Terms & Conditions

 

WEBSITE TERMS OF USEAUCTION TERMS | CONSIGNMENT TERMS | FIXED PRICE TERMS

 

 

WEBSITE TERMS OF USE

Last updated: March 2022

1. WELCOME TO A COLLECTED MAN LIMITED

1.1 Welcome to the A Collected Man website at www.acollectedman.com (“Website”).

1.2 The Website is operated by A Collected Man Limited (“we”, “us”, “our”). Our registered office is 111 Charterhouse Street, London, England, EC1M 6AW and our registered company number is 08929257. Our VAT registration number is GB220124084.

1.3 Access to and use of our Website is subject to the terms and conditions set out on this page ("Terms of Use"), as well as our Privacy Policy and our Cookie Policy.

1.4 By accessing our Website you agree to our Terms of Use. If you have any questions about them, please contact us using the contact details at the end of these Terms of Use.

1.5 If you sell products via our Website, our Consignment Terms apply.

1.6 If you purchase a product from us or via our Website, the Fixed Price Terms or Auction Terms apply.

2. OUR TERMS OF USE

2.1 Please ensure that you have read and understood our Terms of Use, our Privacy Policy and our Cookie Policy. We recommend that you save and/or print a copy for future reference.

2.2 From time to time, we may vary our Terms of Use. The revised Terms of Use will be available on our Website. Please check back regularly to ensure you are aware of any variations we may make. If you continue to use our Website after we make any changes, you will be deemed to have accepted any variations to our Terms of Use. If you do not agree to such variations, we ask you not to use our Website. These Terms of Use were last updated on the date stated at the top of this page.

3. ACCURACY AND AVAILABILITY OF OUR WEBSITE

3.1 We do our best to make sure that our Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

3.2 Our Website is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.

3.3 Materials posted on our Website are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on this Website is at your own risk.

3.4 Access to our Website is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.

3.5 We update our Website regularly and reserve the right to add, remove and otherwise change the Website and/or its content at any time without notice.

4. ACCESS TO OUR WEBSITE

4.1 You are responsible for making all arrangements necessary to access our Website (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.

4.2 You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms of Use.

4.3 Our Website is intended for use only by those who can access it from within the United Kingdom. If you choose to access our Website from locations outside the United Kingdom, you are responsible for compliance with local laws.

4.4 We want you and others to enjoy using our Website. When doing so, we ask that you observe the following rules:
(a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(b) you agree not to use our Website for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Website, including copyright and other intellectual property laws;
(c) you must not attempt to restrict another user of our Website from using or enjoying our Website and you must not encourage others to breach our Terms of Use;
(d) you must not interfere with our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device;
(e) you must not change, modify or alter our Website or change, modify or alter another website so as to inaccurately imply an association with our Website or with us; and
(f) you must not access our Website via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).

4.5 If you breach any of our Terms of Use, or any of the other terms and policies referred to in our Terms of Use, your ability to access and use our Website may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide to us.

5. ACCESSING YOUR ACCOUNT

If you register for an account on our Website, you may be required to select a user name and password and provide other personal information. Your account details are personal to you and you must keep such information confidential and not disclose them to any other person. We will be entitled to treat any action carried out through your account as being carried out by you. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person. We reserve the right to suspend or terminate your access to your account for any reason in our discretion.

6. YOUR PRIVACY & COOKIES

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

6.2 Our Website also uses cookies and similar technologies. Some of these are necessary for the operation of our Website, some provide specific features and functionality and others are used to collect information to help us analyse how our Website is used. Please see our Cookie Policy for more details of how we use cookies and similar technologies.

7. OUR INTELLECTUAL PROPERTY RIGHTS

7.1 Our Website and its contents are protected by certain rights, including registered and unregistered intellectual property rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Website and its contents. In particular, we reserve all Rights in the name “A Collected Man” the “acollectedman.com” domain name and all related domain names, trade marks, logos, brand names and/or trading names appearing on our Website. Nothing in these Terms grants you any legal rights in our Website or its contents other than as necessary to enable you to access and use our Website in accordance with these Terms of Use. The use of any trade marks on our Website is strictly prohibited unless you have our prior written permission.

7.2 You may only view, print out, use, quote from and cite our Website and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.

8. OUR LIABILITY TO YOU

8.1 Consumers have certain legal rights when using our Website. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms of Use affects these rights. In particular, we do not exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.

8.2 We will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.

8.3 Except as stated in clause 10.1: (a) we shall not be liable for any loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill; and (b) our maximum liability to you in respect of your use of our Website or any matter arising under or in connection with these Terms of Use shall not exceed £50.

8.4 Nothing in these Terms of Use affects our liability to you in respect of products that you sell via our website or purchase from us. Our liability to you in respect of your sale of products via our Website will be as set out in our Consignment Terms. Our liability to you in respect of your purchase of products via our Website will be as set out in our Fixed Price Terms or Auction Terms, as applicable.

9. YOUR LIABILITY TO US

Any use by you of the Website or its contents in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

10. LINKING TO OUR WEBSITE

10.1 You may link to any page of our Website, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.

10.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other website.

11. THIRD PARTY WEBSITES & SERVICES

11.1 Our Website may contain links to third party websites and services. If you decide to visit any third party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites or services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.

11.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Website, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.

12. GENERAL PROVISIONS & APPLICABLE LAW

12.1 You may not assign, sub-license or otherwise transfer any rights under our Terms of Use.

12.2 If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.

12.3 If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.

12.4 The laws of England and Wales will apply to our Terms of Use and your use of our Website. The courts of England and Wales will have exclusive jurisdiction over any claim relating to our Website or our Terms of Use, except that residents of Scotland and Northern Ireland may bring a claim in the courts of Scotland or Northern Ireland, respectively.

13. ENQUIRIES & COMPLAINTS

13.1 If you have an enquiry or complaint about our Website, please contact our customer services team using our online Enquiry Form. We will try to answer your enquiry or resolve any complaint as soon as possible. You can also email us at enquiries@acollectedman.com, write to us at 111 Charterhouse Street, London, England, EC1M 6AW or call us on +44 (0)20 3179 9599.

13.2 If you have an enquiry or complaint about any sale you have made via our Website, please refer to our Consignment Terms for details of how we can help.

13.3 If you have an enquiry or complaint about any purchase you have made via our Website, please refer to our Fixed Price Terms or Auction Terms, as applicable, for details of how we can help.

 

AUCTION TERMS

Last Updated March 2022

 

1. DEFINITIONS


1.1 Auction Period means the period in which the Lot is available on the Website for sale.


1.2 Bidder refers to any registered member who participates in an auction via this Website by submitting a bid.


1.3 Buyer is the Bidder who has made the highest value bid for the relevant Lot at the time the auction closes.


1.4 Confirmation Email means the email that we will send to you, notifying you that your bid has been successful and containing any particulars of sale.


1.5 Goods means any collectable items provided to us to sell (including but not limited to, watches (and associated paraphernalia, possibly including a box and paperwork, straps, and/or accessories), clocks, and any other items).


1.6 Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.


1.7 Payment Period means the period within which a Buyer must transfer payment to us or the Seller as applicable, as communicated in the Confirmation Email.

