Terms and Conditions Relating to the Sale or Part Exchange of a Valuable Item

The terms below will apply to every purchase of a watch by Michael Matthews Jewellery.com. Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis. No legally binding contract between the Seller and the Company will be formed in any circumstances until (I) the company has had the opportunity to conduct an on-site valuation of the item offered for sale and inspect any accompanying documentation, AND (ii) a physical examination of the item has been conducted by a qualified member of staff on behalf of Michael Matthews Jewellery Ltd (which may in some cases take place at a later date); AND (iii) the parties have entered into the company's standard written contract of purchase which incorporates the terms stated below.

If you are a consumer, nothing in these terms and conditions will affect your statutory rights.

References to the "Company" relate to Michael Matthews Jewellery Ltd. References to the "Seller" relates to you, the owner of the item which is the subject matter of the purchase.

1. Pre-Contract Information

a. You will receive a valuation for the sale or part exchange of your watch or piece of jewellery. You will need to provide us with certain information, which must be accurate, relating to the manufacture and condition of the watch or piece of jewellery that you want to sell.

b. The valuation provided is offered on a "subject to contract" basis and is not legally binding. Michael Matthews Jewellery Ltd reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.

c. The Seller warrants that they are the legal owner of the watch and consents to transfer the full unencumbered legal title and full ownership of the watch to Michael Matthews Jewellery Ltd.

2. Price Quoted

a. The price quoted in the valuation will be in pounds sterling and be defined as the net cost, please see the VAT margin scheme for further details. Companies should enquire as to their VAT implications.

b. All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.

c. If for some reason an error in the valuation quoted has occurred, Michael Matthews Jewellery Ltd will rectify the price as soon as is reasonably practicable after notification of the mistake. No liability whatsoever can be accepted by Michael Matthews Jewellery Ltd for accidental mistakes or errors caused by system failures.

3. Payment

a. Michael Matthews Jewellery Ltd will pay for the item either by cheque made payable to the Seller only.

b. Cleared funds may take up to 3-4 working days after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.

c. Michael Matthews Jewellery Ltd reserves the right to pay by any other appropriate payment method when and where reasonable.

d. Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a member of staff or a qualified watchmaker or gemmologist where deemed necessary.

4. Seller's Warranties

a. The Seller expressly warrants that all the information supplied during the valuation process is accurate and true.

b. The Seller warrants that their watch or piece of jewellery is not subject to any undisclosed finance.

c. The Seller warrants to the best of their knowledge and belief that the watch or piece of jewellery has not been an insurance write-off or has been subject to substantial remedial repairs.

d. The Seller warrants that the serial numbers and documentation have not been tampered with and are both genuine and accurate.

e. The Seller warrants that there are no undisclosed physical defects with their watch or piece of jewellery that a prudent purchaser should reasonably be informed of.

f. The Seller warrants that there are no undisclosed "title defects" with the watch or piece of jewellery that a prudent purchaser should reasonably be informed about.

g. The Seller warrants that they are the legal owner of the watch or item of jewellery, and that they have the full legal entitlement to transfer the full unencumbered legal title and full ownership of the watch or piece of jewellery to the Company.

h. The Seller warrants than no other person has any claim to the watch whether legal, equitable, possessory or otherwise.

i. Once a purchase/sale has been agreed between the Company and you as the Seller, cancellation of the agreement cannot be achieved without the expressed written permission of Michael Matthews Jewellery Ltd, The Seller will be liable for any consequential loss of profit to Michael Matthews Jewellery Ltd or any charges incurred, these will be detailed to The Seller before the cancellation request is approved.

5. Delivery

a. The watch must be delivered by the Seller and at the Seller's expense to the Company’s designated premises; namely MMJ, 17 Westover Road, Bournemouth BH1 2BY.

b. Collection of the watch directly Michael Matthews Jewellery Ltd will only be made in the most exceptional of circumstances and only by prior agreement. An additional charge may be levied in these circumstances.

c. Insuring the item in transit will solely be the Seller's responsibility. Michael Matthews Jewellery Ltd can not be deemed responsible for any items lost or damaged in transit.

6. Inspection

a. Your watch or piece of jewellery will be inspected by a representative of Michael Matthews Jewellery Ltd prior to completion of the sale. A revised valuation may be offered where (i) the watch or piece of jewellery does not fully comply with the information provided by the Seller during the valuation process, (ii) where the condition is such that it has a substantial impact of the value of the watch and/ or (iii) other relevant factors not disclosed affect the valuation.

b. In addition to the initial valuation, any watch movement may be physically examination by a qualified watchmaker or piece of jewellery by a qualified jeweller either before or after the Seller has agreed the valuation or sale contract. If either of these examinations are carried out after the written contract has been completed and agreed by the Seller, then the Company hold the right to rescind the contract for any serious defect subsequently discovered under such examination.

c. This inspection can be carried out at anytime the watch is the property of Michael Matthews Jewellery Ltd.

7. Insurance

a. Any watch or piece of jewellery held in the possession of Michael Matthews Jewellery Ltd is covered under the Company’s own insurance policy, the replacement value which will be defined as latest and most accurate trade value.

b. In the event of loss or damage to your watch or piece of jewellery incurred whilst in the possession of the Company, settlement will only be made once settlement has been received by the Company from the Company’s insurers.

8. Consequential Losses

a. The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.

9. Exclusion of Liability

a. The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.

10. Variation

a. The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.

11. Third Party Rights

a. Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

12. Governing Law and Jurisdiction

a. The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts. "Michael Matthews Jewellery" is a trading name of Michael Matthews Jewellery Limited whose registered office is A.D. Kilshaw, 99 Stanley Road, Bootle, Liverpool, Merseyside L20 7DA Registered in England & Wales under company registration number 3697318.

13. Part Exchanges

a. A part exchange allowance will be agreed between the Company and the Seller in tangible form. Where an order is cancelled (by either party) in which a part exchange is involved the company will offer a return of the watch or piece of jewellery OR payment of the part exchange allowance. This decision is made at the sole discretion of the Company.

 
 Follow us
Facebook
Twitter

Copyright © 2012 Michael Matthews Jewellery Ltd    Terms of Business    Site Map    Privacy

Powered By Intergage | www.intergage.co.uk