TERMS OF USE
TERMS AND CONDITIONS RELATING TO THE use of the SALE OF PARTS AND SUPPLY OF WATCH REPAIR SERVICES SECTION OF THE citizen watch website AND the SALE OF WATCH PARTS AND SUPPLY OF WATCH REPAIR SERVICES TO CONSUMERS AND BUSINESS CUSTOMERS
section A: introduction and preliminary terms
1.1 Welcome to the sale of parts and watch repair services section of the Citizen Watch UK website located at service.citizenwatchservice.co.uk ("Site"), which is owned and operated by Citizen Watch United Kingdom Limited ('we', 'the Company', 'Citizen Watch', 'our' or 'us', as applicable). On the Site, we sell watch parts (excluding batteries) and watch repair services. For further information about us and our contact details, please see the Contact information at the end of this page. Calls to our telephone number(s) are charged at the basic rate. Call charges may vary depending on your network so please check with your network operator if you are unsure.
1.2 These terms and conditions govern the sale of watch parts (excluding batteries) available on this Site ("Products") and watch repair services available on this Site ("Services") to consumers and our existing business customers as well as the use of the Site. If you are a consumer or an existing business customer of Citizen Watch, you will be able to purchase Products and Services through the Site.
1.3 These terms and conditions ("Terms") are organised into three sections. Those in Section B apply specifically to transactions for the purchase of Products or Services. Those in this Section A and in Section C apply to all Site users, whether for transactions or to those just visiting ("Visitors").
1.4 You will see that each section of these Terms begins with a 'highlight' text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
1.5 We refer to our Consumer Returns Policy in these Terms. If you are a consumer, this forms part of our agreement with you so please take the time to read it.
1.6 Please read these Terms and (if you are a consumer), the Consumer Returns Policy carefully before you start to use the Site, as these will apply to your use of the Site and the Products and Services you order and purchase from the Site. We recommend that you print or save a copy of these Terms for future reference.
1.7 By using our Site, you confirm that you accept these Terms and that you agree to comply with them.
1.8 Every time you wish to order Products and/or Services from this Site, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page.
1.9 We may revise these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information, please see [ Changes to these Terms].
1.10 If you have any queries or concerns regarding these Terms, please contact us at [email protected].
2 Accessing and using the Site
2.1 Anyone can access this Site using their web browser and internet connection. However, if you want to purchase Products and/or Services, you will need to sign up and create an account. For that purpose, you must be 18 years of age or older and resident within the United Kingdom if you are a consumer or be one of our registered business customers (in which case you will have been issued with a Citizen Account Number) if you are a business. To create an account, please go to [account registration].
2.2 We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
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3.1 You can sign up and create your account on the [ account registration] page . If you are an existing business customer who wants to set up an account, you will need to provide your Citizen Account Number.
3.2 You must make sure that all the information you provide when you register with the Site is true, accurate, current and complete.
3.4 To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at [email protected]
3.5 If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the Site. If we suspend or terminate your access under account, and you try to access the Site via another account, we may suspend or terminate your access to that other account too.
3.6 You can close your account at any time as long as you do not have any outstanding orders.
3.7 We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than 36 consecutive months.
section B1: e-commerce - SALE OF product S
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4.1 Any images of Products on the Site are for illustrative purposes only. We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on the Site.
4.3 All Products shown on the Site are subject to availability.
5 Terms of sale : for consumers
5.1 This paragraph 5 only applies if you are a consumer.
5.2 If you are a consumer, you may only purchase Products from the Site if you are at least 18 years old and resident within the United Kingdom.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 Terms of sale: for business customers
6.1 This paragraph 6 only applies if you are a business or are acting in the course of a business.
6.2 You confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
6.3 These Terms are the only terms and conditions that apply to the sale of Products on the Site. If you are a business customer and you have signed our selective distribution terms and/or any of the documents referred to within them ("SDTs"), the SDTs do not apply to the sale of the Products on the Site.
7 How a Contract for the sale of Products is formed between you and us
7.1 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products ('Contract') is made between us in relation to your order:
7.1.1 After choosing the Product(s) you wish to purchase and signing into your account, you place your order for your Product by pressing the ['Pay Now'] button at the end of the check-out process and submitting your payment details to us (if you are a consumer or you are a business customer but have not opened a credit facility with us or have done so but do not have sufficient unused credit in your account) or applying the available credit to your order (if you are a business customer and you have opened a credit facility with us and have sufficient credit).
7.1.2 Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process.
