Terms And Conditions
PREVIOUS VERSIONS
CONDITIONS OF SALE
ABOUT THESE CONDITIONS OF SALE
These Conditions of Sale apply to any sales of Watchfinder North America, Inc. (“Watchfinder”) products or services that you may order from our Selling Entity (as defined below), using this website and any associated mobile or digital applications that refer to these Conditions of Sale (the “Platforms”) or by telephone or via our Sales team (together with the Platforms, the “Sales Channels”).
It is important that you read and understand these terms and conditions before you place an Order with us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Sales team before placing your Order or, if a member of our Sales team is unavailable, contact our Customer Services team by telephone (+1 646 400 6632) or by email (NewYorkOffice@watchfinder.com).
By ordering any of our Goods, you agree to be bound by these terms and conditions.
You should save these terms and conditions for future reference.
Watchfinder’s services are not available in Canada and Watchfinder & Co. does not ship to Canada.
Please ensure that you review Clause 13 as it includes important limitations on, and exclusions of, our liability.
If you are purchasing from one of our Certified Sellers (as defined below), please review clause 15 below as different terms may apply. In the event that you do purchase through one of Certified Sellers, your contract of sale will be with the Certified Sellers. This will not affect your statutory rights.
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Sales Channels. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Watchfinder products or purchase Watchfinder products for commercial purposes or any other commercial benefit.
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PRODUCT AVAILABILITY AND QUALITY
You understand that pre-owned watches are sold on the Platforms and therefore condition or availability of accompanying materials and accessories (including but not limited to a replacement strap) may vary between items. If you have any questions about the condition of any of our watches, please contact our Sales team prior to ordering your prospective item.
All orders placed through the Sales Channels are subject to availability and express acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platform. Our Sales team can provide more information as regards these products (contact the Sales team at NewYorkOffice@watchfinder.com to assist with any questions). For information about the order process, please refer to our order Process section below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
You understand that Watchfinder is not a manufacturer and if it is unable to fulfill an order for any reason, it may be unable to source a like-for-like replacement for that order.
The packaging of products may vary from that shown on images on the Platforms and we cannot guarantee that any box and/or other packaging supplied are authentic or were the original box as sold with the products on manufacture and production. Moreover, we try to ensure that the information, including age of the products, provided on the Platforms to you is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
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ORDER PROCESS
The order process of the Platforms will include the following:
- Once you have chosen a product, you may place this product in your basket by clicking “add to basket”. You may then decide to continue shopping for other products and add them to your basket (subject to availability). Placing a product in your basket does not guarantee availability for purchase, which is not confirmed until you receive the order confirmation, as specified below.
- When you are ready, you then proceed to “checkout” through your registered account; if you do not have an account, you will be required to create one before completing your order. Please see our Privacy Policy for how we handle your data.
- As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details are correct on the “order Summary” page before placing your order.
- You will need to check the relevant box to place your order. You will then be required to pay for your order.
In the event your order is being placed remotely, such as by telephone, the sales assistant will walk you through the above steps and verbally ask you to confirm the details of your order.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; (ii) multiple payments from different accounts on one order; or (iii) have otherwise violated these Conditions of Sale.
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PRICE AND PAYMENT
PLEASE SEE CLAUSE 15 IF YOU ARE PURCHASING FROM ONE OF OUR “CERTIFIED SELLERS” AS THIS CLAUSE MAY VARY
Payments must be made to us in the local currency of the Selling Entity, unless you are authorized to do so differently by us, and any refunds will only be issued by us in the local currency of the Selling Entity. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside of the Selling Entity’s country.
Prices shown on the product pages of the Platforms or as otherwise quoted by the available Sales Channels include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.
Our delivery charges will be notified to you pursuant to clause 5 and will be added to the total amount due and shown in the “Order Summary” page of our Platform before you place your order.
You must make payment for the products at the same time as placing an order. We must receive full and cleared funds prior to dispatch of the products (either by direct payment from you or via a consumer finance option).
We accept the methods of payment identified in the “Payment Details” page of the checkout.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made, however, some financial institutions may charge a fee for using a bank wire transfer. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
The “Order Summary” page of our Platform will give you a breakdown of the price of the products, our delivery charges and any credit card surcharges and will display a total amount payable.
If we agree that you can pay for the products by way of an initial deposit and we subsequently do not receive the balance payment in full and cleared funds within 14 days of our receipt of the deposit payment from you, we reserve the right to cancel your order and to re-list the products for sale on our Platforms. We will give you at least 3 days’ notice by e-mail before we do this, and we will refund your deposit within 14 days of the date your order is cancelled.
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ACKNOWLEDGEMENT AND CONFIRMATION OF ORDER
PLEASE SEE CLAUSE 15 IF YOU ARE PURCHASING FROM ONE OF OUR “CERTIFIED SELLERS” AS THIS CLAUSE MAY VARY
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written acknowledgement of order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To confirm the order, we will conduct usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact the Sales or After Sales teams promptly.
Upon shipment of your order, we will send you a confirmation of order & shipment in writing (by e-mail or otherwise). This confirmation of order & shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
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DELIVERY
PLEASE SEE CLAUSE 15 IF YOU ARE PURCHASING FROM ONE OF OUR “CERTIFIED SELLERS” AS THIS CLAUSE MAY VARY
All dates quoted by us for dispatch and delivery of the products, though given in good faith, are estimates only. We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of the confirmation of order (below) and in any event within 30 days after that date, except if your purchase relates to a product that we have explained to you will take additional time to deliver (for example if additional testing is needed prior to shipment).
Please also note that we do not ship to certain countries or addresses, such as military, certain restricted areas or PO boxes.
Delivery of the products will be deemed completed when we or our appointed courier deliver the products at your provided location or when the products are collected from our premises by you.
If you independently arrange for another courier or third party to collect the products, delivery will be completed when the products are collected from our premises by your appointed courier/third party.
We reserve the right to conduct a full investigation into any claims for non-delivery which may include reporting the matter to local police and/or other authorities to investigate. We will conduct any investigation as quickly as possible but are reliant on third parties’ compliance.
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CUSTOMS
If you are based outside the USA, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the products. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
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WARRANTY
Unless mentioned on the products’ page, all watches sold by Watchfinder are accompanied by a warranty. Please see the “Warranty” terms and conditions for more information. As a consumer, this is in addition to your legal rights.
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WATER RESISTANCE
You should be aware that “water resistant” watches are not waterproof. For example, watches advertised as water resistant to 30 metres (100 feet/3 ATM) can only withstand splashes. All watches sold by us are subject to our categorization as detailed in the glossary available on watchfinder.com.
You acknowledge and accept that we will not replace seals and/or gaskets or other parts if the watch passes our tests before dispatch.
Waterproofing (or “water resistance”) is described either in meters, or in bars (1 bar = 10 m = approximately 33 ft). It is important to note that the indication of the degree of water resistance in meters is a technical norm which does not correspond to an exact depth. “Water-resistant to 10m” does not mean that the watch can be worn to this depth, rather it indicates that the watch will resist pressure equivalent to a static immersion up to 10m deep. The wearer’s movements (diving, jumping, swimming, etc) as well as the force of the water (shower jets, river currents, waterfalls, etc) can considerably increase the pressure.
Where your watch is certified as Water Resistant its water-resistance is ensured by a series of seals. Before any contact with water, it is essential to ensure that the crown and pushers of your watch are pushed in or screwed down, depending on model. When your watch is under water, do not activate the push-pieces for the chronograph function, the minute-repeater or the second time zone. After swimming, make sure to rinse your water-resistant watch in fresh water so as to neutralise the potentially corrosive effects of sea-water or chlorine. The water-resistance seals of your certified Water Resistant watch undergo natural deterioration due to ageing. It is therefore recommended that you have a regular water-resistance check performed once every year if your watch is worn during sporting activities or frequently comes into contact with water, or once every two years when worn in normal conditions. Never try and open the case yourself. In the event of water or condensation appearing under the glass, take the watch as quickly as possible to an authorized maintenance centre to prevent further damage.
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BRACELETS SIZES
Given the nature of our Goods, bracelet sizes may vary as they are not always supplied to us with a full accompaniment of links. A bracelet size will be requested from you before your order is dispatched or taken from a part exchange and we will endeavor to size the Goods to the requested size. Where a watch is advertised as having seals intact the bracelet will not be adjusted. Where the size exceeds our standard size, links will be supplied at your cost or at our discretion. If no bracelet size is given any additional links will be chargeable.
