Terms and Conditions
These terms and conditions will apply to any contract between us for any work that either we carry out for you or we instruct to be carried out on your behalf. By requesting a quotation, you agree to these terms and conditions.
These terms and conditions should be read in conjunction with any other terms and conditions referred to in this document.
Clause 8 below includes important limitations of our liability for work carried out by us and third parties. If you do not accept this clause, please either arrange your own insurance accordingly or do not send your watch to us.
The following definitions and rules of interpretation apply in these terms and conditions:
Refurbishment: a valet service of your watch to clean and restore shine.
Service: the servicing and/or repair of your watch, which may involve without limitation an overhaul of the movement, the addition or substitution of parts or other work.
Time Services warranty: the warranty provided when Time Services originally carries out chargeable work on your watch.
Watch: the watch (or any part of it) that is the subject of the quotation and (if proceeded) the work.
Watchfinder warranty: the warranty provided by Watchfinder on the original sale of your watch to you.
We, us, our: Watchfinder.co.uk Limited t/as Time Services/Watchfinder (registered in England and Wales with company number 04524723).
Website: the website at the domain www.timeservices.co.uk and/or the website at the domain www.watchfinder.co.uk.
Work: servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or other work as applicable.
You, your: the person or other entity that instructs us to carry out work on the watch.
- Clause headings shall not affect the interpretation of these terms and conditions.
- A reference to writing or written includes e-mail.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
WHAT TO EXPECT
- We will assess your watch on receipt to determine the scope of work required, unless your instructions are limited (for example, to add/remove links or to replace a battery only, in which case we will not carry out a full diagnostic investigation unless requested).
- We may need to dismantle your watch in order to determine the scope of work required, which you consent to by providing us with your watch (unless your watch is covered by a manufacturer warranty, in which case we will arrange for your watch to be sent to the manufacturer unopened unless you instruct otherwise).
- Once we have determined the scope of work required, we will provide you with a written quotation. No work will be started until you have accepted our quotation and given us permission to start work (see clause 8 regarding your right to cancel), either orally or in writing. If you choose not to proceed with the work, we will charge you for return postage (please see ‘Price and Payment’ below).
- Any quotation that we give either before receipt of your watch or before we have had an opportunity to carry out a full assessment of your watch, though given in good faith, is an estimate only. We may need to alter our quotation once we have carried out a full inspection.
- Although we carefully assess your watch on receipt to determine the scope and cost of work required, we reserve the right to charge for any unforeseeable work, additional parts or increase in the cost of parts. If this is necessary, we will notify you as soon as possible to obtain your consent.
- If you choose for your watch to be returned to you before completion of the work, we reserve the right to charge for work completed until the date you notify us of the same. In this event, your watch will not be accompanied by our warranty and may be returned to you dismantled and/or non-water resistant. See clause 8 regarding your right to cancel.
- We reserve the right (though are under no obligation) to refuse to carry out (or arrange to be carried out) any work on your watch for any reason (for example, because we feel that the work requested would prove detrimental to the character of the watch). We will inform you accordingly and provide you with a full refund if you have paid us in advance.
- All refurbishments must be accompanied by our service; we do not offer refurbishments as a standalone service. We will use reasonable care and skill in refurbishing your watch, which extends to all visible metal parts (including metal straps and cases) and may include plexi glass, but it may not be possible to remove some scratches, dents or marks. Unfortunately, we cannot refurbish gold-plated watches, crystal glass or sapphire glass. We will need to inspect white gold watches to determine whether or not we can offer a refurbishment.
- If you are selling your watch on a commission basis and we believe that work is required, then we will send your watch to the relevant manufacturer in order to determine the scope and cost of the work. In exceptional circumstances, if the manufacturer cannot complete any or all of the work requested by us, we may complete the work in-house subject to your approval. Please see ‘External Work’ below.
- Where in our opinion your watch requires replacement parts, we will fit only genuine and exact replacement parts whenever possible. If we are unable to do this, we will obtain your consent to use non-genuine parts before proceeding, in accordance with BHI guidelines.