7.1.3 You will be asked to click to confirm that you accept our Terms. If you do not wish to be bound by what you read you should not place any orders through the Site.
7.1.4 Once you have submitted your order details, you will see an on-screen acknowledgement thanking you for your order. In order to view the order, you must click on My Account/My Web Orders. If you are a consumer or if you are a business customer that has paid for the Products using our third party oayment processor, you will receive a receipt for your payment from our third party payment processor and an acknowledgement of your order by email from us. If you are a business customer that has not used our third party payment processor to pay for the Products, you will simply receive an acknowledgment of your order from us. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 7.1.5.
7.1.5 We will confirm our acceptance of your order to you by sending you an email that confirms that the Products have been dispatched (' Dispatch Confirmation'), unless, prior to dispatch, we notify you that we do not accept your order (see paragraph 7.2 below). A Contract between us will only be formed when we send you the Dispatch Confirmation. We keep a record of the orders that you place with us in the My Account/My Web Orders area, which you can view by logging-in to your account.
8.1 We may be unable to supply you with a Product, for example, in any of the following circumstances:
8.1.1 the Product is not available and we have not agreed with you to send a substitute (where this is possible);
8.1.2 we cannot obtain authorisation for your payment;
8.1.3 we discover an error in the Product description for a Product that you have ordered; or
8.1.4 we discover a pricing error for a product that you have ordered. Please see further the section headed Price of Products and delivery charges.
8.2 If we are unable to supply you with a Product, we will inform you of this using your contact details and we will not process your order and you will not receive a Dispatch Confirmation. If you have already paid for the Products and we do not make alternative arrangements with you, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
9.1 If you are a consumer, please see our Consumer Returns Policy for the terms and conditions relating to the cancellation of orders and return of faulty, mis-described and non-faulty products that you order from the Site.
9.2 If you are a business, returns are not accepted without our prior approval.
10.1 If you provide us with incorrect personal and/or delivery details, this may lead to problems or delays in delivery, so before placing your order, please ensure that you have included full and accurate delivery address details, including an accurate postcode of the delivery address, your daytime contact telephone number(s) and an up to date e-mail address so that we can notify you in the event of a delivery problem. If you are not going to be at the delivery address to accept delivery and you wish the products to be left at the address, please notify us before delivery in writing (post, email or fax) or, if you think it is safe to do so, leave a signed note on your door to this effect.
10.2 All our deliveries are made to the kerb side only. Where Products are required to be signed for, these must be signed for by an adult aged 18 years or over.
10.3 If you are a consumer, we will endeavour to dispatch your order within two working days, unless prevented by circumstances beyond our reasonable control. If we are unable to dispatch within this timeframe because of such circumstances, we will contact you with a revised estimate of the date of dispatch. Any times or dates stated on the Site or in emails regarding delivery are estimates only. If you are a consumer, we endeavour to dispatch all Products within two working days and in any event to deliver the Products within 30 days from the date of order, unless otherwise agreed with you. If you are a business customer, we will aim to dispatch your Products within 21 working days if the Products are in stock and available. If the Products are not in stock and available, it will take longer for them to be delivered.
10.4 We will deliver the Products to the address you give us. Delivery will be completed once the Product has arrived at the address specified provided that the Product has been signed for or a signed for note has been left to say that the Product can be left without signature.
10.5 The Products will be your responsibility from the time they have been received by you, your agent or the intended recipient or once they have been left at the delivery address if a signed note has been left indicating that the delivery can be left unattended. Any loss or damage to the Products after this point will be at your own risk.
10.7 If a delivery is refused at the delivery address and re-requested for another date, we will charge for re-delivery (see further the section headed "Missed or failed delivery"). If you refuse to accept an item that is being delivered for any reason you must notify us immediately with the reason for refusal by email to [email protected].
10.8 If you are a business customer, then:
10.8.1 until ownership of the Products has passed to you in accordance with paragraph 10.6, you will be in possession of the Products but in a fiduciary capacity as our bailee and shall not sell or part with possession of them (except as permitted below) or create or allow any charge, lien or other encumbrance to arise over them. You agree to take proper care of the Products, keep them separately from all other products so that they can be readily identifiable and keep them properly insured;
10.8.2 we may repossess and resell any Products that remain our property and our consent to your possession of them and any right you might have to sell them shall automatically cease, if:
a) any payment by you to us is overdue;
b) you become unable to pay your debts as they come due;
c) insolvency, bankruptcy or similar proceedings are commenced in relation to you; or
d) a receiver is appointed in respect of all or a material part of your assets or business;
10.8.3 you will permit us and our representatives to enter your premises during normal business hours to inspect and/or repossess the Products which remain our property; and
10.9 whilst you are still in possession of the Products with our consent, you may in the ordinary course of business sell the Products.
