1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products and services to you [the Customer].
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. C & R Struthers Watchmakers, Fox by Struthers London and Struthers London are all trading names of Struthers Watchmakers Limited a company registered in England and Wales. Our company registration number is 09136172 and our registered office is at 15-17 Regent Place, Birmingham, B1 3NL. Our registered VAT number is 192 48 4481.
2.2 How to contact us. You can contact us by telephoning us on 0121 236 8014 or by writing to us at firstname.lastname@example.org 15-17 Regent Place, Birmingham, B1 3NL.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. How we work and our contract with you
We pride ourselves on providing a highly personalised service to all our customers but the broad process falls into one of two categories
- Servicing and restoration of Customers’ Watches
- Design, manufacture and supply of bespoke products to our customers specification which we describe as “Commissioned Items”
4. This section relates to the Servicing and Restoration of Customers items
4.1 Arranging a Service or Restoration
Our indicative costs for servicing are as follows:-
Manual Watch £362.50 + VAT
Automatic Watch £412.50 + VAT
Pocket Watch £450.00 + VAT
4.2 These costs include an Inspection and Assessment fee of £62.50 +VAT. Servicing always includes a thorough strip, clean & overhaul and also includes polishing of screws, pivots, basic hair spring manipulation and light case refurbishment. Other works will be individually quoted after examination.
4.3 Prior to sending us your watch we recommend that you photograph it and send us the photograph by email together with a note of its make, model and serial number (where available). This is for your protection as we cannot be responsible for any goods lost or damaged in transit to us. It is your responsibility to choose suitable methods of postage that will ensure safe delivery and adequate compensation in the event of loss or damage.
4.4 On receipt of your watch for Servicing or Restoration we will assume responsibility for its safekeeping and carry out an expert examination and assessment. By sending your watch to us you accept and authorise us to dismantle your watch for this assessment. We will then provide you with a detailed quotation including details of any parts required and an estimated completion date. At this stage we are not obliged to accept the job and you are under no obligation to proceed.
4.5 If for any reason we are unable to accept the job we will inform you in writing and return the watch in the same condition as it was received without delay by Royal Mail Special Delivery service which includes insurance up to £2,500 value. Higher value items will be returned via an alternative carrier selected on a case by case basis to ensure that appropriate insurance is in place at the Customers cost.
4.6 If you choose not to accept our quotation within 21 days we will issue an invoice for the Inspection & Assessment and on receipt of payment will return the Watch in the same condition as it was received by Royal Mail Special Delivery service which includes insurance up to £2,500 value. Higher value items will be returned via an alternative carrier selected on a case by case basis to ensure that appropriate insurance is in place at the Customers cost.
4.7 If you choose to proceed then on receipt of written acceptance of our quotation a contract is then formed between us and we will proceed to carry out the quoted works.
4.8 If exceptionally additional work is needed once the service or restoration is underway which we could not reasonably have anticipated when preparing the quotation we will notify you, provide updated costings and seek instructions before proceeding further.
4.9 Timescales – We aim to complete Servicing and Restoration within the following timescales
- Servicing 3-6 weeks
- Restorations 6-10 weeks
The intervals do vary depending on workloads so to help our Customers we give an estimated completion date when we issue our quotation. These timescales may also extend for reasons outside of our control such as availability of parts or the need to make new parts but we will keep you informed and will always endeavour to complete work in the shortest time without ever compromising on the quality of our workmanship.
4.10 See also Clause 8 in general terms section for more information on timescales.
4.11 Once the agreed servicing and restoration work is complete the watch will be placed on 7 day test and we will notify you. At this time we will issue our invoice for immediate settlement which will facilitate return of the watch immediately after successful completion of the 7 day test. See also Clause 16.