- If work carried out on your watch involves the replacement of components and you request the return of the original components to you, we will use reasonable endeavours to comply with your request though are under no obligation to do so. In particular, we have no control over third parties including manufacturers to ensure such requests are met. Many manufacturers will only supply parts on an exchange basis.
- If at any time we need to take your instructions/obtain your consent under these terms and conditions, we may do so either orally or in writing, though we reserve the right to request that you confirm your instruction in writing before we proceed.
- Without prejudice to clause 4.5, we will carry out all work with reasonable care and skill.
TIME FOR COMPLETION OF WORK
- We usually cannot give an estimated date for completion of the work given our reliance on third parties and a world-wide shortage of watchmakers, but we shall use reasonable endeavors to meet any anticipated completion date where given. All dates quoted for completion of the work are estimates only and you acknowledge that a reasonable time for completion of the work may extend to several months for factors outside of our reasonable control, for example where manufacturer involvement is necessary (including without limitation in the sourcing of genuine and non-genuine parts).
- Some jurisdictions do not allow a complete exclusion for delay, so the clause above may not apply to you, provided always that we will not be responsible for any loss of profit, or any indirect or consequential loss where the delay stems from causes beyond our control, including without limitation a delay caused by a manufacturer.
- If we are unable to carry out work on your watch in our workshop (for example, because your watch is still covered by its original manufacturer warranty or because we cannot source the essential parts required for your watch), we may need to outsource your watch to a manufacturer.
- If we need to send your watch to a manufacturer, this is likely to increase the cost (unless completed under warranty) and time for completion of the work. We will only send your watch to a manufacturer with your consent.
- We will provide you with a copy of the manufacturer’s quotation as soon as possible after receipt by us for your approval, either orally or in writing. You acknowledge that we act as an intermediary only and that we have no control over their quotation and any additional charges incurred.
- If you do not accept the manufacturer quotation and choose not to proceed with the work, an administrative charge may be applied by them. We will seek to warn you in advance where possible of potential administrative charges, but in any event you agree to reimburse us any such charges.
- While we will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in the third parties we instruct to carry out work on your watch on your behalf and to comply with your requirements, you accept and agree that we give no warranty as to the suitability of any third party for any work.
- Without prejudice to clause 8.a, we do not accept any liability whatsoever in relation to the work carried out by manufacturers.
- You may benefit from a warranty provided by the manufacturer. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. We do not guarantee the work carried out by third parties.
- If you are a consumer, a manufacturer’s warranty is in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service – 03454 040506.
PRICE AND PAYMENT
- The price you pay depends on the work that either we or a third party agree to carry out on your behalf.
- A servicing quotation is available on request. The standard cost of a refurbishment is £90 inclusive of VAT, unless advised differently. Please contact a member of our team in relation to any other work.
- Where you wish to use our commission service, the details and estimated costs of any work required will be added to your online account for your approval. Where you authorise work, whether orally or in writing, you will be charged the agreed price, regardless of whether or not the watch is subsequently sold. Please also see our ‘Sell Your Watch’ terms and conditions.
- If you have a valid claim against our warranty (whether a Watchfinder warranty or a Time Services warranty), then we will carry out the work free of charge, subject to our ‘Time Services Warranty’ clause below.
- The price quoted to you is in Pounds Sterling unless advised differently. You will be responsible for the exchange rate and you are advised that any refunds may be affected by such exchange rate. Payments must be made in pounds sterling and any refunds will only be issued in Pounds Sterling.
- The price quoted includes VAT (or similar sales tax) at a rate of 20% (or other prevailing rate). However, if the rate of VAT changes between the date of the quotation and the date of delivery or performance, we will adjust the rate of VAT that you pay for work to be carried out by us, unless you have already paid for the work in full before the change in the rate of VAT takes effect.
- The price for the work excludes delivery costs (between us and you and between us and the manufacturer if applicable), which will be added to the total amount due (please see ‘Delivery’ below).
- If we receive a watch for work that is quoted but not proceeded, then a return postage cost of £12.00 will apply if you are based in the UK (unless the decision not to proceed with the work is ours, in which case no return postage charge will apply). If you are based outside of the UK, a courier will be selected at our discretion and postage and insurance costs will be payable by you.
- All fees due to us must be paid by you before we can arrange to return your watch to you. 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.
