as an anti-fraud measure).
  7. Goods may be collected from our stores but by appointment only for security reasons. A weekend appointment must be confirmed by 5 pm on the previous Working Day. You acknowledge that we will not be liable for losses you incur including travel costs if you travel without making an appointment in advance.
  8. Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our stores (by you or your representative).
  9. If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
  10. The Goods will be your responsibility from the completion of delivery.
  11. You own the goods once we have received payment in full.

5. CUSTOMS

If you are based outside the UK, you may also have to pay import duty or other taxes, fees or 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 Goods. 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. MANUFACTURER WARRANTY

  1. Some of the Goods we sell come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the Paperwork provided with the Goods or to the manufacturer's website.
  2. As a consumer, a manufacturer's warranty is in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

7. MWJ WARRANTY

  1. We provide either a full or limited warranty with our pre-owned Goods for a period of 12 months from the date of delivery in accordance with our Warranty terms and conditions. Please take the time to read and understand these terms. Our warranty doesn't apply to new Goods which are typically covered by a third party manufacturer's warranty

    As a consumer, the warranty we provide is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from the local Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

    We know the value of security, so every pre-owned watch we sell comes with a 12-month warranty alongside any remaining manufacturer's warranty it may also have. Should your watch stop working properly through no fault of your own then we shall repair it free of charge for the duration of your warranty. Please note our warranty doesn't apply to new watches.

    How the Warranty Works

    If your watch is covered by a MWJ Warranty but not the manufacturer's warranty, then we will undertake the repairs in conjunction with the manufacturer where necessary.
    If your watch is not covered by any warranty then you can send it in to us for a quote.

    Important Information

    Please note that our warranty covers manufacturing and mechanical defects only.

    Our warranty is subject to the same terms and conditions as the manufacturer warranty. The standard manufacturer warranty does not cover theft or loss of the watch. Normal wear-and-tear or damage caused to the watch by accidents or mishandling/mistreatment are also excluded, as well as damage caused to a watch due to submersion in water which is against the manufacturer's guidance. In particular, wear of the watch strap is not covered by the warranty.

    Any modification of a watch by the addition or substitution of components by aftermarket products which have not been provided by the manufacturer will also invalidate the warranty. The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of the watch.

    If Your Watch Has a Problem

    If your watch has developed a fault, you must contact us. We will advise by email what steps you can take by either returning the watch to us for inspection or in some circumstances (only with our consent) taking it to an authorised retailer of the brand to be forwarded to the brands own repair centre for examination.

8. WATER RESISTANCE

  1. Where your Order for Goods includes a wrist watch ('Watch'), you should be aware that water resistant Watches are not water proof. For example, Watches advertised as water resistant to 30 metres (100 feet/3 ATM) can only withstand splashes. Refer to Wikipedia for a chart explaining the activities one can undertake with various different depth rated watches.
  2. New/ unworn Watches have been tested to ensure that the advertised water resistance is accurate. Older preowned watches may not have the resistance to water or moisture that is advertised on the dial or case back or elsewhere.
  3. Waterproofing (or "water resistance"), are described either in meters, or in bars (1 bar = 10 m = approx. 33 ft). It is important to note that the indication of the degree of water resistance in meters is a technical norm which does not correspond to an exact depth. "Water-resistant to 10m" does not mean that the watch can be worn to this depth, rather it indicates that the watch will resist pressure equivalent to a static immersion up to 10m deep. The wearer's movements (diving, jumping, swimming, etc) as well as the force of the water (shower jets, river currents, waterfalls, etc) can considerably increase the pressure.
  4. Where your watch is certified as Water Resistant its water-resistance is ensured by a series of seals. Before any contact with water, it is essential to ensure that the crown and pushers of your watch are pushed in or screwed down, depending on model. When your watch is under water, do not activate the push-pieces for the chronograph function, the minute-repeater or the second time zone. After swimming, make sure to rinse your water-resistant watch in fresh water so as to neutralise the potentially corrosive effects of sea-water or chlorine. The water-resistance seals of your certified Water Resistant watch undergo natural deterioration due to ageing. It is therefore recommended that you have a regular water-resistance check performed once every year if your watch is worn during sporting activities or frequently comes into contact with water, or once every two years when worn in normal conditions. Never try and open the case yourself. In the event of water or condensation appearing under the glass, take the watch as quickly as possible to an authorized maintenance centre to prevent further damage.

