31. These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
32. COMMUNICATIONS BETWEEN US
a. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to Trilogy Jewellers at trilogyjewellers.co.uk or by pre-paid post to Unit 6, Heart of Hatton, 32 Hatton Garden, London, EC1N 8DL. We will confirm receipt of this by contacting you in writing, normally by e-mail.
b. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have given us.
33. WAIVER
a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
34. SEVERABILITY
35. If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
36. THIRD PARTY RIGHTS
37. Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
38. OUR RIGHT TO VARY THESE TERMS
a. We have the right to revise and amend these Terms from time to time.
b. You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).
39. TRANSFER OF OUR RIGHTS AND OBLIGATIONS
40. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
41. GOVERNING LAW AND JURISDICTION
a. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that these Terms are governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction withTrilogy Jewellers in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
42. OUR DETAILS
43. Trilogy Jewellers is a trading name of Trilogy Jewellers Limited, whose registered office is at 1 Raven Road, London, EC1N 8DL, registered in England & Wales under company registration number 11538275. Our main trading address is Unit 6, Heart of Hatton, 32 Hatton Garden, EC1N 8DL As a consumer, nothing in these Terms will affect your legal rights.
SELL YOUR WATCH
INTRODUCTION
This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch.
These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.
If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.
These terms and conditions should be read in conjunction with our “Privacy Policy” and “Terms of Website Use” terms and conditions.
Please note that these terms and conditions only apply to our “consumer” customers. If you are a “business” customers, you will be advised of the applicable terms and conditions by a member of our sales team.
Please ensure that you review clauses 14 and 18 as they include important limitations on, and exclusions of, our liability.
1. INTERPRETATION
a. The following definitions and rules of interpretation apply in these terms and conditions:Our website, the website: the website at the domain http://www.trilogyjewellers.co.uk
Watch, item: the watch (or any part of it) that you wish to sell either to us or through us together with any accompanying box, sales literature, promotional material and other documentation (where applicable).
We, us, our: Trilogy Jewellers Limited (registered in England and Wales with company number 11538275).
Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.
You, your: the person or other entity that wishes to sell an item either to us or through us.
b. Clause headings shall not affect the interpretation of these terms and conditions.
c. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. OUR CONTRACT WITH YOU
a. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make and condition, by either entering details on the “Sell Your Watch” page on our website or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell or by providing your watch details to one of our designated purchasing agents (“Purchasing Agents”).
b. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
c. You will then either receive an e-mail from us with an initial valuation or have the value confirmed directly by one of our designated Purchasing Agents.
d. Please note that we may request proof of purchase from you at our discretion by way of an original receipt or invoice. Please see the section “Proof of Purchase” for further details.
e. Any valuations are provided on a "subject to contract" basis and, unless otherwise stated, are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
f. If you are happy with the initial valuation issued by us, or with any final value confirmed by one of our Purchasing Agents, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below, or alternatively handed over in-store to our designated Purchasing Agent. The Purchasing Agent will then organise delivery of the watch to our offices.
g. On receipt of your watch at our offices, the purchase of your watch is subject to due diligence checks which may include a search through The Watch Register (a subsidiary of the Art Loss Register) and, unless otherwise agreed with our Purchasing Agent, also to an inspection. Please note: should your watch match an item on The Watch Register’s database of stolen watches then Trilogy Jewellers will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment or credit will be made and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance in negotiating an amicable settlement with any good faith holders. As soon as a clear check result is received, where relevant, an inspection of your watch and any accompanying paperwork will then be carried out. Where an initial valuation has previously been given by us we will then contact you by email with a final valuation for your watch. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.
h. Where relevant, a revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
i. If you wish to proceed with a sale you will need to accept our final valuation or the final valuation offered by the Purchasing Agent. Subject to these terms and conditions the contract between us will only be formed when you have accepted the final price quoted. Upon your acceptance either: (a) we will then send you an e-mail confirming the agreed sum to be paid by us (see “Payment below”), when payment will be made, and the payment method; or (b) where you are part-exchanging your watch for a new watch to be sold by the Purchasing Agent, we will issue you with a merchandise credit [part exchange code], which will be deducted from the purchase price of the new watch sold by the Purchasing Agent; or (c) where you are accepting a credit from the Purchasing Agent as consideration for the sale of your watch to us, we will procure that the Purchasing Agent issues you with a merchandise credit equal to the agreed final price.
j. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below. If you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch, or if you are accepting a merchandise credit from the Purchasing Agent, in terms of the new watch that you purchase from the Purchasing Agent or the merchandise credit to be issued by the Purchasing Agent, you will be subject to the Purchasing Agent’s terms and conditions of sale or credit.
k. Please note that if you visit our showroom, or the store of the Purchasing Agent, in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.
l. You can keep track of the process by logging into your Trilogy Jewellers account. We will also keep you regularly updated by e-mail.