11.1 Unfortunately, we do not deliver to addresses outside the UK.
11.2 You may only place an order for Products from within the UK.
12.1 If you are not at home when the Product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
12.2 If you do not re-arrange delivery. If a delivery fails because you did not make appropriate arrangements for receipt or failed to notify us of any delivery restrictions, you will be responsible for the costs of redelivery. If you do not arrange redelivery with us within a reasonable time, we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and the provisions in the section [ Our right to end a Contract: for businesses and consumers and/or Our right to end a Contract: for businesses] (as applicable) will apply.
13.1 You can track your order at any time during the order process. You may also track your order online, by clicking on My Account/Web Orders on the Site.
14 Shortages or defects on delivery
14.1 Shortages should be noted on the consignment note and notified to us within 7 days of delivery by calling us on the telephone number set out on the Contact Us page. Calls to these numbers are charged at the basic rate. Call charges may vary depending on your network so please check with your network operator if you are unsure.
14.2 If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as "Damaged". You should notify us of any damage within 7 days of receipt. We may ask you to provide photographic evidence of the damage. If more than 48 hours after delivery have passed please telephone us using the telephone number set out on the Contact Us page. Call charges may vary depending on your network so please check with your network operator if you are unsure.
14.3 If there is cause for concern regarding your delivered order or you identify any other problems, such as damaged parts, on or after delivery. Please telephone us on the telephone number set out on the Contact Us page so that we can discuss these concerns and problems.
15 Price of Products and delivery charges
15.1 The prices of the Products will be as quoted on the Site from time to time. They are payable in GBP. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see paragraph 15.5 for what happens in this event.
15.2 Prices for our Products may change from time to time without written notice, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
15.3 The prices for our Products stated on the Site are exclusive of VAT but VAT will be added at the online checkout. VAT will be charged at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.4 If you are a consumer, the price of a Product does not include delivery charges. Our delivery charges are added at the online check out and you will be able to see them before placing your order. To check relevant delivery charges, please select the Products you would like to order and proceed to check out.
15.6 The Site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
15.6.1 where the Product's correct price is less than the price stated on the Site at the time you placed your order, we will charge the lower amount when dispatching the Products to you; and
15.6.2 where the Product's correct price is higher than the price stated on the Site at the time you placed your order, we do not have to provide the Products to you at the incorrect (lower) price as the Contract between us, formed when we send you the Dispatch Confirmation, will not yet have been formed. We will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
16.1 If you are a consumer, we will require you to pay for the Products via our third party payment processor. If you are a business customer and you have opened a credit facility with us, you may use any existing credit you have on your account to pay for the Products. If you have not opened a credit facility with us or you have done so but do not have sufficient credit, you will be required to pay via our third party payment processor. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
16.2 If you are a consumer or you are a business customer that is paying using our third party payment processor, payment for the Products and any delivery charges (if applicable) will be taken in advance. If you are a business customer and you have opened a credit facility with us which has sufficient credit for the transaction, payment will be applied to your account and will be payable in accordance with the usual payment cycle.
16.3 If you are a business customer and you are paying using the credit facility you have set up, you will incur a charge of 2.5% of the payment amount if you pay by credit card.
17 Our warranty for the Products
17.2 We provide a warranty that, on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in paragraph 17.4.
17.3 If you are a consumer then, in the unlikely event that you receive a defective or mis-described product or a fault develops with an item(s) you order from us within 12 months of delivery please see our Consumer Returns Policy.
17.4 The warranty in paragraph 17.1 does not apply to any defect in the Products arising from:
17.4.1 fair wear and tear;
17.4.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
17.4.3 if you fail to operate or use the Products in accordance with the user instructions;
17.4.4 where you fit the Products yourself, instead of taking the watch to a jeweller or other professional to have them fitted.
17.4.5 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
17.4.6 any specification provided by you.
17.6 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18 Our liability if you are a consumer
18.1 This paragraph 18 only applies if you are a consumer.
18.3 You agree not to use the Product(s) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
18.4 Our Products should be fitted by a jeweller or other professional. We will not be liable to you for any damage to Products or other items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract where you have fitted or attempted to fit the Products yourself.
