Fathom Watches Limited Terms and Conditions of Purchase and Sale
- Definitions and Interpretation
"business day" means a day in London, excluding Saturdays and Sundays, on which commercial banks are open for business;
"Company" means means Fathom Watches Limited, a company incorporated and registered in England and Wales with company number 14284790;
"Customer" means the individual, company or other entity that wishes to purchase a Watch from the Company;
"Force Majeure Event" means any act or event beyond the reasonable control of the Company, including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving the Company's employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of the Company's website or technology systems caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, postal services and couriers;
"Pounds Sterling" means the legal currency of the United Kingdom from time to time;
"Seller" means the individual, company or other entity that wishes to sell a Watch to the Company;
"Terms and Conditions" means these terms and conditions of purchase and sale;
"Tolerance Limits" means:
(i) Time Keeping: +/- 60 seconds; Amplitude: >180°; Power Reserve: 24 hours; and
(ii) if the Warranty states "chronometer certified": +/- 15 seconds;
"Watch" means the timepiece subject to sale or purchase to or from the Company;
"Work" means servicing or repair services in relation to any Watch, which may be provided by the Company or a third party; and
"in writing" includes all electronic written communication, including (but not exclusively) email, text message, WhatsApp messenger, Instagram and any other electronic messenger services.
- Purchasing a Watch from the Company
2.1 Agreeing to purchase a Watch
By agreeing to purchase a Watch from the Company (whether by placing an order on the Company's website or by communication in writing with a director, officer, employee or other representative of the Company), the Customer is deemed to accept and be bound by clauses 1,2 and 4 of these Terms and Conditions in their entirety. If the Customer does not agree to (or cannot comply with) clauses 1,2 and 4 of these Terms and Conditions in their entirety, it should not agree to purchase a Watch from the Company.
All Watches shown on the Company's website are subject to availability. If a Watch is unavailable, the Company undertakes to inform the Customer within 5 (five) business days and any payment made by the Customer to the Company in respect of such Watch shall be refunded by the Company to the Customer as soon as reasonably practicable.
A Watch may not be available for dispatch to the Customer until Work has been completed. The Company will inform the Customer within 3 (three) business days of payment being made for purchase of a Watch if its dispatch will be delayed due to the completion of Work. If the estimated dispatch date in respect of a Watch will be more than two months after payment has been made by the Customer for purchase of the Watch, then the Customer will be entitled to request a refund in full. Any refund will be at the sole discretion of the Company and, if agreed, will be processed by the Company as soon as reasonably practicable.
2.2 Payment for a Watch
The Company will accept payments by debit card, credit card or bank transfer only. The Company does not accept payments in cash and any Customer purchasing a Watch from the Company may be subject to identity verification. The Company reserves the right to decline to complete the sale of a Watch to any Customer without need to provide reasonable explanation to the Customer.
The prices quoted on the Company's website and marketing materials are in Pounds Sterling. Payments must be made to the Company by the Customer in Pounds Sterling and any refunds will only be issued by the Company in Pounds Sterling. The Company does not accept liability for fluctuations in currency exchange rates or any loss to a Customer due to such fluctuations.
A Watch may be incorrectly priced on the Company's website or marketing materials in error. If an error occurs, the Company will contact the Customer as soon as practicable to notify them of the correct sale price for the relevant Watch. If the listed price was higher than the correct price, then the Company will refund to the Customer the balance and proceed with the order. If the listed price was lower than the correct price, then the Company will give the Customer the option to pay the balance or cancel the purchase of the Watch. The Customer shall have 3 (three) business days to respond to the notification of error and after the expiry of such period the Company reserves the right to sell the Watch to another party.
If the Company determines, in its sole discretion, a fraudulent payment or that funds used for the purchase of a Watch are stolen or in any way concerned with money laundering, corruption, terrorism or any other illegal activity, then it will not dispatch the relevant Watch to the Customer. In such a situation, refunds will not be processed until the Company has consulted with its bank and/or any relevant government or law enforcement branch or agency.
2.3 Shipping
Any Watch purchased may be collected from the office of the Company by prior appointment. The Company is entitled to request photographic identification from the Customer or its representative prior to releasing any Watch for collection in person.
Delivery of any Watch purchased by a Customer but not collected in person will be made using a courier of the Company's choice. The Company will not be liable for any delay in delivery of the Watch that is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions.