3. PRICE AND PAYMENT
a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
b. We will make payment to the bank account advised by you or where you are part-exchanging your watch for a new watch to be sold by the Purchasing Agent, we will issue you with a merchandise credit [part exchange code], which will be deducted from the purchase price of the new watch sold by the Purchasing Agent. Where you are accepting a merchandise credit from the Purchasing Agent, the value of the merchandise credit will be in full and final consideration for the sale of your watch to us and no further payments will be made. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.
c. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.
d. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
e. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, or if you have already purchased a new watch from the Purchasing Agent by utilising the merchandise credit given in respect of your watch, or have already been issued with a merchandise credit from the Purchasing Agent, you must refund us the full purchase price paid, or pay to us or the Purchasing Agent, as we may direct, the full amount of the relevant merchandise credit, within 7 days of receipt of notice from us. If the sale involved a part-exchange with us, please see “Part-Exchanges” below.
f. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
g. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).
h. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
i. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.
4. DELIVERY
a. You will deliver the items:
i. to our premises at Unit 6, Heart of Hatton, 32 Hatton Garden, London, EC1N 8DL or as instructed by us prior to delivery (Delivery Location) during our normal business hours or as instructed by us; or
ii. by handing the items in-store to the Purchasing Agent.
b. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).
c. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.
d. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location. This will not apply to items handed to the Purchasing Agent where you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch or are receiving a merchandise credit directly from the Purchasing Agent.
e. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging and insurance costs of returning the items to you unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special DeliveryTM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)
f. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location, or where relevant upon confirmed receipt of the items by the Purchasing Agent.
g. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.
h. In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.Risk and title
i. Your watch will be our responsibility from the time of delivery to the Delivery Location or where relevant upon confirmed receipt of the items by the Purchasing Agent.
ii. Subject to these terms and conditions, ownership of the watch will pass from you to us when the contract has been completed between us namely (a) when the purchase price has been paid to you by us; or (b) where you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch, when we have issued the [part exchange valuation code] as described above under “Our Contract With You”; or (c) where you are receiving a merchandise credit directly from the Purchasing Agent, when the Purchasing Agent’s merchandise credit terms have been accepted by you.
5. CUSTOMS
6. If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. 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.
7. THE ITEMS
8. You will ensure that the items will:
a. correspond with their description;
b. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and
c. be free from defects in design, material and workmanship.
d. In some instances a non-manufacturer strap may be fitted to a watch.
9. YOUR UNDERTAKINGS
10. You confirm that:
Information supplied by you
a. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
b. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;
c. Title
d. the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
i. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
ii. the watch is not subject to an undisclosed finance agreement; and
iii. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;
e. Condition
f. there are no undisclosed physical defects with the watch;
g. the watch has not been an insurance “write-off” or subject to substantial remedial repairs;
h. the watch has not been altered or tampered with;
i. Authenticity and provenance
j. you accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and
k. the serial numbers and documentation are original, genuine and accurate.
11. You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.
12. REMEDIES
a. If the items do not comply with clause 6 (The Items) and the undertakings set out in clause 7 (Your Undertakings), then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:
b. to terminate the contract;
c. to reject the items (in whole or in part) and return them to you at your own risk and expense;
d. to require you to provide a full refund of the price of the rejected items (if paid), or of the full amount credited to you where you have purchased a new watch from the Purchasing Agent in part-exchange of your current watch or have been issued a merchandise credit by the Purchasing Agent;
e. to recover from you any costs incurred by us in obtaining substitute items from a third party; and
f. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
g. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
13. LIEN
14. Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.
