Website Terms and Conditions Ancient & Modern
Iconic Watches prides itself on providing the following services:
- Over 6000 satisfied customers from the UK and 19 other countries around the world
- Over 70 Years of experience in the watch trade
- Specialists in fine watches, diamonds, jewellery, antiques, coins and gold bullion.
- Customer Service - Please review our feedback on Reviews.io.
- Experienced staff including an onsite watchmaker and jeweller.
Our highly revered position within the international watch and diamond community ensures that total confidence when enquiring or purchasing an item.
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Website Terms and Conditions Ancient & Modern
This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Your contract is with Ancient and Modern Jewellers Ltd. All contracts are between you and the Company as a separate legal entity. The Directors of the Company have no liability for any acts or omissions on the part of the Company and cannot be held personably accountable for the Companies actions.
These Terms, and any Contract between us, are only in the English language.
Information about us
We are Ancient and Modern Jewellers Ltd, a company registered in England and Wales under company number 06311626 and with our registered office at Room J, 1st Floor Richmond Chambers, Richmond Terrace, Blackburn, Lancashire, BB1 7AS. Our main trading address is Ancient & Modern Ltd, 17 New Market Street, Blackburn, BB1 7DR. Please note that any transactions conducted at our shop are by appointment only. If you wish to make an appointment, please contact us on 01254 867 380 or follow this link to reserve an appointment.
- Contacting us if you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form INSERT LINK TO FORM on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at info@iconicwatches.co.uk or contact our Customer Services team by telephone on 01254 867 380 or by post to Ancient & Modern Ltd, 17 New Market Street, Blackburn, BB1 7DR.. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01254 867 380 or by e-mailing us at info@iconicwatches.co.uk.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- Contacting us if you are a business. You may contact us by telephoning our customer service team at 01254 867 380 or by e-mailing us at info@iconicwatches.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.
- Contacting us if you are a consumer:
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Our Products
- We sell unworn and pre-owned watches:
Unworn watches - these are not new watches however; they remain in their original cases with all seals and warranties intact.
Pre-owned watches - these are used, second-hand watches. - The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Further, as Products sold are unworn or pre-owned (as described above), we cannot guarantee that they will match our pictures exactly.
- All sizes, weights, capacities, dimensions and measurements have been taken directly from the manufactures' specification however; these may vary slightly due to the pre-owned nature of the Products.
- The packaging of the Products may vary from that shown on the images on our site.
- We sell unworn and pre-owned watches:
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Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
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How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
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How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
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If you are a business customer
This clause 6 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
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How the contract is formed between you and us
- We are not authorised dealers for any of the manufacturers we feature on the site. We sell and stock unworn or pre-owned watches as described in clause 2.1. We can also source brand new watches however, these are not held in stock and will be sourced from third parties. You will find a list of the Products that we currently hold in stock under the “In Stock Watches” tab on our website.
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. You will also receive an email confirming that your order has been placed (this is your start date for Services in the case of non-stock watches). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.
- In the case of non-stock watches, it may take up to 14 days to confirm that you order has been placed and a further 21 days to arrange delivery. In the event that it takes us more than 14 days to confirm your order, or in excess of 21 days to deliver your Product, we will email you to let you know.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- Your obligation to pay for goods starts once you have clicked the “Order with obligation to pay” button on our website. This obligation to pay is irrespective of whether you receive an e-mail confirmation of your order.
- If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
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Our right to vary these Terms
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; and
- changes to our internal policy.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
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Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 from the date on which the Contract starts (the day you receive your Dispatch Confirmation email) until 14 working days after your receive your item (the relevant period). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. If any of the product's packaging has been opened, damaged or any of the seals broken, we will make a 20% restocking fee. This is without prejudice to any other legal rights and remedies. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of Watches that are altered to customer specifications. If you wish to cancel your order in these circumstances you must notify us by email or in writing as soon as possible. We will acknowledge your intention to cancel within 14 working days and postpone the start of the service. The customer agrees that once your watch has been altered to your specification, you may become liable for a cancellation fee. Any cancellation fee will be calculated on an individual basis up to a maximum of 20% of the purchase price.
- The cost will reflect the potential losses incurred by Ancient & Modern Jewellers Ltd in selling the watch as a pre-owned item. Each case will be assessed individually.
- In addition to the above, you cancellation rights outlined in clause 9.1 do not apply in the case of non-stock watches that are ordered from third parties. The “sourcing” of non-stock watches in this instance can be classed as the supply of a service (as opposed to the supply of goods).
- In this instance, by accepting these terms and conditions, we will take this as your request that we immediately perform our service in accordance with these Terms and pursuant to section 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you accept that you have waived your rights under section 29(1) and that you will be liable to pay us our reasonable costs in accordance with Regulation 36(4), which will be the reasonable amount for supply of service up to point of cancellation.
- You may cancel the contract for Services with immediate effect regardless of clause 9.5 by giving us written notice if:
- We break this contract in any material way and we do not correct or fix the situation within 30 days of you asking us to in writing;
- We go into liquidation or a receiver or an administrator is appointed over our assets;
- We change these Terms under clause 8 to your material disadvantage;
- We are affected by an Event Outside Our Control.
