TERMS & CONDITIONS
1. Information About Us
1.1 www.thatwatch.co.uk (“Website”) is provided to you by That Watch Ltd, trading as “That Watch” (“us”, “we” or “our”).
1.2 Our registered office is Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom and our registered company number is 12066329.
1.3 You can contact us by email at email@example.com
2. Terms Of Purchase
2.2 These Terms of Purchase apply to any Contract (as defined below) for the sale of Products to you. Please read these Terms of Purchase carefully and make sure that you understand them before ordering any Products from us. Note that before placing an Order (defined below), you will be asked to agree to these Terms of Purchase.
2.3 We advise that you print a copy of these Terms of Purchase or save them to your computer for future reference.
2.4 These Terms of Purchase are only available in the English language.
3. Placing Orders
3.1 You may place orders for Products in accordance with these Terms of Purchase if: a) you possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment) and b) are located, at the time of your purchase, in the United Kingdom, Channel Islands and Isle of Man and/or such other territories as are listed on our Website from time to time as a delivery address (“Approved Delivery Location”).
3.2 You may place an order for Products (an “Order”) via our Website.
3.3 When placing an Order, please ensure you provide complete and accurate information. Information we may require includes your: title, first name, surname, phone number, email address, and delivery and invoicing addresses. It is your responsibility to ensure that the Order is correct and accurately reflects your selection. If an Order is not correct in any way, you must notify us immediately by contacting our customer services team by email at firstname.lastname@example.org
3.4 After you place an Order, if you have provided us with your email address, you will receive an email acknowledging that we have received your Order. However, this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 3.5 below. On receiving your Order, we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
3.5 We will communicate acceptance of your Order by sending you an email (“Confirmation”). A contract between us (“Contract”) will only be formed when we give you a Confirmation.
3.6 If you place an Order and we discover that the Product is out of stock or no longer available prior to giving you a Confirmation, we will inform you of this by email and, where a Product is temporarily out of stock, ask if you wish to proceed with your purchase. If you do wish to proceed with your Order, we will not be under any obligation to supply the Product until we know we can supply it and we have given you a Confirmation.
3.7 If you place an Order for multiple Products and some of those Products are unavailable, we may process the Order in respect of the available Products.
3.8 If you discover that you have made a mistake with your Order after we have given you a Confirmation, please contact us immediately by email at email@example.com. Note that we are generally unable to rectify mistakes after details of your Order have been sent to our warehouse, although you may still have the right to cancel as described below.
4. Price, Payment And Advance Purchase
4.1 Prices for our Products may change from time to time but changes will not affect any Order you have already placed. We reserve the right to promote the same or similar products with varying offers depending on the advertising route and/or time.
4.2 All prices include any applicable VAT or other sales tax. Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK.
4.3 The price of a Product does not include delivery charges. These are stated in our Customer Service Terms and shall be made available to you during the check-out process when you place an Order via our Website.
4.4 Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Website site may be incorrectly priced. If we discover an error in connection with the price of the Products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order in respect of that Product. We will not process your Order in respect of that Product until we have received your instructions. If we are unable to contact you using the most up to date contact details that we have for you, we will treat the relevant part of the Order as cancelled and notify you by email at the address provided to us, by telephone or post. Note that if the pricing error is obvious, unmistakable or could reasonably have been recognised by you as a mispricing, we shall not be obliged to provide the relevant Products to you at the incorrect (lower) price.
4.5 Our Website sets out the method of payments that we are able to accept.
4.6 Products that are the subject of an Order will not be dispatched until payment for all of the Products that are the subject of that Order has been received in full by us. If we have only taken pre-authorisation for payment of an Order on accepting that Order, we will process that payment before we deliver the Products to you.
4.7 Payment for all Products must be paid in Pound Sterling or such other currency as stated on our Website from time to time.
5.1 We only deliver Products to an Approved Delivery Location (see clauses 3.1). If you require Products to be delivered elsewhere, please contact our customer service team who will try to find you an alternative stockist or otherwise make a note of your request.
5.2 We will arrange for delivery of the Products using our chosen delivery partner. We aim to deliver Products to you as soon as we can but we cannot guarantee delivery on or by a specific date. We will ensure that you are contacted with an estimated delivery date (“Estimated Delivery Date”).
5.3 We may deliver Products in several consignments but will not charge you any extra delivery charges for this.
5.4 Risk of any damage to or loss of the Products shall pass to you at the time of delivery.
Ownership of Products that are the subject of an Order will only pass to you when we receive full payment of all sums due in respect of that Order, including delivery charges (if applicable).
5.5 If we have not delivered the Products that are the subject of a Contract within 60 days of the Estimated Delivery Date, you may: a) either cancel the relevant Contract and we will refund you any money that you have already paid in respect of the cancelled Products; or b) specify a new deadline for delivery provided that it is appropriate in the circumstances (and if we fail to meet the revised delivery date (where appropriate), you can cancel your Contract and we will refund you any money that you have already paid in respect of the cancelled Products.
5.6 If you choose to cancel your Contract for late delivery pursuant to clause 5.5, you may do so for some or all of the Products that are the subject of the relevant Contract provided that the splitting up of those Products does not materially reduce their value or unfairly prejudice us.
5.7 If you choose to cancel your Contract for late delivery pursuant to clause 5.5 but Products that are the subject of the cancelled Contract have already been delivered to you, you must promptly return them to us in accordance with our Returns Policy, and we will arrange the return to us at our own cost or, if we let you know that is not possible, we shall pay for the costs of the return provided they are not unreasonable. No refunds for delivered Products shall be made until we have received the relevant Products.
6.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the Products. Your Products may vary slightly from those images.
