1. Our terms
- 1.1 What these terms cover. These are the terms and conditions on which we sell and supply products to you through our website at heirloomwatch.co.uk, whether these are goods and/or services.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or cancel the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
- 2.1 Who we are. We are Michael Landor of Les Arbres Du Ciel, Les Champs Park Estate, Le Mont Cochon, St Helier, Jersey, JE2 3JT trading as ‘Heirloom Watch’ with registered business name registration number 33826.
- 2.2 How to contact us. You can contact us by telephoning us at 07829 881164 or by emailing us at [email protected]
- 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- 3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or otherwise unavailable, because of unexpected limits on our resources which we could not plan for or because we have identified an error in the price or description of the product.
- 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- 3.4 We only sell online to the UK and Channel Islands Our website is solely for the online sale of our products in and to the UK and the Channel Islands. Unfortunately, we do not accept online orders from outside the UK or the Channel Islands. If you are outside of the UK or the Channel Islands and are interested in any of our products please contact us to discuss.
4. Our products
- 4.1 Products may vary slightly from their pictures. The images of certain of the products on our website (for example the showroom watches) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, we rely on manufacturer specifications for the specifications of our products and such specifications may have a degree of tolerance.
- 4.2 Product packaging may vary. The packaging of the product may vary from that shown in any images on our website.
- 4.3 Making sure your measurements are accurate. If we are sourcing any product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8- Your rights to end the contract).
6. Our rights to make changes
- 6.1 Changes to these terms. We may change these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
- 7.1 Packaging. All orders will be dispatched in protective packaging.
- 7.2 Delivery costs. The costs of delivery is free of charge within Jersey and will be as displayed to you on our website in respect of other countries / territories.
- 7.3 When we will provide the products.
(a) If the products are goods, we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless you have agreed a longer delivery time with us).
For deliveries in Jersey, the product will be delivered by hand by one of our team or by a local courier.
For deliveries outside of Jersey, the product will be delivered by FedEx or one of FedEx’s third party providers.
(b) If the products are a service, we will begin the service on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
- 7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- 7.5 Collection by you. You may not collect the product from us unless we have expressly agreed so in advance.
- 7.6 If you are not at home when the product is delivered. The products need to be signed for. If no one is available at your address to sign and take delivery, the courier should leave you a note informing you of how to rearrange delivery or collect the products from a local depot or make other arrangements.
- 7.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot or make other arrangements we will contact you for further instructions and 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 or collection we may end the contract and 10.2 will apply.
- 7.8 When you become responsible for the goods. A product will be your responsibility from the time the product is delivered to the address you gave us.
- 7.9 When you own goods. You will own a product which is goods once we have received payment in full.
- 7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your email, telephone number and address. If so, this will be requested when you order the products on our website or when you set up an online account. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- 7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
- 7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product.
- 7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your rights to end the contract
- 8.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought or ordered from us, whether there is anything wrong with it, how we are performing and when you decide to end the contract:(a) 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 to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see se 8.2;
(c) If you have just changed your mind about the product, see use 8.3. You are able to get a refund if you are within the cooling-off period, but you will have to pay the costs of return of any goods.
- 8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about a change to the product or these terms which you do not agree to;
(b) 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;
(c)there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
- 8.3 Exercising your right to change your mind.
(a) For most products that are goods bought online you have a legal right, under the Distance Selling (Jersey) Law 2007, to change your mind and cancel the contract within 7 working days of your receipt of the goods and receive a refund (working days being all days other than Saturdays, Sundays and public holidays). Please note clauses 9.6 and 9.8 in relation to your statutory duty to take reasonable care of the products and our right to reduce your refund if you do not do so.
(b) For certain products that are services (such as sourcing goods), we may ask you to pay a non-refundable deposit (for example when we need to acquire the goods we have sourced for you). Once you have paid the non-refundable deposit you will have no right of refund of that deposit.