5. This section relates to the design, manufacture and supply of bespoke products to Customer’s specifications – referred to as “Commissioned Items”
- Our very broad indicative costs (all plus VAT) for Commissioned Items are
Tailored version of an existing watch design
In Silver - £20 - £27, 000
In Gold - £28 - £40, 000
Fully bespoke watch design
In Silver - £30 - £40, 000 +
In Gold - £45 - £60, 000 +
All Commissioned items include a quality display case, a photographic build history and a certificate of authenticity.
5.2 We want to make the creation of a Commissioned Item a rewarding experience for all our Customers. So on receipt of an enquiry from a potential Customer we are very happy to have an initial discussion about the type and style of Item you have in mind and to make general suggestions about how your ideas may be fulfilled, entirely without obligation. Ideally, we encourage potential customers to visit our studio in Birmingham for this initial discussion but if this is not practical then we can do this by Skype or telephone and follow up by email.
5.3 Although we make every effort to display colours and sizes accurately, as all our products are handmade, Customers should be aware that the images of products shown in our brochures, as an attachment to emails and on our web-site are for illustrative purposes only.
5.4 The Design Phase. Following the initial discussion, if you are mindful to order a Commissioned Item, the next stage is for us to create three hand rendered drawings of design concepts and following your feedback a final drawing together with a detailed specification and quotation. This is a time consuming process so there is an upfront fee for this design service of £1500 + VAT which is payable in advance but is refundableby way of a credit against the final invoice if the Commissioned Item proceeds.
5.5 If after providing the design and quotation you do not wish to proceed for any reason there is no further obligation between the parties.
5.6 If you are happy with the design and quotation and wish to proceed we ask that you sign and return a copy of the quotation document as confirmation. This order constitutes an offer to us to purchase the Commissioned Item. All orders are subject to confirmation by us and we will confirm such acceptance after receipt of your initial payment by sending you an email confirming that we will begin production (The Order Confirmation)
5.7 At the same time as issuing the Order Confirmation for the Commissioned item we will issue an invoice for 50% of the quoted total cost. This is due for payment before production commences.
5.8 Subsequent payments will be invoiced according to the following timetable unless we have agreed otherwise in the Order Confirmation
12 weeks after Production commences – 20% of the quoted total cost
20 weeks after Production commences – 20% of the quoted total cost
28 weeks after Production commences – 10% of the quoted total cost
5.9 Throughout the production process we will provide updates to you on the progress of the Commissioned Item and the timescales. At all stages Customers are encouraged to visit our studio in Birmingham to see progress and where options have not been finalised to discuss the exact specification of their order.
5.10 Exceptionally, some details may not have been finalised at the Customers request at the time of drawing up the specification and quotation for the Commissioned Item. Examples might be the exact shade of dial colour, the shape of the watch hands or the strap design. In such circumstances, we will need this information during the production process. We will contact you in writing to request this information when appropriate to avoid delays in the production process and make our proposals as to the possible choices together with our recommended options. If we do not receive this information from you within 30 days of us asking for it we may either make an additional charge of a reasonable sum to compensate us for the extra work that is required as a result or proceed with the recommended options. We will have no liability to the Customer for delays in providing the Commissioned Item late but will of course discuss the circumstances with the Customer if significant delays are likely to occur.
5.11 On completion of the Commissioned Item we will provide confirmation including photographs to you together with a credit for the refunded design fee.
5.12 We prefer Customers to collect their commissioned Item from our Workshop as part of the bespoke experience but on request will arrange delivery to an address chosen by you.
5.13 Delivery in the UK will be made by Royal Mail Special Delivery Service, hand delivery in person, or via another appropriate Courier which includes insurance up to the value of the item. If outside the UK a reputable Courier will be engaged on your behalf. In such circumstances you assume full responsibility for any local taxes or import duties that may be levied. All deliveries are at the Customers risk.
5.14 We have a policy of ethical sourcing of stones and other material for Commissioned Items. However some countries have embargoes relating to the ban of certain stones or raw materials, such as Burmese rubies into United States of America. It is your responsibility to ensure that the Commissioned item does not breach the rules of the Country to which you instruct us to ship it so preventing us from supplying the Commissioned Item to you and potentially incurring costs if the Commissioned Item is confiscated, lost or returned to us from the Border.