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PAPERWORK DATE
Age of any goods advertised or sold on watchfinder.com is derived from paperwork provided, and is not necessarily the date of manufacture. If no paperwork is available to use, it can be difficult for us to calculate the age of the goods, particularly for vintage goods. While the Age has been given in good faith (calculated by reference to the serial number if reasonably practicable, owner information or other indicators), you acknowledge that the age of the goods listed on watchfinder.com is an estimate only.
If the goods are sold without paperwork, no representation or warranty, express or implied, is made by us in relation to the accuracy of the age of the goods.
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RETURNS POLICY
Purchases made from our premises can be exchanged, but not refunded, when returned within 14 days of purchase in unused condition. If no exchange can be made on the day a credit note may be issued for the original purchase price. This does not affect your usual consumer rights.
Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition. Goods purchased online will come with a tamper-proof returns sticker which allows for the goods to be tried on and examined for any faults. You can inform us of a return by telephone (1(646) 837-7583), by email (NewYorkOffice@watchfinder.com) or by making an appointment in store.
In the event that goods are returned from you following a cancelled sale, return postage, packaging and insurance will be your responsibility. Watchfinder relinquishes all responsibility for the safe delivery of goods in this instance. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. We strongly encourage you to pack the goods appropriately to prevent damage during transit.
You must return any goods that are faulty (including paperwork, links, user manual, service papers and box as applicable) promptly.
If you are based outside of the USA we will charge for postage, packaging, insurance and all other taxes, fees and charges applied by customs incurred for work carried out under warranty. In all cases, you remain responsible for ensuring that you pack your watch appropriately to prevent damage during transit.
If you are based outside of the USA, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
If a credit note is issued to you as a result of a return, please check the credit note to see what time limit applies. No change will be given for the unused portion of the credit note. If you return an item that was purchased with a credit note, you will be issued with a new credit note (unless an exchange is received).
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FAULTY GOODS
We are under a legal duty to supply you with products that are in conformity with the contract.
We are extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product that seems to be faulty, you may return it to us in accordance with the return policy. Upon receipt, we may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear or user misuse are not considered to be defective.
If your product is declared as defective by us, we may propose an exchange for another product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or propose to repair the product at our cost.
Only you, as the customer, may request a refund of the full price of your initial purchase
To discuss a problem with your order, please contact the sales advisor that dealt with your Order or alternatively you can contact our team by telephone (1(646) 837-7583) or by email (NewYorkOffice@watchfinder.com).
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OUR LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these conditions of sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these conditions of sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
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FRAUDULENT PAYMENTS
If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Goods and we will not carry out any refunds until authorized by your bank.
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WATCHFINDER MARKETPLACE AND CERTIFIED SELLERS
This clause is only applicable for customers residing in the United States and purchasing through Watchfinder.com and when purchasing from one of our carefully selected third party sellers (“Certified Sellers”).
As set out above, whilst the sale will be conducted on Watchfinder’s Platform, your contract will be with the Certified Seller. Please see our Marketplace FAQs for more information. This clause will set out any changes to the Watchfinder conditions of sale when you purchase through a Certified Seller and any other relevant information that may be relevant to your purchase.
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Clause 3, Price and Payment, will not apply to you and will be replaced with the following:
Payments must be made to us in USD, unless you are authorized to do so differently by us, and any refunds will only be issued by us in USD.
Prices shown on the product pages of the Platforms or as otherwise quoted by the available Sales Channels exclude sales taxes, shipping costs and other taxes unless otherwise stated.
Our delivery charges will be notified to you prior to purchase and will be added to the total amount due and shown in the “Order Summary” page of our Platform before you place your order.
You must make payment for the products at the same time as placing an order. We must receive full and cleared funds prior to dispatch of the products (either by direct payment from you or via a consumer finance option).
We accept the methods of payment identified in the “Payment Details” page of the checkout.
We do not accept bank wire transfers for orders placed through our Certified Sellers.
The “Order Summary” page of our Platform will give you a breakdown of the price of the products, our delivery charges and any credit card surcharges and will display a total amount payable.
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Clause 4, Acknowledgement of Order, is amended as follows:
Once you have made your choice and your order has been placed, you will receive a written acknowledgement of order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future inquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To proceed with the order, we will conduct usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact the sales teams promptly.
The order will then be passed to our Certified Seller to confirm their ability to fulfill the order. The Certified Seller will then inform us, and we in turn will inform you that the order has been accepted or rejected by the Certified Seller. In the event the Certified Seller is unable to fulfill your order, we will update you as soon as reasonably practicable.
Once all standard due diligence checks and physical inspection has been undertaken and approved on the Certified Seller’s watch, we will email you to confirm shipment of your order and we will send you a confirmation of order & shipment in writing (by e-mail or otherwise). This confirmation of order and shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract between you and the Certified Seller.
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Clause 5, Delivery, is amended as follows:
Purchases made through our Certified Sellers will only be deliverable to individuals residing in the United States.
While we have strict processes in place, delivery of your order may take longer than usual as we are reliant on our Certified Seller to first send the product to Watchfinder for authentication and due diligence checks. Watchfinder will then, once the order has been confirmed to you, fulfil delivery to you and will use reasonable efforts to ensure delivery by the carrier within the estimated delivery date given to you, and in any case within 30 days from the date of confirmation.
Please also note that we do not ship to certain countries or addresses, such as military, certain restricted areas or PO boxes.
Delivery of the products will be deemed completed when we or our appointed courier deliver the products at your provided location or when the products are collected from our premises by you.
If you independently arrange for another courier or third party to collect the products, delivery will be completed when the products are collected from our premises by your appointed courier/third party.
We reserve the right to conduct a full investigation into any claims for non-delivery which may include reporting the matter to local police and/or other authorities to investigate. We will conduct any investigation as quickly as possible but are reliant on third parties’ compliance.
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RANKINGS PARAMETERS
Products made available for sale by us over the Platform are ranked on listing pages according to an algorithm that considers the following criteria:
(i) price; (ii) newness and specification of the Products (e.g. category, colour); (iii) stock and size availability; and (iv) upload date.
When identical Products are made available for sale through the Platform from two or more distinct sellers, the following criteria are taken into account, as applicable: (a) promoted listings (b) stock and size availability; (c) delivery time to Customer; and (d) Product upload date.
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GENERAL
Privacy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.
Communications between us
If you wish to contact us in writing, or if any clause in these Conditions of Sale requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at aftersales@watchfinder.co.uk.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have given us.
Waiver
If we fail, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations under the contract or any of these Conditions of Sale and/or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default of these Conditions of Sale by you will not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions of Sale will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any court or competent authority decides that any of the provisions or paragraphs of these Conditions of Sale or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Conditions of Sale, which will continue to be valid to the fullest extent permitted by law.
Third party rights
Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms.
Our right to vary these Conditions of Sale
We have the right to revise and amend these Conditions of Sale from time to time. You will be subject to our terms and conditions in force at the time that you place your order with us, unless any change to those terms or conditions is required to be made by law or governmental authority (in which case they will apply to orders previously placed by you), or if we notify you of the change to those terms and conditions before your order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and conditions by proceeding with your order).
Transfer of our rights and obligations
We may transfer our rights and obligations under these Conditions of Sale to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights, or our obligations, under these Conditions of Sale.
Events outside of our control
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
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GOVERNING LAW AND JURIDICTION
Arbitration Required, Except for Small Claims
Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Watchfinder through the Sales Channels, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or Watchfinder may assert claims in small claims court if such claims qualify.
Informal Dispute Resolution
Before bringing any dispute in arbitration, you and Watchfinder agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
Jury Trial and Class Action Waiver
You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Watchfinder understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief if you are located in California. You and Watchfinder agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding.
How Arbitration Works
In order to file a complaint for arbitration after you and we have failed to resolve our Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support or call 1-800-778-7879. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with Watchfinder) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions.
OUR DETAILS
Watchfinder and Watchfinder & Co. are a trading names of Watchfinder North America, Inc., incorporated in Delaware and with a principal place of business at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America, with company registration number 55-0827853.
As a consumer, nothing in these Terms will affect your legal rights.
