TERMS AND CONDITIONS - SELL YOUR WATCH
These Terms will apply to any contract between us for the sale of your watch to us (Contract).
Please read these Terms carefully and make sure that you understand them before selling your Watch to us. Please note that by selling your Watch to us you agree to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to sell a Watch to us, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 We operate the website www.miltonsdiamonds.com. We are Eric G Milton Limited, a company registered in England and Wales under company number 01351521 and with our registered office at Fifth Floor, Orleans House, Edmund Street, Liverpool, Merseyside, L3 9NG and G.S. Milton Limited, a company registered in England and Wales under company number 01176633 and with our registered office at Fifth Floor, Orleans House, Edmund Street, Liverpool, Merseyside, L3 9NG. Our main trading addresses are 74-76 County Road, Walton, Liverpool, L4 3QN (Eric G Milton Limited) and 15 Ormskirk Street, St Helens, WA10 1BQ (G.S. Milton Limited). Our VAT numbers are 303625981 (Eric G Milton Limited) and 165865721 (G.S. Milton Limited).
1.2 Contacting us if you are a consumer:
1.2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephone on 0151 5257812 or by e-mailing us at email@example.com.
1.2.2 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 provide to us in your order.
1.3 Contacting us if you are a business.
You may contact us by telephoning us at 0151 5257812 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
3 How we use your personal information
This clause 4 only applies if you are a consumer.
If you are a consumer, you may sell your Watch to us if you are at least 18 years old.
5 If you are a business customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you sell the Watch.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6 How the contract is formed between you and us
6.1 If you would like to sell your Watch to us you will need to provide us with relevant details of your Watch (including, without limitation, its model, make and condition) by entering details on the relevant page on our site or by responding to any request(s) for information that we make.
6.2 You must provide all of the information we request about your Watch and such information must be true, complete, accurate and not misleading. Any quotation we give in relation to your Watch will be given in good faith however is derived from a number of elements including, without limitation, the information you have supplied to us. As a result, if you provide us with untrue, incomplete, inaccurate or misleading information, this may mean that we give you a quote that is not a true reflection of your Watch’s value and this quote cannot be relied upon by you.
6.3 Once you have provided us with all requested information you will receive an e-mail from us with an initial valuation for your Watch (Initial Valuation). All valuations are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without any liability whatsoever.
6.4 If you approve of the Initial Valuation , then you will need to delivery or arrange for delivery of, the Watch to us in accordance with clause 10 (Delivery) below. On receipt of your Watch by us, we will carry out an inspection of your Watch and any accompanying paperwork/documentation that you have provided and also undertake any tests or other processes we think are necessary or desirable. Following such inspection / testing, we will then contact you with a final valuation for your Watch which is what we are willing to pay you for it (Final Valuation). Notwithstanding any such inspection or testing, you shall remain fully responsible for the Watch and any inspection or testing shall not reduce or otherwise affect your obligations under the Contract.
6.5 Following the Final Valuation being give as set out in clause 6.4 above, we reserve the right to amend the Final Valuation and therefore what we are willing to pay for your Watch in the following circumstances (Revised Final Valuation):
6.5.1 the Watch does not fully comply with the information provided during the valuation process set out above;
6.5.2 the condition of the Watch is such that it has a substantial impact on the value of the Watch;
6.5.3 there are other relevant factors not disclosed and that affect the valuation; and/or
6.5.4 for any other reason we deem appropriate (acting reasonably and in good faith).
6.6 If you wish to proceed with selling your Watch to us and accept our Final Valuation or Revised Final Valuation (as applicable) , we will arrange to pay you the Final Valuation or Revised Final Valuation (as applicable) sum by bank transfer (see clause 8 below (Price and Payment)). The Contract will only be formed when you have accepted the Final Valuation or Revised Final Valuation (as applicable). We will send you an e-mail confirming when payment has been made, the sum paid and the payment method.
7 Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you sell a Watch to or through us, the Terms in force at that time will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to the sale of your Watch from time to time to reflect changes in relevant laws and regulatory requirements.
8.1 All prices quoted by us and payments made by us will be in £GBP Sterling. All prices quoted will be inclusive of any applicable Value Added Tax (VAT). If you need to refund any sum to us for any reason, this will also be in £GBP Sterling.
8.2 We will make all payments to you to such bank account advised by you to us. Please note that you are responsible for ensuring the accuracy of your bank account details when you provide these to us. We will not accept any liability whatsoever if you provide us with inaccurate bank details or other information.
8.3 All payments made to you by us will be made by Banks Automated Clearance System (BACS) transfer. We reserve the right to pay any sum due to you by any other payment method when and where we deem this reasonable (acting reasonably and in good faith). We reserve the right to refuse a request to us for payment of any sums to a third party.