18.5 We do not in any way exclude or limit our liability under or in connection with any Contract for:
18.5.1 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.5.2 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
18.5.3 defective products under the Consumer Protection Act 1987.
19 Our liability if you are a business customer
19.1 This paragraph 19 only applies if you are a business customer.
19.3 Subject to paragraph 19.2 and 42.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
19.3.1 any loss of profits, sales, business or revenue, whether direct or indirect;
19.3.2 any damage to the Products or any items where you have not had the Products fitted by a jeweller or other professional and have fitted or attempted to fir the Products yourself;
19.3.3 loss or corruption of data, information or software;
19.3.4 loss of business opportunity;
19.3.5 loss of anticipated savings;
19.3.6 loss of goodwill; or
19.3.7 any indirect, consequential loss, special or exemplary damages.
19.4 Subject to paragraphs 19.2, 19.3 and 42.6, our total liability to you in respect of all other losses arising under or in connection with any Contract, whether in contract. tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased under the relevant Contract.
19.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
20 Our right to end a Contract: for businesses and consumers
20.1 We may end a Contract if you break it. We may end a Contract for a Product at any time by writing to you if:
20.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, a valid delivery address; or
20.1.2 you do not, within a reasonable time, allow us to deliver the Products to you.
20.2 You must compensate us if you break a Contract. If we end a Contract in the situations set out in the last paragraph we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
21 Our right to end a Contract: for businesses
21.1 This paragraph only applies if you are a business.
21.2 In addition to the rights set out in paragraph 20 above, we may terminate a Contract on notice to you with immediate effect if:
21.2.1 you do not make any payment to us when it is due;
21.2.2 you commit a material breach of the terms of the Contract which is not capable of remedy or which the other party fails to remedy within thirty (30) days of being notified of the breach;
21.2.3 you cease or threaten to cease to carry on all or a substantial part of your business;
21.2.4 you are unable to pay your debts (as determined in accordance with the applicable legislation) or convene a meeting of creditors (whether formal or informal) or suffer or allow any execution, whether legal or equitable, to be levied on your assets or obtained against you; or you become insolvent or enter into liquidation or receivership or take or is the subject of an application for the appointment of an administrator or third party is entitled to appoint a receiver or an administrative receiver in relation to your assets or you are the subject of a resolution or petition for your winding up; or you take or suffer any similar action analogous to those described in this paragraph 21.2.4 in any jurisdiction because of debt; or
21.2.5 we have reasonable grounds for considering that any of the matters set out in paragraphs 21.2.1, 21.2.3 or 21.2.4 are about to occur;
21.2.6 at any time the ability to direct the affairs of another whether by contract, shares or otherwise ("Control") of you is acquired by any person or group of connected persons (as defined in sections 1122 and 1123 of the Corporation Tax Act 2010) not having Control of you at the date of the Contract;
21.2.7 you purport to sub-contract, assign or transfer your rights or obligations under the Contract without our prior written consent; or
21.2.8 you challenge the validity of any of our trade marks .
22 Your right to end a Contract: for consumers
22.1 This paragraph only applies if you are a consumer.
22.2 You can end a Contract with us. Your rights when you end a Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract, as follows:
22.2.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back) . Advice about your legal rights in relation to faulty or misdescribed products is available from your local Citizens' Advice Bureau or Trading Standards office.
22.2.2 If you want to end the Contract because of something we have done or have told you we are going to do, see the section headed [ Ending a Contract because of something we have done or are going to do .]
22.2.3 If you have just changed your mind about the product, see our Consumer Returns Policy . You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
22.3 Ending a Contract because of something we have done or are going to do . If you are ending a Contract for a reason set out in this paragraph below, the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
22.3.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
22.3.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
22.3.3 you have a legal right to end the Contract because of something we have done wrong.
Please see our Consumer Returns Policy for more details.
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This section sets out the main terms of purchase for our watch repair services. This section explains the contractual process for purchasing those Services, how we provide them and how we calculate the applicable charges. Our warranties and limitation of liability to you in relation to those services are also set out here. Please note that you will have different rights depending on whether you are acting as a consumer or whether you are acting in the course of a business. Please see below for an explanation of your respective rights. |
23 Terms of sale: for consumers
23.1 This paragraph 23 only applies if you are a consumer.
23.2 If you are a consumer, you may only purchase Services from the Site if you are at least 18 years old and are resident in the United Kingdom.