CONDITIONS OF PURCHASE
INTRODUCTION
These Conditions of Purchase apply to any purchase made by Watchfinder (as defined below), using this website and any associated mobile or digital applications that refer to these Conditions of Purchase (the “Platforms”) or by telephone or via our Purchasing team (together with the Platforms, the “Purchasing Channels”).
The entity that will purchase the watch from you will be Watchfinder North America, Inc. incorporated in Delaware with a principle place of business at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America with company registration number 55-0827853 (“Watchfinder”, “us”, “our”, “we”, the “Purchasing Entity”) and the legal terms and conditions that will apply to any contract between us for the sale of your watch to Watchfinder (“you”, “your”).
By selling your watch to Watchfinder, you agree to be bound by these Conditions of Purchase.
You should save these Conditions of Purchase for future reference.
The Purchasing Entity is an affiliate of Watchfinder.co.uk Limited, which owns and edits the Platforms pursuant to the Terms of Use. Watchfinder.co.uk Limited is also responsible for our information collection practices pursuant to the terms of the Privacy Policy and the Cookie Policy. By using the Platform and/or selling your watch to us, you agree to be bound by the Terms of Use, Privacy Policy and Cookie Policy the terms of which are incorporated into these Conditions of Purchase.
It is important that you read and understand these Conditions of Purchase before you sell your watch to us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Purchasing team before selling your watch to us or, if a member of our Purchasing team is unavailable, contact our Customer Services team by email aftersales@watchfinder.co.uk.
Clause headings shall not affect the interpretation of these Conditions of Purchase.
A reference to “writing” or “written” includes e-mail.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Please ensure that you review clause 12 it includes important limitations on, and exclusions of, our liability.
SELLING ELIGIBILITY
SELL YOUR WATCH PROCESS
PRICE AND PAYMENT
DELIVERY
- send the watch to the advised Watchfinder location through your own means; or
- hand deliver the watch to a member of staff within a Watchfinder boutique; or
- send the watch to the advised Watchfinder location using a pre-paid label provided to you by Watchfinder.
CUSTOMS & IMPORT/EXPORT OBLIGATIONS
YOUR WATCH
- correspond with the description;
- be of satisfactory quality and condition; and
- be free from significant defects in design, material and workmanship.
YOUR UNDERTAKINGS
- all the information supplied by you, to us, is true, accurate and complete;
- you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the Watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the Watch;
- the Watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
- the Watch is not subject to an undisclosed finance agreement; and
- no other person has any claim to the Watch, whether legal, equitable, possessory or otherwise.
- the Watch has not been an insurance “write-off” or subject to substantial remedial repairs;
- the Watch has not been altered or tampered with (including replacement parts that are not genuine to the manufacturer or which are counterfeit)
- the watch is free from significant defects in design, material and workmanship.
- you accept that every element in the description of the Watch, including its make, model and serial number, is critical to its identification and valuation, and that the absence, inaccuracy, or non-fulfilment of any such element renders the Watch in the perception of us and you radically and fundamentally different from the Watch that you have agreed to supply;
- the Watch, serial number and documentation (including Papers) are original, genuine and accurate;
- all charges, duties (customs or otherwise), taxes and/or any other fees due and payable by you to any customs, tax and/or other authority in respect of your original purchase, ownership, importation/export, and/or sale of the Watch to us, have been paid in full.
REMEDIES
- to terminate the contract;
- to reject the Watch (in whole or in part) and return it to you at your own risk and expense;
- to require you to provide a full refund of the price of the rejected items (if paid); and/or
- to claim damages for any other costs, loss or expenses incurred by us or by the Company which are in any way attributable to your failure to carry out your obligations under the contract.
- Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
PART-EXCHANGES
- selling your watch to us; and
- using the sales price of the watch as set off against the purchase price of another watch you wish to buy from us.
CUSTOMER VERIFICATION
PROOF OF IDENTITY
OUR LIABILITY
- To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products, or our systems, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
- Nothing in these Conditions of Purchase limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Purchasing for any transaction whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the Initial Quotation or Final Offer issued by us, whichever has been most recently communicated to you.
- Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
OUR RIGHT TO CANCEL
- if you have breached any of these Conditions of Purchase; or
- on any other reasonable grounds, as determined by us.
NON-GENUINE PARTS
ENTIRE AGREEMENT & CONFLICT WITH OTHER AGREEMENTS
GENERAL
Only private individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (18 in most countries); and (b) have legal capacity to enter into contracts may sell their Watch to Watchfinder under these Conditions of Purchase.
If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make, age, existence of manufacturer box and/or paperwork and serial number (if available), by entering details on the ”Sell Your Watch” page on our Platform or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell.
When completing the “Sell Your Watch” process, you will be provided with an initial quotation by Watchfinder, which will be a preliminary and conditional quotation based on the information you have provided (the “Initial Quotation”).
Please provide information about your watch fully and accurately. The provision of inaccurate or misleading information by you may result in an inaccurate Initial Quotation which cannot be relied upon by you.
We will contact you with the Initial Quotation via email, telephone or online notification. If you do not, or are unable to, receive your Initial Quotation, please contact our Purchasing team.
Any Initial Quotation is provided on a "subject to contract" basis and is not legally binding. We reserve the right to amend or withdraw the Initial Quotation at any time, for any reason, without liability to you. When you are provided with an Initial Quotation, you will also be provided with a duration in which to accept the Initial Quotation. Failure to accept the Initial Quotation during this period will result in the Initial Quotation becoming invalid, unless agreed in writing by us.
Watchfinder endeavours to be as transparent as possible when applying any fees to your transaction. A minimum servicing fee will apply to all Sell Your Watch transactions and will be shown to you at the Initial Quotation stage. This minimum servicing fee will cover the cost of pre-sale servicing work that all Watchfinder watches must undergo (including, but not limited to, cleaning of the watch by our in house professionals).
On receipt of your watch at our servicing centre your watch will be subject to physical inspection and due diligence checks, the latter of which will include a search through any lost and stolen databases or registers. Please note that should your watch match an item on a database or register of stolen watches, whether internal or external, then Watchfinder may be legally bound to secure the watch and, where necessary, to inform local law enforcement. In this event, no payment or credit will be made and you may be required to contact the owner of the relevant register and/or local law enforcement to resolve the matter directly.
Upon conclusion of satisfactory due diligence checks and physical inspections, we may provide a final offer to you, which will be Watchfinder’s formal offer to purchase your Watch from you (the “Final Offer”). In the event we decide to proceed with offering you a Final Offer, you will be provided, on the Final Offer notification, a duration in which you will have to accept the Final Offer before it becomes invalid. Any extension of this time will be solely at our discretion. You will be informed of your Final Offer by email, telephone, or online notification on your Watchfinder account. A non-accepted Final Offer can be withdrawn or amended at any time by Watchfinder without incurring any liability to you.
Should we decide not to proceed with the purchase we will arrange to return the watch to you, unless we are legally prevented from doing so.
The Final Offer may differ to the Initial Quotation for reasons including, but not limited to: (i) the watch does not fully comply with the information provided during the Initial Quotation process; or (ii) the condition is such that the watch requires servicing work to bring it to a sellable condition; or (iii) other relevant factors not previously disclosed which affect the valuation.
In the event that your watch requires additional servicing for Watchfinder to purchase your watch, Watchfinder will list the cost of the servicing, including detail as to what servicing works or replacement parts are required.
Prior to the completion of the contract with us, you hereby consent to any of the box and/or paperwork that contain your personal information (for example a warranty card bearing your name) being shared with a prospective Watchfinder customer. If the box and/or paperwork contains third party personal information, you warrant that you have received the appropriate consents to share that information with a prospective Watchfinder customer and agree to indemnify us in full for any third party claims against us in relation to the sharing of that third party data upon a subsequent sale by us of your watch.
The contract between us will only be formed when you have accepted the Final Offer. You reserve the right to accept or reject any Final Offer proposed to you. Watchfinder accepts no liability in the event that the Final Offer does not meet your personal expectations.
The type of transaction you are entering into makes up a material and fundamental part of the Initial Quotation or Final Offer provided. In the event that the transaction changes, for example from a part-exchange transaction to a direct purchase, Watchfinder reserves the right to amend any quote or valuation given to you previously without any liability towards you. Watchfinder may on occasion offer different prices for a part-exchange.
You can keep track of the purchase process by logging into your Watchfinder account. We will also endeavour to keep you regularly updated by e-mail.