9. BRACELETS SIZES

Given the nature of our Goods, bracelet sizes may vary as they are not always supplied to us with a full accompaniment of links. You can advise us of a wrist size before your order is dispatched or taken from a part exchange and we will endeavour to size the watch to the requested size. Where a watch is advertised as having external case and/or bracelet seals intact the bracelet will not be adjusted. Where the size required size exceeds the actual size of the bracelet or strap on the watch we are selling (whether it is the original full length when sold originally or not), links or a longer strap, if available, will be supplied at your cost.

10. PAPERWORK DATE

  1. If the Goods are sold with Paperwork, the age of the Goods is calculated from the date given on the Paperwork, which is when the Paperwork is officially stamped by the authorised dealer ('Age'). You acknowledge that the date of manufacture may be significantly earlier than the Paperwork date.
  2. If the Goods are sold without Paperwork, it can be difficult for us to calculate the Age of the Goods, particularly for vintage Goods. While the Age has been given in good faith (calculated by reference to the serial number if reasonably practicable, owner information or other indicators), you acknowledge that the Age of the Goods listed on the Website is an estimate only.
  3. If the Goods are sold without Paperwork, no representation or warranty, express or implied, is made by us in relation to the accuracy of the Age of the Goods.

11. RETURNS POLICY

  1. Purchases made in store cannot be exchanged or refunded, in some circumstances a credit may be agreed at our discretion. Please refer to clause 13(m). This does not affect your usual consumer rights.
  2. Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition. Returns will not be accepted if we deem the product has been worn or interfered with in any way by ANY third party. Any stickers or seals attached to an unworn or recently serviced watch must not be removed or tampered with. In the event that they are we will not accept the watch back for refund or exchange. Please examine the Goods thoroughly to ensure you are completely satisfied with the product before wearing.
  3. In the event that Goods are returned by you following a refused sale, packaging and insurance will be your responsibility. MWJ relinquishes all responsibility for the safe delivery of Goods in this instance. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  4. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
  5. You must return any Goods that are Faulty (including all packaging, paperwork, links, user manual, service papers and box etc as supplied originally by MWJ ) promptly and within 14 days of advising us of the relevant Faulty Good.
  6. If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
  7. If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £12 (although this may be reviewed on a case by case basis) provided you comply with our reasonable return instructions and you provide us with a copy receipt.
  8. If you are sending your watch in for a service and are based within the UK, we will return your watch to you once the work is completed by Royal Mail's Special Delivery™ and postage will be at your cost (£18.00 unless advised differently). If you are based outside of the UK, a courier will be selected at our discretion and postage and insurance costs will be payable by you.
  9. If we receive a watch for service work that is quoted but not proceeded, then a return postage cost of £18.00 will apply plus £70 for our onward and return post packing and insurance, analytics and raising and communicating the quotation for any necessary or optional works if you are based in the UK. This payment is to be paid prior to us sending the watch to the service facility. If the work is proceeded then the £70 is included in the price quoted. If you are based outside of the UK, a courier will be selected at our discretion and postage and insurance costs will be payable by you plus up to £70 for our onward and return post packing and insurance, analytics and raising and communicating the quotation for any necessary or optional works. Again, if the work is proceeded the £70 is included in the price quoted.
  10. If you are based in the UK and have a valid claim against your warranty, we will reimburse you with
    the cost of returning your watch to us and we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement and/or link addition or removal only, which in any event is not covered under warranty). We will charge for postage, packaging, insurance 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. In all cases, you remain responsible for ensuring that you pack your watch appropriately to prevent damage during transit. YOU MUST CONTACT MWJ PRIOR TO RETURNING ANY WATCH UNDER WARRANTY SO WE CAN ADVISE THE SAFEST METHOD AND HOW TO ADDRESS THE PARCEL.
  11. If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations (if based outside the EU, ordinarily you should mark the watch as a 'return for repair'). 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.