6.2 The packaging of the Products may vary from that shown on the images on our Website.
6.3 If we are making the Product to any measurements that you have given us, you are responsible for ensuring that these measurements are complete and correct. You can find information and tips on how to measure on our Website or by contacting us.
6.4 Any Products purchased must not be resold or made available for resale on a commercial basis.
7. Right To Cancel For Convenience
7.1 In addition to your other legal rights, if you place your Order from the UK, Channel Islands or Isle of Man, you have (subject to certain exceptions) the right to cancel your Contract for convenience in respect of one or more Products if you change your mind about those Products and to get your money back in accordance with the terms set out below (“Right to Cancel”).
7.2 Your Right to Cancel (if you are so entitled) starts from the date of the Confirmation relating to the Contract and ends 14 days after the date on which you have received all of the Products that are the subject of the relevant Contract.
7.3 Unfortunately, you do not have a Right to Cancel: a) in respect of any Products that have been made to your specification or are clearly personalised, such as where the Products are tailor-made or you have requested that they contain your name or initials or b) if you placed your Order from outside the UK, Channel Islands or Isle of Man.
7.4 If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the cancellation period referred to in clause 7.1 above. Notification should be given by email to: firstname.lastname@example.org and completed as written here.
To: That Watch Ltd, trading as That Watch
I hereby give notice that I cancel my contract of sale of the following Products:
[insert name of Products to be returned]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
7.5 If you exercise your Right to Cancel, you must return the Products to us in accordance with our Return Policy (see further below) as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling part or all of the Contract.
7.6 If you exercise your Right to Cancel in accordance with this clause 7, we will refund you the payments received from you in respect of the cancelled Products. We will provide you with a return postage label at our cost. If you choose to return the item using your own method of delivery, That Watch Ltd WILL NOT refund this cost. We may make a deduction from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you. If you only cancel part of a Contract, we shall only be obliged to refund to you a proportionate part of the standard outbound delivery charges.
7.7 Except where Products supplied to you are faulty or not as described, you are responsible for the costs of returning the Products, unless we have notified you that we offer a returns service.
7.8 Any refunds payable by us to you shall be paid to you using the same method used to pay and within 14 days of the earlier of the date that we receive the relevant Products back from you.
7.9 If you exercise your Right to Cancel in accordance with this clause 7 prior to the Products being dispatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the Contract.
8. Faulty Goods
8.1 We are under a legal obligation to supply Products in conformity with the Contract.
8.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of cancellation for convenience or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.3 If a Product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see clause 9 below).
9. Return Policy
9.1 You may only return Products in accordance with your Right to Cancel (see clause 7) or if we have supplied you Products in breach of your legal rights or in accordance with clause 5.5 if we have failed to deliver.
9.2 Unless we tell you otherwise, if you wish to return Products to us, please ensure that you:
(a) contact us in advance by email at email@example.com to tell us that you wish to return the Product so that we know to expect it;
(b) obtain a returns postage label from us. Note that we will not be able to process return Products without a corresponding returns label;
(c) place the returns label clearly on the outside of the packaging of the Product to be returned;
(d) include a copy of the invoice with the returned Product;
(e) retain proof of posting; and
(f) follow any other reasonable instructions given by us.
If you don’t comply with this Return Policy such that we don’t receive back the Products in a timely manner, it may not be possible for us to process any refund due.
9.3 We will not be able to accept any Products that have been returned in breach of clause 9.1. If we are unable to accept a returned Product, we will contact you using the most up to date contact details provided to us. If we are unable to accept a returned Product, we will, at your request, return the Product to you at your cost or make it available for collection.
10. Limitation Of Liability
10.1 We only supply goods for domestic and private use. Accordingly, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses or any indirect, special, incidental or consequential loss that you may incur as a consequence of our failure to comply with the Contract.
10.2 Nothing in these Terms of Purchase is intended to exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude or to attempt to exclude or liability.
11. Events Beyond Our Reasonable Control
11.1 We will not be responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
11.2 If any act or omission outside of our reasonable control takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Terms of Purchase will be suspended and the time for performance will be extended for the duration of the event outside its reasonable control.
12. Transfer Of Rights And Obligations
12.1 The Contract between you and us is binding of you and us and our respective successors and assigns.
12.2 You may not transfer, assign or otherwise dispose of any part or all of this Contract.
12.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of this Contract at any time.
13.1 If we fail, at any time to insist on strict performance of any of your obligations under our Contract, or if we fail to exercise any of our rights or remedies, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Terms of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. Our Right To Vary These Terms Of Purchase
We have the right to amend these Terms of Purchase from time to time. However, each Contract will be subject to the Terms of Purchase that were in force at the time of your Order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these Terms of Purchase before we give you a Confirmation.
15. Applicable Law And Jurisdiction
These Terms of Purchase shall be governed by and construed in accordance with English Law and, subject to clause 16, you agree to submit to the exclusive jurisdiction of the English courts.
16.1 If you have a complaint relating to these Terms of Purchase, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, you may make a request to us for the dispute to be settled by mediation through The Retail Ombudsman. If you do so, we shall consider whether or not we wish to use The Retail Ombudsman to try to resolve the dispute but we are not obliged by law to do so.
16.2 If we agree to submit a dispute to The Retail Ombudsman, we shall notify you and you may (i) complete the online form on the Retail Ombudsman website (https://www.theretailombudsman.org.uk/dashboard/create-claim.php) or (ii) post your complaint using a paper form (https://www.theretailombudsman.org.uk/assets/documents/retail-ombudsman-complaint-form.pdf) to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road, London NW1 3DP.
16.3 Further information on the Retail Ombudsman can be found at: http://www.tradingstandards.uk/templates/asset-relay.cfm?frmAssetFileID=77012