15. PART-EXCHANGES
a. For details of how the contract is made and the terms and conditions applicable for a part exchange with us, please see “Our Contract With You” above.
b. A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, whether with us or with our Purchasing Agent, we may at our sole discretion offer either a return of your watch or payment of the part exchange allowance.
c. In the event that we discover that the watch you are selling us in part-exchange either for another watch from us, or for a new watch or a merchandise credit from our Purchasing Agent, is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we and/or our Purchasing Agent have the option to rescind either or both contracts and, if we and/or our Purchasing Agent choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, you must refund us all sums paid by us to you, or where relevant pay the full amount credited to you, within 7 days of receipt of notice from us. If we have already dispatched the watch you sought to purchase from us, you will further need to either return this watch to us or pay us the full purchase price for this watch.
d. Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy from us, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.
16. PROOF OF IDENTITY
a. If you visit our offices or the store of our Purchasing Agent, in order to sell your watch, we will need you to produce two forms of original identification during your visit. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.
b. It will be necessary for you to produce the original of one document from each of the following two categories:
i. Proof of identity
ii. Current valid passport
iii. Current driving licence
iv. Other (e.g. known employer identity card with photo and signature)
v. Proof of address
vi. Recent utility bill
vii. Council tax bill
viii. Bank statement
17. PROOF OF PURCHASE
a. Wherever possible, we aim to collect proof of purchase with every transaction by way of an original receipt or invoice. A warranty card will not be accepted as proof of purchase.
b. If proof of purchase cannot be provided, you will be referred to a senior member of staff who will evaluate the risks based on other information already provided by you as above.
c. Please be aware that our decision to continue with the transaction without proof of purchase is at our complete discretion and we reserve the right to cancel the transaction at any time.
18. LOSS OR DAMAGE
a. If any item you have posted to us, or which has been handed to the Purchasing Agent on our behalf is lost or damaged while it is with us or the Purchasing Agent, and you provide satisfactory proof that you posted it and we or the Purchasing Agent received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.
b. We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.
19. PRIVACY
20. Please review our Privacy Policy, which also governs your visit to trillogyjewellers.co.uk, to understand our practices. Where you are part-exchanging your watch for a new watch to be sold by the Purchasing Agent, or are receiving a merchandise credit from the Purchasing Agent, we will share your personal information with the Purchasing Agent for the purposes of your part-exchange and/or the issue of the merchandise credit and they will share your personal information with us for the purposes of collecting your watch from you. Please refer to the Privacy Policy of the relevant Purchasing Agent for more information on how they process your personal information.
21. OUR LIABILITY
a. Subject to clause 14(b), 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, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions.
b. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss may not apply to you, 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 you commenced using the website or when you sold an item either to or through us.
c. Subject to clause 14 (d), our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant).
d. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).
22. ENTIRE AGREEMENT
a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
23. CONFLICT WITH OTHER AGREEMENTS
24. This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.
25. NO PARTNERSHIP OR AGENCY
26. Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
27. EVENTS OUTSIDE OF OUR CONTROL
28. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (not involving Trilogy Jewellers employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
29. COMMUNICATIONS BETWEEN US
a. When we refer, in these terms and conditions, to "in writing", this will include e-mail.
b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Trilogy Jewellers Limited at info@trilogyjewellers.co.uk or Unit 6, Heart of Hatton, 32 Hatton Garden, London, EC1N 8DL. We will confirm receipt of this by contacting you in writing, normally by e-mail.
30. WAIVER
a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
31. SEVERABILITY
32. If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
33. VARIATION
34. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
35. THIRD PARTY RIGHTS
36. This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
37. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
a. We have the right to revise and amend these terms and conditions from time to time.
b. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you agree to proceed with a sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).
38. GOVERNING LAW AND JURISDICTION
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with Trilogy Jewellers in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
39. OUR DETAILS
40. “Trilogy Jewellers" is a trading name of Trilogy Jewellers Limited, whose registered office is at 1 Raven Road, London, E18 1HB registered in England & Wales company registration number 04524723. Our main trading address is Unit 6, Heart of Hatton, 32 Hatton Garden, London, EC1N 8DL . Our VAT number is 313474128.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
BUY BACK GUARANTEE
Your watch may be accompanied by our buy back guarantee (if advised accordingly), which means that we guarantee to purchase your watch from you for a sum of at least the value stated in your buy back letter (the “Offered Price”) on or after two years following your purchase of the watch from us, subject to the following terms and conditions.
