Please note that prices include VAT where applicable. (Please contact us for further information)
This section (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions that will apply to any contract between us for the sale of our Goods to you.
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 team before placing your Order. By ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. These terms and conditions only apply to our consumer customers.
Clauses 14 and 15 include important limitations of our liability.
When the following words are used anywhere in these Terms, they will have the meanings set out below:
Event Outside Our Control: is defined in clause 15.
Goods: Jewellery, gifts, watches or other goods that we are selling to you as set out in the Order.
Order: your order for the Goods.
Terms: the terms and conditions set out in this document.
Griffins Jewellers Ltd, we, us, our: Griffins Jewellers Ltd trading as Griffin Jewellers (registered in England and Wales with company number 1586944).
Website: the website at the domain www.griffinjewellers.co.uk.
Working Days: a day other than a Sunday or public/bank holiday in England.
Clause headings shall not affect the interpretation of these Terms.
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.
OUR CONTRACT WITH YOU
You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.
When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 2(c).
If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount within 5 Working Days of cancellation (unless we reasonably suspect a fraudulent card payment, see clause 16).
On occasion the Goods displayed for sale on our Website will not be available for dispatch until Work has been completed (for example, the Goods may be with a manufacturer undergoing a service or awaiting parts at the time your Order is made). We will let you know if this applies to your Order. We usually cannot give an estimated date for completion of the Work given our reliance on third parties, but we shall use reasonable endeavours to meet any anticipated completion date where given. You can cancel your Order at any time before dispatch of the Goods - see clause 12 which explains your rights to cancel your contract with us. Please see clause 15, which includes important limitations of our liability.
All Goods will remain available for sale on our website until you have paid the balance, irrespective of any finance application made by you.
The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.
The packaging of the Goods may vary from that shown on images on the Website.
Where our Make An Offer facility is enabled on our Website and you wish to use this facility, please first take the time to read and understand our Make An Offer terms and conditions.
We cannot guarantee that boxes and/or other packaging supplied are authentic.
PRICE AND PAYMENT
The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.
The price quoted includes VAT (or similar sales tax) at the prevailing rate. If the rate of VAT changes between the date of your Order and the date of dispatch, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
The price of the Goods excludes delivery costs, which will be added to total amount due and shown in the Order Summary page of our Website before you place your Order.
It is always possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before we dispatch the Goods so that where the Goods? correct price is less than the price stated on our Website or in your Order, we will charge the lower amount. If the Goods? correct price is higher than the price stated on our Website or in your Order, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing with your Order for the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you and you do not respond to our e-mail in relation to the pricing error within 5 Working Days, we will treat the Order as cancelled, notify you by e-mail and refund any sums already paid within 14 days of the date your Order is cancelled (unless we reasonably suspect a fraudulent card payment, see clause 16).
You must make payment for the Goods in advance and we must receive full and cleared funds prior to dispatch of the Goods. We accept payment by the following methods if you are based in the UK:
Credit card or debit card: Payments must be 3D secure.
Cash: We accept cash payment up to a maximum of £9,000.00. You will be asked to provide evidence of identity and proof of address for all cash payments of £2,000.00 or more;
Cheque: Payable to Griffins Jewellers Limited. Please allow up to 9 Working Days for funds to clear into our account;
Bankers draft: Payable to Griffins Jewellers Limited. All drafts will be authenticated by our bank before the Goods are dispatched;
Bank transfer: We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details;
Part exchange: Where your purchase of the Goods also involves your sale of valuables, we can accept your current watch or jewellery as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your goods before your Order is confirmed. Where your part exchange allowance exceeds the purchase price of the Goods, we will issue you with the appropriate credit by bank transfer. Where your part exchange allowance is less than the purchase price of the items, you can pay the outstanding balance using another method listed above. Our Sell Your items terms and conditions also apply; or
Finance options: We have a commercial relationship with a credit provider offering various finance options. We and/or our credit provider can refuse finance applications at our sole discretion. If we or our credit provider decline your application, you can either pay for the Goods using another payment option or cancel your Order.