1.8 Lot means any Goods offered for sale via auction on the Website.


1.9 Reserve is the minimum price a Seller would accept for the Lot.


1.10 Seller means the individual or company who offers the Lot.


1.11 Services are the online auction services (and any complementary services) which we make available through the Website to users.


1.12 We, us, our means A Collected Man Limited, registered in England and Wales under company number 08929257 and VAT number GB220124048.


1.13 Website is www.acollectedman.com (as amended from time to time).

 

2. ABOUT US


2.1 We operate the Website and provide the Services to users of our Website who wish to buy Lots.


2.2 You can contact us by telephoning our customer service team at +44 20 31799599 or by writing to us at enquiries@acollectedman.com.


3. AGREEMENT TO TERMS


3.1 Anyone may browse our Website. In order to use our Services, however, you must register as a member in accordance with paragraph 5.

3.2 These Auction Terms, together with the Website Terms of Use, Cookie Policy and Privacy Notice, (collectively the “Terms”), set out the terms which govern your use of this Website and our Services. You should read all of the Terms prior to using the Website.


3.3 If you register on our Website to become a member, you must actively accept and/or acknowledge the Terms. By participating in an auction via the Website, you are also deemed to have agreed to the Auction Terms.


4. VARIATIONS


4.1 We may from time to time vary these Auction Terms. Please check these Auction Terms regularly to ensure that you are aware of any variations made by us. If you continue to use this Website, you are deemed to have accepted the Auction Terms in force at the time of use. If you do not agree to these Auction Terms, you should not use this Website.


4.2 We reserve the right from time to time, without prior notice, to:


a) change the Website;


b) stop providing the Website, or features of the Website, to you or to members generally or create usage limits for the Website.


c) permanently or temporarily terminate or suspend your access to the Website, without liability, if in our sole determination you violate any provision of these Auction Terms.


5. REGISTRATION


5.1 In order to be permitted to bid on a Lot, you must first register as a member of the Website.


5.2 You may only register an account if: (a) you are over 18 years old; and (b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment).


5.3 You can register by creating an account and then following these steps, which are also outlined on our Website:


a) within your account there is an “Auctions” section where you will need to agree to the Terms;


b) you will then be automatically directed to an “Identification Verification” section, which is powered by our verification partner. In order for us to verify your identity, you must have a valid form of identification ready;


c) with your valid form of identification, you can then complete the verification process either on a desktop computer or a mobile phone. You must upload an image of your identification and complete a selfie-check (details of which will be provided on the Website as you complete the process). Once these steps are complete, the Identification Verification can be submitted.


5.4 You must keep your chosen password and any information provided to us as part of our security procedures, confidential. You must not disclose such information to any third party (with the exception of those authorised to access your account on your behalf). If you know or suspect that anyone other than you or the authorised users know your password, you must promptly notify us at enquiries@acollectedman.com.


6. THE SELLER


6.1 We may sell our own Lots from time to time, and we also facilitate the sale of Lots by third parties. If the Lot is owned by us, we will be the Seller. If the Lot is owned by a third party, the third-party owner of the lot will be the Seller, whose identity may not be disclosed.


6.2 Where a third party is the seller, we will be selling that Lot as the agent of the Seller. This means that we are providing services to the third-party Seller to help them sell their Lot and that we are concluding the contract for the sale of the Lot on behalf of that third-party Seller. The contract created by any successful bid by you for a Lot will therefore be directly between you and the Seller, and not between you and us. We will, however, indicate where you are contracting with a private Seller by inserting a Δ symbol on the Lot.


7. BIDDING ON A LOT


7.1 If you are considering placing a bid for a particular Lot, you are responsible for reading the description of the Lot carefully before making a bid. If you have any questions regarding the Lot you should raise this directly with us prior to bidding.


7.2 The images of the Lot on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the Goods in the Lot.


7.3 You acknowledge that once you place a bid on a Lot, you are making an irrevocable offer to purchase that Lot and are committing to pay the Seller the amount entered in as your bid.


7.4 We may, at any time, suspend your ability to place bids via the Website if we have reason to believe that you have not complied with these Auction Terms, including but not limited to, bidding on Lots and failing to pay in full sums payable by you in relation to Lots in respect of which you are the Buyer.


8. ONLINE AUCTION PROCESS


8.1 The opening and closing date and time of the auction for each Lot shall be solely determined by us in our sole discretion.


8.2 Each bid submitted by a Bidder shall be final and legally binding as soon as it is submitted to the Website and may not be withdrawn.


8.3 We shall be entitled to rely on all bids submitted from a member’s account during the Auction Period. A Bidder must submit the highest offer at the time the auction closes in order to win the Lot. If you place a bid, which is subsequently beaten, you will not be awarded the Lot unless you subsequently increase your bid and are the highest bidder at the time the auction closes.


8.4 After the expiry of the Auction Period, we shall notify the Buyer (if applicable) with details of the sale results of the Lot.


8.5 Bidders acknowledge and agree that where the Lot is sold by a Seller other than us, we disclaim all liability arising from the Lot sold (as further set out below in paragraph 16.6).


8.6 Access to the Website and/or the Services is not guaranteed, and we reserve the right to suspend or terminate any aspect of the Services at any time and without notice. Without limiting the foregoing, we may suspend access to the Website or the Services to carry out scheduled or unscheduled maintenance.


8.7 We accept no liability for any failure or delay in executing bids or for any errors contained in bids placed via the Website.


8.8 We provide the Services and the Website "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the Website or the Services or any errors or defects in their content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours), and we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that any defects will be corrected.


9. CONSUMER RIGHT TO CANCEL


9.1 If you live in the UK, Channel Isles, Isle of Man or European Union, and we subsequently inform you that your bid was successful, you may have (with certain exceptions) the right to cancel the contract in respect of the Lot if you change your mind (“Right to Cancel”).


9.2 This Right to Cancel (if you are so entitled) starts from the date of the Confirmation that your bid was successful and ends fourteen (14) days after the date on which you have received the Lot which is the subject of the successful bid.


9.3 You will not have a Right to Cancel where you live outside the UK, Channel Isles, Isle of Man or European Union.


9.4 If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the 14-day cancellation period referred to above. You may do this by calling us at +44 20 3179 9599 or emailing us at enquiries@acollectedman.com. You may (but are not obliged to) do this by completing the cancellation form set out below and sending it to us by email or by post using the contact details provided above.


To: A Collected Man,

I hereby give notice that I cancel my contract of sale of the following products:
[insert name of Goods to be returned]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
Date:


9.5 If you exercise your Right to Cancel, you must return the Lot to us as soon as reasonably possible and in any event within fourteen (14) days of you notifying us that you are cancelling your contract with the Seller. To find out more about the steps you need to take if you wish to return a Lot to us, visit our FAQ page here.


9.6 If you exercise your Right to Cancel in accordance with these Auction Terms, we will refund you all payments received from you in respect of the cancelled Lot including the costs (if any) of outbound delivery paid by you (except for any supplementary costs arising if you chose a type of delivery other than standard delivery (e.g. if you select for your order to be a priority processed or requested delivery on a specific day)). We may make a deduction for use from any refund payable to you to take into account the loss in value of the rejected Lot if the loss is the result of unnecessary handling by you.


