TERMS & CONDITIONS OF SERVICES

WEBSITE & PURCHASE TERMS

  1. DEFINITIONS

    Please read the following terms and conditions of sale carefully before placing an order. By accessing, viewing and/or using our website or by purchasing goods from us either online or offline you agree to be legally bound by these terms & conditions.

    The following words shall mean: 'Buyer' and 'You', the Customer and/or Website User, and, 'Seller', 'We', 'Our', 'Their' and 'Us', shall mean Leah Van Meyer Ltd. (T/A Nicolas Watch Co.) with company registration number 09477605 and registered office* at 4 Quex Road, London, NW6 4PJ (England, UK), and, 'Goods', ‘Items’ and ‘Product’ refers to any purchases made.

    *Please note our Registered Office is provided for legal reasons and is NOT for general customer correspondence or returns.
     

  2. APPLICATION OF TERMS
     

    1. The Contract shall be on these Conditions to the exclusion of any other terms and conditions.

    2. Any order for Goods from the Buyer shall be deemed to have been an offer to purchase subject to these Conditions.

    3. No terms or conditions endorsed upon, delivered with or contained in any other seller's purchase order, confirmation of order, specification or other document shall form part of the Contract.

    4. No order placed by the Buyer will be deemed accepted by the Seller until it has sent to the Buyer an email acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.

    5. The Buyer warrants that all the details in the order are complete and accurate at the point of purchase.

    6. The Buyer must ensure that when providing Personal Information it is accurate and complete and that all ordering and registration details (where applicable) contain their correct name, address and other requested and required details.

    7. These Conditions shall apply to the sale of all Goods. Save as has been specifically provided for, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
       

  3. USE OF THE WEB SITE
     

    1. Anyone who makes attempts to interfere with the proper working of our website(s) and, in particular, to circumvent security, tamper with, 'hack' into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device associated with web site(s) owned and/or operated by the Seller, will be prosecuted to the fullest extent of the law.

    2. The web site user(s) are responsible for ensuring that their computer system meets all relevant specifications necessary to view and use web site(s) owned and/or operated by the Seller. Users also understand that, while all reasonable endeavours to prevent such difficulties are made by the Seller, no guarantee or warranty is made that any material available for viewing and/or downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. The user is responsible for implementing sufficient procedures and virus checks to satisfy particular requirements for the accuracy and protection of data input and output.
       

  4. THE GOODS
     

    1. The Buyer acknowledges that they have entered into the Contract as a result of their knowledge of the Goods based upon any images and/or description given by the Seller.

    2. A Contract for the sale of product(s) ordered from the Seller is only created upon a confirmation of the order being sent to the Buyer via email using the email address submitted in the ordering process irrespective of whether or not the Buyer receives the email.

    3. The Seller will not be legally bound by any type of errors on their web site(s) or other promotional materials.

    4. Orders are subject to availability. When there is more than one item on order, the Seller will send out products only when all items within the order become available. In situations where the Buyer requires one of their ordered items urgently, the Seller will endeavour to send the available item immediately, forwarding the remaining product(s) as soon as they become available. This is undertaken at the Seller's discretion. The Seller will make every effort to inform the Buyer if this situation occurs.

    5. All photographs, videos, graphics, descriptive content, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.

    6. The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the procuring and/or delivery of Goods.
       

  5. TITLE AND RISK
     

    1. Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received cleared funds in accordance with the agreed price for the Goods together with all other sums requested by the Seller and payable by the Buyer, and the Seller has authorised such payments.

    2. Once the goods have been received and signed for at the shipping address as stipulated by the Buyer, they shall be at the sole risk of the Buyer.
       

  6. ORDERING AND PAYMENT
     

    1. If as a result of an order the Buyer fails to pay the invoice by the due date and without prejudice to any rights of the Seller, the Buyer shall:

      1. Forfeit any discount given in that invoice or in any other way agreed.

      2. Make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless it has a valid court order requiring an amount equal to such deduction to be paid.

      3. Ensure that credit and debit cards are charged before items are dispatched by the Seller.

      4. Understand that until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.

      5. Understand that if payment is not made as required the Seller may terminate the Contract.

    2. It is a crime to use fraudulent name(s) and details, a known invalid credit or debit card, stolen credit or debit cards, credit or debit cards not in the Buyer's own name or payment via Bank Transfer or any other means of payment which has not been explicitly authorised by the holder of the payment account. Anyone caught wilfully engaged in such acts will be prosecuted to the fullest extent of the law.

    3. Sophisticated practices are employed by the Seller to authorise, track and archive every order placed and payment made. The Seller reserves the right to keep a detailed record of each order and payment received and will use this information in a court of law if required. Information regarding the Seller’s Privacy Policy and how we manage Personal Information can be found here.

    4. All online payments via the website are made by credit or debit card at the time of the order. All credit card details are securely processed by the Wix platform. Credit card details and the checkout process is secured by HTTPS / TLS encryption. TLS (Transport Layer Security) is the industry standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and secure. Credit card processing is undertaken with the Stripe payment gateway which is fully compliant with PCI DSS Level 1.