If you are based outside the UK, you must pay for the Goods by an international bank transfer.
The Order Summary page of our Website will give you a breakdown of the price of the Goods, our delivery charges and any credit card surcharges and will display a total amount payable.
If after paying the initial deposit for the Goods we do not receive the balance payment in full and cleared funds within a reasonable time, namely within 14 days of our receipt of the deposit payment from you, then we reserve the right to cancel your Order and relist the Goods for sale on our Website. 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 (unless we reasonably suspect a fraudulent card payment, see clause 16).
Delivery dates will vary depending on the availability of the Goods and your address. We will contact you with an estimated delivery date. All dates quoted by us for dispatch and delivery of the Goods, though given in good faith, are estimates only. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 15(a) for our responsibilities when this happens.
We cannot deliver the Goods to the following countries : Afghanistan; Angola; Cuba; Ethiopia; Iran; Iraq; Lebanon; Liberia; Libya; Myanmar; Nicaragua; Nigeria; North Korea; Rwanda; Sierra Leone; Somalia; Sudan; Syria; Uganda; Zimbabwe; and countries comprised by the former territories of USSR or the Federal Republic of Yugoslavia and/or the Republic of Serbia. If you would like the Goods to be delivered to any of the Excluded Countries, we will use reasonable endeavours to arrange postage and insurance (at your cost) in advance of confirmation of your Order. Please contact a member of our Sales Team to discuss your options before placing an Order, or alternatively contact our Customer Services team by telephone ( within UK 01262675916, outside UK 00 44 (0)1262675916) or by e-mail (sales@griffinJewellers.co.uk)
Delivery charges will be shown in the Order Summary page of our Website before you place your Order and vary depending on your address and the weight of the parcel. If you are based outside the UK, we will advise you of our delivery charges before your Order is confirmed.
Deliveries within the UK are made using the Royal Mail service. Deliveries outside the UK are made using either DHL or Fedex. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions.
Normally a signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
We will deliver the Goods to the delivery address given in your Order. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder, though we will use reasonable endeavours to send the Goods to a work address where requested provided you comply with our dispatch department?s reasonable instructions. If you purchase the Goods using one of our finance options, we will only deliver the Goods to the address given in the finance agreement (as an anti-fraud measure).
Goods may be collected by appointment only from our shop for security reasons. You acknowledge that we will not be liable for losses you incur including travel costs if you travel without making an appointment in advance.
Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our offices (by you or your representative).
If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
The Goods will be your responsibility from the completion of delivery.
You own the goods once we have received payment in full.
If you are based outside the UK, 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 Goods. 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.
Some of the Goods we sell come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the Paperwork provided with the Goods or to the manufacturer?s website.
As a consumer, a manufacturer's warranty is in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Consumer Service - 03454 040506.
Where your Order for Goods includes a wrist watch (?Watch?), you should be aware that water resistant Watches are not water proof. 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 categorisation as detailed in the glossary available on our Website.
All our Watches are tested prior to sale to ensure that the advertised water resistance is accurate. You acknowledge and accept that we will not replace seals and/or gaskets or other parts if the Watch passes our tests before dispatch.
You must be careful with wearing your Watch in or around water. Amongst other things, wearing your Watch near hot water (e.g. a sauna, hot tub, bath or shower), diving into water or the movement of your arms whilst swimming could compromise the water resistance of your Watch. In particular, leaving a screw-in crown open or operating your Watch whilst in or around water can cause severe damage to your Watch because your Watch will not be water resistant. Damage caused in this way to your Watch will not be covered by any warranty.
BRACELET & RING 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 endeavour to size the watch to the requested size. Where a watch is advertised as having seals intact the bracelet will not be adjusted. Additional links or ring sizing will be chargeable.
