Terms and Conditions of Online Sale R.WEIL DISTRIBUTION UK LTD 2017
1.1 These Terms and Conditions (“Terms and Conditions”) govern the sale and delivery of products to you by R.Weil Distribution UK Ltd, a company registered in England and Wales, with registered number 8428444 and business office at c/o SWICO Limited, Meadway, Haslemere, Surrey GU27 1NN England (“we”, “us”, or “RW UK”). RW UK’s registered VAT number is 158 5498 61.
1.2 RW UK offers its products for sale on its website http://www.raymond-weil.co.uk (the “Website”). Any order for a product placed through the Website constitutes full acceptance of the Terms and Conditions in force at the time of placing the order. We suggest you read these Terms and Conditions carefully before ordering a product on the Website and that you save or print a copy of these Terms and Conditions to refer to in the future.
1.3 You can contact us by telephoning the customer service team at + 44 1428 656 822 or by writing to us at firstname.lastname@example.org or c/o SWICO Limited, Meadway, Haslemere, Surrey GU27 1NN England. We may contact you by telephone or by writing to the email address or postal address you provided when you placed your order.
2. SUPPLY OF PRODUCTS VIA THE WEBSITE
2.1 These Terms and Conditions apply to the sale of products through the Website to individuals. However, if you are a business and wish to place an order, for example an order for multiple products which are to be offered as gifts to employees, then you must notify us and we reserve the right to refuse the order or impose separate terms.
2.2 You are only permitted to place an order if you have a delivery address in the United Kingdom, i.e. in England, Wales, Scotland, Northern Ireland and Channel Islands. Any orders placed which include a delivery address outside of the United Kingdom will not be processed by RW UK.
2.3 The packaging of the products may vary from that shown in images on the Website.
3. PURCHASE OF PRODUCTS AND ORDER PROCESS
3.1 When you place an order through the Website you are making an offer to buy the product(s) listed in your order. RW UK’s acceptance of your order will only take place when we send you a confirmation email, at which point a contract will come into existence between you and us.
3.2 The confirmation email will include a summary of all the information relating to the order, including:
3.2.1 RW UK’s contact details;
3.2.2 your contact details;
3.2.3 your order number;
3.2.4 the total cost of the products ordered;
3.2.5 the payment method; and
3.2.6 the time and place of delivery.
3.3 RW UK reserves the right, at its absolute discretion, to refuse any orders. We will inform you by email if we are unable to accept your order and you will not be charged for the product. We might refuse or cancel an order if the order appears to be fraudulent or if we have reason to believe that you intend to commercially resell and/or export the products. All products are sold subject to availability and so we might also refuse or cancel an order if the product is out of stock.
3.4 By ordering through this Website, you confirm that you:
3.4.1 have reviewed the order carefully and you confirm that it is correct;
3.4.2 have read these Terms and Conditions and agree to be bound by them;
3.4.4 have all necessary legal rights to purchase the product through the Website;
3.4.5 are 18 years old or older; and
3.4.6 are requesting the product to be delivered to an address in the United Kingdom.
4. PRICE & PAYMENT CONDITIONS
4.1 The price of the products ordered by you is provided on the Website. Prices indicated on the Website are only valid for sales made through the Website. All prices are indicated in British Pound Sterling and include all applicable taxes. We take reasonable care to ensure that the prices are advertised correctly on the Website, however, please see clause 4.2 for what happens if we discover an error in the price of the product you have ordered.
4.2 RW UK tries to ensure that all information, descriptions and prices displayed on the Website are accurate. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, and let you choose either to confirm the order at the correct price or to cancel it. If we are unable to contact you or if you do not respond to RW UK’s messages, we will assume that you wish to cancel the order. If you have already paid for the product and decide to cancel the order in accordance with this clause, then you will be fully refunded.
4.3 Payment must be made in full at the time the products are ordered. RW UK reserves the right to delay delivery until we have received full payment for the ordered products.
5.1 The costs of delivery will be displayed on the Website and will be included when you place your order.
5.2 If you have ordered more than one product, then they will usually all be delivered at the same time. There may be special cases where we decide to deliver the products in separate deliveries. If we make multiple deliveries, you may be charged additional delivery costs.
5.3 We will confirm the delivery date via email. Orders are usually dispatched to the address confirmed by us in the order confirmation email between 5 and 15 business days from the date of the confirmation email.
5.4 If RW UK’s supply of the product is delayed by an event outside of its control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6. TRANSFER OF OWNERSHIP AND RISK
6.1 You will own the product once we have received payment in full.
6.2 You will be responsible for the product once it has been delivered to the address given by you in the order. This means that you will be responsible for damage caused to the products, whether this is by use, handling or storage of the products. The risks associated with the return of a product, whatever the reason, lies with you.
7. RETURNS & CANCELATIONS
7.1 Your rights to cancel your order will depend on the reason you wish to cancel. If you wish to cancel the order for one of the reasons set out in clause 7.2 or 7.3 then please contact RW UK’s customer services team using the details set out in clause 1.3.