9.7 Except where the Lot is faulty or not as described, you are responsible for the costs of returning the Lot, unless we have notified you that we offer a free returns service.


9.8 Any refunds payable by us to you shall be paid to you using the same method used to pay and within fourteen (14) days of the earlier of the date that:

a) we receive the Lot back from you; or

b) you provide evidence that you have returned the Lot to us at the correct address,

provided the above cancellation conditions are met.


10. FAULTY GOODS


10.1 The Seller is under a legal obligation to supply Goods in conformity with the contract.


10.2 As a consumer, you have legal rights in relation to any Goods in the Lot that are faulty or not as described. These legal rights are not affected by your right of cancellation for convenience, our guarantee or anything else in these Auction Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.


10.3 Once delivered, you must inspect the Lot as soon as reasonably practicable, and inform us immediately, if any of the Goods in the Lot are faulty, or if the Lot is not as described.


10.4 If you wish to claim that any of the Goods in the Lot are delivered damaged, you are required to give notice of the damage and return the Lot, including any paperwork, boxes, links, user manual and service papers, within fourteen (14) days of delivery, failing which the Lot shall be deemed to have been delivered undamaged and in accordance with the delivery documents.


10.5 If, on inspection, and provided you comply with the return requirements, the Lot is found to be faulty, we will either: (a) agree to replace the Goods; (b) repair them; or (c) refund you for them, in part or in full.


10.6 We will make any reasonable deductions for ay wear and tear the Lot may have suffered whilst they were in your care. Paperwork has a significant impact on resale value and the sum repaid may be reduced by up to 30% if any paperwork is missing or damaged.


11. FEES


11.1 Lots which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your Goods are being delivered to you from outside of the UK.


11.2 The bid amount of any successful bid does not include VAT or any other applicable taxes. We will provide you with the full price of the Lot, including taxes, in the Key Terms.


11.3 We may require a pre-authorisation payment, in which case we will notify you in advance.


11.4 Payments for all Lots must be paid in Pounds Sterling or such other currency as stated on a particular Lot, with all payments and refunds being issued in the same currency. It follows that if you convert Sterling from another currency, you take a currency risk on any refund issued to you, unless expressly agreed to the contrary in advance, in writing.


11.5 We accept payments by the following methods:


a) if you are based in the UK by CHAPS and BACS; or


b) if you are based outside of the UK, by international bank transfer, unless agreed in writing to the contrary.


11.6 The Buyer of the Lot shall be responsible for any delivery or collection costs and applicable sales taxes, registration fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a Lot.


11.7 Lots will not be dispatched to the Buyer until payment for the Lot has been received in full by us.


11.8 Ownership of a Lot will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).


11.9 If you do not transfer the sums payable to us by you within the Payment Period, we may collect sums owed to us by you by retaining collection agencies or legal counsel.


12. DELIVERY


12.1 A Lot will be delivered to the delivery address provided by you.


12.2 If we notify you that your bid has been successful, we will contact you to advise you as to the likely delivery date once the Lot has been paid for. This will vary according to your address, and the timeframe given is only an estimate provided in good faith. No liability will be accepted by us for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.


12.3 Risk of any damage to or loss of the Lot shall pass to you at the time of delivery.


12.4 A signature by a person aged 18 years or over is needed for receipt of the Lot at the delivery address. Any parcel that has been tampered with, or shows signs of damage, should not be signed for and delivery should be refused.


12.5 If no one is available at your address to take delivery, the carrier may attempt to redeliver the Lot and/or leave a note explaining that the Lot has been returned to the depot, in which case please contact them to re-arrange delivery or find out where the Lot can be collected from.


12.6 Alternatively, the Lot may be collected from a location of our choosing, in London, such as our bank, but only by appointment and with at least one working day’s notice. Delivery of the Lot will be completed when it has been delivered to the address given in your order, or it has been collected from us.


13. WARRANTIES


13.1 In this paragraph 13, “Watch” means any watch that forms a Lot listed for auction on our Website.


13.2 We guarantee the authenticity of all Watches that we list for auction on our website.


13.3 We provide a twenty-four (24) month warranty on either a full manufacturer’s warranty or limited warranty basis on every pre-owned Watch we list for auction as follows:


a) subject to sub-paragraph 13.3(b) below, the manufacturer’s warranty provides a warranty against manufacturing and/or mechanical defects (“Manufacturer’s Warranty”); or


b) under a limited warranty, given the age of the Watch, we cannot guarantee that the Watch will comply with the expected tolerances for timekeeping or that it will be suitable for use in wet environments or complete water submersion.


13.4 All warranties will be registered to the postal address provided to us by you. Please update us as soon as you change your home address, email address, and/or telephone number.


13.5 Our warranties do not cover the following risks: theft, loss, defects, arising out of normal wear and tear, damage caused by accidents or abuse and mistreatment or negligence on your part, including damage caused by failure to follow our instructions or the manufacturer’s instructions.


13.6 Our warranties do not cover wear to the watch strap, the glass, the clasp or cosmetic damage.


13.7 The warranty will be invalidated in the event that a third party carries out any tests or work on the Watch without our knowledge or consent.


13.8 Where you return your Watch to us and there is a valid claim against our warranty, if it is still covered by the Manufacturer’s Warranty, we reserve the right to proceed with the works through the Manufacturer’s Warranty first.

13.9 Where you have a valid claim against our warranty, we will, at our discretion, repair the Watch, with time not being of the essence for any works carried out under warranty.


13.10 We have absolute discretion as to the acceptance of any claim against the warranty. In the event of a dispute, we reserve the right to instruct an independent third-party watchmaker to determine the appropriate course of action. The decision of the independent, third-party watchmaker will be binding on both parties.


13.11 If you are based outside the UK, you are responsible for any and all charges, taxes, or customs duties that might be associated with returning your Watch to us and our subsequent return of the Watch to you.


13.12 You will be responsible for the cost of delivering your Watch to us and insuring your Watch in transit, when you send it back to us for inspection. If you are based in the UK, and you have a valid claim under the warranty, we will pay for the return of your Watch once the work has been completed.


13.13 The Watch will be your responsibility from the moment when it is returned to you, at the address given when you registered as a member on the Website.


13.14 The warranty is personal to you and non-transferrable.


13.15 To make a claim under a warranty, please contact us at

servicing@acollectedman.com.


14. TERMINATING YOUR ACCOUNT


14.1 If you are a consumer:


a) you agree that we will commence supplying the Services to you as soon as you accept these Auction Terms;


b) you can terminate your membership of this Website for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within fourteen (14) days of registering with us. In such circumstances, we will be entitled to recover any fees owed for the Services provided up to the date of termination (if any);


c) and are currently a Bidder on an active Lot(s), you acknowledge that any termination in accordance with paragraph 14.1(b) above will not take effect until after the Auction Period in respect of those Lots has ended.


14.2 Otherwise, you may delete your account at any time in which you are not bidding on an active Lot by logging onto your account and reviewing your profile settings.