If the Goods are sold with Paperwork, the age of the Goods is calculated from the date given on the Paperwork, which is when the Paperwork is officially stamped by the authorised dealer. You acknowledge that the date of manufacture may be significantly earlier than the Paperwork date.
If the Goods are sold without Paperwork, 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 the Website 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.
You must inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described upon delivery or if you discover faults later.
You must take reasonable care of the Goods and you must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 30 days of advising us of any fault.
Provided you comply with your obligations under clauses 11(a) and 11(b), on confirmation by us following inspection and/or testing that the Goods were Faulty on delivery we will offer one of the following remedies:
to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either a refund or repair subject to the terms set out in this clause 11;
to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either refund or replacement subject to the terms set out in this clause 11; or
to refund your payment in full or in part within 14 days of the Goods being returned to us less any reasonable deduction for wear and tear through use which will not exceed ?90 (which equates to the cost of a refurbishment) if returned within 3 months of delivery and/or less any reasonable deduction in accordance with clause 11(d) for loss of or damage to Paperwork.
You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
We reserve our rights to reduce any remedies under clause 11(c) if Paperwork is missing or damaged.
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. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of 12 provided you comply with our reasonable return instructions and you provide us with a copy receipt.
Given our reliance at times on third parties and a world-wide shortage of watchmakers, you acknowledge that a reasonable time for completion of a repair may extend to several months for Events Outside Our Control, for example where manufacturer involvement is necessary to carry out the repair (including in the sourcing of parts).
If you buy several Goods from us as part of the same Order, and only some of these Goods are Faulty, you may return the Faulty Goods in accordance with this clause 11, but this does not entitle you to return other Goods which are not Faulty.
To discuss a problem with your Order, please contact the sales advisor that dealt with your Order or alternatively you can contact our Customer Services team by telephone (01262675916) or by e-mail (email@example.com).
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Consumer Service - 03454 040506. Nothing in our Terms will affect your legal rights.
YOUR RIGHT TO CANCEL
You have a legal right to cancel your Order during the period set out in clause 12(c) and receive a full refund.
The cancellation right does not apply to Goods purchased from any of our premises and/or if the Goods have been adjusted to meet your specifications or personalised.
You may cancel your Order for the Goods without giving any reason. The cancellation period will expire after 14 days from the day after the Goods are delivered to you or your nominated recipient. If your Order consists of multiple Goods this period will end the day after the last of the Goods are delivered.
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 (firstname.lastname@example.org). You can call 01262675916 or write to us at Griffin Jewellers 4 prospect st Bridlington E'Yorks YO15 2AJ.
If you cancel your Order we will reimburse you in full including the cost of delivery except for any additional costs beyond our standard delivery methods (see clause 4)
We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including Paperwork, links, user manual, service papers and box as applicable). The Goods must be in their original condition.
You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
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.
Provided that you comply with the terms of this clause 12, you will be refunded in full within 14 days of the date we receive the returned Goods or from when we receive proof that you have sent the goods 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, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
Advice about your legal rights is available from the Citizens' Advice Consumer Service - 03454 040506. Nothing in our Terms will affect your legal rights.
OUR RIGHT TO CANCEL
We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.
If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment, see clause 16).
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms; and our total liability to you in respect of all other losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price paid for the Goods by you.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 14(b) 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 we entered into the contract. 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.
Nothing in these terms shall limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose); defective goods under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (whether or not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.
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 authorised by our bank.
These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
COMMUNICATIONS BETWEEN US
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by pre-paid post to Griffin Jewellers 4 prospect st Bridlington E'Yorks YO15 2AJ.We will confirm receipt of this by contacting you in writing, normally by e-mail.
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.
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 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 will not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision of these Terms (or part of a provision) is found by any court or competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
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. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those terms or policies 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 policies by proceeding with your Order).