7.2 If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the order will be cancelled immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 4.2);
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside RW UK’s control (see clause 5.4);
7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case you may cancel your order immediately if the suspension is for a period of more than 3 months; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 You have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013. If the products are delivered in multiple deliveries, the cancellation period ends 14 days after the day on which the final product is delivered.
7.4 If you are cancelling an order after we have delivered the products, then we will email you to confirm the return. You must print a copy of the return email and attach it to the products. The products must be returned to the address indicated in the email. They must not have been worn, used, or damaged and must be in the condition they were in when delivered (packaging, extra links, guarantee and instructions manual must all be intact). If you are exercising your right to change your mind or to cancel the order under clause 7.2 you must send us the products within 14 days after telling us that you wish to cancel the order.
7.5 We will pay the costs of the return if:
7.5.1 the products are faulty
7.5.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside RW UK’s control, we have supplied the product more than 3 months late following suspension for technical reasons or because you have a legal right to do so as a result of something we have done wrong.
7.6 In all other circumstances (including when exercising your right to change your mind) you must pay the costs of the return.
7.7 We will refund you the price paid for the products including the delivery costs, by the method used for payment as soon as reasonably possible. However, if only part of the order is returned, we will not refund the delivery costs. The refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8.1 If you have any questions or complaints about the product, please contact us. You can telephone or write to RW UK’s customer services team using the contact details set out in clause 1.3.
8.2 We are under a legal duty to supply products that are in conformity with this contract. Your legal rights are not affected the by the guarantees that we give to you in this clause 8. If you wish to exercise your legal right to reject the products you must return them in accordance with clause 7.4.
8.3 We have set out a summary of your key legal rights, these are subject to certain exceptions and for detailed information you may wish to contact Citizens Advice. During the lifetime of the product you are entitled to the following:
8.3.1 Up to 30 days: if the product is faulty, then you can get an immediate refund;
8.3.2 Up to 6 months: if the product can’t be repaired or replaced, then you’re entitled to a full refund in most cases; and
8.3.3 Up to 6 years: if the product does not last a reasonable length of time then you may be entitled to some money back.
The RAYMOND WEIL international guarantee:
8.4 The products sold on this Website are guaranteed by the Raymond Weil international guarantee (the “RW Guarantee”) against defects in material or workmanship for a period of 24 months from the date of delivery. The RW Guarantee terms are detailed in the guarantee booklet supplied with each product.
8.5 In the event of a defect covered by the RW Guarantee, RW UK may, at its sole discretion, either repair or replace the defective product free of charge.
8.6 Any claim covered by the RW Guarantee may be made in writing with the product well packed in a parcel insured with return receipt, or by bringing the product directly to SWICO Limited, Meadway, Haslemere, Surrey, GU27 1NN England. The claim must be accompanied by an original guarantee card duly completed, dated, stamped and signed by RW UK.
8.7 By joining the Weil Club, you will benefit from a 3rd year guarantee extension. This 3rd year guarantee extension extends the RW Guarantee by 1 additional year.
9.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of RW UK breaking this contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 9.2 We do not exclude or limit in any way RW UK’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by RW UK’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 8.3; and for defective products under the Consumer Protection Act 1987.
9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10. USE OF PERSONAL INFORMATION
10.1 We will use personal information you provide to us:
10.1.1 to supply the products to you;
10.1.2 to process your payment for the products; and
10.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
11.1 All information and materials contained on the Website (including, without limitation, brand, logos, written text, photographs, design, audio, films, etc.) are protected by international copyright laws and are RW UK’s exclusive property unless otherwise stated. All rights are reserved.
11.2 Any reproduction, modification, sale, display, distribution, transmission or insertion on other websites, etc., of any part of this Website at any time and under any circumstances, is strictly prohibited, without the prior written permission of RW UK.
12.1 This Website is likely to contain links to other websites operated by third parties who are not affiliated with RW UK. The inclusion of any link to such third party sites does not imply endorsement by RW UK of those sites and is provided for information only. RW UK is not responsible or liable for the content, accuracy, access, usage or operations of any third party sites.
13.1 Titles. The headings used in these Terms and Conditions are only for reference purposes and convenience. They do not affect the meaning or scope of the provisions they designate.
13.2 Transfer. RW UK may transfer its rights and obligations under these Terms and Conditions to another organisation. You may transfer the RW Guarantee to a person who has acquired the product. We may require the person to whom the RW Guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing the original proof of purchase, and the official warranty card fully completed dated and stamped by one of our official authorised retailers.
13.3 Severability. If any provision or part of the provisions of these Terms and Conditions shall be deemed unlawful, void or unenforceable, the remaining provisions remain unchanged and in full force.
13.4 Waiver. Even if we delay in enforcing this contract or if we do not insist immediately that you do anything that you are required to do under these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.5 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of the RW Guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.6 Electronic communication. We are required to provide you with certain information or communications in writing. By using this Website, you agree that our communication will be mainly electronic. We will contact you by email or provide information by posting notices on the Website.
13.7 Applicable law and jurisdiction. These Terms and Conditions are governed by and construed in accordance with English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.