Time is not of the essence for Watchfinder to complete any of its obligations set out herein.
It is always possible that despite our best efforts, we provide you with an incorrect Initial Quotation and/or Final Offer. If for some reason an error in the Initial Quotation and/or Final Offer has occurred, we will rectify the Initial Quotation and/or Final Offer as soon as reasonably practicable after notification of the mistake. If the error is obvious and unmistakeable and could have reasonably been recognised as a mispricing, we do not have to buy the watch from you at the incorrect price notwithstanding your acceptance of any Final Offer. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by human error or system failures.
You can keep track of your “Sell Your Watch” process within your Watchfinder account.
The prices quoted by us and all payments made by us will be in USD, unless we have agreed otherwise. The price quoted will be net of any deductibles (including but not limited to servicing fees), Any deductibles will be detailed to you prior to accepting the Final Offer.
In the event you reject an Initial Quotation or Final Offer, you will not incur any of the servicing fees quoted.
We will make payment to the bank account advised by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.
Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.
We will not make any payments to third parties and will only make 1 payment.
International sellers may be subject to an additional bank charge.
Watchfinder reserves the right to set off any amount owed to it by you in the purchasing process of your Watch.
Please see the Part-Exchange section below for information on Part-Exchange transactions.
The price quoted excludes import duties or other taxes, fees and charges that may be applicable.
You will pay all amounts due under these Conditions of Purchase in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
Following the acceptance of the Initial Quotation, you will be presented with options on how and where to send your watch to us for due diligence and physical inspection. These options will typically include:
(collectively, the “Delivery Methods”)
The watch will be your responsibility until received by us at our premises or received by our appointed courier in the event we have provided you with, and you have used, a pre-paid shipping label, at which point it will become our responsibility.
Watchfinder is not obliged to provide you packaging under any circumstances.
It will be your responsibility to appropriately pack your watch. We do not accept any liability for damage, loss, or non-receipt if, in our reasonable opinion, the watch was not packed properly prior to handing the parcel to our appointed courier or to us/our premises.
You agree to follow all reasonable instructions, written or via telephone, we provide when following any of the Delivery Methods.
We will endeavour to inform you as soon as reasonably practicable when your watch has been received
Home Collection is subject to availability, depending on your location.
Risk and title
Your Watch will be our responsibility from the time we, or our appointed courier, receive the watch.
In the event that the watch is returned to you, responsibility will pass back to you upon delivery to your given location.
Ownership of the watch will pass from you to us when the contract has been completed between us, namely when you have accepted the Final Offer.
If you are based outside of the USA, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your Watch incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your Watch in this regard. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your Watch to us. We shall not be liable to you if you fail to comply with these obligations.
You will ensure that the Watch will:
You undertake that:
Information supplied by you
Title
the Watch is your property and that you are entitled to sell the Watch free from any charge, lien, burden or adverse claim, including any hire purchase or other credit arrangement. In particular:
Condition
Authenticity and provenance
Taxes Duties
You are fully responsible for any breach of the preceding conditions and remain so notwithstanding discovery of such breach by us.
If the Watch does not comply with and/or you are in breach of any of the undertakings set out in the “Your Undertakings” section and/or of any other of your obligations under the contract, then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the Watch:
In addition to our Remedies set out above you agree to indemnify us and hold us harmless against all liabilities, claims, losses, damages, fines, costs (including legal/other professional costs and any taxes or duties of customs and excise and any penalties or interest relating thereto) and expenses incurred by us as a result of or in connection with a breach of any of your obligations under the contract or any delay in your compliance with any laws, rules or regulations of any jurisdiction, including, but without limitation, any third-party claims arising from any infringement of your obligations under these Conditions of Purchase.
We may enforce these remedies at any point, to the maximum extent permitted at law, including after purchasing the watch.
A part-exchange will be formed from two elements:
The elements of a part-exchange transaction will be governed by these Conditions of Purchase and our Conditions of Sale, respectively.
We may consider if (a) or (b) under this clause does not proceed, or a respective obligation or undertaking is breached, the entire part exchange transaction may be voided.
Where the sales price for your watch exceeds the purchase price of the watch you are agreeing to buy from us, we will issue you with the appropriate credit by bank transfer, in line with ”Price and Payment” above.
Where the sales price of your watch is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.
Watchfinder may request further information from you from time to time. You must comply with all reasonable requests from Watchfinder to obtain further information on you or your watch.
Failure to complete any customer verification requests will result in the transaction being cancelled.
In order for us to offer you a Final Offer, we may need you to produce additional identification to us. Should this be the case, you agree to provide all relevant documentation reasonably requested by Watchfinder.
We reserve the right to cancel the purchase of your watch by us:
If we do cancel pursuant to this clause 13, we will contact you as soon as reasonably practicable to discuss the return of your watch to you.
In the event that upon inspection, we discover that your watch contains non-genuine parts, which in turn could represent such significance that the entire watch is adjudged as counterfeit, we will need to comply with all correct legal steps and processes to appropriately address the issues with the watch. We will endeavour to keep you informed during these processes but may be prohibited from doing so due to legal restrictions.
These terms and conditions, and other applicable documents, constitute the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. Save as mentioned above, you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.
Privacy
Please review our Privacy Policy at https://www.watchfinder.com/privacy-policy, which also governs all information you supply to us through our website or during the Sell Your Watch process.
We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.
Communications between us
If you wish to contact us in writing, or if any clause in these Conditions of Purchase requires you to give us notice in writing, you can send this to us by e-mail to Watchfinder at NewYorkOffice@watchfinder.com or by post to Watchfinder North America, Inc. (located at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America). We will confirm receipt of this by contacting you in writing, normally by e-mail.
Waiver
If we fail, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations under the contract or any of these Conditions of Purchase and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default of these Conditions of Purchase by you will not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions of Purchase will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
No Partnership or Agency
Except as expressly provided, nothing in these Conditions of Purchase is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorize a party to make or enter into any commitments for or on behalf of the other party.
Severability
If any court or competent authority decides that any of the provisions or paragraphs of these Conditions of Purchase or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining Conditions of Purchase, which will continue to be valid to the fullest extent permitted by law.
Third party rights
Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms.
Transfer of our rights and obligations
We may transfer our rights and obligations under these Conditions of Purchase to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Conditions of Purchase.
Events outside of our control
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (not involving Watchfinder employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
Our right to vary these Conditions of Purchase
We have the right to revise and amend these Conditions of Purchase from time to time.
You will be subject to our terms and conditions in force at the time that you submit you request an Initial Quotation from us , unless any change to those terms or conditions is required to be made by law or governmental authority, or if we notify you of the change to those terms or conditions before the Final Offer is accepted by you (in which case we have the right to assume that you have accepted the change to the terms and conditions by proceeding with the sale of your watch).
Governing law; Agreement to Arbitration of Claims
Arbitration Required, Except for Small Claims.
Any dispute, controversy or claim arising out of or related to the Conditions of Purchase, including the validity, invalidity, breach or termination of the Conditions of Purchase, or to any product purchased from Watchfinder through the Purchasing Channels, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or Watchfinder may assert claims in small claims court if such claims qualify.
Informal Dispute Resolution.
Before bringing any dispute in arbitration, you and Watchfinder agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
Jury Trial and Class Action Waiver.
You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Purchase. In addition, you and Watchfinder understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief if you are located in California.. You and Watchfinder agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding.
How Arbitration Works.
In order to file a complaint for arbitration after you and we have failed to resolve our Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support or call 1-800-778-7879. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with Watchfinder) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions.
As a consumer, nothing in these Conditions of Purchase will affect your statutory rights.
Contact us
When we refer, in these terms and conditions, to "in writing", this will include e-mail.
If you wish to contact us in writing, or if you have any questions or comments about these Conditions of Purchase, or matters generally, please contact us at NewYorkOffice@watchfinder.com or by post to Watchfinder North America, Inc. (located at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America). We will confirm receipt of this by contacting you in writing, normally by e-mail.
BUY BACK GUARANTEE
Your watch may be accompanied by our Buy Back Guarantee (if advised accordingly), which means that we guarantee to purchase your watch from you for a sum of at least the value stated in your buy back letter (the “Offered Price”) for the period two years following your purchase of the watch from us, subject to the following terms and conditions.