TRANSFER OF OUR RIGHTS AND OBLIGATIONS
We may transfer our rights and obligations under these Terms 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 Terms.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
Griffin Jewellers is a trading name of Griffins Jewellers Limited, whose registered office is at Griffin Jewellers 4 prospect st Bridlington E'Yorks YO15 2AJ. registered in England & Wales under company registration number 1586944. Our VAT number is 166827627
As a consumer, nothing in these Terms will affect your legal rights.
SELL 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 or jewellery 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 item or instructing us to sell your item 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, you will be advised of the terms and conditions applicable.
The following definitions and rules of interpretation apply in these terms and conditions:
Our website, the website: the website at the domain http://www.griffinjewellers.co.uk
Watch or item: the item (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: Griffins jewellers Limited (registered in England and Wales with company number 1586944).
You, your: the person or other entity that wishes to sell an item either to us or through us.
Clause headings shall not affect the interpretation of these terms and conditions.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
OUR CONTRACT WITH YOU
If you would like to sell your watch or jewellery, you can sell your items either to us or through us. That is, you can sell your items to us in an outright sale ("stock sale"). Alternatively, we can attempt to sell your items to a customer on your behalf, for which we take a commission of the final sale proceeds ("commission sale").
If you would like to sell your watch or jewellery on either a stock sale or commission sale basis, you will need to provide us with details of your items, including its model, make and condition.
Please provide information about your items 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.
You will then receive either an e-mail with an initial valuation for a stock sale or an e-mail detailing the process for a commission sale. For a commission sale, we will usually suggest a sale price, which is calculated as a percentage of the current retail price.
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. If we suggest a sale price for a commission sale, you are under no obligation to follow our suggestion.
If you are happy with the initial valuation or commission process, then you will need to arrange for the valuables to be posted to our offices in accordance with the clause governing "Delivery" below.
On receipt of your items at our offices, we will carry out an inspection and any accompanying paperwork. We will then contact you with a final valuation for your items in the case of a stock sale or we will contact you with details of work required to be completed on your items and their costs in the case of a commission sale. 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.
A revised valuation may be offered where: (i) the item 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 item; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
If you wish to proceed with a stock 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.
You may purchase a watch or jewellery from us in part-exchange of your current watch or jewellery. The sale of your existing item to us and your purchase of our stock shall be treated as separate contracts with the relevant terms and conditions applicable to each. 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.
If you wish to proceed with a commission sale, the contract between us will only be formed when we agree for work to be carried out on your watch or jewellery (which, if required, must be agreed before listing on our website) and estimated costs of such works are also agreed or your item is first advertised on our website, whichever is sooner. Please also see "Risk and Title" under "Delivery" below.
Please note that if you visit the shop 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.
We will keep you regularly updated by e-mail.
PRICE AND PAYMENT
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.
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.
Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
In the event that we discover that the watch or jewellery 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.
If you sell your watch on a commission sale basis, then our fees and charges listed under "Commission Sale" below (paragraphs (a) and (b)) will apply. Please note that payment will only fall due after expiry of the 14 working day "cooling-off" period starting on the day after the customer receives the watch provided that the customer does not give notice to return the item during this period (again see "Commission Sale" below for further information).
Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
The price quoted excludes import duty or other taxes, fees and charges (see "Customs" below).
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.
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 mispricing, 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.
If you would like us to list your watch or jewellery on our website and attempt to sell the item on your behalf, we will take a commission of the final sale proceeds. Our current commission is 30% of the final sale price +vat (exclusive of postage and packaging). You will receive the final net sale price less our commission. The costs of any works carried out is then deducted (see (b) below) from this sum.
Watches & Jewellery must meet our standards before they may be listed on our website. On assessment of your item, we will determine what work (if any) must be carried out on your watch prior to listing on our website. The details and estimated costs of any work required will be emailed for your approval.
You must also set your preferred sale price before your item will be listed on our website. You will have an opportunity to enter a minimum sale price, which is not compulsory but is recommended.
