Below outlines the legal terms and conditions that will apply to any contract between us for the sale of our Goods to you.
It is important that you read and understand these terms and conditions before you place an Order with us. If there is any term that you do not understand or do not accept, then please contact us at firstname.lastname@example.org before placing your Order.
By ordering any of our Goods, you agree to be bound by these terms and conditions.
- OUR CONTRACT WITH YOU
- Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.
- You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.
- When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted.
- If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
- All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount.
- The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Goods. Your Goods may vary slightly from those images.
- The packaging of the Goods may vary from that shown on images on the Website.
- All conditions of items are described to the best of our ability. Wear and tear is a factor on all pre-owned watches and our grading system is used as a guide only. All items will be presented in the best condition at all times and accurately stated with in the online store to the best of our ability.
- We cannot guarantee that boxes and/or other packaging supplied are authentic.
- PRICE AND PAYMENT
- The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
- Payments will be accepted as wire transfer with release of goods on confirmation of cleared funds. Or via PayPal.
- It is always possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before we dispatch the Goods so that where the Goods’ correct price is less than the price stated on our Website or in your Order, we will charge the lower amount. If the Goods’ correct price is higher than the price stated on our Website or in your Order, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing with your Order for the Goods 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 and you do not respond to our e-mail in relation to the pricing error, we will treat the Order as cancelled, notify you by e-mail and refund any sums already paid (unless we reasonably suspect a fraudulent card payment).
- You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event we must receive full and cleared funds prior to dispatch of the Goods. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the United States:
- Wire Transfer
- PayPal (additional 2.9% processing fee)
- The Order Summary page of our Website will give you a breakdown of the price of the Goods. After your order is submitted we will reach out to discuss shipping.
- SHIPPING & DELIVERY
- Complimentary Shipping. Yes, free shipping.
- Delivery dates will vary depending on the availability of the Goods, Work required and your address. Prior to accepting your Order, we will contact you with an estimated delivery date. All dates quoted by us for dispatch and delivery of the Goods, though given in good faith, are estimates only. Occasionally our delivery to you may be affected by an Event Outside Our Control. Ideally, an order shipped under normal circumstances, unaffected by events outside of our control, should reach its recipient 14-30 days after purchase.
- We cannot deliver the Goods to the following countries (the ‘Excluded Countries’): Afghanistan; Angola; Cuba; Ethiopia; Iran; Iraq; Lebanon; Liberia; Libya; Myanmar; Nicaragua; Nigeria; North Korea; Rwanda; Sierra Leone; Somalia; Sudan; Syria; Uganda; Zimbabwe; and countries comprised by the former territories of USSR or the Federal Republic of Yugoslavia and/or the Republic of Serbia. If you would like the Goods to be delivered to any of the Excluded Countries, we will use reasonable endeavors to arrange postage and insurance (at your cost) in advance of confirmation of your Order. Please contact us at email@example.com to discuss.
- A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
- We will deliver the Goods to the delivery address given in your Order given that the delivery country is not listed on our excluded countries listed in clause 3 (b).
- Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our offices (by you or your representative).
- If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
- The Goods will be your responsibility from the completion of delivery.
- You own the goods once we have received payment in full.
If you are based outside the United States, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Goods. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your Order, you should contact your local tax or customs office for further information.
- WATER RESISTANCE
- Where your Order for Goods includes a wrist watch (‘Watch’), you should be aware that water resistant Watches are not water proof. For example, Watches advertised as water resistant to 30 meters (100 feet/3 ATM) can only withstand splashes.
- All our Watches are tested prior to sale to ensure that the advertised water resistance is accurate. You acknowledge and accept that we will not replace seals and/or gaskets or other parts if the Watch passes our tests before dispatch.
- Waterproofing (or “water resistance”), are described either in meters. It is important to note that the indication of the degree of water resistance in meters is a technical norm which does not correspond to an exact depth. “Water-resistant to 10m” does not mean that the watch can be worn to this depth, rather it indicates that the watch will resist pressure equivalent to a static immersion up to 10m deep. The wearer’s movements (diving, jumping, swimming, etc.) as well as the force of the water (shower jets, river currents, waterfalls, etc.) can considerably increase the pressure.