The Buy Back Guarantee is subject to us inspecting your watch and your watch being returned us in good and saleable condition with all associated boxes, paperwork, link(s) and all other components (where applicable), as given to you at sale. Any devaluation as a result of a missing box, paperwork, link(s) and/or components will lead to a deduction from the Offered Price, as determined in our sole discretion. Any servicing or refurbishment work deemed as necessary by us will be deducted from the Offered Price. In particular, we may make deductions from the Offered Price for wear of the watch strap, glass, clasp and other cosmetic damage, as well as normal wear-and-tear and damage caused to your watch by accidents, mishandling, mistreatment or negligence.
If you’ve been provided a “Part Exchange Only” Buy Back Guarantee, the amount paid will be offered only as credit in the form of a gift certificate against another stock item. You will not be paid in any other form, including without limitation by cash, cheque or bank transfer. Where the Offered Price is more than the purchase price of the watch you wish to purchase from us, we will not issue you any change. Where the Offered Price is less than the purchase price of the watch you wish to purchase from us, you must pay us the outstanding balance. The transaction will be subject to our usual ‘Buy A Watch’ and ‘Part-Exchange’ (please see ‘Sell Your Watch’) terms and conditions, as amended from time to time. If an order is cancelled, a credit note will be issued or your watch returned to you if not sold, at our discretion. Any subsequent purchases may not benefit from the Buy Back Guarantee. Please see 'Buy a Watch' clause 13(o) for further detail on credits.
In order to maintain your Buy Back Guarantee, you will need to return your watch to us at least once every 2 years from and including the date of purchase so that we may carry out a health check on your watch (date of purchase means the date that we receive full and cleared funds for the purchase price of your watch). Please note that for the purposes of your free health check, the earliest date on which we will accept your watch is one (1) calendar month prior to the relevant due date. We will endeavour to send you reminders prior to each health check due date, though are under no obligation to do so and the responsibility of date keeping is ultimately yours.
The Buy Back Guarantee will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and written consent.
The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of your watch. Any modification of your watch by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer will invalidate the Buy Back Guarantee.
If your health check reveals any issue with your watch that is covered by our Limited Warranty (please see our Watchfinder Limited Warranties for more information), then we will notify you accordingly and, only on your instruction, carry out our recommended works free of charge. We will not be liable for the costs of any service and/or repair work revealed as necessary following the health check carried out by us if such work is not covered by the terms of our warranty.
Please note that you must securely deliver the watch to our New York Showroom (645 Fifth Avenue, Fifth Floor, Olympic Tower, New York, NY, 10022 United States of America) as advised and appropriately insured, whether for the health check or to return your watch under the buyback scheme or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the USA and you have returned your watch to us for the free health check, we will not make a charge for the postage and packaging costs of returning the watch to you. We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for returning your watch to you if you are based outside of the USA.
Your Buy Back Guarantee is personal to you and is non-transferable. The terms of this Buy Back Guarantee are in addition to your legal rights.
WARRANTY
Watchfinder Limited Warranty
Scope. Our pre-owned watches are accompanied by a 24-month limited warranty (the "Limited Warranty") from the day you receive your watch, protecting your watch against manufacturing and mechanical defects, subject to the following terms and conditions. In the event of a valid claim against the Limited Warranty, we will either refund, repair or replace your watch, at our sole discretion. Time will not be of the essence for completion of any work carried out under this Limited Warranty.
Manufacturer Warranty. Our Limited Warranty does not include and is in addition to any original Manufacturer warranty. If your watch is returned to us due to a valid claim against our Limited Warranty while still protected by the manufacturer warranty, we reserve the right to proceed with the work through the manufacturer warranty in the first instance.
Your Warranty Info. The Limited Warranty will be registered to your current postal address. To ensure your Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient. Please see our Privacy Policy [LINK]. The Limited Warranty applies to the original purchase or gift-recipient from Watchfinder only and is not transferable.
Limitations and Exclusions. The Limited Warranty does not cover (a) theft or loss of your watch; (b) normal wear-and-tear, including wear of watch strap, glass, clasp and cosmetic damages; (c) damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions); (d) minor deviations in time-keeping that do not substantially impact usage; (e) water resistance, tightness and gaskets, including any damage caused by water ingress; and (f) damage to or failure of the watch strap, bracelet or clasp. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY EXCLUDES AND IS IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY FITNESS FOR A PARTICULAR PURPOSE.
Third-Party Repairs and Components. Your Limited Warranty will not apply to repair damage caused by a third party who carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent. The use of aftermarket or unauthorized components can severely compromise the technical performance, reliability and waterproofness of your watch. This Limited Warranty will not cover any damage caused by any modification of your watch, by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer.
Disputes. We have the final decision on all claims against our Limited Warranty. If any dispute arises in connection with the Limited Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our Limited Warranty, where such recommendations conflict with our advice.
Delivery. Please note that you must securely deliver the watch to our New York Showroom (at 645 Fifth Avenue, Fifth Floor, Olympic Tower, NY 10022, New York, United States, as advised and with full insurance, whether for the health check or to claim against your Warranty or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the United States and have a valid claim against the Limited Warranty, we will not charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement only). We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for work carried out under the Limited Warranty if you are based outside of the United States. Delivery of the watch will be completed when we deliver the watch to the address given in your order or when the watch is collected from our offices (by you or your representative). If you arrange for another courier to collect the watch, delivery will be completed when the watch is collected from our offices. This means that we will not be responsible if the watch is lost or damaged in the course of transit. If you are based outside of the United States, you may have to pay import duty or other taxes, fees and charges applied by customs or other authorities of your country for work done under Warranty, particularly if you do not correctly complete the relevant declarations.
Claim Submission. If you wish to make a claim against your Limited Warranty, please contact a member of our team by calling + 1 646 400 6632 or emailing NewYorkOffice@watchfinder.com.
Watchfinder Services Warranty
Scope. Any chargeable work (excluding without limitation work carried out under our Watchfinder Limited Warranty, described above) which involves a full service including a complete overhaul of the movement will entitle you to a 24-month limited warranty and guarantee with Watchfinder, protecting your watch against defects arising from our work (“Services Warranty”). Repairs will only be guaranteed to the extent of the exact work carried out. Your Services Warranty is valid from the date of completion of the work. Any work carried out under our Limited Warranty will not extend the warranty period.
Exclusions. We will not provide a warranty where work is completed by a manufacturer. The watch will be your responsibility from the completion of delivery. Our Services Warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions). In particular, components not fitted by us, battery replacements, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our Services Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS SERVICES WARRANTY EXCLUDES AND IS IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY FITNESS FOR A PARTICULAR PURPOSE.
Your Warranty Info. Your Services Warranty will be registered to your current postal address. To ensure your warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, e-mail address and telephone number. Your warranty is personal to you and is non-transferable, though may be transferred with our written consent, which will not be unreasonably withheld. The Services Warranty applies to the original purchase or gift-recipient from Watchfinder only and is not transferable.
Third Party Repairs and Components. Your warranty will not cover damages or harm caused in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent in writing.
Warranty Process. In the event of a claim against our Services Warranty, we will seek to repair your watch free of charge (excluding any parts necessary). You will need to notify us of your claim as soon as reasonably possibly after your discovery of a problem with your watch, and in any event no later than two (2) weeks after you first notice the problem. We will seek to complete the work within a reasonable period of time, but you acknowledge that a reasonable period of time may extend to several months when unavoidably caused by factors beyond our reasonable control, particularly given our reliance on third parties and the worldwide shortage of watchmakers.
Disputes. We have the final decision on all claims against our Services Warranty. If any dispute arises in connection with the Services Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our warranty, where such recommendations conflict with our advice.
Your Warranty is personal to you and is non-transferable.
Claim Submission. If you wish to make a claim against our Services Warranty, please contact a member of our servicing team by calling +1 646 400 6632 or emailing NewYorkOffice@watchfinder.com. You must comply with our delivery instructions, provided at the time you make a claim under the Services Warranty.
SERVICING
INTRODUCTION
These terms and conditions will apply to any contract between us for any work that either we carry out for you or we instruct to be carried out on your behalf. By requesting a quotation, you agree to these terms and conditions.
These terms and conditions should be read in conjunction with any other terms and conditions referred to in this document.
We draw your attention to clause 5(h) and 5(i) below where we are either unpaid or you fail to collect your watch within 12 months.