5.15 Risk & Title. The Commissioned item will be your responsibility from the time of delivery. Good title to the Commissioned item will only pass to you when we receive full payment of all sums due in respect of the Commissioned Item.
6. Your rights to make changes to a Commissioned Item
6.1 If you wish to make a change to the specification of the Commissioned Item please contact us in writing. We will let you know if the change is possible. If it is possible to make the change we will let you know about any variations in the price of the Commissioned Item, the timescale or anything else which would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead with the change.
6.2 If, after providing an updated quotation and specification reflecting the requested change, we do not receive your written confirmation within 21 days we will proceed with the original specification.
7. Your right to cancel a Commissioned Item
We want every Customer to be delighted with their Commissioned Item but recognise that circumstances can change.
7.1 If you change your mind during the production of your Commissioned Item you will still be liable to pay for all the work undertaken to produce your Commissioned Item at the time of cancellation. Depending on the stage of production this may well exceed the scheduled payments invoiced and may be as much as the full quoted price.
7.2 If you change your mind and decide to cancel after your Commissioned Item is complete you are liable for the full quoted price.
GENERAL CLAUSES APPLICABLE TO BOTH SERVICING & RESTORATION AND COMMISSIONED ITEMS
8.1 We are not responsible for delays outside our control. If our performance of the services or supply of your Commissioned Item is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. In the event of such a delay, we will not be liable to you for any cost, expense, liability suffered or incurred by you, or any stress, inconvenience or loss of use of your Commissioned item or Watch, arising out of or connected with the delay
9. Responsibility for goods
9.1 All customers are asked to provide us with their full postal address at the time of order. Goods will be your responsibility from the time we deliver the product to the address you gave us, or you or a carrier arranged by you collect it from us.
10. Ownership of goods
10.1 You have good title to a product once we have received payment in full.
10.2 We return all parts where possible unless dangerous (e.g. badly smashed glass or radioactive material) but we reserve the right to keep or dispose of parts or components which we replace. We may use generic parts or manufacture parts if the original parts are not available to us. This may be because the parts are no longer inproduction or their supply is restricted by the manufacturer.
11. Exercising your right to change your mind
11.1 Exercising your right to change your mind (Consumer Contracts Regulations 2015) If you are a consumer then for most products bought online you have a right to change your mind within 14 days and receive a refund.
11.2 Your rights as a consumer to change your mind do not apply in respect of
- Services that have commenced or been completed
- Any bespoke products manufactured, or being manufactured to your specification. This includes all Commissioned Items
- Orders placed from outside the UK, Channel Islands & Isle of Man
12. We may end the contract if you break it.
12.1 We may end the contract at any time by writing to you if:
i. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
ii. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, colour of dial, shape of hands, style of numerals
iii. you do not, within a reasonable time, allow us to deliver the products you have ordered or collect them from us.
13. You must compensate us if you break the contract.
13.1 If we end the contract in the situations set out in clause we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract. If this relates to a Commissioned Item then we will retain ownership of the partially completed item and its associated design and parts.
14. If there is a problem with the services
14.1 How to tell us about problems. If you have any questions or complaints about the services, or there is a problem with your Commissioned Item then please contact us without delay. You can contact us by writing to us at email@example.com 15-17 Regent Place, Birmingham, B1 3NL.
14.2 Summary of your legal rights. See the section below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- Products must be as described, fit for purpose and of satisfactory quality.
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or, get some money back if we can't fix it.
- If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
We warrant to you that any Commissioned Item purchased from us will on delivery, and for the following three years, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which items of that kind are commonly supplied. In relation to watches we have serviced or restored we only provide a warranty to the mechanical functionality of the watch not individualpart replacement for a period of 12 months from the date of completion.
15.1 Invalidation of Warranty - If the watch is opened, inspected or repairs are performed by another person not authorised by us in writing any warranty given by us will be immediately void and no refund will be considered.