A signature will be required for receipt of the Watch by an adult (aged 18 years or over) at the Customer's specified delivery address. If no-one is available when the courier attempts delivery, it will be the responsibility of the Customer to make arrangements with the courier for alternative collection or delivery in accordance with the courier's usual procedures. The Customer is advised not to accept any parcel that has been damaged or tampered with and to notify the Company of such fact as soon as reasonably practicable after refusing delivery.
2,4 Customs
If the Customer is physically resident or tax resident outside the United Kingdom or requests that a Watch is delivered to an address outside the United Kingdom, the Customer may have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the relevant jurisdiction(s). It is the Customer's responsibility to comply with all laws and regulations of such jurisdictions and the Customer agrees that the Company will not provide any information or advice regarding such laws or regulations. Any taxes or charges for customs clearance will be borne by the Customer. If any such taxes or charges are applied to the Company, the Customer will indemnify the Company for such taxes or charges in their entirety.
2.5 Warranty
Any Watch purchased by a Customer with an agreed sale price of equal to or greater than £750 will be covered by a warranty (the “Warranty”). The Warranty will be effective from the day that the Watch is collected by the Customer or delivered by the Company to the relevant courier company for delivery to the Customer, as the case may be (the "Delivery Date"). The Warranty will expire on the day falling 12 months following the Delivery Date and will be subject to the terms and conditions set out in this clause 2.5. Any Watch purchased by a Customer with an agreed sale price of less than £750 will not be covered by a Warranty.
2.5.1 Extent of Cover
The Warranty covers the following instances of damage and repair:
(i) full mechanical failure such that the movement ceases to run at all;
(ii) deterioration of mechanical performance below the Tolerance Limits; and
(iii) battery replacement in quartz watches where the battery has entirely run out of power.
In the event that a Customer wishes to claim for the repair of a Watch under its Warranty (a "Claim"), it will inform the Company of such Claim as soon as reasonably practicable. The Company will not consider Claims which are notified to it more than one week after expiry of the relevant Warranty. Upon receipt of notice of a Claim, the Company will determine, in its sole discretion, if the relevant Watch can be repaired or if a refund or replacement Watch will be provided to the Customer.
The validity of a Claim will be determined by the Company and its determination will be final. If any dispute arises in connection with the Warranty, the Company reserves the right (but will be under no obligation) to instruct an independent third party expert nominated by the Company to determine the issues in dispute. Time will not be of the essence for completion of any repairs carried out under the Warranty.
2.5.2 Exclusions
The Company will not consider any Claim under the Warranty if it determines, in its sole discretion, that the relevant damage to the Watch is related to one or more of the following maters:
(i) normal wear-and-tear;
(ii) accidental damage, mishandling, mistreatment or negligence (including, without limitation, damage caused by the failure to follow instructions provided by the manufacturer and/or the Company);
(iii) water damage;
(iv) the Watch case has been opened up to expose the movement or any other internal part, either by the Company or any other third party;
(v) the Watch case has had tests carried out on it, either by the Company or any other third party; or
(vi) parts or components associated with the Watch have been replaced, removed, altered or added.
Any Watch that remains under cover of the manufacturer's warranty at the time of purchase will not be covered by a Warranty.
2.5.3 Shipping and Logistics
Upon receipt of a Claim, the Company may request that a Watch is delivered to its office for inspection. It is the Customer's responsibility to arrange packaging and secure delivery of the Watch with adequate insurance and the Customer will bear all costs of such packaging, delivery and insurance.
If a customer is located in the United Kingdom and the Company determines that the Claim is valid, the Company will bear any costs for the return delivery of the Watch to the Customer, including the cost of any packaging and insurance.
Save as provided below, if a customer is located outside the United Kingdom or the Company determines that the Claim is not valid, the Customer will bear any costs for the return delivery of the Watch, including the cost of any packaging and insurance. The Company will be under no obligation to return the Watch to the Customer until it has received funds to cover such costs.
If the Customer notifies the Company of a Claim within 14 (fourteen) days of collecting or receiving delivery of the Watch immediately following its purchase, and such Claim is determined by the Company, in its sole discretion to be valid, the Company will refund to the Customer the costs of the packaging, delivery and insurance required to return the Watch to the Company's office for inspection, including if the Customer is located outside of the United Kingdom.
If the Watch is delivered to an address outside the United Kingdom, the Customer may have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the relevant jurisdiction(s). It is the Customer's responsibility to comply with all laws and regulations of such jurisdictions and the Customer agrees that the Company will not provide any information or advice regarding such laws or regulations. Any taxes or charges for customs clearance will be borne by the Customer. If any such taxes or charges are applied to the Company, the Customer will indemnify the Company for such taxes or charges in their entirety. Clause 2.3 will apply to the return of a Watch by the Company.