23.3 As a consumer, you have legal rights in relation to Services that are not performed properly. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
24 Terms of sale: for business customers
24.1 This paragraph 24 only applies if you are a business or acting in the course of a business.
24.2 If you are registered with us as a business, company or organisation you confirm that you have the authority to bind any business on whose behalf you use the Site to purchase Services.
24.3 These Terms are the only terms and conditions that apply to the sale of Services on the Site. If you are a business customer and you have signed our selective distribution terms and/or any of the documents referred to within them ("SDTs"), the SDTs do not apply to the sale of Services on the Site.
25 Making a Contract for the Services
25.1 If you are interested in purchasing Services from us, you will need to log in to your account, provide certain details about the repair(s) required and register the watch(es) that need repairing. This will generate a form which you will need to print and send to us together with the watch(es). You will be responsible for the cost of postage. Once we have inspected the watch(es), we will provide an estimate for the repair Services, describing the work required and the associated cost which will be available to view in your account.
25.2 Your order is an offer to buy from us and this will be placed only if and when you confirm that you would like us to proceed with the repair. If you decide not to go ahead with the Services, you must notify us and we will return the watch(es) to you free of charge.
25.3.1 after signing into your account and choosing the Services you wish to purchase, you place your order for your subscription by pressing the 'Pay' button at the end of the check-out process and submitting your payment details to us (if you are a consumer or you are a business customer and you have not opened a credit facility with us or have done so but there is insufficient credit) or applying the available credit to your order (if you are a business customer and you have opened a credit facility with us and have sufficient credit). Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection. You will also be asked to click to confirm that you accept our Terms. If you do not wish to be bound by what you read, you should not place any orders through the Site.
25.3.3 we will confirm our acceptance of your order to you by sending you an email that confirms that we will supply the Services ('Service Confirmation'). The Contract between us will only be formed when we send you the Service Confirmation. We keep a record of the orders that you place with us in the [My Account/My Web Orders] area, which you can view by logging in to your account.
26.1 We may be unable to supply the Services to you, for example, in any of the following circumstances:
26.1.1 we believe that the watch(es) you have sent to us are incapable of repair;
26.1.2 one or more of the parts required to repair your watch(es) (if any) become discontinued after our estimate is issued;
26.1.3 we cannot obtain authorisation for your payment; or
26.1.4 we discover a pricing error in an estimate we have provided. If, once we begin the repair, we find that an estimate needs to be revised, we will contact you to let you know and give you the option not to proceed with the repair before we continue. Please see further the section headed Price and Payment.
26.2 If we are unable to supply the Services, we will inform you of this using your contact details and unless we do not discover that we cannot supply you with the Services until after we have processed your order, we will not process your order and we will not send you a Service Confirmation. If you have already paid for the Services and we do not make alternative arrangements with you, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
27.1 If you are a consumer, please see our Consumer Returns Policy for the terms and conditions relating to the cancellation of orders and return of watches that have not been repaired properly where you have purchased Services from the Site.
27.2 If you are a business, returns are not accepted without our prior approval.
28.1 If you provide us with incorrect personal and/or delivery details, this may lead to problems or delays in delivery, so before placing your order, please ensure that you have included full and accurate delivery address details, including an accurate postcode of the delivery address, your daytime contact telephone number(s) and an up to date e-mail address so that we can notify you in the event of a delivery problem. If you are not going to be at the delivery address to accept delivery and you wish the products to be left at the address, please notify us before delivery in writing (post, email or fax) or, if you think it is safe to do so, leave a signed note on your door to this effect.
28.2 Unless prevented by circumstances beyond our reasonable control, we will aim to carry out the Services within 10 to 15 working days of the date you receive the Service Confirmation, provided that we have the parts available to carry out the Services. However, repairs of some of our brands take significantly longer and sometimes parts have to be produced by our manufacturing facility in order for us to carry out the repair. If you are a consumer and we are unable to deliver the repaired items within 90 days of the date you receive the Service Confirmation, you may cancel the Contract. Please see our Consumer Returns Policy for more details.
28.3 We will deliver the repaired watch(es) to the address you give us. Delivery will be completed when you or a person you have identified has taken physical possession of the watches.
28.4 Any watches we have repaired will be your responsibility from the time they have been received by you, your agent or the intended recipient or once they have been left at the delivery address if a signed note has been left indicating that the delivery can be left unattended. Any loss or damage to the Products after this point will be at your own risk.
28.5 If a delivery is refused at the delivery address and re-requested for another date, we may charge for re-delivery (see further the section headed "Missed or failed delivery"). If you refuse to accept an item that is being delivered for any reason you must notify us immediately with the reason for refusal by email to [email protected].