15. PRIVACY AND YOUR PERSONAL DATA


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


16. LIMITATION OF OUR LIABILITY


16.1 If we fail to comply with these Auction Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.


16.2 We only supply Goods for domestic and private use. Accordingly, if you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


16.3 We will not be responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, 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, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, FedEx or DHL (a “Force Majeure Event”).


16.4 If a Force Majeure Event takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Auction Terms will be suspended and the time for performance will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Lots to you, we will arrange a new delivery date with you after the Force Majeure Event is over.


16.5 If we have reasonable grounds to suspect a fraudulent payment, whether by debit or credit card, we will neither dispatch any Lots, nor carry out any refunds, until authorised to do so by the relevant authorities.


16.6 Where we are not the seller of the Goods, our sole liability in respect of the Goods shall be to honour the warranty (if any) set out in paragraph 13. Otherwise, we will try to help facilitate any dispute you may have against the Seller in respect of the Goods.


16.7 Nothing in these Terms is intended to exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability including:


a) death or personal injury caused by our negligence;


b) fraud or fraudulent misrepresentation;


c) breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;


d) defective products under the Consumer Protection Act 1987.


17. COMPLAINTS: ONLINE DISPUTE RESOLUTION


17.1 If you are unhappy with the Website or any of our Services, please contact us at enquiries@acollectedman.com and we will seek to resolve your complaint internally. If you are unhappy with a particular Lot that you have purchased, please contact us at enquiries@acollectedman.com and we will liaise with the Seller.


17.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If you live in the European Union, you may also seek recourse through the EU’s online dispute resolution platform. You can visit the platform at http://ec.europa.eu/consumers/odr. Please use enquiries@acollectedman.com as our contact address in the platform.


17.3 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 22.2.


18. ENTIRE AGREEMENT


18.1 These Auction Terms, Website Terms of Use, Privacy Notice and Cookie Policy and all policies posted on our Website constitute the entire agreement between Buyers and us and supersedes any previous agreements between Buyers and us relating to its subject matter in respect of your use of the Website and the Services.


18.2 You acknowledge that, in agreeing to these Auction Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Auction Terms.


19. THIRD PARTY RIGHTS


19.1 A person who is not a party to these Auction Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Auction Terms.


19.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these Auction Terms without our prior written consent.


20. WAIVER


20.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Auction Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Auction Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.


20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.


21. SEVERANCE


21.1 If any provision (or part of a provision) of these Auction Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


22. GOVERNING LAW AND JURISDICTION


22.1 These Auction Terms and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the laws of England and Wales.


22.2 In registering as a member of the Services, you irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Auction Terms. Where you are a consumer, you may elect to bring a dispute or claim in your local court in England, Northern Ireland, or Scotland, but English law will apply.

 


CONSIGNMENT TERMS

Last Updated March 2022

1. INTRODUCTION

1.1 These consignment terms set out the terms on which you may engage us to sell your Goods either on a fixed price (see paragraphs 7 through 10) or auction basis (see paragraphs 11 and 12) via our Website or otherwise.

1.2 These consignment terms are only available in the English language.


2. DEFINITIONS


2.1 Auction Period means the period in which the Lot is available on the Website for sale.


2.2 Auction Services are the online auction services (and any complementary services) which we make available from time to time through the Website or otherwise.


2.3 Bidder refers to any registered member who participates in an auction via this Website by submitting a bid.


2.4 Buyer is the Bidder who has made the highest value bid for the relevant Lot at the time the auction closes or the person who has bought the fixed price Goods.


2.5 Commission is the percentage of the actual sale price payable to us as agreed in the Key Terms or notified to you via the Website.


2.6 Consignment Services are the consignment services (and any complementary services) which we make available through the Website, email, telephone, and any other means of communication including in-person sales.


2.7 Goods means any collectable items provided to us to sell (including but not limited to, watches (and associated paraphernalia, possibly including a box and paperwork, straps, and/or accessories), clocks, and any other items).


2.8 Key Terms means the document containing key commercial terms that forms part of these terms and will be sent to you prior to the conclusion of our agreement to sell your Goods on your behalf.


2.9 Lot means any Goods offered for sale via auction on the Website.


2.10 Reserve is the minimum price you authorise us to accept for the Lot.


2.11 Seller means the individual or company offering the Goods for sale (as identified in the Key Terms). Products denoted with an asterisk (*) in their descriptions are sold on consignment.


2.12 Services means the services we offer, including Auction Services and Consignment Services.


2.13 We, us, our means A Collected Man Limited, registered in England and Wales under company number 08929257 and VAT number GB220124048.


2.14 Website is www.acollectedman.com (as amended from time to time).


2.15 Working Days means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.


3. ABOUT US


3.1 We operate the Website and provide the Services to users of our Website who wish to buy or sell Goods.


3.2 You can contact us by calling our customer service team at +44 20 31799599 or by writing to us at enquiries@acollectedman.com.


3.3 If you sell Goods on or through our Website and depending on how you have instructed us to sell such Goods, we will offer such Goods for sale either on the basis of the auction terms which can be found here or on the fixed price terms which can be found here.


4. AGREEMENT TO TERMS


4.1 These Consignment Terms, together with the Website Terms of Use, Cookie Policy and Privacy Notice, set out the terms which govern your use of this Website and our Services (collectively the “Terms”). By making available the Goods to us, you agree to be bound by the Consignment Terms, Website Terms of Use and Cookie Policy and acknowledge that you have read and understood our Privacy Notice.


4.2 These Terms shall be subject to such further special conditions and Key Terms as may be prescribed in writing by us prior to accepting your Goods for sale. To the extent there is a conflict between the Key Terms and the remainder of these Terms, the Key Terms shall prevail over such conflict.


5. VARIATIONS


5.1 We may from time to time vary these Consignment Terms. Please check these Consignment Terms regularly to ensure that you are aware of any variations made by us. If you continue to use this Website and/or make available Goods to us, you are deemed to have accepted the Consignment Terms in force at the time of use. If you do not agree to these Consignment Terms, you should not use this Website or engage us for our Services.


5.2 We reserve the right from time to time, without prior notice, to:


a) change the Website;


b) stop providing the Website, or features of the Website, to you or to members generally or create usage limits for the Website.


c) permanently or temporarily terminate or suspend your access to the Website, without liability, if in our sole determination you violate any provision of these Consignment Terms or other Terms.


6. CREATING AN ACCOUNT


6.1 In order to be permitted to offer Goods for sale, you may be required to first register on the Website.


6.2 You must keep your chosen password and any information provided to us as part of our security procedures, confidential. You must not disclose such information to any third party (with the exception of those authorised to access your account on your behalf). If you know or suspect that anyone other than you or the authorised users know your password, you must promptly notify us at enquiries@acollectedman.com.


6.3 If you are creating an account in order to offer Goods for sale via the Website, you will be required to provide proof of identification (including proof of address) to us or our verification partner.


CONSIGNMENT SERVICES


7. CONSIGNMENT SALES

 

7.1 If you would like to sell your Goods through us, we can attempt to sell them as agent on your behalf, for which we take a Commission on the proceeds of sale. This process is known as a consignment sale.


7.2 You will need to provide us with details of your Goods, such as the model, make and condition, by entering the information on the “Consign Your Watch” page on our Website. This information must be as complete and accurate as possible, as any estimated sale price we provide will be based entirely on this information, and any photos of the Goods that you supply to us.