2.5.4 Additional Terms & Conditions
The Warranty will be registered to the Customer's postal address provided at the time of purchase of the Watch and will be evidenced by the invoice provided by the Company to the Customer on completion on the purvhase. To ensure that the Warranty remains valid, the Customer must inform the Company of any changes to its contact details without delay, including its full name, postal address, email address and telephone number. If a Watch is being purchased with the intention of being a gift, the Customer should provide the contact details for the intended recipient prior to purchase and request that the Company registers the Warranty in the recipient's name.
The Warranty is personal to the Customer or the registered beneficiary, as the case may be. If a Customer or beneficiary wishes to make a Claim, they should do so by contacting: Enquiries@fathom-watches.com
2.6 Returns
A Customer purchasing a Watch from the Company will benefit from English consumer rights legislation, which includes the right to a refund, replacement or repair of the Watch if the Watch is faulty or does not match the description provided on the Company's website or marketing materials. The Customer must return any such Watch to the Company (including all paperwork, links, user manuals, service papers and boxes, as applicable) promptly and within 30 days of purchase. Return postage, packaging and insurance of a faulty or mis-described Watch will be borne by the Company from anywhere in the world up to an amount of £15.
In addition to a Customer's legal rights, a Watch may be returned to the Company at its office within 14 (fourteen) days of the Delivery Date, provided that such Watch (including any accompanying paperwork and accessories) is in the same condition as when it was collected by the Customer or transferred to the relevant courier for delivery to the Customer. Returns are at the sole discretion of the Company.
It is the Customer's responsibility to arrange packaging, secure delivery and insurance coverage for any Watch being returned to the Company and the Customer will bear all costs of such packaging, delivery and insurance. If the Watch is returned without any relevant paperwork or accessories, the Company may elect, in its sole discretion, not to accept such a return or to make a deduction from the sum refunded to the Customer which, in its sole discretion, reflects the decrease in the value of the Watch caused by the loss of such items.
If a Watch is accepted for return by the Company in accordance with this clause 2.6, the Company will issue a refund to the Customer within 14 (fourteen) days of receipt of the relevant Watch. Any refund will be made using the same means of payment used by the Customer for the initial purchase transaction and no refunds will be given in cash.
2,7 Company's Liability
The Company only supplies Watches for domestic and private use. By purchasing a Watch, the Customer agrees not to use the Watch for any commercial, business or re-sale purposes. The Company shall not be liable to the Customer in any circumstances for any loss incurred due to the Customer using a Watch for commercial, business or re-sale purposes.
Subject to the Consumer Rights Act 2015, the Company's total liability to a Customer in respect of all losses arising under or in connection with the sale of a Watch shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Watch by the Customer.
The Company will not be responsible for any failure to perform, or delay in performance of, any obligations under these Terms and Conditions that is caused by a Force Majeure Event.
- Selling a Watch to the Company
3.1 Agreement to Terms and Conditions
By taking any of the following actions, the Seller is deemed to accept and be bound by clauses 1,3 and 4 of these Terms and Conditions in their entirety:
(i) requesting a valuation from the Company for a Watch;
(ii) delivering a Watch to the Company with a view to receiving a valuation or selling such Watch;
(iii) agreeing (by communication in writing with a director, officer, employee or other representative of the Company) to sell a Watch to the Company; or
(iv) accepting payment or goods in part exchange from the Company for sale of a Watch.
If the Seller does not agree to (or cannot comply with) clauses 1,3 and 4 of these Terms and Conditions in their entirety, it should not agree to sell a Watch to the Company.
A Seller may purchase a Watch from the Company in part-exchange for another Watch being sold to the Company. The sale of the existing Watch to the Company and the purchase of a Watch from the Company shall be treated as separate legally binding contracts. In relation to the Watch that is being sold in part-exchange, the Seller is subject to clause 3. In relation to the Watch that is being purchased from the Company, the Seller is subject to clause 2.
3.2 Valuations
Any valuation in relation to a Watch is provided by the Company to the Seller on a "subject to contract" basis and is not legally binding. The Company reserves the right to amend or withdraw a valuation at any time without any liability to the Seller.
