Terms & Conditions

The terms and conditions set out below (“Conditions”) are legally binding on You as a customer (“You” or “Customer”) and apply to (1) You using the website www.theclassicwatchcompany.com (“Website”); and/or (2) any registration (“Registration”) by You of personally identifiable information with Martin Kaye Watches Limited trading as Classic Watch Company (hereinafter referred to as “CWC”); and/or (3) You providing an antique watch or watches and/or jewellery (“Goods”) to CWC; and/or (4) if applicable, a valuation (“Valuation”) of the Goods by CWC; and/or (5) You entering into any agreement for the sale (“Sale”) of Goods to CWC.

1 Requirements for Use

You warrant to CWC that:

1.1 You have good and marketable title to the Goods You provide to us;

1.2 You are a resident in the European Union and are eighteen (18) years of age or older;

1.3 You have full authority to provide and sell the Goods;

1.4 the Goods in any Sale are free from all encumbrances, liabilities and adverse claims of any nature and type whatsoever, implied or otherwise;

1.5 the Goods do not result from any illegal activity in the United Kingdom or in any other country;

1.6 You are the legal owner of any and all Goods provided by You to CWC (CWC may, without prejudice, ask You to provide proof of ownership of the Goods);

1.7 the Sale (which is initiated by You) will not cause CWC to breach any applicable law of the United Kingdom or any other country including but not limited to any anti-terrorism law or anti-money laundering law; and

1.8 You are acting on your own behalf without duress and not for the benefit of another person.

2 Shipping and Insurance

2.1 Once You have completed the Registration (whether on the Website, over the telephone or on a duly completed and returned hard copy form), we will send to You a prepaid Royal Mail bag (“Mail Bag”).

2.2 All Goods You send to CWC must either be sent in the Mail Bag or by a carrier that employs a system whereby your package can be traced.

2.3 If You use the Mail Bag, You should enclose with the Mail Bag a complete list of the contents of the Mail Bag on the valuation form which CWC will provide to You with the Mail Bag.

2.4 If You use the Mail Bag, your Goods will be insured up to a maximum value of two thousand five hundred pounds (£2,500). This figure covers the entire contents of the Mail Bag and is not per individual item. If You use the Mail Bag and the Goods are lost or stolen prior to reaching CWC and You would like a claim to be made against the carrier, immediately after you become aware that the Goods are lost or stolen You must contact CWC at mkroadshow@classicwatchcompany.com. Only Royal Mail tracking applications will be acceptable proof to CWC that your Goods were mailed to CWC. CWC shall use reasonable endeavours to submit the claim within 30 days of receiving such acceptable proof from You.

2.5 If You wish to insure your Goods for more than £2,500, You may do so either at your own expense or by express prior agreement with CWC, who will then seek to arrange the increased insurance via a different postal carrier. In the event that You do not use the Mail Bag but use alternative packaging, it is your responsibility to insure your Goods with the carrier. If You use alternative packaging and the Goods are lost or stolen prior to reaching CWC and You wish to make a claim against the carrier, You (not CWC) must make the claim. Only Royal Mail tracking applications will be acceptable proof to CWC that your Goods were mailed to CWC.

2.6 CWC reserves the right to reject without explanation delivery of any package which appears to be damaged, opened, or tampered with in any way. Any such package will be returned with its contents to You without any liability to CWC.

3 Checking the Goods on Receipt

3.1 Subject to any exceptions made by CWC in its absolute discretion, on receipt of your Goods CWC will only consider Goods for Valuation that:

3.1.1 (in the case of an antique watch or watches) match one of the types listed at http://www.theclassicwatchcompany.com/what-we-buy.html; and

3.1.2 are of Appropriate Quality, as defined in condition 3.2.

3.2 Goods will be of Appropriate Quality provided that, in CWC’s absolute discretion, they are:

3.2.1 not materially rusted; and

3.2.2 not missing material parts; and

3.2.3 not irretrievably broken.

3.3 If the Goods received from You:

3.3.1 (in the case of an antique watch or watches) do not match one of the types listed at http://www.theclassicwatchcompany.com/what-we-buy.html; and/or

3.3.2 are not of Appropriate Quality; and

3.3.3 CWC does not make an exception in accordance with condition 3.1,

then CWC will not carry out a Valuation and will inform You of the reasons by e-mail, telephone or post but CWC will be under no obligation to return the Goods to You and conditions 4.1 and 4.2 will apply. For the purposes of condition 4, the Appropriate Time will be the time at which CWC informs You that it will not carry out a Valuation.