Please also ensure that you review clauses 4, 8 and 14 as they include important limitations on, and exclusions of, our liability for work carried out by us and third parties. If you do not accept this clause, please either arrange your own insurance or do not send your watch to us.
INTERPRETATION
-
The following definitions and rules of interpretation apply in these terms and conditions:
Refurbishment: a valet service of your watch to clean and restore shine.
Service: the servicing and/or repair of your watch, which may involve without limitation an overhaul of the movement, the addition or substitution of parts or other work.
Watch: the watch (or any part of it) that is the subject of the quotation of the Service and (if proceeded) the work.
Watchfinder warranty: the warranty provided by Watchfinder on the original sale of your watch to you.
We, us, our: Watchfinder North America, Inc. (incorporated in Delaware with a principle place of business at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America).
Website: the website at the domain www.watchfinder.com.
Work: servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or any other
You, your: the person or other entity that instructs us to carry out work on the watch.
- Clause headings shall not affect the interpretation of these terms and conditions.
- A reference to writing or written includes e-mail.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
WHAT TO EXPECT
- We will assess your watch on receipt to determine the scope of work required, unless your instructions are limited (for example, to add/remove links or to replace a battery only, in which case we will not carry out a full diagnostic investigation unless requested).
- We may need to dismantle your watch in order to determine the scope of work required, which you consent to by providing us with your watch (unless your watch is covered by a manufacturer warranty, in which case we will arrange for your watch to be sent to the manufacturer unopened unless you instruct otherwise).
- Once we have determined the scope of work required, we will provide you with a written quotation. No work will be started until you have accepted our quotation and given us permission to start work (see clause 7 regarding your right to cancel) in writing. If you choose not to proceed with the work, we will charge you for return postage (please see ‘Price and Payment’ below).
- Any quotation that we give either before receipt of your watch or before we have had an opportunity to carry out a full assessment of your watch, though given in good faith, is an estimate only. We may need to alter our quotation once we have carried out a full inspection.
- Although we carefully assess your watch on receipt to determine the scope and cost of work required, we reserve the right to charge for any unforeseeable work, additional parts or increase in the cost of parts. If this is necessary, we will notify you as soon as possible to obtain your consent.
- If you choose for your watch to be returned to you before completion of the work, we reserve the right to charge for work completed until the date you notify us of the same.
- We reserve the right (though are under no obligation) to refuse to carry out (or arrange to be carried out) any work on your watch for any reason (for example, because we feel that the work requested would prove detrimental to the character of the watch). We will inform you accordingly and provide you with a full refund if you have paid us in advance.
- All refurbishments must be accompanied by our service; we do not offer refurbishments as a standalone service. We will use reasonable care and skill in refurbishing your watch, which extends to all visible metal parts (including metal straps and cases) and may include plexi glass, but it may not be possible to remove some scratches, dents or marks. Unfortunately, there are certain materials that we cannot refurbish. We will need to inspect each watch to determine whether or not we can offer a refurbishment.
- Where in our opinion your watch requires replacement parts, we will fit only genuine and exact replacement parts whenever possible. If we are unable to do this, we will obtain your consent to use non-genuine parts before proceeding, in accordance with BHI guidelines.
- If work carried out on your watch involves the replacement of components and you request the return of the original components to you, we will use reasonable endeavours to comply with your request though are under no obligation to do so. In particular, we have no control over third parties including manufacturers to ensure such requests are met. Many manufacturers will only supply parts on an exchange basis.
- If at any time we need to take your instructions/obtain your consent under these terms and conditions, we may do so either orally or in writing, though we reserve the right to request that you confirm your instruction in writing before we proceed.
- Without prejudice to clause 4(e), we will carry out all work with reasonable care and skill.
TIME FOR COMPLETION OF WORK
- We shall perform the Services within a reasonable time taking into account our reliance on third party provider and use reasonable endeavours to meet any anticipated completion date where given. All dates quoted for completion of the work are estimates only and you acknowledge that a reasonable time for completion of the work may extend to several months for factors outside of our reasonable control, for example where manufacturer involvement is necessary (including without limitation in the sourcing of genuine and non-genuine parts).
- Some jurisdictions do not allow a complete exclusion for delay, so the clause above may not apply to you, provided always that we will not be responsible for any loss of profit, or any indirect or consequential loss where the delay stems from causes beyond our control, including without limitation a delay caused by a manufacturer.
EXTERNAL WORK
- If we are unable to carry out work on your watch in our workshop (for example, because your watch is still covered by its original manufacturer warranty or because we cannot source the essential parts required for your watch), we may need to outsource your watch to a manufacturer.
- If we need to send your watch to a manufacturer, this is likely to increase the cost (unless completed under warranty) and time for completion of the work. We will only send your watch to a manufacturer with your consent.
- We will provide you with a copy of the manufacturer’s quotation as soon as possible after receipt by us for your approval, either orally or in writing. You acknowledge that we act as an intermediary only and that we have no control over their quotation and any additional charges incurred.
- If you do not accept the manufacturer quotation and choose not to proceed with the work, an administrative charge may be applied by them. We will seek to warn you in advance where possible of potential administrative charges, but in any event you agree to reimburse us any such charges.
- While we will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in the third parties we instruct to carry out work on your watch on your behalf and to comply with your requirements, you accept and agree that we give no warranty, including without limitation any implied warranty of merchantability or fitness, as to the suitability of any third party for any work.
- Without prejudice to clause 8(a), we do not accept any liability whatsoever in relation to the work carried out by manufacturers.
- You may benefit from a warranty provided by the manufacturer. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. We do not guarantee the work carried out by third parties.
- If you are a consumer, a manufacturer’s warranty is in addition to your legal rights.
PRICE AND PAYMENT
- The price you pay depends on the work that either we or a third party agree to carry out on your behalf.
- A servicing quotation is available on request. Please contact a member of our team in relation to any other work.
- If you have a valid warranty claim, then we will carry out the work free of charge, subject to our our ‘Warranty’ clause.
- The price quoted to you is in United States Dollars (“USD”) unless advised differently. You will be responsible for the exchange rate and you are advised that any refunds may be affected by such exchange rate. Payments must be made in USD and any refunds will only be issued in USD.
- The price quoted does not include Sales Tax. However, if the rate of Sales Tax changes between the date of the quotation and the date of delivery or performance, we will adjust the rate of Sales Tax that you pay for work to be carried out by us, unless you have already paid for the work in full before the change in the rate of Sales Tax takes effect.
- The price for the work excludes shipping and handling costs (between us and you and between us and the manufacturer if applicable), which will be added to the total amount due (please see ‘Delivery’ below).
- If you are based outside of the USA, a courier will be selected at our discretion and postage and insurance costs will be payable by you.
- All fees due to us must be paid by you before we can arrange to return your watch to you. Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.
- We reserve the right (without prejudice to our other rights and remedies) to sell any uncollected or unpaid watches 12 months after the completion date to recover the outstanding money owed to us. We will notify you of the same at least one month before we seek to exercise this right. We will deduct money outstanding to us and our administrative charges in exercising this right from the sums achieved, and seek to return any balance to you (provided you give us your current bank details).
WARRANTY
DELIVERY
- You must send your watch to Watchfinder North America, Inc., 645 Fifth Avenue, Olympic Tower, New York, NY, 10022, unless advised differently. Postage, packaging and insurance will be your responsibility and at your cost (we recommend you follow our instructions, including by using a tracked mail system and retaining proof of postage). Please ensure that you pack your watch appropriately to prevent damage during transit.
- We will return your watch to you by FedEx.
- If you are based in the USA and have a valid claim against our warranty, we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement and/or link addition or removal only, which in any event is not covered under warranty). If you are based outside of the USA, we will charge for postage, packaging, insurance and all other taxes, fees and charges applied by customs incurred for work carried out under warranty. In all cases, you remain responsible for ensuring that you pack your watch appropriately to prevent damage during transit.
- Delivery of the watch will be completed when we deliver the watch to the address you gave us or you collect the watch from us (we require ID for collections). Please note that if you arrange for your own courier to collect your watch or choose another postal method, delivery will be completed when the watch is collected from our offices.
- Please see clause 8 below in relation to our maximum liability. We recommend that you check your household insurance policy to ensure that your watch is covered whilst it is with us and whilst in transit back to you, or arrange an appropriate extension to your policy.