All purchases of Watches by the Company are subject to (i) physical inspection of the Watch (including any relevant paperwork and acessories) at the offices of the Company and (ii) due diligence checks including a search through The Watch Register (a subsidiary of the Art Loss Register). A Seller may be subject to identity verification. If any Watch is determined by the Company, in its sole discretion, to be counterfeit, stolen or in any way connected to illegal activities, the Company reserves the right to confiscate such Watch and provide the Watch and any other information (including, the Seller's personal information) to any person, government authority or agency that may be concerned with such counterfeiting, theft or illegal activity, as the case may be.
As soon as reasonably practicable after the completion of all inspections and due diligence checks to the Company's satisfaction, the Company will issue the Seller with a final valuation for the relevant Watch. The final valuation may be higher or lower than the initial valuation provided to the Seller by the Company and will constitute a formal offer to purchase the Watch. All valuations will be provided in Pounds Sterling and will be net of any taxes or duties, which will be borne by the Seller.
In the event that the Company provides a Seller with an incorrect valuation, it will rectify the error as soon as reasonably practicable after it has been identified. The Company will be under no obligation to purchase any Watch at an incorrect valuation price.
3.3 Payment for Watches Sold to the Company
All payments made by the Company to a Seller in relation to the sale of a Watch will be made in Pounds Sterling. The Company does not accept liability for fluctuations in currency exchange rates or any loss to a Seller due to such fluctuations.
The Company will make all payments to the bank account advised by the Seller in writing and will not be liable for any losses incurred by the Seller if it is provided with inaccurate bank details. Payments may take approximately 5 (five) business days to clear and the Company will not be liable for any delays in payment outside of its control. The Company will not make any payments in cash.
The Company reserves the right to charge a Seller for any payment made to a bank account outside the United Kingdom. If any amount is owed to the Company by the Seller, the Company reserves the right to deduct such amount by way of set off from the payment amount due for the Watch.
In the event that the Company determines, in its sole discretion that the Seller is in breach of any of the representations or warranties set out in clause 3.5, the Company may rescind the contract to purchase the Watch. If the Company has already made payment for such Watch, the Seller will refund the Company for the full purchase price paid within 5 (five) business days of receipt of notice from the Company that the contract has been rescinded. If the sale involved a part-exchange, any goods received by the Seller as part of such part exchange must be returned to the Company in the same condition as when the goods were received by the Seller. The Company will have the right, but be under no obligation, to accept a monetary payment in lieu of the return of any part exchange goods.
3.4 Delivery
The Seller will deliver a Watch for sale to the Company at its office by delivery in person (by appointment only) or by courier. Any delivery will be at the sole expense of the Seller and the Seller will remain fully liable for the Watch until it has been delivered to the office of the Company (as evidenced by the signature of a director, employee or representative of the Company or confirmation in writing of such delivery by the Company). Any Seller appointing a courier in relation to the delivery of a Watch is advised to arrange appropriate insurance and ensure that the Watch is packaged in an appropriate manner. The Company will not be liable for any damage to a Watch which occurs during transit.
If a Seller is based outside of the United Kingdom, it may have to pay export duty or other taxes, fees and charges applied by customs or other authorities. It is the Seller's responsibility to comply with all laws and regulations of such jurisdictions and the Seller agrees that the Seller will not provide any information or advice regarding such laws or regulations. Any taxes or charges for customs clearance will be borne by the Seller. If any such taxes or charges are applied to the Seller, the Seller will indemnify the Company for such taxes or charges in their entirety.
Upon receipt of a Watch, the Company will conduct inspections and due diligence checks and issue a final valuation for the Watch to the Seller in accordance with clause 3.1. If the Seller decides to not accept the final valuation constituting the offer for purchase, then the Seller will be entitled to free return of the Watch only if the issues could not have been expected, in the sole determination of the Company, to be identified by the Seller in advance of shipment. The Company may determine, in its sole discretion, that the Seller was dishonest or negligent in its description of the Watch, in which case the Seller will be liable for the cost of return shipping (including all packaging and insurance cover), and the Company may hold the Watch until all such costs have been met.