The buy back guarantee is subject to us inspecting your watch and your watch being returned us in good and saleable condition with all associated boxes, paperwork, link(s) and all other components (where applicable). Any devaluation as a result of a missing box, paperwork, link(s) and/or components will lead to a deduction from the Offered Price. Any servicing or refurbishment work deemed as necessary by us will be deducted from the Offered Price. In particular, we may make deductions from the Offered Price for wear of the watch strap, glass, clasp and other cosmetic damage, as well as normal wear-and-tear and damage caused to your watch by accidents, mishandling, mistreatment or negligence.
If you’ve been provided a “Part Exchange Only” buy back guarantee, the amount paid will be offered only as credit against another stock item. You will not be paid in any other form, including without limitation by cash, cheque or bank transfer. Where the Offered Price is more than the purchase price of the watch you wish to purchase from us, we will not issue you any change. Where the Offered Price is less than the purchase price of the watch you wish to purchase from us, you must pay us the outstanding balance. The transaction will be subject to our usual ‘Buy A Watch’ and ‘Part-Exchange’ (please see ‘Sell Your Watch’) terms and conditions, as amended from time to time. If an order is cancelled, a credit note will be issued or your watch returned to you if not sold, at our discretion. Any subsequent purchases may not benefit from the buy back guarantee. Please see 'Buy a Watch' clause 12(m) for when a credit note is used.
In order to maintain your buy back guarantee, you will need to return your watch to us at least once every 2 years from and including the date of purchase so that we may carry out a health check on your watch (date of purchase means the date that we receive full and cleared funds for the purchase price of your watch; this is the date we receive the final balance payment where you pay by instalments, unless you enter a finance agreement*). For example, if we receive your final payment on 05 February 2012, you will need to return your watch to us so that we receive it by 04 February 2014 and then subsequently at two-yearly intervals i.e. by 04 February 2016, 04 February 2018 etc.) Please note that for the purposes of your free health check, the earliest date on which we will accept your watch is 1 calendar month prior to the relevant due date (so, in the example above for the first health check, 04 January 2014). We will endeavour to send you reminders prior to each health check due date, though are under no obligation to do so.
The buy back guarantee will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent.
The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of your watch. Any modification of your watch by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer will invalidate the buy back guarantee.
If your health check reveals any issue with your watch that is covered by our warranty (please see our full warranty terms and conditions), then we will notify you accordingly and, on your instruction, carry out our recommended works free of charge. We will not be liable for the costs of any service and/or repair work revealed as necessary following the health check carried out by us if such work is not covered by the terms of our warranty.
Please note that you must securely deliver the watch to our appropriate service centre as advised and with adequate insurance, whether for the health check or to return your watch under the buyback scheme or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the UK and you have returned your watch to us for the free health check, we will not make a charge for the postage and packaging costs of returning the watch to you. We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for returning your watch to you if you are based outside of the UK.
Your buy back guarantee is personal to you and is non-transferable. The terms of this Buy Back Guarantee are in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).
* Where you enter into a finance agreement, the date of purchase means the date we receive the first balance payment in full and cleared funds from the finance company. You must have paid for the watch in full by the buy back date (2 years after purchase) in order for the guarantee to operate.
CARE PACKAGE
One free health check within the Trilogy Jewellers warranty period, during which Trilogy Jewellers will inspect your watch and use its reasonable endeavours to diagnose any issues with your watch. The watch must be delivered by the member to premises designated by Trilogy Jewellers in the usual way. The watch is your responsibility until it reaches our office. Please ensure you package your watch to prevent any damage to the item. We recommend you obtain proof of posting. All deliveries and insurance costs of the watch while in transit are at the customer's expense. Trilogy Jewellers shall not be liable for the repair of any watch which is revealed as required as a result of Trilogy Jewellers carrying out the health check.
You benefit from a two year warranty, which is otherwise subject to the same terms and conditions as our standard 12 month warranty. Please see "Warranty" terms and conditions for full details.
WARRANTY
Our pre-owned watches are accompanied either by our Full or Limited 12 month warranty (the "Warranty") from the day you receive your watch, protecting your watch against manufacturing and mechanical defects, subject to the following terms and conditions. Our Warranty does not include new watches that remain under cover of the Manufacturers warranty.