- Risk in the watch will pass to you on completion of delivery.
- If you are based outside of the USA, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
YOUR RIGHT TO CANCEL
- You have a right to cancel this contract without giving any reason. The period will expire 14 days from the day after you agree to our quotation to carry out the service or 14 days after your watch is returned following a service where we have also supplied parts (“Cancellation Period”). When you agree to our quotation we will also ask your permission to start work during the Cancellation Period - see clauses 8(d) & 8(e) below
- To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team (aftersales@watchfinder.co.uk). You can call 01622 621388, fax 01622 919979 or write to us at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022.
- To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired
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If we are carrying out a service which includes supplying parts, and you have given us permission to start work on your watch during the cancellation period, you will pay us an amount which is in proportion to the work that we have completed up to when you communicated us your cancellation from this contract, in comparison with the full price of the contract. If we have completed the work you will have to pay our full labour costs. With regard to any parts that we have supplied:
- We may make a reduction in any reimbursement for the price of the parts to take account of any loss in value due to them being fitted into your watch
- You shall send the parts back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the parts before the period of 14 days has expired
- Provided that you comply with the terms of this clause 7, you will be reimbursed within 14 days of the date we receive the returned parts or from when we receive proof that you have sent the parts back to us, whichever is the earliest. We will make the reimbursement using the same means of payment as you used for the initial transaction in any event you will not incur any fees as a result of the reimbursement
OUR LIABILITY
- Subject to the clauses 8(c), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of or damage to goodwill; (vi) loss of use or corruption of software, data or information; or (vii) any indirect or consequential loss arising under or in connection with work carried out under these terms.
- Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential loss, so the above exclusion at clause 8(b) (vii) may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you instructed us to proceed the work. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- In the event that we lose your watch, we will endeavour to replace your watch like for like. If we are unable to replace your watch, we will reimburse you to our assessed value of the watch. If we damage your watch, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of your watch if we have been negligent
- Without prejudice to clauses set out above, we shall not be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with: (i) a failure by you to reclaim or pay for your watch within 12 months of the date of completion of the work; (ii) any sentimental or other non-commercial value stated by you to attach to your watch; (iii) the mechanical workings of your watch, either whilst the watch is in our possession or after work has been completed on your watch, unless you instruct us to carry out a full service of your watch which includes a complete overhaul of the movement; (iv) components not replaced by us; (v) any refusal by a manufacturer or other parties to carry out work under warranty or otherwise as a result of work carried out by or on behalf of us (including without limitation due to the addition of non-genuine parts with you consent); (vi) work carried out by us or others where you have been warned by us that such work may damage your watch, where you have nevertheless provided your consent for the work to be carried out; (vii) the instruction by us to a third party for work to be carried out on your watch on your behalf; (viii) any that was not caused by our breach of these terms; or (ix) any damages occurring during delivery to or from our service facility.
- Our total liability to you in respect of all other losses arising under or in connection with work carried out on your watch, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of $1000.00 or the market value of your watch as estimated by us (whichever is lower).
- Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
WAIVER
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
SEVERABILITY
ENTIRE AGREEMENT
THIRD PARTY RIGHTS
EVENTS OUTSIDE OF OUR CONTROL
NO PARTNERSHIP OR AGENCY
COMMUNICATIONS BETWEEN US
- If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by post to NewYorkOffice@watchfinder.com or Watchfinder North America, Inc. (incorporated in Delaware with a principal place of business at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America. We will confirm receipt in writing, usually by e-mail for expediency.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you proceeded your work with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
- No other variation of these terms and conditions shall be effective unless it is in writing signed by the parties (or their authorized representatives).
GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Terms, including the validity, invalidity, breach or termination of the Terms, or to any product purchased from Watchfinder, will be resolved by binding arbitration, rather than in court, except that a consumer or Watchfinder may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Terms. In addition, you and Watchfinder understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Watchfinder agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with IWC Schaffhausen) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
- Before bringing any dispute in arbitration, you and Watchfinder agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Terms or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
OUR DETAILS
Chargeable services work is guaranteed by our Watchfinder Services Warranty. For more information, please see our Watchfinder Limited Warranties.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and all other documents referred to in these terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms.
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities. This does not affect your legal rights.
Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorize a party to make or enter into any commitments for or on behalf of the other party.
Watchfinder North America, Inc. (incorporated in Delaware with a principal place of business at 645 Fifth Avenue, Olympic Tower, New York, NY, 10022 United States of America) with company registration number 55-0827853.
If you are a consumer, nothing in these terms and conditions will affect your legal rights.
PROMOTIONAL AND DISCOUNT CODES
Watchfinder may, from time to time, issue promotional codes for discounts and other promotions on select Watchfinder products (“Promo Codes”).
- All Promo Codes must be used within the time frame provided for on the communication of the Promo Codes. Unless otherwise agreed by Watchfinder in writing, Promo Codes are limited to one use, are non-transferrable and no cash alternative will be provided. Any other specific terms of Promo Codes will be provided on each issuance of a Promo Code.
- To receive the benefit of the Promo Code, you must fulfil any specific criteria set out on the communication of the Promo Code (example: sign up to our newsletter before a certain date), if any, and enter a valid Promo Code in the relevant box at the online checkout. You may be able to use Promo Codes in one of Watchfinder’s local stores, if set out in the specific Promo Code communication. To do so, please quote the valid Promo Code when in store to activate it.
- Unless Watchfinder agrees otherwise, Promo Codes cannot be used in conjunction with any other discount, promotion or offer run by Watchfinder.
- Watchfinder reserves the right to suspend or revoke any Promo Codes at any time without notice to you.
- Promotional discounts apply to US residents only
MAKE AN OFFER
Where the ‘Make an Offer’ option appears on our website, you may make an offer to buy the watch in question subject to the following terms and conditions:
- We are under no obligation to accept the highest or any offer made.
- Offers exclude shipping and handling costs and all other charges, including but not limited to any credit card charges.
- We endeavour to respond to all offers within 2 hours of the offer being made during normal working hours. However, time is not of the essence and if Watchfinder does not respond to you within 2 hours, the offer will remain valid.
- If we decline your offer, we may contact you in order to make a counteroffer.
- If we accept your offer, you are required to complete the transaction.
- If we accept your offer, our Buy a Watch terms and conditions will apply.
PRICE PROMISE
These terms and conditions (the “Terms”) outline the basis on which Watchfinder North America, Inc. (“Watchfinder”, “us”) may make an offer lower in value than that of the advertised price of a watch on sale (“Advertised Watch”) from an Authorized Watch Retailer (as defined below) for an equivalent watch on www.watchfinder.com (the “Price Promise”).
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- The Price Promise may only be used for an Advertised Watch sold directly by a reputable (in Watchfinder’s reasonable opinion) watch retailer, via any reputable platform (an “Authorized Watch Retailer”) that is operating in the United States of America and must be in the equivalent currency as Watchfinder’s watches.
- The Price Promise will not apply if the Advertised Watch is being sold by a private individual, an outlet or factory store, membership-exclusive deals or auction prices.
- The Price Promise will not be applicable for Advertised Watches included a promotion or are discounted when an offer-code is applied with the Authorized Watch Retailer.
- The Price Promise may be applied multiple times against any valid Advertised Watch up until the point of sale if a less expensive Advertised Watch is found. For example: if a less expensive, alternative, Advertised Watch is found after the initial Price Promise has been agreed to, Watchfinder will, pursuant to these terms, lower the original offer so it is less expensive than the new, lower, price of the Advertised Watch.
- The Price Promise will not be applicable, and Watchfinder has no liability under the Price Promise, if a less expensive, alternative, Advertised Watch is found after the Watchfinder watch has been sold. No cash, refund (notwithstanding your standard consumer rights) or alternative payment will be available in this instance.
- The Advertised Watch must be identical in brand, model number, functionality and materials used in all elements of the watch.
- The Advertised Watch must be in stock and available for immediate purchase and delivery processing from the Authorized Watch Retailer and Watchfinder.
- Watchfinder reserve the right to refuse the Price Promise if it is uneconomical for us to beat the price of the Advertised Watch due to additional costs including, but not limited to, delivery costs, customs and import/export duties and applicable taxes. For example, if the sales price of the Advertised Watch is exceedingly low, with a higher-than-normal delivery cost, the Price Promise will not apply.