15.2 Provision of Warranty - In the event of a valid warranty claim we will decide at our absolute discretion whether to repair or replace the failed part (s).
15.3 Warranty Period - The provision of services under the warranty does not extend the warranty period or set a new warranty period. A warranty will not cover:
- Failure of components not fitted by us during the service or restoration.
- Defects caused by general wear and tear.
- Accident or negligence or lack of care.
- Components that are expected to require periodic replacement.
- Glass breakage.
- Water damage.
16. Price and payment
16.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price set out in our quotation at the date of your order unless we have subsequently agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct.
16.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
16.3 When you must pay and how you must pay. Unless specifically agreed otherwise you must make an advance payment of 50% of the price of the Commissioned Item, before we start production. Further payments must be made in accordance with the schedule set out in the quotation. For Servicing & Restorations we will invoice you for the price of the services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice. Payment must be in Sterling. We prefer payment by BACS but also accept Bankers Draft, Cash, Cleared Cheque, and All Major Credit & Debit Cards.
16.4 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 16.3) we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.We reserve the right to seek recovery of any monies remaining unpaid 60 days from date of invoice via Collection Agencies. In such circumstances you shall be liable for any and all additional administration and/or court costs.
16.5 Sale & Lien. If you have not made payment 6 months following the date of invoice we reserve the right to sell your watch or Commissioned Item and deduct all sums due under this contract. We will hold any balance of funds on trust for a further period of 12 months. Thereafter you shall have no claim to any proceeds of sale.
16.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly in writing to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
17. Our responsibility for loss or damage suffered by you
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 14.2. or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
17.3 When you must pay and how you must pay. Unless specifically agreed otherwise you must make an advance payment of 50% of the price of the Commissioned Item, before we start production. Further payments must be made in accordance with the schedule set out in the quotation. For Servicing & Restorations we will invoice you for the price of the services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice. Payment must be in Sterling. We prefer payment by BACS but also accept Bankers Draft, Cash, Cleared Cheque, and All Major Credit & Debit Cards.
18. How we may use your personal information
18.1 How we will use your personal information. We will use the personal information you provide to us to:
18.2 provide the products and services;
18.3 process your payment for such products and services; and
18.4 if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these communications at any time by contacting us in writing.
18.5 We may pass your personal information to credit reference agencies. Where we extend credit to you for products and services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
18.6 We will only give your personal information to other third parties where the law either requires or allows us to do so.
19. Other important terms
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2 You may only transfer your rights under our Warranty to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.
19.3 Nobody else has any rights under this contract(except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not issue reminders but we continue to provide the services, we can still require you to make the payment at a later date.
19.6 Which laws apply to this contract and where you may bring legal proceedings.These terms are governed by English law.
The use of our website means that you are agreeing to accept the terms and conditions of use.
"We" and "us" means Struthers Watchmakers Ltd
"You" means the person using the website
The "website" means www.strutherswatchmakers.co.uk
20.1 These terms and conditions apply to the website www.strutherswatchmakers.co.uk, its contents and products.
20.2 By using the website you confirm that you are at least 18 years old, or, if you are under 18, that you are accessing the website with the consent of your parent of guardian.
20.3 You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without written consent from us. Images or content from this website may be printed out for legitimate use relating to the company.
20.4 The images on the site are for informational purposes only and are automatically protected under UK copyright law.
20.5 You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses. We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.
20.6 We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.
20.7 The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.
20.8 We reserve the right to terminate the website or remove any of the services on it with immediate effect at any time.
21. Designs and Copyright
21.1 All of the designs displayed on www.strutherswatchmakers.co.uk are the company's intellectual property and are automatically protected under design right and copyright laws. This means that the use of these designs for any purpose without our written permission would be an infringement of The Patents Act 1977 as amended.
21.2 Any infringement of design right or copyright (such as copying by other manufacturers or retailers) would entitle us to take civil action in court with a view to seeking damages.