12. FAULTY GOODS

  1. We are under a legal duty to supply you with products that are in conformity with the contract.
  2. You must inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described ('Faulty') upon delivery or if you discover faults later.
  3. You must take reasonable care of the Goods and you must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
  4. On confirmation by us following inspection and/or testing that the Goods were Faulty on delivery ( this may take weeks or even months if examination is required by the watch brand as we have no control over their timescales) and provided you were not made aware of the relevant fault at the time of purchase of the relevant Good, you will be entitled to the following remedies:
  5. you may ask us to refund your payment less any reasonable deduction in accordance with clause 11(j) for loss or damage to Paperwork, box, links or any other connected accessory belonging to the watch, if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
  6. you may ask us to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either a refund or repair subject to the terms set out in this clause 11;
  7. you may ask us to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either refund or replacement subject to the terms set out in this clause 11; or
  8. if we are unable to repair or replace the Goods, you may ask us to refund your payment less: a) any reasonable deduction in accordance with clause 11(j) for loss of or damage to Paperwork; and b) any reasonable deduction for wear and tear through use if the relevant Goods (including Paperwork, links, User Manual Services papers and box as applicable) are returned after 6 months of delivery.
  9. All refunds payable under this clause 11(d) shall be paid 14 days following your election to receive a refund after the Goods (including Paperwork, links user manual service papers and box as applicable) have been returned to us and after we have confirmed that the fault you have reported is proven.
  10. You acknowledge that the Paperwork, box, links etc (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, box, links etc we will make a reasonable deduction to the sum refunded to you which could be a very significant proportion of the purchase price.
  11. We reserve our rights to reduce any remedies under clause 11(d) if Paperwork is missing or damaged.
  12. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit. YOU MUST CONTACT MWJ PRIOR TO RETURNING ANY WATCH UNDER WARRANTY SO WE CAN ADVISE THE SAFEST METHOD AND HOW TO ADDRESS THE PARCEL
  13. If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
  14. If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £12 (although this may be reviewed on a case by case basis) provided you comply with our reasonable return instructions and you provide us with a copy receipt.
  15. Given our reliance at times on third parties and a world-wide shortage of watchmakers, you acknowledge that a reasonable time for completion of a repair may extend to several months for Events Outside Our Control, for example where manufacturer involvement is necessary to carry out the repair (including in the sourcing of parts).
  16. If you buy several Goods from us as part of the same Order, and only some of these Goods are Faulty, you may return the Faulty Goods in accordance with this clause 11, but this does not entitle you to return other Goods which are not Faulty.
  17. To discuss a problem with your Order, please contact the sales advisor that dealt with your Order or alternatively you can contact our Customer Services team by telephone 01625 532532 or by e-mail sales@markworthingtonjewellers.co.uk.
  18. As a consumer, you have legal rights in relation to Goods that are Faulty. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website: www.adviceguide.org.uk or call on 03454 040506). Nothing in our Terms will affect your legal rights.

13. YOUR RIGHT TO CANCEL

  1. Subject to clause 12(b), you have a legal right to cancel your Order during the period set out in clause 12(c) and receive a full refund.
  2. The cancellation right does not apply to Goods purchased from any of our premises and/or if the Goods have been adjusted to meet your specifications or personalised.
  3. Purchases made or orders placed in store cannot be exchanged or refunded. In some circumstances we may offer a credit note. Please refer to clause 12 (m) This does not affect your usual consumer rights.
  4. You may cancel your Order for the Goods without giving any reason. The cancellation period will expire after 14 days from the day after the Goods are delivered to you or your nominated recipient. If your Order consists of multiple Goods this period will end the day after the last of the Goods are delivered.
  5. To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team at sales@markworthingtonjewellers.co.uk. You can call 01625 532532, or write to us at Mark Worthington Jewellers, 23, Water Lane, Wilmslow, Cheshire. SK9 5AE.
  6. If you cancel your Order we will reimburse you for the goods in full.
  7. We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including original packaging, Paperwork, links, user manual, service papers and box as applicable). The Goods must be in their original condition.
  8. You acknowledge that the Paperwork, box, links or any other original items belonging to the watch (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, box, links etc we will make a reasonable deduction to the sum refunded to you which can be a significant proportion of the purchase price.
  9. Returned Goods will be inspected by our servicing team and we will either refuse to accept the goods back or you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  10. Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
  11. In the event that Goods are returned to you following a refused cancellation of order or sale, packaging and insurance will be at your cost. MWJ relinquishes all responsibility for the safe delivery of Goods in this instance.
  12. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  13. Provided that you comply with the terms of this clause 12, you will be refunded in full within 14 days of the date we receive the returned Goods or from when we receive proof that you have sent the goods back to us, whichever is the earliest. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees from us as a result of the reimbursement.
  14. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call us on 03454 040506). Nothing in our Terms will affect your legal rights.
  15. When a credit note is issued it is valid for three months and may be used against any item that we have in stock in the same category ie new or preowned. If for any valid reason you choose to return an item purchased with a credit note, another credit note will be issued. When selecting your purchase:

