1.1
These Terms and Conditions apply to all products purchased from Watch Shuffle Ltd, a company incorporated in England and Wales (company number 14074692 with its registered office at J O Hunter House, 409 Bradford Road, Huddersfield, West Yorkshire, England, HD2 2RB (“Watch Shuffle”, “we”, “us” or “our”).
By placing an order with us, you (“you” or “your”) agree to be bound by these Terms and Conditions.
1.2
Nothing in these Terms and Conditions affects any statutory rights you may have under applicable law where those rights cannot legally be excluded or limited.
2.1
Unless otherwise stated or required by applicable law, purchases are considered final once your order has been accepted by us.
2.2
Where applicable law provides you with a statutory right to cancel an order, those rights will apply notwithstanding these Terms and Conditions.
3.1
These Terms and Conditions apply to all purchases made through Watch Shuffle unless we agree otherwise with you in writing.
3.2
No amendment to these Terms and Conditions will be binding unless agreed in writing by both you and us. We may, however, make reasonable changes to the specification of a product where those changes do not materially affect its quality, description or value.
3.3
We take reasonable care to ensure that descriptions, photographs and other information relating to products are accurate. However, any statements we make regarding the authenticity, description, age, provenance or condition of a product represent our assessment of the product and, unless expressly stated otherwise, are not provided as a separate warranty.
3.4
Nothing in this clause limits or excludes liability for fraudulent misrepresentation or any other liability which cannot legally be excluded or limited.
4.1
Product descriptions and prices displayed on our website are invitations for you to make an offer to purchase. They do not constitute a binding offer by Watch Shuffle.
4.2
We make reasonable efforts to ensure that products displayed on our website remain available. However, availability cannot be guaranteed. We reserve the right to remove a product from sale, correct an error or decline an order where we are unable to process or fulfil it.
If we decline an order after you have made payment, we will refund the amount paid in respect of that order.
4.3
When you place an order, you are making an offer to purchase the relevant product from us on these Terms and Conditions.
4.4
Your order will only become a binding contract when we accept your order. Acceptance will normally occur when we issue an invoice and accept your payment, whichever occurs first.
4.5
We may retain records of orders, invoices, payments and other transaction information for a reasonable period. You should retain copies of your order confirmation, invoice and these Terms and Conditions for your own records.
5.1
You confirm that all information you provide when placing an order is accurate, complete and up to date and that you are legally entitled to enter into a binding contract with us.
5.2
You must be at least 18 years old to purchase products from Watch Shuffle.
5.3
Unless otherwise agreed in writing, products are supplied for personal use and are not intended for resale or commercial distribution.
5.4
No warranty, representation, commitment or other obligation should be assumed to have been given by Watch Shuffle unless expressly confirmed by us in writing.
6.1
The price payable for a product will be the price confirmed by us when your order is accepted.
6.2
All prices will be displayed in the currency stated on the relevant product listing, invoice or order confirmation.
6.3
We take reasonable care to ensure that prices and product descriptions displayed on our website are accurate. If we discover an obvious pricing or description error before your order has been accepted, we may correct the error and give you the option to proceed with the purchase at the corrected price or cancel the order.
6.4
Unless otherwise stated:
6.4.1
shipping and delivery charges are additional and will be quoted separately where applicable;
6.4.2
insurance costs, where separately required, may be charged in addition;
6.4.3
prices for UK and EU customers will include VAT where applicable;
6.4.4
customers outside the UK and EU may be responsible for local taxes, import duties, customs charges and other applicable charges.
6.5
Payment must be made using one of the payment methods made available by Watch Shuffle.
6.6
Unless otherwise agreed, payment must be received in full before the product is dispatched.
6.7
We may verify payment details and carry out appropriate fraud prevention and security checks before accepting or dispatching an order.
We reserve the right to decline or cancel an order where we reasonably believe that payment information or other personal information has been supplied fraudulently or where a transaction presents a security or fraud risk.
6.8
Where payment is made against an invoice, the invoice is payable in full within 24 hours, unless a different payment period has been agreed in writing.