If your watch is protected by a Limited Warranty, given its age, we do not guarantee that your watch will keep typical expected tolerances for timekeeping, and it is no longer suitable for use in wet environments or submersion in water.
Your Warranty will be registered to your current postal address. To ensure your Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient.
The Warranty does not cover theft or loss of your watch, normal wear-and-tear, damage caused to your watch by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions). In particular, wear of the watch strap, glass, clasp and cosmetic damage are not covered by our Warranty. If your watch is covered by our Limited Warranty, deviations in time-keeping or damage caused to your watch by water ingress are not covered by our Warranty.
If your watch is returned to us due to a valid claim against our Warranty whilst it is still protected by the manufacturer warranty, we reserve the right to proceed with the works through the manufacturer warranty in the first instance.
Your Warranty will be invalidated in the event that a third party carries out any tests or work on your watch (including, without limitation, dismantling your watch to carry out an inspection) without our prior knowledge and consent.
The use of aftermarket components can severely compromise the technical performance, reliability and waterproofness of your watch. Any modification of your watch by the addition or substitution of components by aftermarket products that have not been provided by the manufacturer will invalidate your Warranty.
In the event of a claim against your Warranty, we will refund, repair or replace your watch at our sole discretion. Time will not be of the essence for completion of any works carried out under Warranty.
We have the final decision on all claims against our Warranty. If any dispute arises in connection with the Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our Warranty, where such recommendations conflict with our advice.
If you are based outside of the United Kingdom, you may have to pay import duty or other taxes, fees and charges applied by customs or other authorities of your country for work done under Warranty, particularly if you do not correctly complete the relevant declarations.
Please note that you must securely deliver the watch to our service centre as advised and with adequate insurance, whether for the health check or to claim against your Warranty or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the UK and have a valid claim against your Warranty, we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement only). We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for work carried out under Warranty if you are based outside of the UK.
Delivery of the watch will be completed when we deliver the watch to the address given in your order or when the watch is collected from our offices (by you or your representative).
If you arrange for another courier to collect the watch, delivery will be completed when the watch is collected from our offices. This means that we will not be responsible if the watch is lost or damaged in the course of transit.
The watch will be your responsibility from the completion of delivery.
Your Warranty is personal to you and is non-transferable. The Warranty is in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).
If you wish to make a claim against your Warranty, please contact a member of our servicing team by calling 02039298227 or emailing info@trilogyjewellers.co.uk
* Where you enter into a finance agreement, the date of purchase means the date we receive the final balance payment in full and cleared funds from the finance company.
VALUATIONS
If Trilogy Jewellers is instructed by a customer to carry out such a valuation, the following terms and conditions apply:
1. Trilogy Jewellers must physically inspect the watch.
2. The watch must be delivered by the customer to premises designated by Trilogy Jewellers.
3. The watch is your responsibility until it reaches our office. Please ensure you package your watch to prevent any damage to the item. We recommend you obtain proof of posting.
4. All deliveries and insurance costs of the watch while in transit are at the customer's expense.
5. Trilogy Jewellers will not be bound by any description provided or assumed by either party which, after investigation, proves to be different from that stated on submission of the watch by the customer.
6. A Trilogy Jewellers valuation will not prove to verify the provenance of the customer's watch.
7. Trilogy Jewellers shall not be liable for the repair of any watch which is revealed as required as a result of Trilogy Jewellers carrying out the valuation procedure.
8. The customer shall provide Trilogy Jewellers without delay any information that Trilogy Jewellers reasonably requires in order to complete the valuation process, which shall include an on-going obligation on the customer to provide Trilogy Jewellers without delay any information which could affect the level of valuation, and shall inform Trilogy Jewellers without delay in the case of any discrepancy between a Trilogy Jewellers valuation and valuations carried out by other parties.
9. Trilogy Jewellers reserves the right at its sole discretion to decline to accept any instruction by a customer for a watch valuation.
10. The Trilogy Jewellers terms and conditions apply to any valuation we give. Please note that Clause 9 of the Trilogy Jewellers terms and conditions below includes important limitations of our liability for work carried out by us and third parties. If you do not accept this clause, please either arrange your own insurance accordingly or do not send your watch to us.
TRILOGY JEWELLERS