29.1 Unfortunately, we do not deliver repaired watches to addresses outside the UK.
29.2 You may only place an order for Services from within the UK.
30.1 If you are not at home when the repaired watches are delivered. If no one is available at your address to take delivery, we will leave you a note that the watch(es) have been returned to our premises, in which case, please contact us to rearrange delivery.
30.2 If you do not re-arrange delivery. If a delivery fails because you did not make appropriate arrangements for receipt or failed to notify us of any delivery restrictions, you will be responsible for the costs of redelivery. If you do not arrange redelivery with us within a reasonable time, we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and the provisions in the section [ Our right to end a Contract] will apply.
31.1 You can track your order at any time during the order process. You may also track your order online by clicking on MyAccount/Web Orders on the Site.
32 Shortages or defects on delivery
32.1 Shortages should be noted on the consignment note and notified to us within 7 days of delivery by calling us on the telephone number set out on the Contact Us page. Calls to these numbers are charged at the basic rate. Call charges may vary depending on your network so please check with your network operator if you are unsure.
32.2 If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as "Damaged". You should notify us of any damage within 7 days of receipt. We may ask you to provide photographic evidence of the damage. If more than 48 hours after delivery have passed please telephone us on the telephone number set out on the Contact Us page. Call charges may vary depending on your network so please check with your network operator if you are unsure.
32.3 If there is cause for concern regarding your delivered order or you identify any other problems, such as damaged parts, on or after delivery, you should not attempt assembly of the product. Please telephone us on the telephone number set out on the Contact Us page so that we can discuss these concerns and problems.
33.1 Your estimate will make it clear whether or not the price for the Services is inclusive or exclusive of VAT (where applicable). If the price provided in an estimate is stated to be exclusive of VAT, we will add VAT to the price. VAT will be charged at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between the date of your order and the date we carry out the Services, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect. You will find the total price of the Services you have ordered as part of the check-out process on the page that shows the Services that you have selected to buy. You will also be given an opportunity to review and amend that selection before you submit your order.
33.2 If you are a consumer, the price of the Services does not include delivery charges that we incur when returning the repaired watch(es) to you. Our delivery charges will be specified in the estimate we provide. To check relevant delivery charges, please refer to your estimate.
33.3 If you are a business customer, the repaired watches will be returned to you at no additional cost unless you specify that you would like them to be delivered to you via DPD, in which case, the relevant delivery charges will be specified in your estimate and you will be required to pay for delivery at the online checkout when you are paying for the Services.
33.4 Occasionally, once we start work on a repair, it will come to our attention that the work required is more or less significant than we had anticipated and, as a result, the estimate we provided to you needs to be increased or decreased. In this event, we will contact you with a revised estimate using your contact details. If the revised estimate is less than the price you have paid for the Services, we will refund you the difference between the original estimate and the revised estimate. If the revised estimate is more than the price you have paid for the Services, we will inform you of the difference and ask you if you would still like to go ahead with the repair and pay the additional amount. [If you would still like to go ahead, we will ask you to log into your account and pay the balance in accordance with the process outlined in paragraph 25.3.] If you no longer wish to proceed, we will cancel your order, refund you the price you have paid by the same method in which the payment was originally made and return the relevant watch(es) to you free of charge.
34.1 If you are a consumer, we will require you to pay for the Services via our third party payment processor. If you are a business customer and you have opened a credit facility with us, you may use any existing credit you have on your account to pay for the Services. If you have not opened a credit facility with us or you have done so but do not have sufficient credit, you will be required to pay via our third party payment processor. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
34.2 If you are a consumer or you are a business customer that is paying using our third party payment processor, payment for the Services and any delivery charges (if applicable) will be taken in advance. If you are a business customer and you have opened a credit facility with us which has sufficient credit for the transaction, payment will be applied to your account and will be payable in accordance with the usual payment cycle.
34.3 If you are a business customer and you are paying using the credit facility you have set up, you will incur a charge of 2.5% of the payment amount if you pay by credit card.
35.1 Some of the watches you send to us for repair may have been sold to you with a manufacturer's guarantee (if you are a consumer) or may have been sold to you (if you are a consumer) or supplied to you (if you are a business customer) by us with a minimum 12-month guarantee. If the repairs required are ordered within the relevant guarantee period and are for work covered by a guarantee, we will supply the Services at no cost to you. In this event, your estimate will be for zero.