- The Price Promise will not be applicable if there is a clear and identifiable typographical error on the Authorized Watch Retailer’s advertising.
- You will be responsible for evidencing the Advertised Watch’s current, lower price to Watchfinder’s satisfaction. Evidence shall include, but is not limited to, as requested by Watchfinder: a URL to the web page of the Advertised Watch; written evidence of the value of the Advertised Watch from the seller; or the contemporary, valid and existing advertisement that details the value of the Advertised Watch.
- The Advertised Watch must be accompanied by a manufacturer or Authorized Watch Retailer warranty.
- The Advertised Watch must be accompanied by at least the equivalent watch box and warranty documentation as the equal watch would have on Watchfinder (for example: if there the original manufacturer warranty is still applicable on Watchfinder’s watch but not the Advertised Watch, this would not qualify for the Price Promise).
- The condition of the Advertised Watch must not significantly deviate from Watchfinder’s watch. The decision on the condition of the Advertised Watch will ultimately be Watchfinder’s.
- The Advertised Watch must be newer or no older than six (6) months older than Watchfinder’s watch.
- The Price Promise will not include any postage, packaging or administrative fees.
- Any transaction made using the Price Promise, including by how much Watchfinder will lower the price of their watch below the Advertised Watch’s advertised price, will ultimately be at Watchfinder’s discretion.
- Watchfinder reserve the right to refuse the Price Promise against an Advertised Watch that you have already made payment towards (this includes any part-payments or deposits towards a watch).
- Watchfinder reserves the right to withdraw the Price Promise at any time.
Any transaction completed pursuant to the use of the Price Promise will be subject to, and these Terms shall be governed (including Governing Law and Jurisdiction at clause 27) in accordance with Watchfinder’s “Buy a Watch” terms and conditions, found here: https://www.watchfinder.com/terms-and-conditions.
Nothing in these Terms will affect your statutory rights.
Black Friday - Early Access
The Black Friday - Early Access (the "Sale") will be subject to these Terms and Conditions:
- This Sale is run by Watchfinder 645 Fifth Avenue Fifth Floor (“Watchfinder”).
- This Sale is available online, on our website, and in any Watchfinder boutique and will consist of discounted Eligible Items (as defined below).
- These terms and conditions supplement Watchfinder’s standard terms and conditions of sale on Watchfinder’s website. In the event of any conflict between these terms and conditions and our standard terms and conditions of sale, these terms and conditions shall prevail.
- The Sale discount will be applied automatically at the checkout to eligible items that are on the Sale landing page: https://www.watchfinder.com/promo/black-friday-2024 (“Eligible Items”).
- The Sale discount is available on Eligible Items ordered from 11/20/2024 4:02 PM GMT, up to and including 11/25/2024 8:00 AM GMT.
- Watchfinder will alternate the stock within the Sale from time to time and reserves the right do so without prior notice.
- This discount cannot be combined with any other promotion, discount or offer, unless agreed in writing by Watchfinder.
- This discount is non-transferable, non-exchangeable and no cash alternative is offered.
- Each discount on the Eligible Items is set on an individual basis by Watchfinder.
- Watchfinder reserves the right to cancel, suspend, or modify the operation and conduct of this Sale at any time without notice.
- For more information on how Watchfinder 645 Fifth Avenue Fifth Floor uses your personal data, please refer to our Privacy Policy.
- Nothing in these terms and conditions affects your statutory rights.
DROP 7
The DROP 7 (the "Sale") will be subject to these Terms and Conditions:
- This Sale is run by Watchfinder 645 Fifth Avenue Fifth Floor (“Watchfinder”).
- This Sale is available online, on our website, and in any Watchfinder boutique and will consist of discounted Eligible Items (as defined below).
- These terms and conditions supplement Watchfinder’s standard terms and conditions of sale on Watchfinder’s website. In the event of any conflict between these terms and conditions and our standard terms and conditions of sale, these terms and conditions shall prevail.
- The Sale discount will be applied automatically at the checkout to eligible items that are on the Sale landing page: https://www.watchfinder.com/promo/drop7 (“Eligible Items”).
- The Sale discount is available on Eligible Items ordered from 2/13/2024 12:17 PM GMT, up to and including 12/1/2027 12:59 AM GMT.
- Watchfinder will alternate the stock within the Sale from time to time and reserves the right do so without prior notice.
- This discount cannot be combined with any other promotion, discount or offer, unless agreed in writing by Watchfinder.
- This discount is non-transferable, non-exchangeable and no cash alternative is offered.
- Each discount on the Eligible Items is set on an individual basis by Watchfinder.
- Watchfinder reserves the right to cancel, suspend, or modify the operation and conduct of this Sale at any time without notice.
- For more information on how Watchfinder 645 Fifth Avenue Fifth Floor uses your personal data, please refer to our Privacy Policy.
- Nothing in these terms and conditions affects your statutory rights.
TERMS OF WEBSITE USE
Last updated: December 2018
About Watchfinder and these Terms of Website Use
Watchfinder.co.uk Limited has its registered offices at 15 Hill Street, London W1J 5QT, United Kingdom. The Platforms are owned and edited by Watchfinder.
These Terms of Website Use govern your use of Watchfinder websites and mobile applications (together the “Platforms”). In these Terms of Website Use, we use the term Watchfinder (and "we", "us" and "our") to refer to the head office of Watchfinder at the registered address above and its affiliates.
Please read these Terms of Website Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Website Use. If you do not agree to these Terms of Website Use, then you are not authorized to continue use of the Platform.
Updates to these Terms of Website Use
We may make changes from time to time to these Terms of Website Use so please check back regularly to keep informed of updates. The latest version of these Terms of Website Use will always be available on the Platform. Any new version of these Terms of Website Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Our Privacy Policy
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
Watchfinder e-Boutique – Terms and Conditions
Customers selling products to Watchfinder or purchasing products from Watchfinder online or by phone through the Watchfinder Client Relations Centre must read the Terms and Conditions, which will govern the terms and conditions of any such sales or purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone; please refer to the Terms and Conditions for the relevant exclusions and limitations of liability.
Use of materials on the Platforms
Watchfinder has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Watchfinder products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Watchfinder cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our boutiques or authorized retailers prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Watchfinder Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Watchfinder Material in any way for any public or commercial purposes. Furthermore, Watchfinder Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Website Use, your permission to use Watchfinder Material will automatically terminate and any copies made of Watchfinder Material must be immediately destroyed. Any unauthorized use of Watchfinder Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns communications sent to Watchfinder. It does not concern the communication of personal information to Watchfinder in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Watchfinder via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Watchfinder. By sending communications to Watchfinder, you automatically grant Watchfinder a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Watchfinder and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Limitation of liability
This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.
Watchfinder tries to ensure that the information provided is accurate and complete. However, Watchfinder does not warrant or represent that Watchfinder’s Material is accurate, error-free or reliable or that use of Watchfinder Material will not infringe rights of third parties.
Watchfinder does not warrant that the functional and/or technical aspects of the Platforms or the Watchfinder Material will be error free or that the Platforms, Watchfinder Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Watchfinder Material results in the need for servicing or replacing property, material, equipment, data or other element, Watchfinder is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Watchfinder and its suppliers make no warranties about the Watchfinder Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Watchfinder shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Watchfinder has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Watchfinder trademarks or are licensed for use by Watchfinder by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Watchfinder’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
Copyright notice
All content (including Watchfinder Materials) on the Platforms are either Copyright © Watchfinder or are licensed for use by Watchfinder. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to Watchfinder. The inclusion of any link to such third party sites does not imply endorsement by Watchfinder of those sites. Watchfinder has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Watchfinder does not authorize linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and suspension
You agree that Watchfinder may terminate or suspend your access to and use of the Platforms if Watchfinder reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Website Use, or violated the rights of Watchfinder, its affiliated companies or any third party, with or without notice to you. You agree that Watchfinder may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Watchfinder will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Website Use.
General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Watchfinder’s products and services and in certain cases to present products for sale via a variety of means. Watchfinder makes no representation that Watchfinder Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Watchfinder Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Website Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Website Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Website Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Website Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Watchfinder of a breach of any provision of these Terms of Website Use will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable law and jurisdiction
These Terms of Website Use shall be governed by and construed in accordance with the laws of England & Wales, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Website Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Website Use. Where the laws of England & Wales are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
Contact us
If you have any questions or comments about these Terms of Website Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
legal@watchfinder.co.uk