    If your credit note exceeds the purchase price of the stock item, no change will be given for the unused portion of the credit note. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.

    Where your credit note is less than the purchase price of the stock item, you must pay the outstanding payment balance. If you have a valid reason to return this item, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.

    It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the stock item to be collected or shipped.

14. OUR RIGHT TO CANCEL

  1. We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.
  2. If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment, see clause 17).

15. OUR LIABILITY

  1. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and 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, loss of business, business interruption, or loss of business opportunity.
  2. Subject to clause 14 (c), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.
  3. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 14(b) 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 we entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
  4. Subject to clause 14(e), our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.
  5. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non-conforming digital content); sections 17 and 41 (trader right to supply); section 28 (delivery) and section 29 (passing of risk)).

16. EVENTS OUTSIDE OUR CONTROL

  1. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
  2. An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.

17. FRAUDULENT PAYMENTS

If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Goods and we will not carry out any refunds until authorised by our bank.

18. BUY BACK GUARANTEE

Some of our Goods benefit from our Buy Back Guarantee. If this is included in your Order, please take the time to read and understand our Buy Back Guarantee terms and conditions.

19. PROMOTIONS

If you wish to make an Order further to a promotion, please take the time to read and understand our Promotions terms and conditions.

20. PRIVACY

We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.

21. ENTIRE AGREEMENT

These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

22. COMMUNICATIONS BETWEEN US

  1. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to sales@markworthingtonjewellers.co.uk or pre paid post to Mark Worthington Jewellers, 23, Water Lane, Wilmslow, Cheshire. SK9 5AE. We will confirm receipt of this by contacting you in writing, normally by e-mail.
  2. 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 have given us.

23. WAIVER

  1. 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.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

24. SEVERABILITY

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.

25. THIRD PARTY RIGHTS

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

26. OUR RIGHT TO VARY THESE TERMS

  1. We have the right to revise and amend these Terms from time to time.
  2. You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies 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 terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).

27. TRANSFER OF OUR RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

28. GOVERNING LAW AND JURISDICTION

  1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
  3. Although you agree that these Terms are governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with MWJ in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

29. OUR DETAILS

Mark Worthington Jewellers Limited. 01625 532532. Company number 3730070. VAT number 419529237. 23, Water Lane, Wilmslow, Cheshire. SK9 5AE.

As a consumer, nothing in these Terms will affect your legal 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 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 us.

Please ensure that you review clauses 14 and 18 as they include important limitations on, and exclusions of, our liability.

1. INTERPRETATION

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

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

    Watch, item: the watch (or any part of it) that you wish to sell either to us or through us together with any accompanying box, sales literature, promotional material and other documentation (where applicable).

    We, us, our: Mark Worthington jewellers Limited (registered in England and Wales with company number 3730070).

    Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.

    You, your: the person or other entity that wishes to sell an item either to us or through us.
  2. Clause headings shall not affect the interpretation of these terms and conditions.
  3. 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

  1. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make and condition, by either entering details on the "Sell Your Watch" page on our website.
  2. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
  3. You will then receive either an e-mail or an on-line notification with an initial valuation.
  4. Please note that we may request proof of purchase from you at our discretion by way of an original receipt or invoice. Please see the section "Proof of Purchase" for further details.
  5. 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.
  6. If you are happy with the initial valuation, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing "Delivery" below, or alternatively handed over in-store.
  7. On receipt of your watch at our offices, the purchase of your watch is subject to due diligence checks which may include a searches through lost and stolen registers and also to an inspection. Please note: should your watch match an item on any database of stolen watches then MWJ will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment or credit will be made and you will be required to contact us or the holders of the database directly to resolve the issue. We will then contact you by email with a final valuation for your watch. 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.
  8. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
  9. If you wish to proceed with a sale you will need to accept our final valuation The contract between us will only be formed when you have accepted the final price quoted. Upon your acceptance we will then send you an e-mail either: (a) confirming the agreed sum to be paid (see "Payment below"), when payment will be made, and the payment method; or (b) where you are part-exchanging your watch for a new watch, we will issue you with an invoice detailing the part exchange in the deal or if the price of the part exchange exceeds the price of the watch being purchased we will provide paperwork detailing the watch being part exchanged and the price being paid for the watch being puchased.
  10. 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.
  11. Please note that if you visit our showroom, 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.

