Commision Sales - Terms and Conditions

The terms below will apply to every purchase of a watch by Watchfinder.co.uk LTD. Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis. No legally binding contract between the Seller and the Company will be formed in any circumstances until (I) the company has had the opportunity to conduct an on-site valuation of the watch and inspect any accompanying documentation, AND (ii) a physical examination of the watch has been conducted by a qualified watchmaker or technician on behalf of Watchfinder.co.uk (which may in some cases take place at a later date); AND (iii) the parties have entered into the company's standard written contract of purchase which incorporates the terms stated below.

If you are a consumer, nothing in these terms and conditions will affect your statutory rights.

References to the "Company" or "Watchfinder.co.uk" relate to Watchfinder.co.uk LTD. References to the "Seller" relates to you, the owner of the watch which is the subject matter of the purchase.

1. Pre-Contract Information
2. Price Quoted
3. Payment
4. Seller's Warranties
5. Delivery
6. Inspection
7. Insurance
8. Consequential Losses
9. Exclusion of Liability
10. Variation
11. Third Party Rights
12. Governing Law and Jurisdiction
13. Part Exchanges

1. Pre-Contract Information

a. In Most instances you will receive two valuations: One valuation for a trade sale and one to be sold on a commission basis. You will need to provide us with certain information about the type and condition of the watch that you want to sell.
b. Both valuations are provided on a "subject to contract" basis and are not legally binding. Watchfinder.co.uk LTD reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
c. The Seller warrants that they are the legal owner of the watch and consents to transfer the full unencumbered legal title and full ownership of the watch to Watchfinder.co.uk.

2. Price Quoted

a. The price quoted in the valuation will be in pounds sterling and be defined as the net cost, please see the VAT margin scheme for further details. Companies should enquire as to their VAT implications.
b. All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
c. If for some reason an error in the valuation quoted has occurred, Watchfinder.co.uk Ltd will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by Watchfinder.co.uk Ltd for accidental mistakes or errors caused by system failures.

3. Payment

a. Watchfinder.co.uk Ltd will pay for the watch by cheque made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose.
b. Cleared funds may take up to 3-4 working days after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
c. Watchfinder.co.uk Ltd reserves the right to pay by any other appropriate payment method when and where reasonable.
d. Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a qualified watchmaker or technician.
e. A minimum charge of £75 applies to all watches sold on commission.
f. Any outstanding monies owned to the company including servicing costs will be deducted from any payment or Commission.

4. Seller's Warranties

a. The Seller expressly warrants that all the information supplied during the valuation process is accurate and true.
b. The Seller warrants that the watch is not subject to undisclosed finance.
c. The Seller warrants to the best of his knowledge and belief that the watch has not been an insurance write-off or has been subject to substantial remedial repairs.
d. The Seller warrants the serial numbers and documentation are genuine and accurate and that neither has not, to the best of his knowledge and belief, been tampered with.
e. The Seller warrants that there are no undisclosed physical defects with the watch that a prudent purchaser would want to be informed about.
f. The Seller warrants that there are no undisclosed "title defects" with the watch that a prudent purchaser would want to be informed about.
g. The Seller warrants that he is the legal owner of the watch, has the right to transfer the full unencumbered legal title and full ownership of the watch to the Company.
h. The Seller warrants than no other person has any claim to the watch whether legal, equitable, possessory or otherwise.

5. Delivery

a. The watch must be delivered by the Seller to designated premises allocated by Watchfinder.co.uk Ltd at the Seller's expense.
b. Collection of the watch directly by Watchfinder.co.uk will only be made in the most exceptional of circumstances and only by prior agreement. An additional charge may be levied in these circumstances.
c. Insuring the item in transit will be the seller's responsibility unless the value exceeds £2500. In this instance the company will make arrangements to insure the excess value, this will be dealt with in writing and at the company's discretion. An additional charge may be levied in these circumstances.

6. Inspection

a. The watch will be inspected by a Watchfinder.co.uk representative prior to completion of the sale. A revised valuation may be offered where (i) the watch does not fully comply with the information provided during the valuation process, (ii) where the condition is such that it has a substantial impact of the value of the watch and/ or (iii) other relevant factors not disclosed affect the valuation.
b. In addition to the initial valuation, the watch may be physically inspected by a watchmaker either before or after the Seller has agreed the valuation or sale contract. If the physical inspection by the watchmaker is carried out after the written contract has been completed and agreed by the Seller, the Company may rescind the contract for any serious defect subsequently discovered in the watch by such inspection.
c. This inspection can be carried out at anytime the watch is the property of Watchfinder.co.uk Ltd.

7. Insurance

a. Any watch in the possession of Watchfinder.co.uk Ltd is covered under its insurance policy, the replacement value which will be defined as latest and most accurate trade sale valuation. Less any outstanding costs owed to Watchfinder in the form of advertising, postage or servicing fees.
b. In the event of loss or damage to your watch incurred whilst in the possession of the company, settlement will only be made once settlement has been received by the company from the insurance company.

8. Consequential Losses

a. The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.

9. Exclusion of Liability

a. The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.

10. Variation

a. The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.

11. Third Party Rights

a. Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

12. Governing Law and Jurisdiction

a. The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts. "Watchfinder.co.uk" is a trading name of Watchfinder.co.uk Limited whose registered office is 3-4 Bower Terrace, Tonbridge Road, Maidstone, ME16 8RY. Registered in England & Wales under company registration number 04524723.

13. Part Exchanges

a. A part exchange allowance will be agreed between "Watchfinder.co.uk" and the "Seller" in tangible form. Where an order is cancelled (by either party) in which a part exchange is involved the company will offer a return of the watch or payment of the part exchange allowance this decision is made at the sole discretion of the company.