Onaro Ltd (“We/Our/Us)
Terms and conditions of sale
1. These terms
1.1 Welcome and what these terms cover. These are the terms and conditions on which we sell our watches and handbags to you via our website (https://onaro.co.uk/), via social media, our showroom and on the phone.
1.2 Why you should read them. Please read these terms carefully before you buy a watch from us. These terms tell you who we are, how we will provide watches to you, how both of us may change or end the agreement between us, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. Please note in particular the provisions of clause 10 of these terms which sets out details of our liability to you.
1.3 Changes to these terms. We may change these terms from time to time. These terms were last updated on 24/03/2024.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying one of our watches from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Please note: these terms apply only to consumers and we do not supply our watches to businesses.
1.5 Buying from us face to face and use of Our Site. By using Our Site, creating an account, buying a watch from us and tracking sales history, you agree to these terms and you confirm as follows:
- You are over the age of 18;
- You have read, understand and agree to these terms;
- You are a UK consumer; and
- You have authority to enter into these terms.
In addition, please also note that additional terms apply when you purchase one of our watches. These include our terms of use which can be found at [https://onaro.co.uk/pages/terms-conditions], our returns policy which can be found [https://onaro.co.uk/pages/returns-policy], our warranty cover which can be found at [insert link] and our privacy and data protection which can be found at [https://onaro.co.uk/pages/privacy-policy], and our cookies policy which can be found at: [https://onaro.co.uk/pages/privacy-policy]. In addition, if you buy one of our watches with the benefit of finance, additional terms will apply which we will advise you of at the relevant time.
If you do not wish to be bound by these terms and the above policies, you will not be permitted to purchase a watch from us. If you have accessed Our Site, please navigate away from it and you may not create an account and/ you may not buy a watch from us.
2. Information about us and how to contact us
2.1 Who we are. We are ONARO LTD, a company registered in England and Wales with company number 13281152, whose registered office is at 64 Knightsbridge, London, SW1X 7JF
2.2 How to contact us. You can contact us by telephoning our customer service team on 0203 6678889 or email us on hello@onaro.co.uk How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you have provided to us.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our agreement with you and our order process
3.1 Placing an order/ making an enquiry. You can place an order to buy a watch with us by visiting one our showrooms or contacting us on either 0203 6678889 - hello@onaro.co.uk
3.2 Order Confirmation for online and phone purchases. If you purchase your watch on line or over the phone, we will send you an order confirmation via email to confirm whether we have accepted your order. If accepted, the order confirmation will include the estimated arrival date for your watch, deposit paid (if applicable), together with any other relevant information.
3.3 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the watch. This might be because the watch is no longer available or there is an issue or fault with it, there is a problem with your payment details or because we have identified an error in the price or description of the watch.
3.4 Where we sell our watches. We supply watches within the UK Mainland and, subject to our agreement, we may supply our watches to other countries. Where we agree to supply our watches outside of the United Kingdom, the terms of purchase may vary (for example, delivery costs, taxes and duties will be different and added to the cost of the order) and please note that we do not offer any warranty protection in respect of goods sold outside the UK Mainland.
4. Our watches and handbags
4.1 Watches or handbags may vary slightly from their pictures on Our Site. The images of the watches on Our Site or other marketing literature (Materials) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour(s) of the watches or handbags. Therefore, your watch may vary slightly from those images.
4.2 You agree to co-operate and help us. We may also ask you to provide us with additional information to enable us to complete your sale. We also reserve the right to undertake credit and other searches including identity checks. We will ask you to provide us with evidence of your identity.
5. Changes
5.1 Your right to make changes. If you wish to make a change to the watch you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the watch, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Our rights to make changes. We may change any watch: to reflect changes in relevant laws and regulatory requirements.
6. Price and paying for your watch
6.1 Prices of our watches. The prices of our watches are displayed on Our Site and in our showroom. The prices stated include VAT (unless otherwise stated). Delivery is in addition and will be notified at the time of order.
6.2 We will pass on changes in the rate of VAT and duties. If the rate of VAT changes between your order date and the date we supply the watch we will adjust the rate of VAT that you pay, unless you have already paid for the watch in full before the change in the rate of VAT takes effect. We will also pass on any duties to you.