Once you set the sale price(s) and have accepted the works required to be completed and the costs of such works (where applicable), we will list your watch or jewellery on our website. We may initially list your watch with a "pre-refurbishment" image, which will be replaced with a post-refurbishment image as soon as the works are complete. We reserve the right to remove your watch from our website for any reason and at any time. We will promptly notify you in the event that such action is deemed necessary.
By setting a preferred sale price (compulsory) and minimum sale price (optional), you authorise us to proceed to sell the item on your behalf if an offer is made at or above the preferred or minimum sale price. If an offer below your minimum sale price is made (or your preferred sale price in the absence of a minimum sale price), we will seek to contact you before proceeding. If we cannot contact you, we will not proceed with the sale. We will provide you with e-mail confirmation if we successfully sell your Item at the preferred or minimum sale price.
Online customers are entitled to a 14 working day "cooling off" period by law, starting on the day after the customer receives the item. If a customer exercises their right to cancel the contract during this period, you will be notified of this and your item relisted on our website on its return to our offices following inspection to ensure it is in the same condition. No payment will be due to you. If no notice of cancellation is received during this period and the transaction is not cancelled as a result of a defect with the item (see "The Items" below), we will arrange for payment to be made to you by BACS transfer (please see "Payment" above) within 14 working days of the expiry of the "cooling off" period. Please note that this clause applies regardless of whether or not the customer purchased and/or collected the item from our shop. Please also note that time of dispatch of the item to the customer shall not be of the essence, and in particular we have standard procedures that we must follow before we can dispatch an item (including without limitation confirmation of address by the customer).
We do not accept liability for a delay in the return of the item from the customer to our offices where notice has been given by the customer to return the item.
Where you authorise (whether orally or in writing, which shall include e-mail correspondence) any servicing, refurbishment or other work to be carried out on your item, you will be charged the agreed price, regardless of whether or not the item is subsequently sold. Estimates by us are given in good faith, but are estimates only. Where the item is not sold, we will return the item to you on receipt of cleared funds only (please see "Lien" below).
If we arrange for a third party to prepare a quotation for servicing or other work to be carried out on your watch on your instruction, but you do not proceed with the work in question, an administrative charge may apply.
Watches are precision instruments with moving parts. Wear and tear is the unavoidable result of any mechanical movement. In time, all mechanical watches will need a service to ensure they continue to work to the highest level. This period of time depends on, amongst other things, the brand and model, but it is recommended that all watches are serviced every 3 to 4 years to maintain their level of accuracy. As watches can be held in our possession for some time before being sold and dispatched, please note that watches may on occasion require servicing or other work between the period of arrival with us and sale. Any such work deemed necessary by us will be at your cost.
Please note that we reserve the right to vary our commission structure at any time. We cannot vary the commission payable by you once the watch has been sold to a customer, regardless of whether payment has been made to you. If we notify you that we would like to increase the commission payable by you to us prior to sale, and you would not like to proceed on that basis, please notify us of this within 1 week of the notification to you and we will remove your item from our site and return it to you. If you accept an offer by a customer at any time after the revised level of commission has been notified to you, you are deemed to accept the revised level of commission.
If you wish to sell your item on a commission basis, in addition to advertising your items for sale on our website (or other selected websites), we reserve the right to store and display your watch at any of our offices, showrooms or shops and to display your watch for sale at select events without notice.
We reserve the right to terminate the commission service at any time. We will give you at least 48 hours, written notice by email in advance if we choose to terminate the commission service. We will return your items to the latest address we have on record for you, unless you advise to the contrary.
You may request that your item is returned to you at any time. You will need to give us at least 48 hours, written notice by email to firstname.lastname@example.org, If we've incurred any fees on your behalf, you will need to reimburse us such fees in cleared funds before we can arrange to send your item back to you. We cannot accept liability for any delay in returning the items to you that is out of our reasonable control, including without limitation if your item is with an external party (such as a manufacturer) at the time you give your notice.