6.9
You may not withhold, deduct or set off any amount from a payment due to us without our prior written agreement.
6.10
Where we have agreed to provide credit or deferred payment terms, we may change or withdraw those terms at any time. We reserve the right to charge interest on overdue amounts at the maximum rate permitted by applicable law.
You will also be responsible for reasonable costs incurred by us in recovering overdue amounts, including reasonable legal and professional costs.
6.11
UK PAYMENT METHODS
Where available, UK customers may pay using the payment methods displayed at checkout or otherwise agreed with us.
For cash payments, we may request appropriate proof of identity and address and reserve the right to refuse a cash payment.
6.12
Customers based outside the UK may be required to make payment by international bank transfer or another payment method agreed by Watch Shuffle.
7.1
If you:
we may, without affecting any other rights available to us:
7.1.1
cancel or refuse to complete your order;
7.1.2
suspend or cancel future deliveries;
7.1.3
terminate any other contract between us and you; and/or
7.1.4
exercise any other rights or remedies available to us under applicable law.
8.1
Any delivery dates or times provided by us are estimates only. We will make reasonable efforts to meet the estimated delivery date but cannot guarantee delivery by a particular date unless we have expressly agreed otherwise in writing.
We will not be responsible for delays caused by circumstances beyond our reasonable control.
8.2
Products will be delivered to the address provided by you and accepted by us.
You are responsible for checking that your delivery address is correct. We may charge you for additional costs resulting from an incomplete or incorrect delivery address.
8.3
If you unreasonably refuse or fail to accept delivery, we may:
8.3.1
require immediate payment for the product;
8.3.2
arrange storage of the product at your cost and risk; and/or
8.3.3
recover any additional costs reasonably incurred as a result.
8.4
Where an order is delivered in separate parts, you will only be required to pay for products that have actually been delivered where the circumstances require this.
8.5
Risk in the product will pass to you on delivery, subject to any mandatory rights you may have under applicable law.
9.1
You should inspect your product as soon as reasonably possible after delivery and notify us promptly if it is damaged, defective, materially different from its description or if any part of your order is missing.
9.2
Where permitted by applicable law, claims relating to products should be made promptly after the relevant issue becomes apparent.
9.3
If a product is damaged in transit while being delivered by us or our appointed carrier, you should notify us as soon as possible and provide photographic evidence where requested.
9.4
Where a product is defective or faulty, you should contact us as soon as reasonably possible after the defect becomes apparent.
9.5
Where we accept that a product is damaged, defective, faulty or incorrectly supplied, we may, subject to applicable law and our returns process:
9.5.1
repair the product;
9.5.2
replace the product; or
9.5.3
provide an appropriate refund.
9.6
We take reasonable steps to ensure that photographs and descriptions of watches accurately represent the products offered for sale. However, photographs may not show every minor characteristic or variation.
In particular, due to the nature of pre-owned watches, there may be minor differences between photographs and the physical product, including differences in colour, lighting, reflections and appearance.
9.7
Unless expressly stated otherwise, pre-owned watches are supplied according to their described condition and should be assessed by reference to the photographs, description and condition information provided on the relevant listing.
9.8
Nothing in these Terms and Conditions affects your statutory rights relating to products that are faulty, misdescribed or otherwise do not comply with applicable consumer law.
9.9
A product will not normally be considered defective where the issue results from:
9.9.1
normal wear and tear;
9.9.2
accidental damage or negligence;
9.9.3
misuse or use outside the product’s intended purpose;
9.9.4
failure to follow care or maintenance instructions; or
9.9.5
damage occurring after delivery that is not attributable to us.
9.10
Where a product is returned, you should include any original packaging, documentation, accessories and other materials supplied with the product where reasonably possible.
9.11
Where you are responsible for returning a product to us, you must take reasonable care to package and transport it securely and use an appropriate and reputable carrier.
9.12
While a product is in your possession pending return, you are responsible for taking reasonable care of it.
9.13
If a product is returned damaged or materially altered from the condition in which it was supplied, we reserve the right to exercise any rights available to us under applicable law.
10.1
Where a manufacturer or supplier warranty applies to a product and we are entitled to pass that warranty to you, we will provide the relevant warranty documentation or details.
