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Terms and Conditions

Terms and Conditions

Last updated: April 2019

Please read these Terms and Conditions carefully before using the https://www.tempoandtime.com website operated by Tempo and Time Ltd.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Tempo and Time Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Tempo and Time Ltd cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.

You can check and amend any errors before submitting your order.

We will confirm our acceptance of your order by sending you an order confirmation via email. 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).

All Goods will remain available for sale on our website until you have paid the balance in full, irrespective of any third party finance application made by you.

PRICE AND PAYMENT

Please be aware that all currency values in the Terms and Conditions are in GBP and are therefore subject to the current exchange rate at the time of transaction. This does not affect your Consumer Rights.

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. Our delivery charges will be notified to you pursuant and will be added to total amount due and shown in the Order Summary page of our Website before you place your Order.

You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event we must receive full and cleared funds prior to dispatch of the Goods. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:

  1. Credit card or debit card:Payments must be 3D secure.
  2. Bank transfer:We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details prior to accepting any Order;
  3. Part exchange:Where your purchase of the Goods also involves your sale of a watch, we can accept your current watch as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your watch 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 Goods, you can pay the outstanding balance using another method listed above
  4. If you are based outside the UK, you must pay for the Goods by an international bank transfer.

If we agree that you can pay by way of an initial deposit and if after paying the initial deposit for the Goods we do not receive the balance payment in full and cleared funds 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).

DELIVERY

We only ship within EU countries.

All Orders placed before 12:00 Monday to Thursday will receive free next day delivery. This is available Mainland UK only subject to confirmation contact from our Dispatch Team. If you are based outside of Mainland UK and within the EU, we will contact you with an estimated delivery date. All dates quoted by us for dispatch and delivery of the Goods outside of Mainland UK. Occasionally our delivery may be affected by an event outside our control.

Deliveries within the UK are made using the Royal Mail’s Special Delivery™ service. Deliveries outside the UK are made using 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.

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.

Goods may be collected from our offices but by appointment only 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).

The Goods will be your responsibility from the completion of delivery.

You own the goods once we have received payment in full.

CUSTOMS

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.

MANUFACTURER WARRANTY

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 (website www.adviceguide.org.uk or call on 03454 040506).

Tempo & Time Ltd warranty

We provide a warranty with our pre-owned Goods for a period of 12 months from the date of delivery.

How the Warranty Works

  • If you have any remaining manufacturer’s warranty, then you can send your watch to them for repair either via us or via an authorised retailer.
  • If your watch is covered by our Warranty but not the manufacturer’s warranty, then we will undertake the repairs in conjunction with the manufacturer if necessary.
  • If your watch is not covered by any warranty then you can send it in to us for a quote.

Important Information

Please note that our warranty covers manufacturing and mechanical defects only.

Our warranty is subject to the same terms and conditions as the manufacturer warranty. The standard manufacturer warranty does not cover theft or loss of the watch. Normal wear-and-tear or damage caused to the watch by accidents or mishandling/mistreatment are also excluded, as well as damage caused to a watch due to submersion in water which is against the manufacturer’s guidance. In particular, wear of the watch strap is not covered by the warranty.

Any modification of a watch by the addition or substitution of components by aftermarket products which have not been provided by the manufacturer will also invalidate the warranty.

As a consumer, the warranty we provide 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 local Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

RETURNS POLICY

Purchases made in store will not be eligible for a refund.

Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition.

In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. Tempo & Time Ltd relinquishes all responsibility for the safe delivery of Goods in this instance. 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.

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.

You must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) within 30 days of the date of taking ownership of the goods.

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 you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations (if based outside the EU, ordinarily you should mark the watch as a ‘return for repair’). 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.

FAULTY GOODS

We are under a legal duty to supply you with products that are in conformity with the contract.

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 (‘Faulty’) 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 14 days of advising us of the relevant Faulty Good.