7.3 Once the information has been uploaded onto our Website, we will aim to provide you with a provisional estimate for the Goods within two Working Days. The estimated sale price will also include any recent trading data we are able to find on your Goods. You are under no obligation to accept any estimated sale price that we suggest.


7.4 If you decide to then proceed with a consignment sale, you must arrange for the Goods to be posted or delivered to our offices.


7.5 On receipt of the Goods:


a) we will then arrange for them, including the accompanying paperwork, to be inspected;


b) where any restorative work needs to be carried out on the Goods and you have consented to it being listed on our Website, you are deemed to have consented to us carrying out the work;


c) once the authenticity and condition of the Goods have been confirmed, we will contact you with our final proposed sale price.


7.6 Note we may offer a reduced valuation if the condition of the Goods is not exactly as described by you, and/or where other factors that were not previously disclosed have an impact on such valuation.


7.7 You will be expected to remove or cancel any other public sales listings for the Goods, should these exist, prior to the Goods being listed on our Website.


8. CANCELLATION OF A CONSIGNMENT SALE


8.1 If you wish to cancel the consignment sale and for us to return the Goods to you, you are required to inform us either by email (to enquiries@acollectedman.com) or by notice to this effect served on us at our registered office address in London.


8.2 If you decide to withdraw the Goods from sale:


a) following your agreement of the sale price but prior to us listing the Goods on the Website, you will immediately become liable to pay to us 3% of the agreed sale price that would have been payable on the sale of the Goods; or


b) during the initial three-month listing period, you will immediately become liable to pay to us the Commission that would have been payable on the sale of the Goods.


8.3 If you decide to withdraw the Goods from sale following the expiry of the initial three-month listing period, no penalty will apply.


8.4 We cannot accept any liability for any delay in returning the Goods to you that is beyond our reasonable control.


9. CONSIGNMENT SALE FEES


9.1 Our Commission on a consignment sale is a percentage of the actual sale price, agreed on a case-by-case basis and set out in the Key Terms document which we will send to you.


9.2 In order for Goods to be listed on our Website, they must be listed for a minimum term of three months.


9.3 We will agree with you an asking price before we list your Goods on our Website.


9.4 In certain circumstances, we will sell your Goods for less than the agreed price without your prior written consent, but only on the basis that the shortfall is entirely met out of the Commission payable to us on the sale of the Goods.


9.5 In certain circumstances, we will agree with you in writing a reduction in the asking price for the Goods and this may impact on the Commission payable by you on the sale of the Goods.


9.6 If you are outside the UK, you may have to pay export duties or other charges, levied by national authorities, when the Goods leave their country of origin. These are entirely your responsibility.


10. CONSIGNMENT SALE PROCEDURE


10.1 Once we have agreed the sale price, we will list your Goods on our Website.


10.2 We reserve the right to remove your Goods from our listings at any time and to notify you to this effect as soon as reasonably practicable, if such action is necessary.


10.3 By setting the sale price and possibly a minimum return price, you are authorising us to sell your Goods on your behalf, if an offer is made at or above the minimum return price. If an offer is made below the minimum return price, we will contact you for instructions in relation to the offer.


10.4 A consignment sale may be cancelled by notice served on us by the Buyer at any time until the expiry of the fourteen (14) day “cooling off” period that begins on the day after the Buyer has received the Goods.


10.5 Provided that the Buyer does not give notice to return the Goods during the “cooling off” period, or subsequently due to a defect with the Goods, then we will account to you for the net proceeds of sale of the Goods and arrange for payment to you by BACS transfer within 15 Working Days of the expiry of the “cooling off” period.


10.6 We cannot accept liability for any delay by the Buyer in returning the Goods to our offices.


10.7 In addition to advertising the Goods for sale on our Website, or other carefully selected websites, we reserve the right to store and display the Goods at any of our offices or display it for sale at select events without notice.


AUCTION SERVICES


11. LISTING A LOT FOR SALE


11.1 You may submit a request to offer a Lot for sale via the Website and providing us with the relevant details, including uploading/attaching a variety of high quality images of the Lot(s) (we may request more) and, if so desired, providing a Reserve for the Lot.


11.2 We will then review the proposed Lot and will contact you if we have any queries in relation to the Lot or to discuss and set the Reserve. We shall have absolute discretion as to whether we accept the Lot and list it for sale.


11.3 Where we have agreed on a Reserve for the Lot, you authorise us to sell the Lot on your behalf at a price lower than the Reserve on the proviso that your net proceeds from the sale of the Lot are the same that they would have been had the Lot been sold for an amount equal to the Reserve, by us making a corresponding reduction in the amount of the Commission payable by you.


11.4 You acknowledge and agree that following submission of auction particulars in relation to a particular Lot, you may not withdraw the Lot or list or sell the Lot to any person by any other means, including by any other auction, dealership, or listing service unless or until we notify you that either:


a) the Lot has not been accepted and will not be listed for sale; or


b) the Lot has failed to sell through the Website during the Auction Period, including if any Reserve has not been achieved.


11.5 We may, at any time, withdraw your Lot from sale if we have reason to believe that you have not complied with these Consignment Terms.


12. ONLINE AUCTION PROCESS


12.1 The opening and closing date and time of the auction for each Lot shall be solely determined by us in our sole discretion.


12.2 After the expiry of the Auction Period, we shall notify you and (if applicable) the Buyer with details of the sale results of the Lot.


12.3 We accept no liability for any failure or delay in executing bids or for any errors contained in bids placed via the Website.


12.4 Our Commission on an auction sale is a percentage of the final sale price, agreed on a case-by-case basis and set out in the Key Terms document which we will send to you.


GENERAL TERMS


13. FEES, PRICING AND METHODS OF PAYMENT


13.1 All prices and payments will be made in the currency mutually agreed between us and stated in the Key Terms letter.


13.2 The price of the Goods is subject to the currency exchange rate at the closing mid-point rate in London listed by The Financial Times at the time and date that the payment is made, as applicable.


13.3 If Goods are sold, a Commission will be payable to us which excludes VAT or any other applicable sales taxes, registration fees, regulatory and electronic processing charges, inspection charges, and any other fees required by law.


13.4 We will transfer the proceeds of sale of the Goods, less monies due to us, to the bank account nominated by you.


13.5 You are responsible for ensuring we have the correct bank account details and we accept no liability if you provide us with incorrect bank account information.


13.6 Payment will generally be made by BACS transfer, with cleared funds taking approximately fourteen (14) days to arrive once payment has become due.


13.7 We reserve the right to arrange payment by another payment method where this is reasonable. We accept no liability for unavoidable delays to payment.


13.8 If we discover that the Goods supplied by you are counterfeit, stolen, lost, or damaged, not fully-owned by you or in breach of any of your undertakings to us, we have the right to cancel the sale, notifying you by email or telephone as soon as possible. In this event, payment will not fall due and, if we have already remitted the sale price to you, you must refund us the full purchase price paid, within seven (7) days of receipt of notice from us.


13.9 We may add new services for additional fees or amend fees for existing services, at any time, in our sole discretion, and upon providing thirty (30) days’ advance notice.