10.2
To the maximum extent permitted by law, our total liability arising from any particular product will not exceed the amount you paid for that product.
10.3
To the maximum extent permitted by law, we will not be liable for indirect or consequential losses, including loss of income, revenue, profits, business, contracts, goodwill, data or anticipated savings.
10.4
Nothing in these Terms and Conditions excludes or limits our liability for:
10.4.1
death or personal injury caused by our negligence;
10.4.2
fraud or fraudulent misrepresentation; or
10.4.3
any liability which cannot legally be excluded or limited.
10.5
Nothing in these Terms and Conditions limits or excludes any rights or remedies that cannot legally be limited or excluded under the laws applicable to you.
11.1
Ownership of a product will pass to you once we have received payment in full for that product and any other amounts due to us in connection with the purchase.
11.2
Until payment has been received in full, the product remains our property.
11.3
Where payment has not been received in full and we are legally entitled to do so, we reserve the right to recover or repossess the product.
12.1
You agree to indemnify Watch Shuffle, its officers, employees and agents against reasonable liabilities, claims and costs arising directly from our following specific instructions supplied by you where those instructions result in an infringement of a third party’s intellectual property or other proprietary rights.
12.2
Except where expressly stated otherwise, and to the maximum extent permitted by law, Watch Shuffle will not be responsible for claims that a product infringes a third party’s proprietary rights where the relevant infringement was not caused by us.
13.1
Where any licence, permit or consent is required for the importation, transportation or use of a product in your country, you are responsible for obtaining it and providing evidence of it where reasonably requested.
13.2
Products may be subject to export controls and other applicable laws in the country where you receive or use them. You are responsible for complying with those requirements.
13.3
For international orders, you may be responsible for customs duties, import taxes, VAT, clearance charges and other local charges imposed by the destination country.
Watch Shuffle has no control over these charges and you should check with the relevant customs authority before placing an international order if you are unsure what charges may apply.
14.1
Any formal notice relating to these Terms and Conditions should be provided in writing by post or email using the latest contact details notified by either party.
14.2
Unless otherwise agreed in writing, notices to Watch Shuffle should be addressed to:
Watch Shuffle Ltd
J O Hunter House, 409 Bradford Road, Huddersfield, West Yorkshire, England, HD2 2RB
Email: hello@watchshuffle.com
14.3
Notices sent by email will be treated as received when acknowledged by the recipient, when delivery is confirmed electronically, or 48 hours after transmission provided the sender has not received notification that delivery failed.
15.1
You may not transfer or assign your rights or obligations under these Terms and Conditions without our prior written consent.
15.2
We will not be responsible for any failure or delay in performing our obligations where that failure or delay results from circumstances outside our reasonable control.
These circumstances may include, without limitation, natural disasters, war, civil unrest, government action, fire, flooding, strikes, industrial disputes, power failures, transport disruption, supplier failures or other events beyond our reasonable control.
15.3
These Terms and Conditions constitute the agreement between you and Watch Shuffle in relation to the purchase of the relevant products and replace any previous agreement or understanding relating to that purchase, whether written or verbal.
15.4
A failure or delay by us in exercising any right under these Terms and Conditions will not constitute a waiver of that right.
15.5
Any waiver must be confirmed by us in writing. A waiver of one breach will not constitute a waiver of any subsequent breach.
15.6
If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be treated as removed to the extent necessary, while the remaining provisions will continue in effect.
16.1
These Terms and Conditions and any contract between you and Watch Shuffle will be governed by English law.
16.2
Subject to any mandatory consumer rights applicable in your country of residence, the English courts will have exclusive jurisdiction over any dispute arising from these Terms and Conditions or your purchase from Watch Shuffle.
16.3
Nothing in this clause affects any mandatory legal rights you may have under the laws of your country of residence which cannot legally be excluded by contract.
WATCH SHUFFLE LTD
Company number: 14074692
Registered office: J O Hunter House, 409 Bradford Road, Huddersfield, West Yorkshire, England, HD2 2RB
Website: watchshuffle.com