l. We will also endeavour to keep you regularly updated by telephone, text or e-mail.

3. PRICE AND PAYMENT

  1. 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 any bank charges and the exchange rate and you are advised that refunds may be affected by such bank charges and exchange rate.
  2. We will make payment to the bank account advised by you or where you are part-exchanging your watch for a new watch we will issue you with a detailed invoice, which will show the price of the part exchange and the watch being purchased. 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.
  3. 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. All bank details must be entered by you and you are responsible for the accuracy of these details.
  4. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
  5. 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, or if you have already purchased a new watch by utilising the part exchange price or purchase price given in respect of your watch, you must refund us the full part exchange price or purchase price paid, within 7 days of receipt of notice from us. If the sale involved a part-exchange with us, please see "Part-Exchanges" below.
  6. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
  7. The price quoted excludes import duty or other taxes, fees and charges (see "Customs" below).
  8. 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.
  9. 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. DELIVERY

  1. You will deliver the items:to our premises at Mark Worthington Jewellers Limited, 23, Water Lane, Wilmslow, Cheshire. SK9 5AE or as instructed by us prior to delivery (Delivery Location) during our normal business hours or as instructed by us; or
    1. by handing the items in-store.
  2. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see "Customs" below).
  3. 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.
  4. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location.
  5. YOU MUST CONTACT MWJ PRIOR TO RETURNING ANY WATCH UNDER WARRANTY SO WE CAN ADVISE THE SAFEST METHOD AND HOW TO ADDRESS THE PARCEL
  6. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible 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 with a prepaid post charge of £20 if you are based 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.)
  7. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location, or where relevant upon confirmed receipt of the items by the Purchasing Agent.
  8. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.
  9. In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.

    Risk and title

    1. Your watch will be our responsibility from the time of delivery to the Delivery Location.
    2. Ownership of the watch will pass from you to us when the contract has been completed between us namely (a) when the purchase price has been paid to you by us; or (b) where you are purchasing a new watch in part-exchange of your current watch, we will buy your watch and raise a cheque which we will pay to ourselves for the agreed part exchange price. The price paid for your watch then becomes the deposit or payment in full for the watch you are buying. We will fill in the necessary purchase form and either email you a copy, post a copy with the watch being purchased or hand a copy to you. This purchase form may need to be signed or acknowledged by email. We may require further proof of identity and address. We will issue a numbered receipt detailing the deposit and final price with our stock number of the watch being bought.

5. 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.

6. THE ITEMS

You will ensure that the items will:

  1. correspond with their description;
  2. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) 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
  3. be free from defects in design, material and workmanship.
  4. In some instances a non-manufacturer strap may be fitted to a watch.

7. YOUR UNDERTAKINGS

You confirm that:

Information supplied by you

  1. all the information supplied by you to us before conclusion of a contract under "Our Contract With You" above is true, accurate and complete;
  2. 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

  3. 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:
    1. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
    2. the watch is not subject to an undisclosed finance agreement; and
    3. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;

    Condition

  4. there are no undisclosed physical defects with the watch;
  5. the watch has not been an insurance "write-off" or subject to substantial remedial repairs;
  6. the watch has not been altered or tampered with;

    Authenticity and provenance

  7. 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
  8. 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.

8. REMEDIES

  1. If the items do not comply with clause 6 (The Items) and the undertakings set out in clause 7 (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:
  2. to terminate the contract;
  3. to reject the items (in whole or in part) and return them to you at your own risk and expense;
  4. to require you to provide a full refund of the price of the rejected items (if paid), or of the full amount credited to you where you have purchased a new watch in part-exchange of your current watch;
  5. to recover from you any costs incurred by us in obtaining substitute items from a third party; and
  6. 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.
  7. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.

