Terms & Conditions

The following terms govern any purchase of a Product(s) made by a Business Purchaser from the Website and/or the Marketplaces (the “Terms”).

A. Your Order

Website purchases

Your order shall constitute an offer to us to purchase the Product(s) specified in the order. We may accept or decline the order. Please note that acknowledgement of an order by us does not constitute acceptance of that order or that a contract has been made. We will confirm acceptance to you by email stating that the order is accepted and that the Product is ready for dispatch or has been dispatched (“Order Confirmation”) at which point a contract will come into existence between you and us. We reserve the right to (i) refuse any order you place with us, and/or (ii) limit the sales of our Products to any person, geographic region or jurisdiction, and/or (iii) to cancel an order before the Products are delivered, for example, due to an event outside our control or the unavailability of stock or due to an online price error or if the product, despite appearing on the Website, has been discontinued and is no longer available. We will contact you as soon as possible if this happens.

Marketplace purchases

After you place a request for Product(s) on a Marketplace we may respond by notifying you that we have the relevant Product(s) available to sell to you (“Acknowledgement”). You may then choose whether to offer to purchase those Product(s) from us. We may then choose whether to accept or reject your offer. If we choose to accept your offer, we will email you stating that your order has been processed and that the Product is ready for dispatch or has been dispatched (“Order Confirmation”) at which point a contract will come into existence between you and us.

We reserve the right to (i) amend the terms contained in our Acknowledgement including, for the avoidance of doubt, the price of the relevant Product(s), and/or (ii) to cancel an order purchased via a Marketplace before the Products are delivered, for example, due to an event outside our control including the unavailability of stock or due to an online price error. We will contact you as soon as possible if this happens.

All Purchases

These Terms apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of these Terms nor have any contractual force.

A quotation for the Products given by us shall not constitute an offer. A quotation shall only be valid for a period of 3 Business Days from its date of issue.

We may, in our sole discretion, limit or cancel quantities purchased. This might be because the Product is out of stock, because we have identified an error in the price or description of the Product (including where we have provided such price or description to you following a Marketplace request) or because we are unable to meet a delivery deadline. If we are unable to accept your order or we need to cancel your order, we will inform you of this (using the contact details provided at the time the order was made) and will not charge you for the Product, or, if you have already paid for the Product(s), we shall refund the payment within 7 working days (unless, we reasonably suspect a fraudulent card payment). We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other party purchasing the product(s) without also having a corresponding purchase order from an end consumer.

You agree to provide current, complete and accurate information for all purchases made on the Website or via a Marketplace. You agree to promptly update your account and other information, including your business email address and business credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

B. Products

All descriptions, images or illustrations of Products provided on this Website or otherwise communicated to you (including where an offer is communicated to you via a Marketplace) are for guidance only and intended merely to present a general idea of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Product you purchase may vary slightly from those images.

We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.

Certain Products may be available exclusively online through the Website or exclusively at our shop. Please get in touch for more information at info@watchesofmayfair.com .

Except as provided for in paragraph C below you agree that you have no right to return any Products once we have notified you that the Products are ready for delivery.

C. Quality

We warrant that on delivery the Products shall conform in all material respects with their description; and be free from material defects in design, material and workmanship.

Subject to the paragraph below, if:

• you give notice in writing to us within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out above;
• we are given a reasonable opportunity of examining such Products; and
• you (if asked to do so by us) return such Products to our place of business at your cost,

we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.

We shall not be liable for the Products’ failure to comply with the warranty given above in any of the following events:

• you make any further use of such Products after giving notice in accordance with the paragraph above;
• the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
• the defect arises as a result of us following any drawing or design supplied by you;
• you alter or repair such Products without our written consent;
• the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
• the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

Except as provided in this paragraph C, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out above.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.

These Terms shall apply to any repaired or replacement Products supplied by us.

D. Price and payment

The prices of the Products shall be as quoted on the Website from time to time or as notified to you following our response to your Marketplace request, except in the case of an online price error. All prices on the Website include details of the United Kingdom VAT that is payable and are exclusive of any applicable postage/delivery charges.

We may, by giving notice to you at any time before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:

• any factor outside of our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
• any request by you to change the delivery date(s), quantities or types of Products ordered, or the any specification (where applicable);
• any delay caused by any instructions given by you or your failure to give us adequate or accurate information or instructions.

We will provide you with a pro forma invoice alongside the Order Confirmation and we will provide you with a final invoice at the time of dispatch of the Products. You must pay each invoice submitted by us within 30 days of the date of the invoice and the Products will not be dispatch until they have been paid for in full.

If we discover an error in the price of Products ordered or reserved (an online price error), we will inform you as soon as possible (e.g. prior to the Products being despatched or in store prior to the collection of the Products). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the Products you will receive a full refund. Please note that only the following payment methods are accepted for payment: Visa, Visa Electron, Mastercard, American Express, Delta, Solo, JCB, PayPal and Direct Bank Transfer. For more information see Payments & Security.

We reserve the right at any time to modify or discontinue our supply of the Products via the Website without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of these Products.

All amounts due under the contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

E. Delivery

We shall deliver Products ordered by you through a courier or postal service of our choice to the delivery address that you have given us. We shall deliver the Products to the to the delivery address that you have given us at any time after we notify you that the Products are ready. Delivery is completed on the completion of unloading of the Products at the delivery address that you have given.

We deliver within the UK, EU and internationally. We do not ship to Afghanistan, Angola, Belarus, Bosnia & Herzegovina, Burundi, Central African Republic, Democratic Republic of Congo (DRC), Cote d’Ivoire (Ivory coast), Crimea, Cuba, Egypt, Eritrea, Ethiopia, Guinea-Bissau Haiti, Iran, Iraq, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Moldova, Montenegro, Myanmar (Burma), Nicaragua, Nigeria, North Korea, Republic of Guinea, Russia, Rwanda, Serbia, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Venezuela, Yemen, Zimbabwe, and any other country where their local legislation decrees insurance must be effected locally.