- Your legal right to cancel a Contract starts from the date of the Contract (the date on which you place your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract
Your Contract is for a single Product (which is not delivered in instalments on separate days).
End of the cancellation period
The end date is the end of 14 working days after the day on which you receive the Product.
Example: if you place your order on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract
Your Contract is for a single Product that is altered or customised.
End of the cancellation period
The end date is the end of 14 working days after the day on which you receive the Product.
However, for any altered products a restocking fee shall be charged upon cancellation in accordance with clause 9.2.
In addition, if any pre-order deposit has been placed for the Product, this deposit is non-refundable upon cancellation of the Contract by the customer.
Your Contract
Your contract is for the supply of services (you have ordered a non-stock watch)
End of the cancellation period
You hereby agree in accepting these terms that you have waived your cancellation rights in accordance with clause 9.5 and that you will be liable for our reasonable costs
- To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at info@iconicwatches.co.ukor by post to Ancient & Modern Ltd, 17 New Market Street, Blackburn, BB1 7DR. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
- If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page http://www.iconicwatches.co.uk/terms-and-conditions for information about what handling is acceptable and examples.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.12;
- if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
- If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
- If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or hand it to our authorised carrier. Please see our Returns policy under clause 9for our returns address. If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Product is faulty or not as described (in this case, see clause 9.10), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge £15.00 for all collections within the UK and £50.00 for all international collections.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
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Delivery
- We will contact you with an estimated delivery date following receipt of your order. Delivery dates vary dependant on location. If we consider that the delivery of the Product will take in excess of 30 days from the date of the Contract, we will contact you via email. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
- Any orders placed by Debit or Credit card must be delivered to the card holder’s address as held with their bank.
- If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
- Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- This clause 10.7 only applies if you are a consumer
- If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- If you do choose to cancel your Order for late delivery under clause 10.7 or clause 10.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
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International delivery
- We deliver to all countries covered by our chosen courier, DHL. A list of the countries served by DHL can be found https://parcel.dhl.co.uk/. If you cannot locate your country on this list, please contact us and we will provide a fixed quotation for delivery of the Product.
- If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
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Price of products and delivery charges
- The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- Most of our watches and jewellery are purchased under the VAT margin scheme. Unfortunately for customers not resident in the EC, goods bought under this scheme are NOT eligible for VAT (we simply pay VAT on our profit margin). Some of our suppliers ARE able to supply brand new goods to us on a full VAT invoice so please don't hesitate to contact us to discuss this.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
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How to pay
- You can only pay for Products using the following methods: (We may ask for 2 forms of ID to support any of our transactions)
Debit card. - No surcharge. The watch must be dispatched to the billing address of the card.
Credit card. - 2% surcharge. The watch must be despatched to the billing address of the card.
Cash. - any amounts over €10,000 (or equivalent GBP) will need to be supported by 2 forms of ID and an explanation of where funds came from (this is to comply with UK anti-money laundering laws). Payments in cash may also be deposited directly in our Barclays account.
Cheque. - Payable to Ancient and Modern Jewellers Ltd. Funds must clear before the watch is released.
Bankers Draft. - Payable to Ancient and Modern Jewellers Ltd. All drafts will be authenticated by our bank before the watch is released.
Most of our watches and jewellery are purchased under the VAT margin scheme. Unfortunately for customers not resident in the EC, goods bought under this scheme are NOT eligible for VAT (we simply pay VAT on our profit margin). Some of our suppliers ARE able to supply brand new goods to us on a full VAT invoice so please don't hesitate to contact us to discuss this. Ancient and Modern Jewellers Ltd. All drafts will be authenticated by our bank before the watch is released.
Bank transfer. - Only CHAPS transfers will be accepted. Please contact us for our bank account details. We require 5 working days to confirm the money is in our account prior to shipping.
Euro Payments. - Can be paid into our EURO account, please ask for details.
PayPal – Can be paid into our PayPal account, please ask for details. Amex is accepted via PayPal. - Payment for the Products and all applicable delivery charges is in advance.
- You can only pay for Products using the following methods: (We may ask for 2 forms of ID to support any of our transactions)
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Manufacturer guarantees
- All pre-owned and unworn watches are supplied with a 2 year the manufacturer's international warranty. If any manufacturer’s Warranty is for a period less than 2 years, Ancient & Modern Jewelers Limited will provide their own Warranty, for a period of up to 1 year.
- Any claims made against the Warranty, be that the manufacturers or that of Ancient & Modern Jewelers is subject to inspect by an authorised Expert.
- If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
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Our warranty for the Products
- Some watches come with an Ancient & Modern Jewellers Ltd 1 year warranty. We guarantee that as long as the watch is used in the way it is intended it will operate for the period of the warranty as it should, were it a new watch. However, this warranty does not apply in the circumstances described in clause 15.2.
- The warranty in clause 15.1does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
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Our liability if you are a business
This clause 16 only applies if you are a business customer.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 16.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Nothing in these Terms limits or excludes our liability for:
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Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
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Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- If you choose to cancel the Contract for an altered item or an item that was not currently in stock due to an Event Outside Our Control, you will be charged up to 20% of the value of the Product following cancellation in accordance with clause 9.2.
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Communications between us
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.1.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
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Other important terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, a Contract 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.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).