36 Our warranty for the SERVICES
36.2 If you are a consumer then, in the unlikely event that the watch is returned to you unrepaired or a fault develops with an item(s) we have repaired within 12 months of the date on which we returned it to you, please see our Consumer Returns Policy.
36.3 The warranty in paragraph 36.1 does not apply to any defect in any repaired watches arising from:
36.3.1 fair wear and tear;
36.3.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
36.3.3 if you fail to operate or use the watches in accordance with the user instructions;
36.3.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
36.3.5 any specification provided by you.
36.4 If you are a business customer, this warranty is given to the exclusion of any other warranties or conditions whether express or implied in your favour.
36.5 If you are a consumer, this warranty is in addition to your legal rights in relation to Services we have provided which are inadequate or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
37 Our liability if you are a consumer
37.1 This paragraph 37 only applies if you are a consumer.
37.3 You agree not to use any watches we have repaired for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
37.4 We do not in any way exclude or limit our liability under or in connection with any Contract for defective products under the Consumer Protection Act 1987.
38 Our liability if you are a business customer
38.1 This paragraph 38 only applies if you are a business customer.
38.2 Subject to paragraph 42.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
38.2.1 any loss of profits, sales, business or revenue, whether direct or indirect;
38.2.2 loss or corruption of data, information or software;
38.2.3 loss of business opportunity;
38.2.4 loss of anticipated savings;
38.2.5 loss of goodwill; or
38.2.6 any indirect, consequential loss, special or exemplary damages.
38.3 Subject to paragraphs 38.2 and 42.6, our total liability to you and any business of yours in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services purchased under the relevant Contract.
38.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
39 Our right to end a Contract: for businesses and consumers
39.1 We may end a Contract if you break it. We may end a Contract for Services at any time by writing to you if:
39.1.1 you do not make any payment to us when it is due;
39.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
39.1.3 you do not, within a reasonable time, allow us to return the repaired watches to you.
39.2 You must compensate us if you break a Contract. If we end a Contract in the situations set out in the last paragraph will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
40 Our right to end a Contract: for businesses
40.1 This paragraph only applies if you are a business.
40.2 In addition to the rights set out in paragraph 39 above, we may terminate a Contract on notice to you with immediate effect if:
40.2.2 you cease or threaten to cease to carry on all or a substantial part of your business;
40.2.4 we have reasonable grounds for considering that any of the matters set out in paragraphs 40.2.1, 40.2.2 or 40.2.3 are about to occur;
40.2.5 at any time the ability to direct the affairs of another whether by contract, shares or otherwise ("Control") of you is acquired by any person or group of connected persons (as defined in sections 1122 and 1123 of the Corporation Tax Act 2010) not having Control of you at the date of the Contract;
40.2.6 you purport to sub-contract, assign or transfer your rights or obligations under the Contract without our prior written consent; or
40.2.7 you challenge the validity of any of our trade marks.
41 Your right to end a Contract: for consumers
41.1 This paragraph only applies if you are a consumer.
41.2 You can end your Contract with us. Your rights when you end a Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract, as follows:
41.2.1 If the Services we have provided fall below the required standard, you may have a legal right to end a Contract (or to have the Services re-performed or to get some or all of your money back) . Advice about your legal rights in relation to faulty or misdescribed products is available from your local Citizens' Advice Bureau or Trading Standards office.
41.2.2 If you want to end a Contract because of something we have done or have told you we are going to do, see the section headed Ending a Contract because of something we have done or are going to do .
41.2.3 If you have just changed your mind about the Services, see our Consumer Returns Policy. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any items.
41.3 Ending a Contract because of something we have done or are going to do . If you are ending a Contract for a reason set out in this paragraph below, the Contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
41.3.1 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
41.3.2 we fail to return a repaired watch to you within 90 days of the date on which you received the relevant Service Confirmation; or
41.3.3 you have a legal right to end the Contract because of something we have done wrong.
Please see our Consumer Returns Policy for more details.
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42 Promises, liability and disclaimer
42.1 The Site is provided on an "as is" basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
42.1.1 we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete; and
42.1.2 by using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, and the risks inherent in all third party links, connections and transfers via the internet.
