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Sell Your Watch Online Terms & Conditions

Introduction

This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch.

These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us. Please note that by selling us your watch, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.

If you refuse to accept these terms and conditions, you will not be able to sell your watch to us via our website.

These terms and conditions should be read in conjunction with our “Privacy Policy” and “Terms & Conditions of Website Use”.

1. Interpretation

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

Our website, the website: the website at the domain https://www.ramsdensjewellery.co.uk

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

We, us, our: Ramsdens Financial Limited trading as Ramsdens, registered in England & Wales, registration number: 3045495.

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

You, your: the person or other entity that wishes to sell an item either to us or through us.

b. Clause headings shall not affect the interpretation of these terms and conditions.

c. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2. Our contract with you

a. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make and condition, by entering details on the “Sell Your Watch” page on our website.

b. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.

c. You will then receive an e-mail with an initial valuation.

d. Any valuations are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.

e. If you are happy with the initial valuation, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below.

f. We will notify you if the watch you send to us is found to be counterfeit. A Royal Mail Special Delivery service charge of £20.00 will be charged to you if you would like the item returning to you.

g. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.

h. If you wish to proceed with a sale and accept our final valuation, we will arrange to pay you the agreed sum by bank transfer (see “Payment” below). The contract between us will only be formed when you have accepted the final price quoted and the sum has been paid. We will then send you an e-mail confirming when payment has been made, the sum paid and the payment method.

3. Price and Payment

a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling.

b. We will make payment to the bank account advised by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.

c. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 5 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.

d. Payment to a nominated third party will generally be unacceptable.

e. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, you must refund us the full purchase price paid within 7 days of receipt of notice from us. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.

f. The price quoted excludes import duty or other taxes, fees and charges.

g. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

h. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.

4. Delivery

You will deliver the items:

a. to our premises at FAO: Watch Department, Ramsdens Financial Limited, PO BOX 211, Middlesbrough, TS8 8AU and

b. during our normal business hours or as instructed by us.

c. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise.

d. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.

e. Once you have accepted our initial valuation for your item, you will be sent an e-mail confirmation of this. All items posted to us should be accompanied by this e-mail. If your item is not accompanied by this e-mail, there could be a delay in processing your item on arrival at the Delivery Location.

f. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging and insurance costs of returning the items to you unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special Delivery™ service to addresses in the UK.)

g. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location.

h. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 2 working days.

Risk and title

i. Your watch will be our responsibility from the time of delivery to the Delivery Location.

ii. Ownership of the watch will pass from you to us when the contract is concluded between us as described above under “Our Contract With You”.

5. The items

You will ensure that the items will:

a. correspond with their description;

b. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and

c. be free from defects in design, material and workmanship.

d. In some instances a non-manufacturer strap may be fitted to a watch.

6. Your undertakings

You confirm that:

Information supplied by you

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

b. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;

Title

c. the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:

i. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;

ii. the watch is not subject to an undisclosed finance agreement; and

iii. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;

Condition

d. there are no undisclosed physical defects with the watch;

e. the watch has not been an insurance “write-off” or subject to substantial remedial repairs;

f. the watch has not been altered or tampered with;

Authenticity and provenance

g. you accept that every element in the description of the watch, including its make and model, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and

h. the serial numbers and documentation are original, genuine and accurate.

You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.

7. Remedies

a. If the items do not comply with clause 5 (The Items) and the undertakings set out in clause 6 (Your Undertakings), then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:

b. to terminate the contract;

c. to reject the items (in whole or in part) and return them to you at your own risk and expense;

d. to require you to provide a full refund of the price of the rejected items (if paid);

e. to recover from you any costs incurred by us in obtaining substitute items from a third party; and

f. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.

g. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.

8. Lien

Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.

9. Proof of identity

a. If the value of your watch is up to £7,500 and/or you have conducted 6 transactions (within a 12 month period), it will be necessary for you to produce the original of one document from each of the following two categories:

Proof of identity

i. Current valid passport

ii. Current driving licence

iii. Other (e.g. Council letter, Council tax letter, DVLA letter etc.)

Proof of address (dated within last 3 months)

iv. Recent utility bill

v. Council tax bill

vi. Bank statement

10 Loss or damage

a. If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.

b. We will transfer the full settlement sum due to you within 30 days of notification by us to you of the loss or damage.

11. Privacy

Please review our Privacy Policy, which also governs your visit to RamsdensJewellery.co.uk, to understand our practices.

12. Our liability

a. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions.

b. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you sold an item either to or through us.

c. Our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant).

d. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).

13. Entire agreement

a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

14. Conflict with other agreements

This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.

15. No partnership or agency

Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.

16. Events outside of our control

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (not involving Ramsdens employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

17. Communications between us

a. When we refer, in these terms and conditions, to "in writing", this will include e-mail.

b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail to watches@ramsdensfinancial.co.uk or by pre-paid post to FAO: Watch Department, Ramsdens Financial Limited, PO BOX 211, Middlesbrough, TS8 8AU. We will confirm receipt of this by contacting you in writing, normally by e-mail.

18. Waiver

a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

b. A waiver by us of any default will not constitute a waiver of any subsequent default.

c. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19. Severability

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

21. Third party rights

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

22. Our right to vary these terms and conditions

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

b. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you agree to proceed with a sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).

23. Governing low and jurisdiction

a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

c. Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, you are giving up your right to have a trial by jury; and you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.

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