- Where your watch is certified as Water Resistant its water-resistance is ensured by a series of seals. Before any contact with water, it is essential to ensure that the crown and pushers of your watch are pushed in or screwed down, depending on model. When your watch is under water, do not activate the push-pieces for the chronograph function, the minute-repeater or the second time zone. After swimming, make sure to rinse your water-resistant watch in fresh water so as to neutralize the potentially corrosive effects of sea-water or chlorine. The water-resistance seals of your certified Water Resistant watch undergo natural deterioration due to ageing. It is therefore recommended that you have a regular water-resistance check performed once every year if your watch is worn during sporting activities or frequently comes into contact with water, or once every two years when worn in normal conditions. Never try and open the case yourself. In the event of water or condensation appearing under the glass, take the watch as quickly as possible to an authorized maintenance center to prevent further damage.
- FAULTY GOODS
- We are under a legal duty to supply you with products that are in conformity with the contract.
- You must inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described (‘Faulty’) upon delivery or if you discover faults later.
- You must take reasonable care of the Goods and you must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
- On confirmation by us following inspection and/or testing that the Goods Were Faulty on delivery and provided you were not made aware of the relevant fault at the time of purchase of the relevant Good, you will be entitled to the following remedies:
- you may ask us to refund your payment less any reasonable deduction for loss of or damage to Paperwork if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
- you may ask us to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this impossible or imposes costs on us that are unreasonable, taking into account, among other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either a refund or repair subject;
- you may ask us to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, taking into account, among other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either refund or replacement;
- if we are unable to repair or replace the Goods after one or more attempts, you may ask us to refund your payment less: a) any reasonable deduction for wear and tear through use which will not exceed $100 (which equates to the cost of a refurbishment) if the relevant Goods (including Paperwork, links, User Manual Services papers and box as applicable) are returned after 6 months of delivery.
- To discuss a problem with your Order, please contact us at firstname.lastname@example.org.
- YOUR RIGHT TO CANCEL
- The cancellation right does not apply if the Goods have been adjusted to meet your specifications or personalized.
- To exercise the right to cancel you must inform us via e-mail at email@example.com. If you cancel your Order, we will reimburse you in full.
- We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including Paperwork, links, user manual, service papers and box as applicable). The Goods must be in their original condition.
- You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
- Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
- You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- Provided that you comply with the terms, you will be refunded in full. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
- When a credit note is issued it is valid for an unlimited time and may be used against any item that we have in stock. If for any valid reason you choose to return an item purchased with a credit note, another credit note will be issued. When selecting your purchase:If your credit note exceeds the purchase price of the stock item, no change will be given for the unused portion of the credit note. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.Where your credit note is less than the purchase price of the stock item, you must pay the outstanding payment balance. If you have a valid reason to return this item, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the stock item to be collected or shipped.
- OUR RIGHT TO CANCEL
- We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.
- If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you (unless we reasonably suspect a fraudulent card payment).
- OUR LIABILITY
- We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and 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, loss of business, business interruption, or loss of business opportunity.
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.
- Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, 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 we entered into the contract. 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.
- Our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.
- 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.
- EVENTS OUTSIDE OUR CONTROL
- We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
- An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, and shipping providers.
- FRAUDULENT PAYMENTS
If we reasonably suspect a fraudulent payment, then we will not dispatch any Goods and we will not carry out any refunds until authorized by our bank.
- ENTIRE AGREEMENT
These Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
- COMMUNICATIONS BETWEEN US
- If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to Fine Watch Bank at firstname.lastname@example.org.
- If we have to contact you or give you notice in writing, we will do so by e-mail.
- 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.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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.
- THIRD PARTY RIGHT
We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
- OUR RIGHT TO VARY THESE TRANSFER OF OUR RIGHTS AND OBLIGATIONS
- GOVERNING LAW AND JURISDICTION
- These Terms 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 the United States of America.
- The parties irrevocably agree that the courts of the United States of America shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
- Although you agree that these Terms are governed by and construed in accordance with the law of the United States of America and that the courts of the United States of America shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation.
As a consumer, nothing in these Terms will affect your legal rights.