Terms of Website Use and Supply

Terms of Website Use

Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.theclassicwatchcompany.com (“our site”), whether as a guest or a registered user. The term “you” refers to the user or viewer of our site. Please read these terms of use carefully before you start to use the site.

By browsing on or using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

The website www.theclassicwatchcompany.com is operated by The Classic Watch Company Limited (trading as The Classic Watch Company) ("we", “us” or “our”).  We are registered inEngland andWales under company number 06550198 and have our registered office at Epworth House,25 City Road,LondonEC1Y 1AR.  Our main trading address is8-9 Brighton Square, The Lanes, Brighton, East Sussex BN1 1HD,England.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will make reasonable efforts to ensure that our site is available to view and use 24 hours a day throughout each year however, we will not be liable if for any reason our site is unavailable at any time or for any period. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@classicwatchcompany.com.

Eligibility to purchase from our site

To be eligible to purchase goods from our site and lawfully enter into and form contracts with us, you must:

  • Be at least 18 years old.
  • Be legally capable of entering into a binding contract.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

The content on our site is provided for general information only. It shall be your responsibility to ensure that any goods or information available through our site meet your specific requirements. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law we hereby expressly exclude:

  • All conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

The above provisions do not affect your statutory rights as a consumer.

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy [CREATE AS HYPERLINK].  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through our site

If you purchase goods from our site, our Terms and Conditions of Supply [CREATE AS HYPERLINK] will apply to the sale.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to info@classicwatchcompany.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Jurisdiction and applicable law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts ofEnglandandWaleswill have non-exclusive jurisdiction. However, if you are a resident ofNorthern Irelandyou may also bring proceedings inNorthern Ireland, and if you are resident ofScotland, you may also bring proceedings inScotland.

Your concerns

If you have any concerns about material which appears on our site, please contact info@classicwatchcompany.com.

Thank you for visiting our site.

 

Website Terms and Conditions of Supply

This page (together with our Privacy Policy [CREATE AS HYPERLINK], Terms of Website Use [CREATE AS HYPERLINK] and any other documents referred to on them) tells you as the customer (“you” or “your”) information about us and the legal terms and conditions (“Terms”) on which we sell and supply 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 by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.  Before placing an order you will be asked to agree to these Terms.  Please click on the button marked “I Accept” at the end of these Terms if you accept them. 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 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1.                    Information about us

1.1                 The website www.theclassicwatchcompany.com is owned and operated by The Classic Watch Company Limited (trading as The Classic Watch Company) (“we”, “us” or “our”). We are registered inEngland andWales under company number 06550198 and have our registered office at Epworth House,25 City Road,LondonEC1Y 1AR.  Our main trading address is8-9 Brighton Square, The Lanes, Brighton, East Sussex BN1 1HD,England.

1.2                 To contact us, please see our Contact Us page.

2.                    Our Products

2.1                 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.

2.2                 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site cannot be guaranteed.

2.3                 The packaging of the Products (if any) may vary from that shown on images on our site.

2.4                 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3.                    Use of our site

Your use of our site is governed by our Terms of Website Use [CREATE AS HYPERLINK]. Please take the time to read this, as it includes important terms which apply to you.

4.                    How we use your personal information

We only use your personal information in accordance our Privacy Policy [CREATE AS HYPERLINK]. Please take the time to read this, as it includes important terms which apply to you.

5.                    Eligibility to purchase from our site and legal rights

5.1                 To be eligible to purchase goods from our site and lawfully enter into and form contracts with us, you must be at least 18 years old and be legally capable of entering into a binding contract.

5.2                 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6.                    How the contract is formed between you and us

6.1                 When you submit your order for the Products to us, this does not mean we have accepted your order for the Products. Our acceptance of your order will take place as described in clause 6.2. If we are unable to supply you with the Products, we will inform you of this by e-mail and we will not process your order.

6.2                 These Terms will become binding on you and us when we issue you with a written acceptance of your order in accordance with in clause 6.5, at which point a Contract will come into existence between you and us.

6.3                 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. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

6.4                 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 6.5.

6.5                 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).  The Contract between us will only be formed when we send you the Dispatch Confirmation. We reserve the right to refuse any order placed by you at any time prior to our acceptance, without providing an explanation.

6.6                 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 of an error in the price on our site as referred to in clause11.5, 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 as soon as possible.

7.                    Our right to vary these terms

7.1                 We reserve the right to revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.2                 Your continued use of our site will be subject to the Terms in force at that time. It is your responsibility to check regularly to determine whether we have changed these Terms.

8.                    Your consumer right of return and refund

8.1                 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2                 You may cancel your order for the Products at any time before we send you the Dispatch Confirmation (as defined in clause 6.5 above). After that time your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.  You will no longer have a right to cancel after this period and any cancellation will be at our absolute discretion.

8.3                 To cancel a Contract, you must contact us in writing by sending an e-mail to info@classicwatchcompany.com or by sending a letter to Customer Returns,8-9 Brighton Square, The Lanes, Brighton, East Sussex BN1 1HD,England. Your cancellation notification must quote your name, address, the name or a description of the Products and your order reference number. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

8.4                 Subject to clause 8.8 below, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3, subject to receiving the Products (if the Products have already been delivered to you) in the same condition in which they were delivered to you. If you returned the Products to us because they were faulty or mis-described, please see clause 8.5.