6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the watches we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the watch’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the watch’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If you do not want to go ahead with your order in these circumstances, we will refund the sums you have paid as soon as possible, normally within 10 business days.
7. Paying for your watch and delivery/ collection
7.1 Methods of payment. We accept various methods of payment including cash, visa credit card, Mastercard credit card, debit card, bank transfers and payments via finance.
7.2 Deposits At our discretion, we may require a deposit from you to secure your order. The deposit will normally range between £500 to £1,000 but we reserve the right to ask for a higher deposit, particularly if you are intending to purchase a high value watch.
7.3 Delivery/ collection. We will arrange a suitable time with you to deliver or, for you to collect your watch. It is your responsibility to ensure that the delivery address is correct.
7.4 When we will provide your watch. We will aim to deliver your watch to you as soon as reasonably possible. We will send your watch to you via courier. Time for delivery shall not be of the essence.
7.5 We are not responsible for delays outside our control. If the supply of your watch is delayed by an event outside our control, we will contact you as soon as we are able to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any watch you have paid for but not received.
7.6 When you become responsible for your watch. The watch will be your responsibility from the time you collect or it is delivered to the address you have given us.
7.7 When you own the watch. You will own your chosen watch once we have received payment in full, in cleared funds.
7.8 Payment in full before delivery. We will not deliver your watch unless we have received full payment beforehand, in full and in cleared funds. It is your responsibility to ensure that your payment information is accurate and up to date. Please note that title to the watch will not pass to you until we have received payment in full in cleared funds. See below if you have purchased your watch using finance.
7.9 Payment via finance. If you have purchased your watch via finance and, if there are any issues with the finance at a later date, you will be required to make payment in full.
8. Types of watches we sell
8.1 Range and availability of stock. We offer a range of watches on Our Site, in our showroom and via social media, both new and pre-owned. Some of the watches we sell may not have their original papers and/or box. This will be indicated before you proceed with your purchase. Please note that all of the watches we sell go through a number of checks which include being authenticated.
8.2 Quality of the watches. A pre-owned watch will not be in the same condition as a new watch and will not necessarily meet the performance standards of a new watch (for example, in relation to timekeeping, water resistance and so on). We do not warrant that pre-owned watches will perform and keep time as a new watch would, nor do we warrant that a pre-owned watch will be in the same state and condition.
8.3 Age of watches. Any age of manufacture stated by Us is an estimate only and not warranted or guaranteed by Us.
8.4 Straps and parts. Some of the parts and straps may not be original. In addition the strap may not be identical replacement strap. If it is important to you that the strap is original, please contact us before placing your order.
8.5 Water resistance. We do not guarantee that the watches we sell are water resistant unless specially indicated by us. Some of the watches we sell may only be water resistant to certain depths or may no longer be water resistant due to age. Please contact us before placing your order if you have a query regarding water resistance.
8.6 Alternative watches. If we are unable to supply your chosen watch after we have accepted your order, we will try and offer you a suitable alternative. If this is not possible (or you do not wish to proceed with the alternative), we will end the agreement and give you a refund, normally within 10 working days.
8.7 Warranty. We offer a 12 month warranty on our watches unless indicated otherwise. Details of our warranty can be found at [https://onaro.co.uk/pages/terms-conditions]. Please note: the warranty terms will only be effective provided you strictly comply with the terms of the warranty.
9. Cancelling your order, returns and changing your mind
9.1 Cancelling your order and changing your mind.
(a) If you wish to cancel your order, please let us know as soon as possible by contacting us at [hello@onaro.co.uk]. If your order has not been processed and dispatched, we will let you know via email and refund you the cost of the watch any postage you have paid. If you cancel within 48 hours of delivery, we may charge you our wasted costs as a result of the cancellation.
(b) If your watch has been delivered to you, and provided you have ordered your watch on the phone, via Our Site or social media without visiting our showroom (i.e., not face to face), you have the right to change your mind and return the watch to us within fourteen days; this is known as the cooling off period. The cooling off period begins on the date you received the watch. If you wish to exercise the right to change your mind, please refer to our returns policy at [insert link] for further details.