14. DELIVERY


14.1 Goods must be delivered to an address previously agreed between us in writing.


14.2 We record video footage of all parcels being opened at our offices, in order to provide the nature of the enclosed Goods. If no Goods are enclosed, or if they are not as described, we will inform you and seek an explanation. We reserve the right to withhold the Goods, until you have paid us our expenses incurred as a consequence of any such failure event.


14.3 We will notify you of the safe receipt of your Goods within two Working Days of them arriving at our office.


15. RISK AND TITLE


15.1 Risk (or loss or damage), passes to us from the moment that the Goods have been successfully delivered to us at our offices.


15.2 Ownership of the Goods will pass from you to the Buyer once we are in receipt of payment from the Buyer of the Goods. Please note, however, that the Buyer may elect to cancel the sale within fourteen (14) days of receipt of the Goods and/or if there is a defect with the Goods in such circumstances ownership shall pass back to you on our receipt of evidence that the Goods have been returned.


15.3 If the Goods are lost or damaged whilst they are in our care, and you can provide satisfactory proof of dispatch, we will either try to find a like-for-like replacement, or pay you compensation for the actual loss you’ve suffered.


15.4 In the event of a complete loss, the amount of compensation will be the trade valuation price, rather than the retail valuation price. We will transfer the full amount due to you, within ten (10) Working Days of receipt of the same from our insurers.


16. WARRANTIES FROM YOU


16.1 You must provide an accurate description of the Goods you are selling to enable the prospective Buyers to make an informed purchasing decision. You must not, at any time, misrepresent the provenance, specification or any other details regarding the Goods.


16.2 You must ensure that the Lot or Goods correspond to their description, be of satisfactory quality and fit for purpose (within the meaning of the Sale of Goods Act 1979), as explicitly or implicitly held out by you, and that they are free from any defects in design, material or workmanship.


16.3 You warrant that:


a) all information that you have provided with us is true, accurate and complete;


b) you haven’t omitted or concealed any fact concerning the provenance, identity, history, quality, authenticity, or legal status of the Goods that might be regarded by a reasonable buyer as material;

c) the Goods are yours to sell, you are capable of transferring ownership of them to the Buyer and you are entitled to do so free from any charge, lien or adverse claim, or hire, hire purchase commitment or any other financial arrangement; and


d) the Goods and all accompanying documentation are original and genuine.


17. REMEDIES AVAILABLE TO US


17.1 In the event of any breach of the warranties set out in paragraph 16 above, we will have the right to reject the Goods, require you to provide a full refund for the price of the Goods, require you to repay any costs incurred by us in obtaining substitute items from a third party or to pursue all other remedies afforded by law.

17.2 You shall indemnify us on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of the warranties contained in paragraph 16 or any third party claim against us in connection with the Goods provided by you.

17.3 We shall have a lien over the Goods, in order to secure payment by you, of any and all sums due, under any contract between us.

18. PRIVACY AND YOUR PERSONAL DATA

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

19. LIMITATION OF OUR LIABILITY

19.1 Nothing in these Consignment Terms shall operate to exclude or limit our liability for:

a) death or personal injury caused by our negligence;

b) fraud; or

c) any other liability which cannot be excluded or limited under applicable law.

19.2 Subject to paragraph 19.1, we shall not be liable under or in connection with these Consignment Terms whether in contract or tort (including negligence) or otherwise for any (a) damage to software, (b) damage to or loss of data, profit, revenues, anticipated savings, goodwill or business opportunity; or (c) for any indirect or consequential loss or damage.

19.3 Subject to paragraph 19.1, our total aggregate liability for all claims arising out of or in connection with these Consignment Terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of (a) total aggregate value of all Commission paid or payable by you to us in the twelve (12) months prior to the action giving rise to the liability; or (b) £1,000.

19.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a consignment sale or auction that is caused by an Event Outside Our Control.

19.5 An “Event outside our Control” means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, 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, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, FedEx or DHL.

19.6 If an Event Outside Our Control takes place that affects the performance of our obligations under a consignment sale or auction: (i) we will contact you as soon as reasonably possible to notify you of the event; and (ii) our obligations under these Consignment Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

19.7 We accept no liability in the event that we accidentally misquote a valuation given to you for your Goods, resulting in the Goods being offered at a price in excess of its value. We will endeavour to rectify this as soon as possible.

19.8 While we try to keep the Website safe and secure, we do not and cannot guarantee or warrant that the Website will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. We do not warrant or represent that the Website will be uninterrupted or error free.

19.9 All conditions, warranties or other terms concerning the Website, which might otherwise be implied into these Consignment Terms or any collateral contract (whether by statute or otherwise) are hereby expressly excluded to the fullest extent permissible by law.

19.10 If you have a dispute with any Buyer, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute.

20. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

20.1 If you are unhappy with the Website or any of our Services, please contact us at enquiries@acollectedman.com and we will seek to resolve your complaint internally.

20.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

20.3 If any dispute arises in connection with these seller terms which cannot be resolved following our internal procedures, we agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within fourteen (14) days of notice of the dispute, the mediator will be nominated by CEDR.

20.4 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 26.2.

21. ENTIRE AGREEMENT

21.1 The Terms (including all policies posted on our Website) constitute the entire agreement between you and us and supersedes any previous agreements between us relating to the subject matter in respect of your use of the Website and the Services.

21.2 You acknowledge that, in agreeing to these Consignment Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Consignment Terms.

22. ACCESS TO DATA

22.1 We do not provide any Buyer or Website insight information and we manage all communications between you and the Buyer.

23. THIRD PARTY RIGHTS

23.1 A person who is not a party to these Consignment Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Consignment Terms.

23.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these Consignment Terms without our prior written consent.

24. WAIVER

24.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Consignment Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Consignment Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

25. SEVERANCE

25.1 If any provision (or part of a provision) of these Consignment Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. GOVERNING LAW AND JURISDICTION

26.1 These Consignment Terms and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the laws of England and Wales.

26.2 You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Consignment Terms.

 

FIXED PRICE TERMS

1. INTRODUCTION

1.1 These Terms set out the terms on which you may purchase:
(a) watchstraps and/or accessories and/or collectables (“Accessories”); or
(b) watches (“Goods”) from us,
(together, “Products”) either via our website www.acollectedman.com (“Website”) or telephone or email.

1.2 Please read these Terms carefully and make sure that you understand them before ordering any Products from us.

1.3 These Terms are only available in the English language.

2 INFORMATION ABOUT US

2.1 The Website is provided to you by A Collected Man Limited (“us”, “we” or “our”).

2.2 Our registered number is 08929257. Our VAT no. is GB220124084.

2.3 You can contact us by email at enquiries@acollectedman.com or by telephone on +44 20 3179 9599 or write to us at the above address.

3 THE SELLER

3.1 We may sell our own Products from time to time, and we also facilitate the sale of Products by third parties. If the Product is owned by us, we will be the seller. If the Product is owned by a third party, the third-party owner of such Product will be the seller, whose identity may not be disclosed.