42.2 You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
42.3 By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly:
42.3.1 we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
42.3.2 we are not responsible for any data or information uploaded by any users or Visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
42.4 We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
42.5 We will not be responsible or liable to any visitors browsing the pages of this Site for:
42.5.1 any form of indirect, consequential or special loss; or
42.5.2 any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
42.6 There are certain liabilities which we cannot exclude by law and nothing in these Terms or any Contract made under them excludes or limits our liability for the following:
42.6.1 for death or personal injury caused by our negligence;
42.6.2 fraud or fraudulent misrepresentation; or
42.6.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
42.7 If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in paragraph 42.6) is as follows:
42.7.1 to the extent that such claims relate to any Contract between us where you are a business customer, our maximum liability shall be as set out in paragraphs 19.4 and 38.3.
42.7.2 to the extent that such claims relate to any Contract between us where you are a consumer, our liability to you shall be as set out in paragraphs 18 and 37; and
42.7.3 in relation to any claims not mentioned above in this paragraph 42.7, our liability shall be limited to £100.
43 Your obligation to reimburse us in certain circumstances
43.1 You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account as a result of your negligence.
44.1 All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
44.2 Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site.
44.3 We make the Site and our content available through the Site for your personal, non-commercial use only. You may view the Site's pages and content online and may, where necessary, print individual pages of the Site on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, including any downloadable Products that you purchase from us, other than as expressly permitted under these Terms without our prior written consent.
44.4 To be clear, you are not in any circumstances permitted to:
44.4.1 make commercial use of any such content;
44.4.2 edit any such content; or
44.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
44.5 Where the Site includes content provided by users or by others, please refer to the Content Policy for further details of permitted uses.
44.6 The trade marks appearing on the Site are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder's rights.
45 General prohibitions on access and use of this Site
45.1 You may use the Site only for lawful purposes. You may not use the Site:
45.1.1 in any way that breaches any applicable local, national or international law or regulation;
45.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
45.1.3 for the purpose of harming or attempting to harm minors in any way; or
45.1.4 to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
45.2 You also agree:
45.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
45.2.2 not to access without authority, interfere with, damage or disrupt:
a) any part of the Site;
b) any equipment or network on which the Site is stored;
c) any software used in the provision of the Site; or
d) any equipment or network or software owned or used by any third party.
45.3 You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
46.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
46.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
47.1 You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
47.2 We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
47.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
47.4 If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
47.5 You may only link to the Site provided that:
47.5.1 the homepage is not loaded into frames on your website, unless we expressly agree;
47.5.2 your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
47.5.3 we reserve the right to withdraw linking permission any time without prior notice.
48 General complaints, feedback and requests for further information
48.1 If you have any general complaints or wish to request further information about the Site, please contact us via email at [email protected] or by post to CWUK Ltd, Citizen House, 7 Ashville Way, Wokingham, Berkshire, RG41 2PL and we will do our best to resolve these.
48.2 Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
49.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
50.2 Reliance on these Terms. If you are a consumer, we intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms. If you are a business, the Contract between you and us which incorporates these Terms, constitutes the entire agreement between you and us for the sale of the Products and/or Services (as applicable) and supersedes and extinguishes all previous agreements and understandings. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in these Terms.
50.4 References to 'including' and other similar expressions. In these Terms, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
50.5 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms and/or a Contract to another organisation. We will contact you to let you know if we plan to do this. If you are a consumer and you are unhappy with the transfer you may contact us to end the Contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products and/ or Services not provided.
50.6 You need our consent to transfer your rights to someone else (except that if you are a consumer, you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer, you may, if applicable, transfer any manufacturer's guarantee or any guarantee that we have provided to a person who has acquired the Product or, where we have provided Services, any item or property in respect of which we have provided the Services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a copy of the original receipt or other proof of the original purchase
50.7 Nobody else has any rights under these Terms or any Contract (except someone you pass your guarantee on to if you are a consumer). The Contract is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of the product guarantees if you are a consumer. Neither of us will need to get the agreement of any other person in order to end a Contract or make any changes to these Terms.
50.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any contract between us will be concluded in English.
50.9 Even if we delay in enforcing a Contract, 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 the Contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
50.10 Which laws apply to these Terms and any Contract between us and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products or Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products or Services in either the Northern Irish or the English courts.
51.1 We may make changes to these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. We will send you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Terms will not apply to any Contracts that we have already entered into with you before the date the modified Terms came into effect.
52.1 This Site is owned by Citizen Watch United Kingdom Limited, a company incorporated in England. The registered office address of Citizen Watch United Kingdom Limited is: Citizen House, 7 Ashville Way, Wokingham, Berkshire, RG41 2PL.
Our registered company number is 04104163 and our VAT registration number is GB757343217000. Please see the Contact Us page for more details.
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