9. 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.

10. PART-EXCHANGES

  1. For details of how the contract is made and the terms and conditions applicable for a part exchange with us, please see "Our Contract With You" above.
  2. 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. If the order is placed in store after viewing the watch and we have removed it from sale we will deduct a 10% restocking fee.
  3. In the event that we discover that the watch you are selling us in part-exchange either for another watch from us 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 and 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, or where relevant pay the full amount credited 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.
  4. Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy from us, 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.

11. PROOF OF IDENTITY

  1. If you visit our store, 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.
  2. It will be necessary for you to produce the original of one document from each of the following two categories:

    Proof of identity

    1. Current valid passport
    2. Current driving licence
    3. Other (e.g. known employer identity card with photo and signature)

    Proof of address

    1. Recent utility bill
    2. Council tax bill
    3. Bank statement

12. PROOF OF PURCHASE

  1. Wherever possible, we aim to collect proof of purchase with every transaction by way of an original receipt or invoice. A warranty card will not be accepted as proof of purchase.
  2. If proof of purchase cannot be provided, you will be referred to a senior member of staff who will evaluate the risks based on other information already provided by you as above.
  3. Please be aware that our decision to continue with the transaction without proof of purchase is at our complete discretion and we reserve the right to cancel the transaction at any time.

13. LOSS OR DAMAGE

  1. 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.
  2. 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 MWJ, to understand our practices.

15. OUR LIABILITY

  1. Subject to clause 15(b), 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.
  2. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss 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.
  3. Subject to clause 14 (d), 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 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).
  4. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).

16. ENTIRE AGREEMENT

  1. 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.

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 (not involving MWJ employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

20. COMMUNICATIONS BETWEEN US

  1. When we refer, in these terms and conditions, to "in writing", this will include e-mail.
  2. 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 Mark Worthington jewellers Limited, 23, Water Lane, Wilmslow, Cheshire. SK9 5AE. We will confirm receipt of this by contacting you in writing, normally by e-mail.

21. WAIVER

  1. 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.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. 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. SEVERABILITY

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

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.

25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  1. We have the right to revise and amend these terms and conditions from time to time.
  2. 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 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

  1. 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.
  2. 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).
  3. Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with MWJ in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

27. OUR DETAILS

Mark Worthington Jewellers Limited. 01625 532532. Company number 3730070. VAT number 419529237. 23, Water Lane, Wilmslow, Cheshire. SK9 5AE.

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

WARRANTY

Our pre-owned watches are accompanied either by our Full or Limited 12 month warranty (the "Warranty") from the day you receive your watch, protecting your watch against manufacturing and mechanical defects, subject to the following terms and conditions. Our Warranty does not include new watches that remain under cover of the Manufacturers warranty.

If your watch is protected by a Limited Warranty, given its age, we do not guarantee that your watch will keep typical expected tolerances for timekeeping, and it is no longer suitable for use in wet environments or submersion in water.

Your Warranty will be registered to your current postal address. To ensure your Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient.

The Warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions). In particular, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our Warranty. If your watch is covered by our Limited Warranty, deviations in time-keeping or damage caused to your watch by water ingress are not covered by our Warranty.

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 that any third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent.

The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of your watch. Any modification of your watch by the addition or substitution of components by 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 us as advised and with adequate insurance. It shall be your responsibility and at your cost unless stated 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.

Delivery of the watch will be completed when we deliver the watch to the address given in your order or when the watch is collected from our offices (by you or your representative).

If you arrange for another courier to collect the watch, delivery will be completed when the watch is collected from our offices. This means that we will not be responsible if the watch is lost or damaged in the course of transit.

The watch will be your responsibility from the completion of delivery.

Your Warranty is personal to you and is non-transferable. The Warranty is in addition to your legal rights. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

If you wish to make a claim against your Warranty, please contact us before dispatching your watch.

* Where you enter into a finance agreement, the date of purchase means the date we receive the final balance payment in full and cleared funds from the finance company.

VALUATIONS

If MWJ is instructed by a customer to carry out such a valuation the watch must be brought to our premises and left with us if we cannot take enough information at the time.