- 8.4 Our goodwill guarantee. Please note that these terms reflect the goodwill guarantee offered by us which is more generous than your legal rights under the Distance Selling (Jersey) Law 2007 in the way set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):
Right under the Distance Selling (Jersey) Law 2007
How our goodwill guarantee is more generous
7 working day period from the date of receipt of the goods to change your mind.
14 day period from the date of receipt of the goods to change your mind.
- 8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:(a) any products that are made to your specifications or which are otherwise personalised; or
(b) seeking a refund of any non-refundable deposit you pay us (for example where we have to acquire a particular product we have sourced for you).
9. How to end the contract with us (including cancelling it if you have changed your mind)
- 9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 07829 881164 or email us [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website at heirloomwatch.co.uk/contact.
- 9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
To arrange a return of your product to us, please contact us on 07829 881164 or email us at [email protected]
Returns from the United Kingdom will be collected by FedEx (or their third party provider) within 48 hours of you contacting us to arrange the return and someone must be at the collection address between 9.00 a.m. and 5.00 p.m. on the day of collection.
For returns from within Jersey and the other Channel Islands we will arrange the collection when you contact us.
- 9.3 When we will pay the costs of return of products to us. We will pay the costs of return of products to us:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind and cancel the contract) you must pay the costs of return of products to us.
- 9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- 9.5 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
- 9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind and cancel the contract we will deduct any of our direct costs of collection from your refund of the price. We may also reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling of the products in breach of your statutory duty described below.
- 9.7 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 30 days after the day on which you notify us that you wish to change your mind and cancel the contract.
- 9.8 Your duty to take reasonable care of the products. Please note that if you cancel the contract you will have a statutory duty under the Distance Selling (Jersey) Law 2007 to take reasonable care of the products.
10. If there is a problem with the product
- 10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 07829 881164 or email us at [email protected]
- 10.2 Your legal rights. We are under a legal duty to supply products that conform to contract. Nothing in these terms will affect your legal rights.
- 10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject any products you must either return them in person if you pre-arrange this with us, send them back to us or allow us to collect them from you. If you are legally entitled to reject the product, we will pay the costs of postage or collection. You can telephone us on 07829 881164 or email us at [email protected] to arrange a collection.
11. Price and payment
- 11.1 Where to find the price for the product. The price of the product is the price indicated on the website page when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you ordered.
- 11.2 GST / VAT. We will charge Jersey GST on the products when legally required to. UK VAT will be automatically charged on the products at the then prevailing rate on all orders from the UK.
- 11.3 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- 11.4 When you must pay and how you must pay. We only accept payment by BACS or CHAPS bank transfer into our bank account, the details of which will be provided to you during the order process. You must pay for the product in full before we dispatch it.
12. Our responsibility for loss or damage suffered by you
- 12.1 We are not responsible to you for any unforeseeable loss or damage caused by us. If we fail to comply with these terms or the contract between us we shall not be responsible for any loss or damage that is not foreseeable.
- 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.
- 12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit or revenue, any loss of business or contracts, any business interruption or loss of business opportunity or for any loss of goodwill or any special, indirect or consequential loss or damage.
- 12.4 When we are liable for damage to your property. If we are providing services in relation to your property, we will make good any damage to your property caused by us. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13. How we may use your personal information
14. Other important terms
- 14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 14.2 You need our consent to transfer your rights to someone else (except that 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, you may transfer our guarantee at clause 8.4 to a person who has acquired the product. 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.
- 14.3 Nobody else has any rights under this contract (except someone we transfer this contract to or you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.1 in respect of our transfer of the contract and clause 14.2 in respect of our guarantee.
- 14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- 14.5 Even if we delay in enforcing this 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 this 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.
- 14.6 Which laws apply to this contract and where legal proceedings can be brought. These terms are governed by Jersey law. The courts of Jersey have exclusive jurisdiction in respect of this contract.