Please note: if you have ordered your watch face to face in our showroom the cooling off period does not apply but this does not affect your statutory rights.
9.2 How to tell us about problems. If you have any questions or issues with your watch, please contact us on [hello@onaro.co.uk].
9.3 Faulty, defective or misdescribed watches. In the unlikely event that your watch is faulty, defective or misdescribed, you can return them to us. Please see below for further details on returns.
9.4 Returns. Full details of our returns policy can be found at: [https://onaro.co.uk/pages/returns-policy]. Our returns policy explains in more detail when and how you can return the watch to us. Please note that our returns policy does not affect your statutory rights.
10. Our responsibility for loss or damage suffered by you as a consumer
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our agreement with you but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement between us was made, both of us knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the watch, including the right to receive a product from us which is: as described and match information we provided to you; of satisfactory quality, taking into account its age; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply watches to you as a consumer for domestic and private use and therefore, we are not liable for business losses.
11. Other important terms
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this if our agreement with you has not been performed in full. If you are unhappy with the transfer, you may contact us to end our agreement with you within 0 working days.
11.2 You cannot transfer your rights under our agreement to someone else.
11.3 Nobody else has any rights under the provisions of our agreement with you.
11.4 Delays beyond our control. We will not be responsible for events beyond our control. This is known as force majeure. A force majeure event may include but is not limited to natural disaster, terrorist attack, failure of or interruption to utilities, strikes, governmental regulations or restrictions, epidemic or pandemic. If we are delayed or prevented from performing our obligations for a force majeure reason we will contact you as soon as possible. If the event of force majeure continues for more than 4 weeks, you will have the right to end the agreement and you may also be entitled to a full refund, depending upon the circumstances.
11.5 If a court finds part of our agreement with you illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6 Even if we delay in enforcing our agreement with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking our agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.7 Which laws apply to our agreement and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and either one of us can only bring legal proceedings in respect of the watch and our agreement relating to it, only in the English courts.
Warranty Cover:
1. Information about us and how to contact us
1.1 Who we are. We are ONARO LTD, a company registered in England and Wales with company number 13281152, whose registered office is at 64 Knightsbridge, London, SW1X 7JF.
1.2 How to contact us. You can contact us by telephoning our customer service team on 0203 6678889 or email us on hello@onaro.co.uk
1.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you have provided to us.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Your legal rights- an overview
2.1 When you buy products or services from a business, in law you have a number of rights as a consumer. Our warranty cover does not affect your statutory rights.
2.2 Please note that we only sell our watches to consumers.
Our Warranty Cover
3. Introduction.
3.1 We want to ensure that you get the most out of your watch . We will provide you with 12 month warranty cover from the date of delivery or collection (as the case may be), subject to the terms set out in this warranty document.
3.2 Please read this warranty document carefully to ensure that you do not act or fail to act in such a way that may invalidate your warranty cover.
3.3 All warranty claims are subject to our acceptance and Please note, our warranty is not transferrable.
3.4 If you sell or give the watch away to someone else or move it to another location, the warranty will be invalid.
4. Qualifying for warranty protection. In order to qualify for warranty protection, you must satisfy all of the following conditions:-
- You must have used and serviced and/or cared for the watch in accordance with the manufacturer’s instructions and our recommendations, including but not limited to servicing at the appropriate intervals;
- You must have retained the original papers and authentication documentation for the watch (if provided at the time of purchase);
- The fault must not have occurred as a result of customising and/or adapting the watch;
- You must have gained our approval in writing to take your watch to a third party for repairs and/or servicing;
- You must notify us that you want to make a warranty claim within 14 business days of becoming aware of a problem that may be covered under the terms of this warranty.