3.5 Representations and Warranties
The Seller represents and warrants as follows to the Company on the date that (i) it accepts an offer from the Company to purchase a Watch and (ii) the relevant Watch is delivered to the Company:
(i) if the Seller is an individual, the Seller is at least 18 years of age and has full mental capacity to enable it to sell the Watch and form a contract with the Company;
(ii) if the Seller is not an individual, the person agreeing to sell the Watch is an authorised representative of the Seller capable of binding the Seller in a contract with the Company;
(iii) the Seller has good title to the relevant Watch, free of all liens, charges, claims and incumbrances;
(iv) the Watch (including all accompanying documentation and accessories) is authentic and not counterfeit;
(v) the Watch has been obtained by the Seller from a lawful source and is not stolen or in any way concerned with money laundering, corruption, terrorism or any other illegal activity;
(vi) the Watch, to the best of the Seller's knowledge:
(a) corresponds to the description provided by the Seller to the Company;
(b) is of satisfactory quality (within the meaning of the Consumer Rights Act 2015), as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by the Seller;
(c) is free from defects in design, material and workmanship;
(d) has not been altered or tampered with and has not been an insurance “write-off” or subject to substantial remedial repairs; and
(vii) the Seller has 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 as material to, or otherwise liable to influence, the decision to buy the Watch.
3.6 Breach of Representations or Warranties
The Seller agrees to indemnify and hold harmless on an after tax basis the Company, its employees, officers, directors, agents and affiliates against any and all claims, demands, actions, losses, expenses, damages, liabilities, costs (including, without limitation, interest, penalties and reasonable legal fees) and judgments arising from a third-party claim against the Company arising from the Seller's breach of any representation or warranty set out in clause 3.5.
In the event of a breach by the Seller of any representation or warranty set out in clause 3.5, the Company will be entitled to:
(i) immediately terminate the contract of sale in relation to the relevant Watch;
(ii) reject the Watch and return it to the Seller in accordance with clause 3.4;
(iii) require the Seller to provide a full refund to the Company of the price of the rejected Watch (if payment for the Watch has already been made by the Company to the Seller);
(iv) recover from the Seller any costs incurred by the Company in obtaining substitute items from a third party; and
(v) claim damages for any other costs, loss or expenses incurred by the Company which are in any way attributable to the Seller's failure to carry out its obligations under the sale contract.
The rights and remedies set out in this clause 3.6 are in addition to the Company's rights and remedies implied by statute and common law in England and Wales.
3.7 The Company's Liability
The Company will, under no circumstances whatsoever, be liable to the Seller, 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 the Company to comply with these Terms and Conditions.
The Company will not be responsible for any failure to perform, or delay in performance of, any obligations under these Terms that is caused by a Force Majeure Event.
4 General Terms and Conditions
This clause 4 applies to the sale of a Watch by the Company to a Customer in accordance with clause 2 and the purchase of a Watch by the Company from a Seller in accordance with clause 3.
4.1 Entire Agreement
These Terms and Conditions (together with the documents expressly referred to in them) constitute the entire agreement between the Company and the Customer or the Company and the Seller, as the case may be, and supersede and extinguish all previous drafts, agreements, arrangements and understandings between such parties, whether written or oral, relating to its subject matter.
4.2 Severability
If any court or competent authority decides that any of the provisions or clauses of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the provision or clause will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
4.3 Right to Vary These Terms and Conditions
The Company has the right to revise and amend these Terms and Conditions from time to time. The Customer or the Seller, as the case may be, will be subject to the Terms and Conditions in force on the date that it agreed to be bound by these Terms and Conditions in accordance with clause 2.1 or clause 3.1, as the case may be.
4.4 Data Protection Policy
The Customer or the Seller, as the case may be, acknowledges that it has read the data protection policy of the Company, which is available on the Company's website and that it agrees to be bound by the terms of such policy.
4.5 Miscellaneous
No waiver by the Company of any breach or non-fulfilment by the Customer of any provisions of these Terms and Conditions will be deemed to be a waiver of any subsequent or other breach of that or any other provision and no failure to exercise or delay in exercising any right or remedy under the Terms and Conditions will constitute a waiver thereof. No single or partial exercise of any right or remedy under these Terms and Conditions will preclude or restrict the further exercise of any such right or remedy.
The rights and remedies of the Company provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
The Company and each of its employees, officers, directors, agents or affiliates may enforce the terms of these Terms and Conditions subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in this paragraph, any person who is not bound by these Terms and Conditions does not have any rights to enforce any term of these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
Clauses 1, 2.7, 3.5, 3.6, 3.7 and 4 of these Terms and Conditions survive the termination of any contract of sale or purchase between the Company and a Customer or the Company and a Seller, as the case may be.
4.6 Governing Law and Jurisdiction
These Terms and Conditions and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions and that accordingly, any suit, action or proceedings arising out of or in connection with these Terms and Conditions will be brought in such courts.