On confirmation by us following inspection and/or testing that the Goods were Faulty on delivery and provided you were not made aware of the relevant fault at the time of purchase of the relevant Good, you will be entitled to the following remedies:

you may ask us to refund your payment less any reasonable deduction for loss of or damage to Paperwork if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;

you may ask us 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

All refunds shall be paid 14 days of the Goods (including Paperwork, links user manual service papers and box as applicable) being returned to us following your election to receive a refund.

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.

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 (although this may be reviewed on a case by case basis) 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).

Watch consignment

Tempo & Time Ltd will sell and market your legally owned watch on a consignment scheme.

It is a condition of the contract between both parties, that you promise to us that the watch you offer to sell to us;

  • is genuine,
  • is your property
  • is not a fake or counterfeit watch
  • does not infringe the intellectual property rights of any third party
  • complies with all legal and/or regulatory requirements and
  • was lawfully purchased by or for you

All persons must be 18 years or older.

If you offer your watch for sale to tempo and Time Ltd via this website, we will require details of your watch including make, model and condition. It is important that you provide all requested information fully and accurately. The initial online or phone valuation of your watch provided for your watch will be based solely on the information supplied by you. You promise that your description of your watch is accurate and not misleading. An inaccurate, false or misleading description may lead to an inaccurate valuation of the watch and any such valuation will be reviewed and may subsequently be decreased. We carry out a thorough inspection of every watch before advertising and marketing it. All initial online/phone valuations are therefore provided on a “Subject to Inspection” basis and are not legally binding. If we consider that the watch is not as described by you in any way that affects its value, the estimate price for it will differ from the initial online valuation.

If you decline to have the watch refurbished or serviced, we reserve the right to refuse to sell your watch.

If we find upon inspection of the watch(s) that it has been registered/reported lost or stolen or we believe the watch you have sent to us could be fake, counterfeit or otherwise infringe the rights of any third party, we will notify you by email.

Before we market and sell your watch, we will agree a price you want returned to you for your watch and endeavour to provide you with a realistic asking price based on data driven approach. We take into account a variety of sources including real time market data, we are able to ensure that Tempo & Time Ltd watches are valued at what they are worth. We will always look to provide you the best possible return on your watch.

Identification will be requested to be provided at the exchange of contract. We will also request your personal details including; full name, home address, phone number and email address.

The watch will be held by tempo & Time Ltd until sold or requested back by the customer. If you the owner requests the watch to be returned, then all refurbishment and service costs will be charged. If the watch is requested back within three months, a £100 Admin fee will be also charged.

If you deliver your watch to one of by hand, Tempo & Time Ltd becomes responsible for your watch when a receipt for it is issued in our premises. If you send us your watch by any other means, Tempo & time Ltd becomes responsible for your watch only when it is received and you are responsible for any loss or damage occurring prior to our receipt of your watch so it is essential that you package it securely and insure it appropriately.

We may advise you if we think you should reduce the watch selling price based on market trends and availability. The watch will be sold if the offer is acceptable to us and the commission fee can be reached with you the owner receiving the value you originally requested at the exchange of contract.

Tempo & Time Ltd is responsible for shipping costs once the watch has been purchased.

We provide every buyer with a one year warranty from the point of sale. The responsibility form the warranty lies with Tempo & Time Ltd

The commission will be set at 10% per item with a minimum of £1000 for any watch valued at £10000 or more. The commission is always deducted from the final selling price.

OUR LIABILITY

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.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, 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.

Our total liability to you in respect of all 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 (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.

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 (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 or Fedex.

FRAUDULENT PAYMENTS

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.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tempo and Time Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tempo and Time Ltd.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Tempo and Time Ltd.

Tempo and Time Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tempo and Time Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Tempo and Time Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Tempo and Time Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Tempo and Time Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Tempo and Time Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Tempo and Time Ltd or any person for whom Tempo and Time Ltd is responsible, and even if Tempo and Time Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.