Terms and Conditions for purchase of goods – Next Watch Club

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Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

up to 30 days: if your goods are faulty, you can get a refund;

up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;

up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;

  • our legal rights and responsibilities; and

  • certain key information required by law.

In this contract:

  • ‘we’, ‘us’ or ‘our’ means Helvetica LTD (trading as and collectively referred to as (“Next Watch Club”), and

  • ‘you’ or ‘your’ means the person using our site to buy goods from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

 

Who are we?

We are Helvetica  LTD (trading as and collectively referred to as  (“Next Watch Club”), a company registered in England and Wales under company number: 1431336

Our registered office is at: 20-22 Wenlock Road, London, England, N1 7GU

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.


1              Introduction

1.1           If you buy goods on our site you agree to be legally bound by this contract.

1.2           These terms and conditions apply only if you are buying goods on our site as a   consumer (ie for purposes outside of your business, craft or profession).

1.3           This contract is only available in English. No other languages will apply to this  contract.

1.4           When buying any goods on our site you also agree to be legally bound by:

1.4.1        our website terms and conditions and any documents referred to in them; and extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.

All of the above documents form part of this contract as though set out in full here.

2               Information we give you

2.1           By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1       read the acknowledgement email (see clause 4.3); or

2.1.2       contact us using the contact details at the top of this page.

2.2           The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3           If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3              Your privacy and personal information

3.1          Our Privacy Policy is available at https://nextwatchclub.com/

3.2          Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4               Ordering goods from us

4.1           Below, we set out how a legally binding contract between you and us is made.

4.2           You place an order via the instructions on the site Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

4.3           When you place your order at the end of the online checkout process (eg when you click on the  ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

4.4           We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1       the goods are unavailable;

4.4.2       we cannot authorise your payment;

4.4.3       you are not allowed to buy the goods from us;

4.4.4       we are not allowed to sell the goods to you;

4.4.5       you have ordered too many goods; or

4.4.6       there has been a mistake on the pricing or description of the goods.

4.5           We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.5.1       a legally binding contract will be in place between you and us; and

4.5.2       we will dispatch the goods to you.

4.6           If you are under the age of 18 you may buy any goods from the site. However, you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.

5               Right to cancel

5.1           You have the right to cancel this contract within 14 days without giving any reason.

5.2           The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.  

5.3           To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation format the bottom of this page, but it is not obligatory.

5.4           To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6               Effects of cancellation

6.1           If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2           We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

6.3           We will make the reimbursement without undue delay, and not later than:

6.3.1       14 days after the day we received back from you any goods supplied; or

6.3.2       (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

6.3.3       if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.4           We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.5           We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

6.6           If you have received goods:

6.6.1       you shall send back the goods to Helvetica  LTD (trading as and collectively referred to as  (“Next Watch Club”), 20-22 Wenlock Road, London, England, N1 7GU 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;

6.6.2       you will have to bear the direct cost of returning the goods and

6.6.3       you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.7           We may need to consult an independent watchmaker to confirm that the goods returned are the same as those goods supplied to you. Should we need to do this, we will complete this within 14 days after the day we received back from you any goods supplied and if the goods returned are confirmed to be the same as those goods supplied to you, we will reimburse you in accordance with clauses 6.3.1 and 6.4.

7               Delivery

7.1           We use Fedex, DHL or Ferrari Expeditions to deliver our goods. During the online checkout process, you will be given available delivery options to choose from and notified of any other costs in order to purchase your goods.

7.2           The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).

7.3           If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.4           Delivery will take place at the address specified by you (within the UK) when you placed your order with us.

7.5           We cannot deliver the goods if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence).

7.6           Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:

7.6.1       let you know;

7.6.2       cancel your order; and

7.6.3       give you a refund.

7.7           If nobody is available to take delivery, please contact us using the contact details at the top of this page.

7.8           You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.

8               Payment

8.1           We accept the following credit cards and debit cards: Mastercard and Visa. We do not accept cash or cheques.

8.2           We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3           Your credit card or debit card will only be charged when the goods are dispatched.

8.4           All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

8.4.1       Verified by Visa: visa.co.uk;

8.4.2       Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb.html ; or

8.5           If your payment is not received by us and you have already received the goods, you must:

8.5.1       pay for such goods as soon as possible and in any case within 7 days; or

8.5.2       return them to us as soon as possible and in any case within 7 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

8.6           If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

8.7           Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.8           All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges.

