Welcome to Bloombar Watches Ltd
These terms and conditions outline the rules and regulations for the use of Bloombar Watches Ltd’s Website.
Bloombar Watches Ltd is located at:
102 Crawford Street ,
London, England W1H 2HR
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Bloombar Watches Ltd’s website if you do not accept all of the terms and conditions stated on this page.
SELLING YOUR WATCH
This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch.
These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.
If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.
Please note that these terms and conditions only apply to our “consumer” customers. If you are a “business” customers, you will be advised of the applicable terms and conditions by a member of our sales team.
Please ensure that you review clauses 14 and 18 as they include important limitations on, and exclusions of, our liability.
a. The following definitions and rules of interpretation apply in these terms and conditions:
Our website, the website: the website at the domain http://www.bloombarwatches.co.uk
Watch, item: the watch (or any part of it) that you wish to sell either to us or through us together with any accompanying box, sales literature, promotional material and other documentation (where applicable).
We, us, our: Bloombar Watches Limited (registered in England and Wales with company number 08314190).
Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.
You, your: the person or other entity that wishes to sell an item either to us or through us.
b. Clause headings shall not affect the interpretation of these terms and conditions.
c. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. OUR CONTRACT WITH YOU
a. 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 and condition, by either entering details on the “Sell Your Watch” page on our website or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell.
b. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
c. You will then receive either an e-mail with an initial valuation.
d. Any valuations are provided on a “subject to contract” basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
e. If you are happy with the initial valuation, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below.
f. On receipt of your watch at our offices, purchase of your watch is subject to due diligence checks including a search through The Watch Register (a subsidiary of the Art Loss Register) and also to an inspection. Please note: should your watch match an item on The Watch Register’s database of stolen watches then Bloombar Watches will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment will be made and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance in negotiating an amicable settlement with any good faith holders. As soon as a clear check result is received, an inspection of your watch and any accompanying paperwork will then be carried out. We will then contact you with a final valuation for your watch. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.
g. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
h. If you wish to proceed with a sale and accept our final valuation, we will arrange to pay you the agreed sum by bank transfer (see “Payment” below). The contract between us will only be formed when you have accepted the final price quoted and the sum has been paid. We will then send you an e-mail confirming when payment has been made, the sum paid and the payment method.
i. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below.
j. Please note that if you visit our office in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.
3. PRICE AND PAYMENT
a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
b. 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.
c. 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.
d. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
e. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, you must refund us the full purchase price paid within 7 days of receipt of notice from us. If the sale involved a part-exchange, please see “Part-Exchanges” below.
f. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
g. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).
h. You will pay all amounts due under these terms and conditions 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.
i. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.
a. You will deliver the items:
b: to our premises at 102 Crawford Street, London W1H 2HR or as instructed by us prior to delivery (Delivery Location); and
c. during our normal business hours or as instructed by us.
d. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).
e. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.
f. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location.
g. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging and insurance costs of returning the items to you unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special DeliveryTM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)
h. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location.
i. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.
j. In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.
Risk and title
i. Your watch will be our responsibility from the time of delivery to the Delivery Location.
ii. Ownership of the watch will pass from you to us when the contract is concluded between us as described above under “Our Contract With You”.
k. All outbound shipments are insured by our insurance company T.H. March. In the unlikely case of a theft or loss in transit, we will immediately proceed with a claim. Once the loss has been accepted and the insurance company have completed their investigation, we (Bloombar Watches) will be reimbursed for the loss and can then refund the buyer. Refunds will not be made until the insurance company have completed their claims process and we (Bloombar Watches) have been paid.
i. In the unlikely case of a theft or loss in transit where a watch has been purchased on your behalf, we will immediately proceed with a claim via the supplier. Once the loss has been accepted and the supplier’s insurance company have completed their investigation, we (Bloombar Watches) will be reimbursed for the loss and can then refund the buyer. Refunds will not be made until the insurance company have completed their claims process and we (Bloombar Watches) have been paid.
5. RETURNS AND REFUNDS
a. Purchases made in store 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 will be issued for the original purchase price.
b. 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. Returns will not be accepted if this sticker has been damaged or removed so please examine the Goods thoroughly to ensure you are completely satisfied with the product before removing this. The watch must be returned in exactly the same condition as advertised and with the same accessories and paperwork/warranty cards as when you received it. You can return your watch by post or in person at our London offices. Please allow 7 working days for refunds to reach your account.
c. In the event that Goods are returned to you following a refused sale to us, packaging and insurance will be your responsibility. Bloombar Watches relinquishes all responsibility for the safe delivery of Goods in this instance.
5.1. FAULTY GOODS
If you have received a faulty watch which is not operating to the advertised standard or is not running within acceptable parameters of timing then we will arrange for the watch to be collected from you, the issue rectified and the watch returned to you as soon as possible. Alternatively, any faulty goods come with a 30 day money back guarantee from the date of purchase. The watch must be returned in exactly the same condition and with the same accessories and paperwork/warranty cards as when you received it. If when inspected by our watchmakers, it is deemed that the watch was damaged or dropped by the purchaser or that it was advertised not to be waterproof and this led to the damage of the watch, then the buyer voids his/her right to a refund.
Most watches sold by us are covered by a 12 month comprehensive warranty or manufacturers warranty. In the event of a mechanical fault, please ensure that you notify and gain approval from us in writing before taking your watch to a 3rd party or manufacturer approved repairer, as this will void your warranty with us. In the event you decide to take your watch to a repairer or watchmaker without prior approval from Bloombar Watches, we will not be held liable for any costs you may incur.
If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. 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.
7. THE ITEMS
You will ensure that the items will:
a. correspond with their description;
b. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and
c. be free from defects in design, material and workmanship.
d. In some instances a non-manufacturer strap may be fitted to a watch.
8. YOUR UNDERTAKINGS
You confirm that:
Information supplied by you
a. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
b. 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;
c. the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
i. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
ii. the watch is not subject to an undisclosed finance agreement; and
iii. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;
d. there are no undisclosed physical defects with the watch;
e. the watch has not been an insurance “write-off” or subject to substantial remedial repairs;
f. the watch has not been altered or tampered with;
Authenticity and provenance
g. you accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence 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; and
h.the serial numbers and documentation are original, genuine and accurate.
You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.
If the items do not comply with clause 6 (The Items) and the undertakings set out in clause 7 (Your Undertakings), 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 items:
to terminate the contract;
to reject the items (in whole or in part) and return them 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);
to recover from you any costs incurred by us in obtaining substitute items from a third party; and
to claim damages for any other costs, loss or expenses incurred by us 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.
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.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Bloombar Watches Ltd and/or it’s licensors own the intellectual property rights for all material on Bloombar Watches Ltd All intellectual property rights are reserved. You may view and/or print pages from http://bloombarwatches.com for your own personal use subject to restrictions set in these terms and conditions.
YOU MUST NOT:
- Republish material from http://bloombarwatches.com
- Sell, rent or sub-license material from http://bloombarwatches.com
- Reproduce, duplicate or copy material from http://bloombarwatches.com
Redistribute content from Bloombar Watches Ltd (unless content is specifically made for redistribution).
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Bloombar Watches Ltd does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Bloombar Watches Ltd, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Bloombar Watches Ltd shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Bloombar Watches Ltd reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Bloombar Watches Ltda non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Bloombar Watches Ltd; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.