3.2 Where a third party is the seller, we will be selling that Product as the agent of the seller. This means that we are providing services to the third-party seller to help them sell their Product and that we are concluding the contract for the sale of the Product on behalf of that third-party seller. The contract for sale will therefore be directly between you and the seller, and not between you and us. We will, however, indicate where you are contracting with a private seller by inserting a Δ symbol on the listing.

4 PLACING ORDERS

4.1 You may only place orders from us if: a) you are over 18 years old, b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment) and c) are located, at the time of your purchase, in the United Kingdom, Channel Isles, Isle of Man and/or such other territories as are listed on our website from time to time as a delivery address (“Approved Delivery Location”).

4.2 When placing an order, please ensure you provide complete and accurate information. Information we may require includes your: title, first name, surname, phone number, email address, and delivery and invoicing addresses. It is your responsibility to ensure that the order is correct and accurately reflects your selection. If an order is not correct in any way, you must notify us immediately by contacting our customer services team by telephone or by email using the contact details provided above.

4.3 Orders via our Website:
(a) You may place an order for Accessories via our Website.
(b) If you choose to place an order via our Website, do take time to check your order before submitting it. By entering your details and selecting ‘Pay now’ you are submitting a binding offer to purchase the Accessories.
(c) We shall on receipt of your order send you an e-mail acknowledging that the order has been received. However, this does not mean that your order has been accepted. Prior to accepting any order, we shall carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
(d) We will communicate acceptance of your order by sending you an e-mail at which point a contract will come into existence between you and us.
(e) If you place an order for multiple Accessories and some of those Accessories are unavailable, we may process the order in respect of the available Accessories.

4.4 Orders via Telephone or Email:
(a) You may place an order for Goods (including collectables) by telephone or email.
(b) If you choose to place an order for Goods (including collectables) via telephone, you will be put through to our sales team who will take your order details. The relevant member of our sales team will, during that call, confirm your order details including the price, quantity, method of payment and delivery, and other key commercial terms. Telephone conversations may be recorded by us to check any instructions given to us and/or for quality and training purposes.
(c) We will communicate acceptance of your order by sending you an e-mail or by giving you an order number over the phone, if you have placed your order over the telephone at which point a contract will come into existence between you and us.

4.5 We may from time to time have to cancel your order if the Product is out of stock or no longer available, or it cannot be fulfilled for some other reason justifying cancellation. We will inform you of this by e-mail or telephone and, where a Product is temporarily out of stock, ask if you wish to proceed with your purchase. If you do wish to proceed with your order, we will not be under any obligation to supply the Product until we know we can supply it and we have given you a confirmation.

4.6 If we cancel your order, we will refund all sums paid by you within 10 working days of notifying you of our intention to cancel your order.

4.7 If you discover that you have made a mistake with your order after we have provided you with confirmation, please notify us immediately by contacting our customer services team by telephone or by email using the contact details provided above. Please be aware that we are generally unable to rectify mistakes after details of your order have been sent to our warehouse, although you may still have the right to cancel as described below.

5 PAYMENT TERMS

5.1 Prices for our Products may change from time to time, but changes will not affect any order you have already placed. We reserve the right to promote the same or similar Products with varying offers depending on the advertising route and/or time.

5.2 The prices of any Accessories include any applicable VAT (unless expressly stated otherwise) or other sales tax at the prevailing rate. Preowned goods are subject to a marginal rate of VAT which cannot be reclaimed. For further information, please see here.

5.3 The prices of any Goods (other than Accessories) listed on the website do not include VAT or any other sales tax at the prevailing rate. When we confirm your order, we will provide you with the total amount of the Good(s), including all taxes. For the avoidance of doubt, this total amount will not include any potential customs duties or taxes as a result of delivery outside of the UK (see below).

5.4 Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK.

5.5 The price of a Product as stated on our Website does not include delivery charges. Our delivery charges, if any, shall be made available to you on our Website or provided to you before you finalise an order either by a member of our customer services team if you place an order by telephone or during the check-out process if you place an order via our Website.

5.6 Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in connection with the price of the Products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order in respect of that Product. We will not process your order in respect of that Product until we have received your instructions. If we are unable to contact you using the most up to date contact details that we have for you, we will treat the relevant part of the order as cancelled and notify you by email at the address provided to us. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

5.7 Our Website sets out the method of payments that we are able to accept.

5.8 Payment for Accessories

We will only take payment or pre-authorisation of payment once the order for the Accessory has been accepted by us. Accessories that are the subject of an order will not be dispatched until payment for all of the Accessories that are the subject of that order has been received in full by us. If we have only taken pre-authorisation for payment of an order on accepting that order, we will process that payment before we deliver the Accessories to you.

5.9 Payment for Goods

(a) Once the order for Goods has been confirmed, we will provide you with instructions on how and when to make payment.
(b) In certain circumstances, and by negotiation, we will accept a deposit for a Good, prior to payment of the balance by a date specified by us.
(c) Where the deposit is 10% or more of the VAT-exclusive purchase price of the Good, the deposit will be refundable provided that you request the return of the deposit, in writing, within 48 hours of paying the deposit. Upon receipt such a written request, we will then also cancel your order.
(d) Where the deposit is less than 10% of the VAT-exclusive purchase price of the Good, the deposit will be non-refundable and will be forfeited in the event of a failure to pay the balance of the purchase price of the Good on or before the agreed final payment date, which will generally be seven days from the payment of the deposit

 

5.10 Payments for all Products must be paid in Pound Sterling or such other currency as stated on our Website from time to time, with all payments and refunds being issued in the same currency. It follows that if you convert to sterling from another currency, you take a currency risk on any refund issued to you, unless expressly agreed to the contrary in advance, in writing.

5.11 We accept payments by the following methods:
(a) if you are based in the UK, by CHAPS or BACS;
(b) if you are based outside the UK, by international bank transfer, unless agreed in writing to the contrary.

5.12 All Products must be paid for in full, prior to dispatch. All Products will remain for sale on the Website until you have paid for your purchase in full.

5.13 Ownership of Products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).

6 DELIVERY

6.1 We only deliver Products to an Approved Delivery Location (see above). If you require Products to be delivered elsewhere, please call our customer service team who will try to find you an alternative stockist or otherwise make a note of your request.

6.2 Products will be delivered to the address given in the original order.

6.3 When you place your order, we will contact you to advise you as to a likely delivery date. This will vary according to the availability of the Products and your address, and are only estimates, given in good faith. No liability will be accepted by us for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.

6.4 We may deliver Products in several consignments but will not charge you any extra delivery charges for this.

6.5 Risk of any damage to or loss of the Products shall pass to you at the time of delivery.

6.6 A signature by a person aged 18 years or over is needed for receipt of all Products at the delivery address. Any parcel that has been tampered with, or shows signs of damage, should not be signed for and delivery should be refused.

6.7 Delivery process for Accessories purchased via the Website.

(a) If no one is available at your address to take delivery, the carrier may attempt to redeliver the Products and/or leave a note explaining that the Products have been returned to the depot, in which case, please contact them to re-arrange delivery or where they have been left.

6.8 Delivery process for Goods purchased from us.

(a) If you have purchased a watch from us, we will contact you once the order is complete to provide further information on the delivery process.
(b) Alternatively, Products may be collected from a location of our choosing, in London, such as our bank, but only by appointment and with at least one working days’ notice. Delivery of the Goods will be completed when they have been delivered to the address given in your order, or they have been collected from us.