9               Nature of the goods

9.1           The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

9.2           We are under a legal duty to supply you with goods that are in conformity with this contract.

9.3           The packaging of the goods may be different from that shown on the site.

9.4           While we try to make sure that:

9.4.1       all weights, sizes and measurements set out on the site are as accurate as possible.

9.4.2       the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

9.5           Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

9.6           If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:

9.6.1       we will let you know if we intend to do this but this may not always be possible; and

9.6.2       you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

10             Faulty goods

10.1        Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1    contact us using the contact details at the top of this page; or

10.1.2    visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

10.2        Nothing in this contract affects your legal rights under the
Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3        If your goods are faulty, please contact us using the contact details at the top of this page.

11             End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12             Limitation on our liability

12.1        Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1    losses that were not foreseeable to you and us when the contract was formed;

12.1.2    losses that were not caused by any breach on our part;

12.1.3    business losses; or

12.1.4    losses to non-consumers.

13             Third party rights
No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.

14             ADDITIONAL INFORMATION ABOUT OUR WEBSITE TERMS

14.1        You should read these Terms carefully before using the Website. By using the Website or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Website immediately.

14.2        These Terms apply to any parts of the Website, its functionality and content provided to you free of charge for entertainment purposes only.

14.3        The following Terms explain how you may use this Website and any of its content.

15             USING THE WEBSITE

15.1        The Website is for your personal and non-commercial use only.

15.2        You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.

15.3        We make no promise that the Website is appropriate or available for use in locations outside of Great Britain. If you choose to access the Website from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

15.4        We try to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us using the contact details at the top of this page.

15.5        As a condition of your use of the Website, you agree not to:

15.5.1    misuse or attack our Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

15.5.2    attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

15.6        We may prevent or suspend your access to the Website if you do not comply with these Terms or any applicable law.
 
 
16             REGISTRATION AND PASSWORD SECURITY

16.1        Use of the Website requires registration, particularly in order to access your account area of the Website.

16.2        We are not obliged to permit anyone to register with the Website and we may refuse, terminate or suspend registration to anyone at any time.

16.3        You are responsible for making sure that your password and any other account details are kept secure and confidential.

16.4        If we have reason to believe there is likely to be a breach of security or misuse of the Website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

17             INFRINGING CONTENT

17.1        We will use reasonable efforts to:

17.1.1    delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

17.1.2    identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in our reasonable opinion unacceptable to us
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
 
17.2        If you believe that any content which is distributed or published by the Website is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

18             OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

18.1        The intellectual property rights in the Website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Website (Content) are owned by us and our licensors.

18.2        We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

18.3        Nothing in these Terms grants you any legal rights in the Website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Website or the Content.

18.4        Trade marks: Next Watch Club is our trademark. Other trade marks and trade names may also be used on the Website or in the Content. Use by you of any trade marks on the Website or in the Content is strictly prohibited unless you have our prior written permission.

19             SUBMITTING INFORMATION TO THE WEBSITE

19.1        While we try to make sure that the Website is secure, we do not actively monitor or check whether information supplied to us through the Website is confidential, commercially sensitive or valuable.

19.2        Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Website will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

20             ACCURACY OF INFORMATION AND AVAILABILITY OF THE WEBSITE

20.1        We try to make sure that the Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.

20.2        We may suspend or terminate access or operation of the Website at any time as we see fit.

20.3        Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Website and its Content.

20.4        While we try to make sure that the Website is available for your use, we do not promise that the Website will be available at all times or that your use of the Website will be uninterrupted.

21             HYPERLINKS AND THIRD PARTY SITES

The Website may contain hyperlinks or references to third party advertising and websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the Terms of that third-party site and is at your own risk.

22             EVENTS BEYOND OUR CONTROL

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

23             RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

24             VARIATION

24.1        No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause.

24.2        We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

25             DISPUTES

25.1        We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

25.2        If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

25.3        The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

25.4        If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

 

APPENDIX 1 MODEL CANCELLATION FORM

Model Cancellation Form

To: Next Watch Club, 20-22 Wenlock Road, London, England, N1 7GU

Email address-   contact@nextwatchclub.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following watch brand, year of manufacturer and reference:

Ordered on [*}/ received on [*},

Name of Consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*} Delete as appropriate