You will deliver the items: to our premises at Griffin Jewellers 4 prospect st Bridlington E'Yorks YO15 2AJ. or as instructed by us prior to delivery (Delivery Location); and during our normal business hours or as instructed by us.
Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see "Customs" below).
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.
Once you have accepted our initial valuation for your item or opt to proceed with a commission sale, a delivery note will be generated by us and you will be e-mailed 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.
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 and are based within the UK, we will not make a charge for the postage, packaging and insurance costs of returning the items to you, unless we are returning the item 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.)
Delivery of the items will be completed on the completion of unloading the items at the Delivery Location.
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.
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
Your valuables will be our responsibility from the time of delivery to the Delivery Location.
In terms of ownership of the watch or jewellery:
Stock sale: Ownership of the watch or jewellery will pass from you to us when the contract is concluded between us as described above under "Our Contract With You".
Commission sale: Ownership of the watch or jewellery will pass from you to the end customer only after the expiry of the cooling-off period afforded to customers pursuant to the Consumer Protection (Distance Selling) Regulations 2002 if we have not received notice of cancellation by the customer during this period and the transaction is not cancelled as a result of a defect with the item (see ?The Items? below), provided always that you shall have no right to cancel an order by the end customer once it has been confirmed with us.
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.
You will ensure that the items will:
correspond with their description;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) 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
be free from defects in design, material and workmanship.
You confirm that:
Information supplied by you
all the information supplied by you to us before conclusion of a contract under "Our Contract With You" above 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 item, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the Item;
the watch or jewellery is your property and that you are entitled to sell the watch or jewellery free from any charge, lien, burden or adverse claim, including all hire. In particular:
the watch or jewellery has not been reported to the manufacturer, police or any other authority as lost or stolen;
the watch or jewellery is not subject to an undisclosed finance agreement; and
no other person has any claim to the watch or jewellery, whether legal, equitable, possessory or otherwise
there are no undisclosed physical defects with the watch or jewellery;
the watch or jewellery has not been an insurance "write-off" or subject to substantial remedial repairs;
the watch or jewellery has not been altered or tampered with
AUTHENTICITY AND PROVENANCE
You accept that every element in the description of the watch or jewellery, 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
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 the undertakings set out in "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.
For details of how the contract is made and the terms and conditions applicable, please see "Our Contract With You" above.
A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, we may at our sole discretion offer either a return of your item or payment of the part exchange allowance.
In the event that we discover that the watch or jewellery you are selling us in part-exchange 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 to rescind either or both contracts 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, you must refund us all sums paid by us to you within 7 days of receipt of notice from us. If we have already dispatched the item you sought to purchase from us, you will further need to either return this item to us or pay us the full purchase price for this item.
Where your part exchange allowance exceeds the purchase price of the item you are agreeing to buy, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the item 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.
PROOF OF IDENTITY
If you visit our offices in order to sell your watch or jewellery, we will need you to produce two forms of original identification during your visit. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.
It will be necessary for you to produce the original of one document from each of the following two categories:
Proof of identity
Current valid passport
Current driving licence
Other (e.g. known employer identity card with photo and signature)
Proof of address
Recent utility bill
Council tax bill
LOSS OR DAMAGE
If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.
We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.
Subject to the clause below, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions; and our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items (whether as a stock sale or commission sale), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant). Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion 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 commenced using the website or when you sold an item either to or through us.
Nothing in the above clause shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.
This agreement constitutes 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.
Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
CONFLICT WITH OTHER AGREEMENTS
This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. 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.
NO PARTNERSHIP OR AGENCY
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 authorise a party to make or enter into any commitments for or on behalf of the other party.
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 (whether or not involving griffin jewellers employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
COMMUNICATIONS BETWEEN 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 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 pre-paid post to Griffin Jewellers 4 prospect st Bridlington E'Yorks YO15 2AJ. We will confirm receipt of this by contacting you in writing, normally by e-mail.
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.