4 Returns and Disposals of the Goods

4.1 If this condition 4.1 applies, You may request that the Goods be returned to You at a cost to You of £20 to cover the direct cost of processing, insurance and return postage (“Returns Fee”). CWC must receive the Returns Fee in cleared funds within thirty (30) days of the Appropriate Time (as defined in conditions 3.3, 5.2 and 5.3 as applicable) before sending the Goods back to You. For the purposes of return postage, your Goods will be insured up to a maximum value of two thousand five hundred pounds (£2,500). This figure covers the entire contents of the envelope and is not per individual item.

4.2 If this condition 4.2 applies and:

4.2.1 You do not request within thirty (30) days of the Appropriate Time that the Goods be returned to You; or

4.2.2 You do request that the Goods be returned to You but You do not pay the Returns Fee within thirty (30) days of such request in accordance with condition 4.1,

title to the Goods will pass to CWC and CWC will decide (in its absolute discretion) how to dispose of the Goods.

5 Valuation, Offer and Acceptance

5.1 Once your Goods have been checked by CWC in accordance with condition 3, if approved they will then be valued. In most cases, Valuation will take two working days but this may vary and CWC accepts no liability for any delay to the Valuation due to circumstances beyond CWC’s control.

5.2 CWC will make an offer (“Offer”) in Pounds Sterling (“Offer Sum”) to You by telephone, email or in person within twenty-four (24) hours of the conclusion of the Valuation. The Offer may, at the discretion of CWC, be recorded. Upon your acceptance (oral or written) of the Offer, a binding contract (“Contract”) will be created and payment of the Offer Sum will be arranged by your chosen method (cheque, bank transfer or cash) within twenty-four (24) hours. If You do not accept the Offer, conditions 4.1 and 4.2 will apply and, for the purposes of condition 4, the Appropriate Time will be the time at which You state (orally or in writing) that You do not accept the Offer.

5.3 Once the Offer Sum has been delivered to You, You are entitled to a seven (7) working day cooling-off period (“Cooling-Off Period”) during which You can withdraw from the Contract without penalty and without giving a reason. If You do choose to withdraw from the Contract during the Cooling-Off Period, You must inform us in writing and conditions 4.1 and 4.2 will apply. For the purposes of condition 4, the Appropriate Time will be the date CWC receives such written notification of withdrawal.

6 Data Protection

Personally identifiable information provided by You is covered under our Privacy Policy http://www.theclassicwatchcompany.com/privacy.html.

7 Limitation of Liability

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION 7

7.1 This condition 7 sets out the entire financial liability of CWC (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to You in respect of:

7.1.1 any breach of these Conditions;

7.1.2 any use made by You of any of the services provided by CWC; and

7.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions.

7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.

7.3 Nothing in these Conditions limits or excludes the liability of CWC for:

7.3.1 death or personal injury caused by CWC’s negligence; or

7.3.2 fraud or fraudulent misrepresentation; or

7.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

7.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

7.3.5 any other matter for which it would be illegal or unlawful for CWC to exclude or attempt to exclude CWC’s liability.

7.4 Subject to condition 7.2 and condition 7.3 :

7.4.1 CWC shall not be liable for:

7.4.1.1 loss of profits; or

7.4.1.2 loss of business; or

7.4.1.3 depletion of goodwill and/or similar losses; or

7.4.1.4 loss of anticipated savings; or

7.4.1.5 loss of goods; or

7.4.1.6 loss of contract; or

7.4.1.7 loss of use; or

7.4.1.8 loss of corruption of data or information; or

7.4.1.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

7.4.2 CWC’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with these Conditions shall be limited to the lesser of:

7.4.2.1 75% of the certified appraised wholesale value of your Goods, provided that they have been appraised within the 90 days prior to delivery to CWC. CWC reserves the right to verify the appraisal document with an independent third party;

7.4.2.2 the certified appraised market liquidation value of your items;

7.4.2.3 the sum of five hundred pounds (£500).

8 Website Material

8.1 While CWC endeavours to ensure that the information on the Website is correct, CWC does not warrant the accuracy and completeness of the material on the Website. CWC may make changes to the material on the Website, or to the products and prices described on it, at any time without notice. The material on the Website may be out of date, and CWC makes no commitment to update such material.

8.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, CWC provides You with the Website on the basis that CWC excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Conditions, might have effect in relation to the Website.

9 Miscellaneous

9.1 CWC shall have no liability to You if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of CWC or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

9.2 CWC may, from time to time and without notice, vary these Conditions or any of the documents referred to in them and CWC advises You to revisit the Website periodically to ensure that You are aware of the current Conditions.

9.3 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.

9.4 CWC may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.

9.5 These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 29 October 2009

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