8.4 In the event that we discover that the Watch you are selling to us or have sold to us is counterfeit, lost, stolen or damaged or is not fully owned by you or you breach any term of the Contract including, but not limited to, those undertakings contained in clause 12 below, we reserve the right at our sole and absolute discretion and without prejudice to any other rights and remedies we may have, to rescind the Contract. If we choose to exercise this right we will notify you by telephone and/or by e-mail as soon as possible. If we have already made any payment(s) to you, you must refund to us the full amount of such payment(s) within 7 days of receipt of notice from us.
8.5 It is always possible that, despite our best efforts, we provide you with an incorrect valuation for your Watch. 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 Watch from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.
9.1 You will deliver the Watch:
9.1.1 to our premises at either 74-76 County Road, Walton, Liverpool, L4 3QN or 15 Ormskirk Street, St Helens, WA10 1BQ (as we notify to you) (Delivery Location); and
9.1.2 during our normal business hours or as instructed by us.
9.2 Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless we agree otherwise.
9.3 You will ensure that the Watch is properly packed and secured in such manner as to enable the Watch (and all items in relation thereto) to withstand the normal rigours of transit and reach the Delivery Location in good condition.
9.4 You must deliver the Watch to the Delivery Location at your own risk. We suggest that you obtain proof of posting.
9.5 Delivery of the Watch will be completed on the completion of unloading the Watch at the Delivery Location.
9.6 Once at the Delivery Location, we will confirm receipt of your Watch and it will be inspected.
9.7 In exceptional circumstances and only by prior agreement, we may agree to collect the Watch directly from you. We may make a charge for this service.
Risk and title
9.8 Your Watch will be our responsibility from the time of delivery to the Delivery Location.
9.8.1 Ownership of the Watch will pass from you to us when the Contract is concluded between us as described in these Terms.
10 THE Watch
10.1 You will ensure that the Watch:
10.1.1 corresponds with its description;
10.1.2 is of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) 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
10.1.3 is free from defects in design, material and workmanship.
11 YOUR UNDERTAKINGS
11.1 You warrant and represent to us that:
11.1.1 all the information supplied by you to us before conclusion of the Contract is true, complete, accurate and not misleading;
11.1.2 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;
11.1.3 the Watch is your property and that you are entitled to sell the Watch free from any charge, lien, burden, encumbrance or adverse claim. In particular:
184.108.40.206 the Watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
220.127.116.11 the Watch is not subject to an undisclosed finance agreement; and
18.104.22.168 no other person has any claim to the Watch, whether legal, equitable, possessory or otherwise;
11.1.4 there are no undisclosed physical defects with the Watch;
11.1.5 the Watch has not been an insurance “write-off” or subject to substantial remedial repairs;
11.1.6 the Watch has not been altered or tampered with;
11.1.7 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
11.1.8 the serial numbers and documentation are original, genuine and accurate.
12.1 If the Watch does not comply with the undertakings set out in clause 12 above, 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 Watch:
12.1.1 to terminate the Contract;
12.1.2 to reject the Watch (in whole or in part) and return it to you at your own risk and expense;
12.1.3 to require you to provide a full refund of the price of the rejected Watch (if paid); and
12.1.4 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.
12.2 Our rights and remedies under these Terms are in addition to our rights and remedies implied by statute and common law.
13.1 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.
14.1 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, we may at our sole discretion offer either a return of your Watch or payment of the part exchange allowance.
14.2 In the event that we discover that the Watch you are selling us in part-exchange is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under clause 12 above is breached, we have the option to rescind either or both contracts 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, you must refund us all sums paid by us 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.
14.3 Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy, 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.
15 LOSS OR DAMAGE
15.1 If any Watch you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the Watch based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the Watch less any of our costs including without limitation servicing fees.
15.2 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.
16 Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 Nothing in these Terms limits or excludes our liability for:
16.1.1 death or personal injury caused by our negligence;
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.1.4 defective products under the Consumer Protection Act 1987.
16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
16.2.1 any loss of profits, sales, business, or revenue;
16.2.2 loss or corruption of data, information or software;
16.2.3 loss of business opportunity;
16.2.4 loss of anticipated savings;
16.2.5 loss of goodwill; or
16.2.6 any indirect or consequential loss.
16.3 Subject to clause 16.1, our total liability to you in respect of all losses arising under or in connection with the Contract, 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 the Watch from you.
16.4 Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
17 Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We do not in any way exclude or limit our liability for:
17.2.1 death or personal injury caused by our negligence;
17.2.2 fraud or fraudulent misrepresentation;
17.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.2.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
17.2.5 defective products under the Consumer Protection Act 1987.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer you may contact us as described in clause 1.2.
19.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
19.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] Business Day after posting or if sent by e-mail, one Business Day after transmission.
19.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the sale of your Watch through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, a Contract 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.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).