8.5                 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. In all other cases the return postage, packaging and insurance will be your responsibility and at your cost. We recommend you use a tracked mail system and retain proof of postage. You must insure the Products to their full value and you must ensure that you pack the Products appropriately to prevent damage during transit.

8.6                 We will refund you on the credit card or debit card used by you to pay.

8.7                 If the Products were delivered to you:

(a)            you must return the Products to us as soon as reasonably practicable and in any event within 7 (seven) working days of the date we received your notice of cancellation as described in clause 8.3;

(b)            unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us;

(c)             you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

8.8                 Returned Products must be in their original condition and will be inspected by our servicing team upon receipt. You will incur a charge for any work necessary if the Products are found to be damaged or otherwise compromised. If you do not accept our charge or we cannot repair the Products, we will return the Products to you unrepaired and we will not issue a refund. This clause 8.8 is without prejudice to your legal rights under clause 8.5 in respect of faulty Products that we have delivered to you.

8.9                 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.                    Delivery

9.1                 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation (as defined in clause 6.5 above), unless there is an Event Outside Our Control (as defined in clause 14.2 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

9.2                 The Products will be delivered to you at the address you provided during the order process (subject to clause 10.2 below). Delivery will be completed when we deliver the Products to the address you gave us.

9.3                 The Products will be your responsibility from the completion of delivery.

9.4                 You own the Products once we have received payment in full, including all applicable delivery charges. This clause 9.4 is without prejudice to your legal rights under clause 8 above.

10.                 International delivery

10.1              Our site is intended for use by customers resident in England, Wales, Scotlandand Northern Island (“UK”) and we do not presently deliver to addresses outside theUK as a matter of course. You may place an order for Products from outside theUK, but (subject to clause 10.2 below) this order must be for delivery to an address in theUK.

10.2              We may at our discretion accept your order if you are resident in the European Economic Area (“EEA”), subject to reserving a right to amend the specifications or standards of the Products offered on our site and/or these Terms, or to refuse to accept an order for our Products from you if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs (including, but not limited to, all postage and insurance) that we incur in order to facilitate your order. If you would like to enquire about other overseas orders please email info@classicwatchcompany.com. If we agree to supply any Products ordered from our site for delivery outside theUK, the Products must be dispatched to the billing address of the cardholder.

10.3              If we agree to supply any Products ordered from our site for delivery outside theUK, your order may be subject to import duties, charges 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, charges and taxes. Please contact your local tax or customs office for further information before placing your order.

10.4              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.

11.                 Price of Products and delivery charges

11.1              The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.

11.2              Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation (as defined in clause 6.5 above).

11.3              The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in theUKfor the time being.

11.4              The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and will be notified to you prior to you submitting your order to us. To check relevant delivery charges, please refer to our Delivery Charges [CREATE AS HYPERLINK] page.

11.5              Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will we will contact you in writing 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.

12.                 How to pay

12.1              You can only pay for Products using a debit card or credit card. We may from time to time accept payment via a payment services provider (“PSP”) (for example, PayPal). Where applicable, please ensure that you read the terms of any PSP before completing your payment for the Products. You should only proceed with your order payment if you are able to accept their conditions.

12.2              Payment for the Products and all applicable delivery charges is in advance and in pounds sterling. We will not charge your debit card or credit card until we dispatch your order.

13.                 Our liability to you

Your attention is particularly drawn to this clause 13.

13.1              If we fail to comply with these Terms, we may be 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 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.

13.2              We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3              We do not in any way exclude or limit our liability for:

(a)            death or personal injury caused by our negligence;

(b)            fraud or fraudulent misrepresentation;

(c)             any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)            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

(e)            defective products under the Consumer Protection Act 1987.

13.4              Except as expressly stated in these Terms, 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.

14.                 Events outside our control

14.1              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 14.2. 

14.2              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.

14.3              If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)            we will contact you as soon as reasonably possible to notify you; and

(b)            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.

15.                 Communications between us

15.1              When we refer in these Terms to “in writing” this will include e-mail.

15.2              As a consumer:

(a)            To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to info@classicwatchcompany.com or by sending a letter to Customer Returns, 8-9 Brighton Square, The Lanes, Brighton, East Sussex BN1 1HD, England. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

(b)            If you wish to contact us in writing for any other reason, you can send this to us by e-mail to info@classicwatchcompany.com or by pre-paid post to Customer Enquiries, 8-9 Brighton Square, The Lanes, Brighton, East Sussex BN1 1HD, England.

15.3              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.

16.                 Other important terms

16.1              We may use or recommend third parties to provide some or all of the services listed on our site.  Where such services are to be provided by a third party we shall notify you at the outset. Any services provided by a third party shall be governed by that party’s own terms and conditions of business rather than these Terms.

16.2              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.

16.3              You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.4              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.

16.5              Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

16.6              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.

16.7              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 ofEnglandwill have non-exclusive jurisdiction. However, if you are a resident ofNorthern Irelandyou may also bring proceedings inNorthern Ireland, and if you are a resident ofScotland, you may also bring proceedings inScotland.