5. Exclusions.
5.1 If you do not comply with the above conditions, you will not qualify for warranty protection. In addition, you will not qualify for warranty protection if any of the following apply:-
- You have not used, repaired and/or serviced and/or cared for the watch in accordance with the manufacturer’s instructions and our recommendations;
- You have tampered with the watch;
- You have immersed in water and/or worn it/ used it in inappropriate conditions (including but not limited to extremes of weather);
- The watch has not been customised and/or adapted without our prior knowledge and agreement;
- You have used/installed parts on the watch which are not suitable for the make and model of watch you have purchased from us;
- You not retained the original papers and authentication documentation for the watch (if provided at the time of purchase);
- The watch is damaged and/ or is defective due to negligence or deliberate act;
5.2 What we will be responsible for. Subject to acceptance of your warranty claim, we will only repair and/or replace the parts which are covered by our warranty. We will not be responsible for any other losses and liabilities you may suffer or incur.
6. What is covered and what is not covered.
6.1 General points to note:
- We will not cover any normal wear and tear to the watch;
- We will not cover any water ingress in circumstances where the watch is not water resistant or it has been immersed in water to a depth not advised by us or the manufacturer;
7. What to do if you want to make a warranty claim. Please contact us within 14 business days of becoming aware that you may need to make a claim under this warranty. We can be contacted via Hello@onaro.co.uk or 0203 6678889
8. What happens next. Once in receipt of your claim we may request that you send us your watch for assessment and inspection. We will write to you via email within 7 business days to advise you whether your warranty claim has been accepted and what the next steps are.
Terms and conditions of purchase and agency terms
1. These terms
1.1 Welcome and what these terms cover. These are the terms and conditions on which we buy watches from you via our website (https://onaro.co.uk/), our showroom and on the phone.
1.2 Why you should read them. Please read these terms carefully before you sell a watch to us. These terms tell you who we are, how we will buy watches from you, how both of us may change or end the agreement between us, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. Please note in particular the provisions of clause 5 of these terms which sets out details of our liability to you.
1.3 Changes to these terms. We may change these terms from time to time. These terms were last updated on 24/03/2024.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are selling a watch to us in a personal capacity (i.e., not in the course of a business or trade).
Please note: these terms apply only to consumers and we do not buy watches from other businesses.
1.5 Selling your watch to us and use of Our Site. By using Our Site, selling a watch to us or engaging us an agent to sell your watch, you agree to these terms and you confirm as follows:
- You are over the age of 18;
- You have read, understand and agree to these terms;
- You are the legal owner of the watch you are selling and no other party has a claim on it;
- There is no finance or other outstanding borrowing on the watch;
- The watch has not been reported lost or stolen and is not the subject of an insurance or other third party claim;
- You are a UK consumer; and
- You have authority to enter into these terms.
In addition, please also note that additional terms may apply. Please refer to our terms of use which can be found at [https://onaro.co.uk/pages/terms-conditions] (for use of and interaction with our Our Site), our returns policy which can be found at: [insert link] (if you buy a watch from us), our warranty cover which can be found at [https://onaro.co.uk/pages/terms-conditions] (if you buy a watch from us) and our privacy and data protection which can be found at [https://onaro.co.uk/pages/privacy-policy] (which sets out how we process and store your personal data, together with your rights as data subjects), and our cookies policy which can be found at: [https://onaro.co.uk/pages/privacy-policy] (which sets out which cookies we use and the purpose of those cookies when you use and interact with Our Site).
If you do not wish to be bound by these terms and the above policies, you will not be permitted to sell a watch to us and we shall not be obliged to buy a watch from you.
2. Information about us and how to contact us
(a) Who we are. We are ONARO LTD, a company registered in England and Wales with company number 13281152, whose registered office is at 64 Knightsbridge, London, SW1X 7JF
(b) How to contact us. You can contact us by telephoning our customer service team on 0203 6678889 or email us on hello@onaro.co.uk How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you have provided to us.
2.1 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our agreement with you for the sale of your watch to us
3.1 Initial steps. If you would like to sell your watch to us, you will need to provide us with the make, model, age, condition and existence of manufacturers’ box and papers by clicking the “Sell Your Watch” page on Our Site. Alternatively, you can contact us by telephone on 0203 6678889 or visit our showroom. You are responsible for ensuring all the information you provide to us is accurate and complete. We are entitled to rely upon the information you supply to us and we will not be held responsible for any losses or liabilities in the event that the information you have provided is incomplete and/or inaccurate.