- We reserve the right (without prejudice to our other rights and remedies) to sell any uncollected or unpaid watches 12 months after the completion date to recover the outstanding money owed to us. We will notify you of the same at least one month before we seek to exercise this right. We will deduct money outstanding to us and our administrative charges in exercising this right from the sums achieved, and seek to return any balance to you (provided you give us your current bank details).
TIME SERVICES WARRANTY
- Any chargeable work (excluding without limitation work carried out under our Watchfinder warranty) which involves a full service including a complete overhaul of the movement will entitle you to a 24-month Time Services warranty, protecting your watch against defects arising from our work. Any minor repairs will only be guaranteed to the extent of the exact work carried out.
- Your warranty is valid from the date of completion of the work. Any work carried out under our warranty (whether a Watchfinder warranty or a Time Services warranty) will not extend the warranty period.
- Your warranty will be registered to your current postal address. To ensure your warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, e-mail address and telephone number.
- Our warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions). In particular, components not fitted by us, battery replacements, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our warranty.
- Your warranty will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent.
- In the event of a claim against your warranty, we will seek to repair your watch free of charge (excluding any parts necessary). You will need to notify us of your claim as soon as reasonably possibly after your discovery of a problem with your watch, and in any event no later than 2 weeks after you first notice the problem. We will seek to complete the work within a reasonable period of time, but you acknowledge that a reasonable period of time may extend to several months when unavoidably caused by factors beyond our reasonable control, particularly given our reliance on third parties and the worldwide shortage of watchmakers. Please see clause 3 above.
- As stated above, we do not provide a warranty where the work is completed by a manufacturer.
- We have the final decision on all claims against our warranty. If any dispute arises in connection with the warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our warranty, where such recommendations conflict with our advice.
- You must comply with our delivery instructions (see ‘Delivery’ below).
- Your warranty is personal to you and is non-transferable, though may be transferred with our written consent. The warranty is in addition to your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- If you wish to make a claim against your warranty, please contact a member of our servicing team by calling +44(0)844 247 8884 (press 4 for servicing) or e-mailing email@example.com.
- You must send your watch to Time Services, Third Floor, Ascot House, 22-24 Albion Place, Maidstone, Kent, ME14 5DZ unless advised differently. Postage, packaging and insurance will be your responsibility and at your cost (we recommend you follow our instructions, including by using a tracked mail system and retaining proof of postage). Please ensure that you pack your watch appropriately to prevent damage during transit.
- If you are based within the UK, we will return your watch to you once the work is completed by Royal Mail’s Special Delivery™ and postage will be at your cost (£12.00 unless advised differently). If you are based outside of the UK, a courier will be selected at our discretion and postage and insurance costs will be payable by you.
- If you are based in the UK and have a valid claim against your warranty, we will provide you with a pre-paid envelope to return your watch to us and we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement and/or link addition or removal only, which in any event is not covered under warranty). We will charge for postage, packaging, insurance and all other taxes, fees and charges applied by customs incurred for work carried out under warranty if you are based outside of the UK. In all cases, you remain responsible for ensuring that you pack your watch appropriately to prevent damage during transit.
- Delivery of the watch will be completed when we deliver the watch to the address you gave us or you collect the watch from us (we require ID for collections). Please note that if you arrange for your own courier to collect your watch or choose another postal method, delivery will be completed when the watch is collected from our offices.
- Please see clause 8 below in relation to our maximum liability. We recommend that you check your household insurance policy to ensure that your watch is covered whilst it is with us and whilst in transit back to you, or arrange an appropriate extension to your policy.
- Risk in the watch will pass to you on completion of delivery.
- If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations (if based outside the EU, ordinarily you should mark the watch as a ‘return for repair’). You must comply with all laws and regulations of your country. 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.
