These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
We operate the website www.watchandbullion.com. We are Watch and Bullion, a business operating in Gibraltar under business name number 10253 and our main trading address is Casemates, Gibraltar.
2. Contacting us if you are a consumer
1. If you wish to contact us for any reason, you can contact us by telephoning our customer service team at 0035020077010 or by e-mailing us at firstname.lastname@example.org.
2. If we have to contact you or give you notice in writing, we will do so by telephone, e-mail or by pre-paid post to the address you provide to us in your order.
3. Our Products
1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2. The packaging of the Products may vary from that shown on images on our site.
4. Use of our site
1. Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5. How we use your personal information
6. If you are a consumer
1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
7. If you are a business customer
This clause 7 only applies if you are a business.
1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all oral previous agreements, promises, assurances, warranties, representations and understandings between us relating to its subject matter.
3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4. You agree that you shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
8. How the contract is formed between you and us
1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 clause 8.3.
3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products will be dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
9. Our right to vary these Terms
1. We amend these Terms from time to time.
2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
10. Your consumer right of return and refund
This clause 10 only applies if you are a consumer.
1. If you have returned the Products to us because they are faulty or mis-described, we will give you a store credit to the price of the Products in full.
1. We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
3. You own the Products once we have received payment in full, including all applicable delivery charges.
12. International delivery
1. We deliver within Europe (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13. Price of products and delivery charges
1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.4 for what happens if we discover an error in the price of Product(s) you ordered.
2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
3. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
4. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you (provided that the difference between the correct price and the price stated is not more than 10%). However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
1. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15. How to pay
1. You can use chrono24’s trusted checkout .
2. You can pay using a bank transfer to our business account .
3. Payment for the Products and all applicable delivery charges is in advance.
16. Manufacturer guarantees
1. Some of the Products we sell to you come with a manufacturer’s guarantee (if specified by us). For details of the applicable manufacturer’s terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
2. If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
17. Our warranty for certain Products
1. For Products which do not have a manufacturer’s guarantee, we may 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 clause 17.2.
2. The warranty in clause 17.1 does not apply to any defect in the Products arising from:
– 1. fair wear and tear;
– 2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
3. if you fail to operate or use the Products in accordance with the user instructions;
4. any alteration or repair by you or by a third party who has not been authorised as one of our authorised repairers; or
5. any specification provided by you.
18. Our liability if you are a business
This clause 18 only applies if you are a business customer.
1. We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes unless otherwise agreed with us.
2. Nothing in these Terms limits or excludes our liability for:
– 1. death or personal injury caused by our negligence; or
– 2. fraud or fraudulent misrepresentation.
3. Subject to clause 18.2, 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 the Contract for:
– 1. any loss of profits, sales, business, or revenue;
– 2. loss of business opportunity;
– 3. loss of anticipated savings;
– 4. loss of goodwill; or
– 5. any indirect or consequential loss.
4. Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products sold to you.
5. Except as expressly stated in these Terms, we do not give any representation, 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.
19. Our liability if you are a consumer
This clause 19 only applies if you are a consumer.
1. We only supply the Products for domestic and private use, unless otherwise agreed. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2. We do not in any way exclude or limit our liability for:
– 1. death or personal injury caused by our negligence; and
– 2. fraud or fraudulent misrepresentation.
– 3. Subject to clause 19.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products sold to you.
20. Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
– 1. we will contact you as soon as reasonably possible to notify you; and
– 2. our obligations under a Contract will be suspended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21. Communications between us
1. When we refer, in these Terms, to “in writing”, this will include e-mail.
22. Other important terms
1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
2. You may not transfer your rights or obligations under these Terms to another person if we agree in writing.
3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5. If you are a consumer, please note that these Terms are governed by Gibraltar law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Gibraltar law. You and we both agree to that the courts of Gibraltar will have exclusive jurisdiction.
6. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Gibraltar.
7. If you are a business, we both irrevocably agree that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).