    5. The Seller is entitled to refuse any order placed by the Buyer. If the Buyer's order is accepted, the Seller will confirm the order to the Buyer via email as detailed in 4.2.
       

  7. QUALITY
     

    1. If the Seller is not the manufacturer of the Goods, it shall transfer the benefit of any warranty or guarantee that it has been given by the manufacturer.

    2. If the Goods are of a second-hand or vintage nature, no warranty will be offered unless explicitly offered by the Seller.
       

  8. LIMITATION OF LIABILITY
     

    1. The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract. This includes financial loss, personal injury, sickness and death.

    2. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller. Nor will it be liable if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or its authorised agent(s).

    3. TO THE FULLEST EXTENT PERMITTED BY LAW THE SELLER IS PROVIDING THIS WEBSITE ON AN 'AS IS' BASIS AND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. THE SELLER RESERVES THE RIGHTS TO CHANGE ANY INFORMATION, PRICE OR CONTENT AND IMPROVE THE WEBSITE AT ANY TIME WITHOUT NOTICE.

    4. Website(s) owned and operated by the Seller may provide hypertext links to other websites which are not under their jurisdiction. Using such a link means that you are leaving site(s) owned and/or operated by the Seller. No responsibility, warranty, guarantee or representations in respect of linked websites can be taken by the Seller.

    5. The Seller cannot guarantee that their website(s) will operate continuously or without interruption or be error free and can accept no liability if unavailable.

    6. The Seller ensures that any Goods lost in transit will either be replaced to the value of that item or the order be refunded at no extra charge to the Buyer, provided that the Buyer informs the Seller within three working days from the time that the Goods were scheduled to arrive and the Seller confirms the missing status with the relevant courier. If Goods have been damaged in transit, the Buyer must notify the Seller by email to studio @ nicolaswatch.co within one working day from when the items were received, providing photographic evidence of the damage to the item and its transit packaging. All goods damaged in transit will be replaced or refunded at no extra charge to the Buyer upon the return of the original parts of the Goods to the Seller, together with all original boxing and relevant receipts and documentation.

    7. If the Seller become liable to the Buyer for any reason, their liability will be limited to the amount paid by the Buyer for the Order concerned.

    8. All prices are correct at time of publication. Prices are subject to change.

    9. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
       

  9. RETURNS & CANCELLATIONS
     

    1. Where the Buyer requires a refund or exchange for Goods that have been received by the Buyer, these Goods must be returned by the Buyer, at the Buyer's cost, see 9.2. The Buyer must return the Goods requiring a refund or exchange, in-time to ensure Goods are received by the Seller within a maximum of , commencing from the day the Goods are received by the Buyer. When cancelling an order or returning Goods, the Buyer must send notification via email to studio @ nicolaswatch.co. This notification must be received prior to the return of the items or for cancellations, within 7 days of the order being placed. Failure to send notification within this timeframe may result in administrative fees being deducted from any refunds provided to the Buyer. The Buyer must state the following details in their notification:

      • Buyer's name and contact details

      • Order reference

      • Postage method and tracking code used (for returns)

      • Product name or reference for each item returned/cancelled

      • Reasons for return/cancellation (per item)

    2. The Buyer must return the Goods to the Seller via a receipted and insured delivery service at the Buyer's cost, in the original condition as noted on the website and as dispatched, unworn (other than for approval), with all original boxing, documentation and a covering note (providing the same details requested for correspondence in 9.1). Goods returned remain the responsibility of the Buyer until they have been confirmed as received by the Seller; it is therefore advised that all returns be insured in transit for the full amount stated on the original invoice.

    3. The Seller will not accept returned Goods that have been altered (or damaged) in any way other than by the Seller and its associated companies. The Seller reserves the right to delay crediting the Buyer until the authenticity and expected operational condition of any returned Goods, as originally dispatched by the Seller, is confirmed. Furthermore, customers who purchase any pre-sealed items, such as loose diamonds, must ensure that the container seal is not broken, tampered with or damaged in any way.

    4. When the Seller receives instruction that the Buyer wishes to withdraw from the contract in accordance with these terms and upon safe and verified receipt of any returned Goods, any sum received by the Seller from the Buyer will be credited to the Buyer’s chosen method of payment, unless explicitly stated, minus any other exceptional costs applicable. The Seller will credit the Buyer providing the Goods are found in the conditions as detailed in 9.2.

    5. Credit to the Buyer for returned Goods will exclude any additional services as provided by the Seller in relation to the Goods sold, including (but not limited to) Watch Servicing, Watch Polishing, Watch Consultancy, Certificate of Valuations and any Valuation Services, Urgent fast-tracking and associated Shipping costs and International Shipping costs.