3.2 What happens next. Once you have provided the information set out above, if we are interested in purchasing your watch we will provide you with an initial quotation. Please note that this is an indicative valuation only “subject to contract”, and will not be legally binding upon us. In other words, we reserve the right to withdraw the initial quotation at any time, without liability to you. Unless we otherwise agree, the initial quotation will be available for acceptance for a maximum of 7 days, entirely at our discretion. If you are interested in selling your watch to us based on our initial quotation, you should then arrange for your watch to be delivered to our showroom at 64 Knightsbridge, London, SW1X 7JF
Please note: you should ensure that you use a reliable courier/ post service and properly pack your watch. You should also ensure that it is insured during transit for its full replacement value. We will not be responsible for any watches that fail to arrive at our showroom. If you bring your watch into our showroom, you will be obliged to produce two forms of identification, including a passport or driving licence.
3.3 If you decide to send your watch to us for us to further assess whether we want to buy it, you confirm the matters set out at clause 1.5 are still true and accurate and, you warranty and undertake to us as follows:
- There are no undisclosed or ‘hidden’ defects in or to the watch;
- The make, model and serial number of the watch is true and accurate;
- The watch is not a fake or counterfeit;
- All components of the watch are genuine and are not counterfeit;
- The waterproof seal (if applicable) has not been broken or tampered with;
- The watch is your property and you are able to sell it to us, free from any charge, lien, burden or adverse claim, hire purchase or finance arrangement;
- Any papers, packaging or box is authentic and belongs with your watch;
- The watch has not been the subject of an insurance claim and/or substantial repairs;
- The watch is not (and has not been), an insurance write off;
- You have paid all charges, taxes and duties due on the watch; and
- There are no facts and/or circumstances which if disclosed to us, would affect our decision to purchase your watch, or agree to act as your agent (if applicable).
Please note that you will remain responsible for your watch even though its in our possession, until such time as we may agree to purchase your watch.
3.5 You agree to co-operate and help us. We may also ask you to provide us with additional information to enable us to complete the purchase of your watch. We also reserve the right to undertake credit and other searches, including identity checks.
3.6 Valuation following inspection and testing. Once we have carried out all of our checks we will let you know whether we still wish to purchase your watch and if so, whether we are prepared to pay the original amount stated in our indicative valuation or not. If we no longer want to purchase your watch then we will arrange for it to be returned to you, unless we are legally prevented from doing so. If we do wish to proceed with the purchase your watch, we will let you know the amount we are prepared to pay for it. This might be the same as the initial quotation or, it may be lower or higher, depending upon the outcomes of our inspection and checks (Final Valuation). If you wish to accept our Final Valuation then please contact us to let us know via email. Once you have accepted the Final Valuation, then a legally binding agreement will come into place between us and you and you will then be obliged to sell your watch to us at the price stipulated in the Final Valuation.
3.7 Repairs and servicing. We may require you to pay for certain repairs, servicing and polishing before we are able to sell your watch on. If applicable, you will be required to pay such costs in full. We will inform you of such costs in advance.
3.8 Payment of the price stipulated in the Final Valuation. Once you have confirmed you would like to proceed, a binding contract will then come into existence between us. We will pay you the price stipulated in the Final Valuation, less any costs of repairs, servicing, transport, courier charges, polishing and our commission to your nominated bank account (such account must be in your name), normally within 14 working days. Time for payment is not of the essence.
3.9 Pricing errors. It is always possible that despite best efforts we provide you with an incorrect initial quotation or Final Valuation. If for any reason we have made a mistake, we will rectify it as soon as possible. If the error was obvious and unmistakable and could reasonably been recognised by you as mispricing, we do not have to buy the watch from you at the incorrect price, notwithstanding your acceptance of any Final Valuation. We do not accept any liability whatsoever or howsoever for accidental mistakes and/or errors.