YOUR RIGHT TO CANCEL
- You have a right to cancel this contract without giving any reason. The period will expire 14 days from the day after you agree our quotation to carry out the service or 14 days after your watch is returned following a service where we have also supplied parts. When you agree to our quotation we will also ask your permission to start work during the cancellation period – see clauses 9(d) & 9(e) below
- To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team (firstname.lastname@example.org). You can call 01622 621388, fax 01622 919979 or write to us at Watchfinder, Invicta House, Pudding Lane, Maidstone, ME14 5DZ. You can use the model cancellation form if you wish
- To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
- If we are carrying out a service without supplying any parts, and you have given us permission to start work on your watch during the cancellation period, you will pay us an amount which is in proportion to the work that we have completed up to when you communicated us your cancellation from this contract, in comparison with the full price of the contract. If we have completed the work you will lose the right to cancel this contract. In the event that you are due any reimbursement we will refund you within 14 days from when you informed us of your wish to cancel. 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
If we are carrying out a service which includes supplying parts, and you have given us permission to start work on your watch during the cancellation period, you will pay us an amount which is in proportion to the work that we have completed up to when you communicated us your cancellation from this contract, in comparison with the full price of the contract. If we have completed the work you will have to pay our full labour costs. With regard to any parts that we have supplied:
- We may make a reduction in any reimbursement for the price of the parts to take account of any loss in value due to them being fitted into your watch
- It will be your responsibility to remove the parts from your watch, if we have returned it to you, and return them to us at your cost
- You shall send the parts 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 parts before the period of 14 days has expired
- Provided that you comply with the terms of this clause 9, you will be reimbursed within 14 days of the date we receive the returned parts or from when we receive proof that you have sent the parts back to us, whichever is the earliest. 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
- Advice about your legal rights is available from the Citizens’ Advice Consumer Service – 03454 040506. Nothing in our Terms will affect your legal rights.
Nothing in these terms and conditions shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the clause 8.a, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information; or
- any indirect or consequential loss.
arising under or in connection with work carried out under these terms.
- Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential loss, so the above exclusion at clause 8.b.vii 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 instructed us to proceed the work. 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.
- In the event that we lose or damage your watch, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of your watch if we have been negligent.
Without prejudice to clauses set out above, we shall not be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with:
- a failure by you to reclaim or pay for your watch within 12 months of the date of completion of the work;
- any sentimental or other non-commercial value stated by you to attach to your watch;
- the mechanical workings of your watch, either whilst the watch is in our possession or after work has been completed on your watch, unless you instruct us to carry out a full service of your watch which includes a complete overhaul of the movement;
- components not replaced by us;
- any refusal by a manufacturer or other parties to carry out work under warranty or otherwise as a result of work carried out by or on behalf of us (including without limitation due to the addition of non-genuine parts with your consent);
- work carried out by us or others where you have been warned by us that such work may damage your watch, where you have nevertheless provided your consent for the work to be carried out;
- the instruction by us to a third party for work to be carried out on your watch on your behalf; or
- anything that was not caused by our breach of these terms.
- Subject to clause 8.a, our total liability to you in respect of all other losses arising under or in connection with work carried out on your watch, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £1,000 or the market value of your watch as estimated by us (whichever is lower).
- 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, 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 and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- These terms and conditions and all other documents referred to in these terms and conditions constitute 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.
- Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these terms and conditions.
THIRD PARTY RIGHTS
EVENTS OUTSIDE OF OUR CONTROL
NO PARTNERSHIP OR AGENCY
COMMUNICATIONS BETWEEN US
- 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 or by pre-paid post to email@example.com or Invicta House, Pudding Lane, Maidstone, Kent, ME14 1NX. We will confirm receipt in writing, usually by e-mail for expediency.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you proceeded your work with us, 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).
- No other variation of these terms and conditions shall be effective unless it is in writing signed by the parties (or their authorised representatives).
GOVERNING LAW AND JURISDICTION
- These terms and conditions 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.
- 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).
If any court or competent authority decides that any of the provisions 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.
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.
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 (whether or not involving our employees), or acts of local or central government or other competent authorities. This does not affect your legal rights.
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.
‘Time Services’ and ‘Watchfinder’ are trading names of Watchfinder.co.uk Limited, whose registered office is at 37 St. Margarets Street, Canterbury, Kent CT1 2TU, registered in England & Wales under company registration number 04524723. Our main trading address is Invicta House, Pudding Lane, Maidstone, Kent ME14 1NX. Our VAT number is 787562376.
If you are a consumer, nothing in these terms and conditions will affect your legal rights.