    6. Where the Buyer has requested further customisation to the Goods or any custom-made item(s) including requests for, (but not limited to) Custom-made Watch Straps, Engravings, Custom Surface Finishing and Custom Diamond Setting, the Goods are set as non-refundable and non-exchangeable other than at the discretion of The Seller.

    7. In the event that the Seller is unable to supply the Goods, it shall forthwith inform the Buyer of this. If the Seller cannot meet the Buyer's requirements through another product, the Contract will be deemed to be cancelled. Should the contract be cancelled by the Seller after payment has been taken from the Buyer but no Goods have been sent, the Seller will refund the Buyer the full amount minus any other exceptional costs applicable.

    8. If the Buyer fails to return the Goods to the Seller under clauses 9.1, 9.2 & 9.3. and should the Seller incur costs in recovering the Goods from the Buyer, the Buyer shall be responsible for the costs incurred. The Seller reserves the right to invoice for or deduct such costs from any monies refundable to the Buyer.

    9. In the event that the Goods are returned due to a presumed fault then the item(s) will be quality assessed and if applicable, amended or replaced at no extra cost to the Buyer. Should item(s) returned by the Buyer due to a presumed fault pass the Seller's quality assessment process, and it be deemed that a fault has occurred as a result of wear and tear or it be deemed that the item(s) have no fault, the Seller reserves the right to charge the Buyer for any investigative work to establish the status of the item(s) and any repair work required to remedy a fault due to wear and tear, as well as the cost for both the original shipping and the return shipping and any other costs incurred by the Seller in relation to the Goods.

    10. In the event that the Goods are returned for an exchange to a different item, the Buyer is entitled to one exchange only (to include any associated order, judged by website account details, billing and/or shipping details or other relevant connection) with the exchange carrying a 14 day standard returns policy commencing from the day the Goods are received by the Buyer. Should further exchanges be requested, such requests will be considered at the discretion of the Seller, with the Seller under no obligation to provide a further refund thereafter. Subsequent exchanges will carry an exchange fee of at least £50.00 per item. This fee is additional to any other costs incurred during the exchange process. Rebates on items returned for an exchange outside the standard exchange entitlement, to an item of a lesser value will be offered at the Sellers discretion.

    11. Buyers who order multiple items within one order OR within multiple orders MAY be classed as 'Trade' Buyers at the Seller's discretion. Buyers who the Seller classes as a 'Trade' Buyer will be informed of this during the ordering process. In the event that a 'Trade' Buyer returns part or all of an order for refund and the Goods are found in the conditions as detailed in 9.2, the Seller will refund the Buyer less a 10% Handling Fee.

    12. Buyers whose order (or associated order, judged by website account details, billing and/or shipping details or other relevant connection) is deemed by the Seller to contain items purchased for comparative purposes and when the Buyer's intention is to return one or more of these items, the Seller reserves the right to charge an administrative fee, carrying a minimum amount of £50.00 per item returned.
       

  10. ASSIGNMENT
     

    1. The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company. The sub-contracting shall not relieve it of any liability under the Contract unless prior notice is given to the Buyer and agreed to.
       

  11. COPYRIGHT
     

    1. The contents of the web site(s) owned and/or operated by the Seller and the Goods presented herein are protected by international copyright laws and other intellectual property rights.

    2. All Goods, photographs, videos, graphics, descriptive matter, specifications, advertising and company logos presented on web site(s) owned and/or operated by the Seller are the trademarks, service marks or trading names of their respective owners.

    3. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from web site(s) owned and/or operated by the Seller including but not limited to text, graphics, video, messages, code and/or software without prior written consent, except where expressly invited to do so.
       

  12. FORCE MAJEURE

    If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and it gives notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use its best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract.
     

  13. GENERAL
     
    1. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.
    2. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.

    3. If the Seller or the Buyer:

      1. Fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and

      2. partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.

    4. Any waiver of a breach of any provision of the Contract shall not:

      1. Be deemed to be a waiver of any subsequent breach or default; and

      2. affect the other terms of the Contract.

    5. Alterations to these Terms and Conditions may occur from time to time. New versions will be posted on the Seller's web site(s), following which all use of the Seller's web site(s) will be governed by that version of the Terms and Conditions. Buyers must check the Terms and Conditions on the web site regularly and are required to read all Terms & Conditions prior to placing an order.

    6. This contract shall be governed by and construed in all respects in accordance with English law and construed in accordance with the laws of the United Kingdom. In relation to any legal action or proceedings to enforce the contract or arising out of or in connection with the contract, the Buyer and the Seller irrevocably submits to the jurisdiction of the English courts and waives any objection to proceedings in the courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

 

For more information about our Terms & Conditions please contact us.

VIEWINGS

The Goldsmiths' Centre

42 Britton Street

Farringdon

London

EC1M 5AD

Fountain House

Suite 5, 1a Elm Park

Stanmore

Middx

HA7 2RZ

© 2019 NICOLAS WATCH CO. ALL RIGHTS RESERVED.