Please note that customs, duty and import fees (including tariffs and tax) (“Fees”) may apply if the Products purchased are shipped to a destination outside of the United Kingdom. These Fees are not included in our delivery charges. Our Products are delivered duty unpaid.

Delivery charges:

The following delivery charges apply on a per Product basis –

1. UK – free
2. EU (except Germany), Switzerland, Norway, Andorra, Lichtenstein, Channel Islands – free
3. Rest of World - GBP £140 (EUR €150, USD $170)

Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by an event outside of our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement products of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver the Products to the extent that such failure is due to an event outside of our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

If you fail to accept delivery of the Products within seven business days of us notifying you that the Products are ready, then, except where such failure or delay is caused by an event outside of either part’s control or your failure to comply with its obligations under the contract:

• delivery of the Products shall be deemed to have been completed at 9.00 am on the seventh business day after the day on which we notified you that the Products were ready;
• we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).

If fourteen business days after the day on which we notified you that the Products were ready for delivery you have not accepted actual delivery of them, we may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, charge you for any shortfall below the price of the Products.

F. Title and risk

The risk in the Products shall pass to you on completion of delivery. Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products.

Until title to the Products has passed to you, you shall:

• store the Products separately from all other Products held by you so that they remain readily identifiable as our property;
• not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
• maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
• give us such information as we may reasonably require from time to time relating to:
  • the Products;
  • your ongoing financial position.

G. Limitation of liability

The restrictions on liability in this paragraph G apply to every liability arising under or in connection with the contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Nothing in the contract limits any liability which cannot legally be limited, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979;
• defective products under the Consumer Protection Act 1987.

Subject to the above paragraph, our total liability to you shall not exceed £5,000 and the following types of loss are wholly excluded:

• loss of profits;
• loss of sales or business;
• loss of agreements or contracts;
• loss of anticipated savings;
• loss of use or corruption of software, data or information;
• loss of or damage to goodwill;
• indirect or consequential loss.

This paragraph G shall survive termination of the contract.

H. Force majeure

We shall not be in breach of the contract nor liable for delay in performing, or failure to perform, any of our obligations under the contract if such delay or failure results from an event outside of our control. In such circumstances we shall be entitled to a reasonable extension of the time for performing our obligations. If the period of delay or non-performance continues for 8 weeks, you may terminate the contract by giving us 10 days’ written notice.

I. General

Entire agreement.

This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

Waiver. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Third party rights. Unless it expressly states otherwise, the contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.

Governing law. The contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.

The following terms govern any use by you of the Website.

A. Information on the Website and scope of use

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon. Any reliance on the material on this Website is at your own risk.

The information provided is subject to our Privacy Policy which you should read before accessing such information.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.

B. Age Restrictions

We do not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

C. Other Restrictions

You agree not to:

1. use our Website for any illegal, obscene, immoral or unauthorised purpose or in any way violate any laws in your jurisdiction;
2. reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by us;
3. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet;
4. use the Website to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. submit false or misleading information;
7. collect, track, facilitate, authorise or permit the use of any personal information of others, or use the Website to spam, phish, pharm, pretext, spider, crawl, or scrape;
8. interfere with or circumvent the security features of the Website;
9. use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse; and
10. share your password and log in information to your customer account with anyone else and to treat such information as confidential by not disclosing it to any third party.

D. Optional Tools

We may provide you with access to third party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

E. Third Party Links

Certain content, products and services available via our Website may include materials from third parties

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third -party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party..

F. User Comments, Feedback and Other Submissions

If, at our request, you send us any submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

G. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy and we treat all your personal data as confidential (although we reserve the right to disclose information in the circumstances set out in our privacy policy). We will only use your personal data as set out in our privacy policy.

H. Modifications, Errors, Inaccuracies and Omissions

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated; and/or
• change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change of these Terms then you must immediately stop using the Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

I. Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@watchesofmayfair.com.

J. Disclaimer of Warranties; Limitation of Liability

These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above for both businesses and consumers).

You agree that you use the Website entirely at your own risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

In preparing this Website, we have endeavoured to offer current, correct and clearly expressed information. However, we cannot guarantee that the information will be accurate, complete or current at all times and we accept no liability for any reliance placed by any person on the information.

We make no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. We expressly disclaim all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

We do not accept any responsibility for any errors or inaccuracies in any advertising material and we are not responsible for and do not endorse the content of any such advertisements.

We shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable) arising under or in connection with use, or inability to use our Website, or use of or reliance on any content displayed on our Website, or otherwise. Further, we will not be liable for: loss of sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these Terms, we do not disclaim liability for death or injury caused by our own negligence, including but not limited to our subsidiaries, affiliates, agents, or employees.

K. Termination

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

L. Indemnification

You agree to indemnify, defend and hold harmless Watches of Mayfair Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

M. General

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Each confirmed order shall constitute a separate contract between us and shall be governed by these Terms. These Terms constitute the entire understanding between us in relation to any Products ordered and supplied through the Website and your use of the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to us.

If we are hindered or prevented from performing our obligations under these Terms for any cause beyond our reasonable control or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of or cancel the whole or any part of the contract. In that event, we shall not be responsible for our delay or cancellation or any inability to deliver or perform our obligations.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

If you are a business, these Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law and we both agree that the courts of the country in which you reside will have jurisdiction.

If you would like to bring a matter to our attention, please contact us at info@watchesofmayfair.com.

N. Contact Information

Questions about the Terms should be sent to us at info@watchesofmayfair.com.