3.10 If we subsequently discover the information you have provided is untrue, incomplete and/or inaccurate. If we discover that any of the warranties and undertakings at clause 1.5 and/or clause 3.3, are untrue, incomplete and/or inaccurate, we have the right (without prejudice to any other rights or remedies we may have) to: (a) rescind our agreement with you; (b) to terminate our agreement with you; (c ) to require you to provide a full refund of the monies we have paid to you; and/or (d) to claim damages (which you shall paid on demand) for any other costs, expenses, losses, damages, liabilities suffered or incurred by us. We may enforce any of the above remedies at any point, to the maximum extent permitted by law
For the avoidance of doubt, our right to rescind means that we are entitled to have all of our money back that we have paid to you and in turn, return your watch to you without any further liability on our part.
4. Once you have sold your watch to us
4.1 We may sell your old watch on. Once we have purchased your old watch and paid for it in full, it will become our property and we may deal with it as we wish which may including selling it on to a third party. You will have no right to request your watch back or otherwise change your mind.
4.2 Part exchanges. You may decide to purchase a watch from us and sell your watch to us by way of part exchange. The sale of your watch to us and the purchase of a new watch will be two separate agreements with us, governed by these terms and conditions in respect of the sale of your watch to us and our terms of sale in respect of the sale of a watch to you. Our terms of sale can be viewed at [insert link]. If any of these terms or our term of sale are breached, we may cancel both agreements without any liability to you.
5. Our agreement with you for the sale of your watch acting as your agent
5.1 How it works. Rather than buying your watch from you, we may agree to sell it on your behalf and in such circumstances, we will act as your agent.
5.2 Next steps. If we agree to act as your agent, the provision set out in clauses 3.1 to clause 3.7 shall apply, save that we shall act as your agent. We shall be entitled to sell your watch and reach a contractually binding agreement for the sale of it on our standard terms of sale without further reference to you during the agreed sale period and at a price not lower than the Final Valuation (as defined in clause 3.6). If your watch does not sell during the agreed sale period, we shall arrange for it to be returned to you and you shall be liable to pay us (on demand) for all costs and expenses associated with the return of the watch to you, together with any other costs and expenses we have suffered or incurred by reason of acting as your agent.
Please note: during the agreed sale period, you remain responsible for your watch, even though it may be in our possession. You agree to insure it for its full replacement value.
5.3 What happens if we sell your watch within the agreed sale period. If we sell your watch, you will not be entitled to change your mind and ask for the watch back. As referred to above, by agreeing to us acting as your agent, we are able to commit you to a legally binding agreement for the sale of your watch to a third party. Once the sale of your watch has been completed, we will transfer the sale proceeds to you (less our fees, costs and commission) within 14 days, to your nominated bank account (such account must be in your name). Time for payment shall not be of the essence.
5.4 Our responsibilities to you as an agent. If we act as your agent, we will use our reasonable care and skill to secure a sale of your watch.
6. Our responsibility for loss or damage suffered by you as a consumer
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our agreement with you but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement between us was made.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the watch, including the right to receive a product from us which is: as described and match information we provided to you; of satisfactory quality, taking into account its age; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
6.3 We are not liable for business losses. We only buy and sell watches from/to consumers for private use and therefore, we are not liable for business losses.
7. Other important terms
7.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this if our agreement with you has not been performed in full. If you are unhappy with the transfer, you may contact us to end our agreement with you within 7 working days.
7.2 You cannot transfer your rights under our agreement to someone else.
7.3 Nobody else has any rights under the provisions of our agreement with you.
7.4 Delays beyond our control. We will not be responsible for events beyond our control. This is known as force majeure. A force majeure event may include but is not limited to natural disaster, terrorist attack, failure of or interruption to utilities, strikes, governmental regulations or restrictions, epidemic or pandemic. If we are delayed or prevented from performing our obligations for a force majeure reason we will contact you as soon as possible. If the event of force majeure continues for more than 4 weeks, you will have the right to end the agreement and you may also be entitled to a full refund, depending upon the circumstances.
7.5 If a court finds part of our agreement with you illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.6 Even if we delay in enforcing our agreement with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking our agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7.7 Which laws apply to our agreement and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and either one of us can only bring legal proceedings in respect of the watch and our agreement relating to it, only in the English courts.
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