7 PRODUCTS

7.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the Products. Your Products may vary slightly from those images.

7.2 The packaging of the Products may vary from that shown on the images on our Website.

7.3 If we are making the Product to any measurements that you have given us, you are responsible for ensuring that these measurements are complete and correct.

7.4 Any Accessories purchased must not be resold or made available for resale on a commercial basis.

8 CONSUMER RIGHT TO CANCEL

8.1 You have the right to cancel an order any time up to acceptance by us of that order. Further and in addition to your other legal rights, if you live in the UK, Channel Isles, Isle of Man, or European Union, you may have (subject to certain exceptions) the right to cancel that order in respect of one or more Products if you change your mind about those Products and to get your money back in accordance with the terms set out below (“Right to Cancel”).

8.2 Your Right to Cancel (if you are so entitled) starts from the date of the confirmation relating to the order and ends 14 days after the date on which you have received all of the Products that are the subject of the relevant order.

8.3 Unfortunately, you may not have a Right to Cancel: a) in respect of any Products that have been made to your specification or are clearly personalised, such as where the Products are tailor-made or you have requested that they contain your name or initials or b) if you placed your order from outside the UK, Channel Isles, Isle of Man or European Union.

8.4 If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the 14-day cancellation period referred to above. You may (but are not obliged to) do this by completing the cancellation form set out below and sending it to us by email or by post using the contact details provided above.
To: A Collected Man,
I hereby give notice that I cancel my contract of sale of the following products:
[insert name of Products to be returned]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
Date:

8.5 If you exercise your Right to Cancel, you must return the Products to us as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling part or all of the order. To find out more about the steps you need to take if you wish to return any Products to us, visit our FAQ page here.

8.6 You will be responsible for the costs of returning Products to us, including delivery, packaging, and insurance, unless you can demonstrate that the Product being returned was faulty or not as described.

8.7 If we are unable to accept a returned Product, we will contact you using the most up to date contact details provided to us and shall, at your request, return the Product to you at your cost or make it available for collection.

8.8 If you exercise your Right to Cancel in accordance with these Terms, we will refund you all payments received from you in respect of the cancelled Products including the costs (if any) of outbound delivery paid by you (except for any supplementary costs arising if you chose a type of delivery other than standard delivery (e.g. if you select for your order to be priority processed or requested delivery on a specific day). We may make a deduction for use from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you.

8.9 Except where Products supplied to you are faulty or not as described, you are responsible for the costs of returning the Products, unless we have notified you that we offer a free returns service.

8.10 Any refunds payable by us to you shall be paid to you using the same method used to pay and within 14 days of the earlier of the date that:
(a) we receive the relevant Products back from you; or
(b) you provide evidence that you have returned the Products to us at the correct address,
provided the cancellation conditions are met.

8.11 If you exercise your Right to Cancel in accordance with these Terms of Purchase prior to the Products being dispatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the order.

8.12 You may only return Products in accordance with your Right to Cancel or if we have supplied you Products that are faulty (see below) or not as described.

9 FAULTY GOODS

9.1 The seller is under a legal obligation to supply Products in conformity with the contract.

9.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of cancellation for convenience, our guarantee or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.3 Once delivered, you must inspect the Products as soon as reasonably practicable, and inform us immediately, if they are faulty, or if the Products are not as described.

9.4 If you wish to claim that any of the Products are delivered damaged, you are required to give notice of the damage and return the Products, including any paperwork, boxes, links, user manual and service papers, within 14 days of delivery, failing which the Products shall be deemed to have been delivered undamaged and in accordance with the delivery documents.

9.5 If, on inspection, and provided you meet the return requirements, the Products are found to be faulty, we will either: agree to replace the Products, repair them, or refund you for them, in part or in full.

9.6 We will make any reasonable deductions for any wear and tear the Products may have suffered whilst they were in your care. Paperwork has a significant impact on resale value of Goods, and the sum repaid may be reduced by up to 30% if the paperwork is missing or damaged.

10 WARRANTIES

10.1 In this paragraph 10, “Watch” means any watch that is the subject of an order.

10.2 We guarantee the authenticity of all Watches that we sell on our website, regardless of whether we are the seller or not.

10.3 We provide a twenty-four (24) month warranty on either a full manufacturer’s warranty or limited warranty basis on every pre-owned Watch we sell as follows:
(a) subject to sub-clause 10.3(b) below, the manufacturer’s warranty the Watch against manufacturing and/or mechanical defects (“Manufacturer’s Warranty”); or
(b) under a limited warranty, given the age of the Watch, we cannot guarantee that the Watch will comply with the expected tolerances for timekeeping or that it will be suitable for use in wet environments or complete water submersion.

10.4 All warranties will be registered to the postal address provided to us by you. Please update us as soon as you change your home address, email address, and/or telephone number.

10.5 Our warranties do not cover the following risks: theft, loss, defects arising out of normal wear and tear, damage caused by accidents or abuse and mistreatment or negligence on your part, including damage caused by failure to follow our instructions or the manufacturer’s instructions.

10.6 Our warranties do not cover wear to the watchstrap, the glass, the clasp or cosmetic damage.

10.7 The warranty will be invalidated in the event that a third party carries out any tests or work on the Watch without our knowledge or consent.

10.8 Where you return your Watch to us and there is a valid claim against our warranty, if it is still covered by the Manufacturer’s Warranty, we reserve the right to proceed with the works through the Manufacturer’s Warranty first.

10.9 Where you have a valid claim against our warranty, we will, at our discretion, either replace or repair the Watch, with time not being of the essence for any works carried out under warranty.

10.10 We have absolute discretion as to the acceptance of any claim against the warranty. In the event of a dispute, we reserve the right to instruct an independent third-party watchmaker to determine the appropriate course of action. The decision of the independent, third-party watchmaker will be binding on both parties.

10.11 If you are based outside the UK, you are responsible for any and all charges, taxes or customs duties that might be associated with returning your Watch to us and our subsequent return of the Watch to you.

10.12 You will be responsible for the cost of delivering your Watch to us and insuring your Watch in transit, when you send it back to us for inspection. If you are based in the UK, and you have a valid claim under the warranty, we will pay for the return of your Watch once the work has been completed.

10.13 The Watch will be your responsibility from the moment when it is returned to you, at the address given in your order.

10.14 The warranty is personal to you and non-transferrable.

10.15 To make a claim under a warranty, please contact us at servicing@acollectedman.com.

11 LIMITATION OF LIABILITY

11.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2 We only supply Products for domestic and private use. Accordingly, if you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We will not be responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, 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, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, FedEx or DHL (a “Force Majeure Event”).

11.4 If a Force Majeure Event takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Terms will be suspended and the time for performance will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.

11.5 If we have reasonable grounds to suspect a fraudulent payment, whether by debit or credit card, we will neither dispatch any Products, nor carry out any refunds, until authorised to do so by the relevant authorities.

11.6 [Where we are not the seller of the Product, our sole liability in respect of the Product shall be to honour the warranty (if any) set out in paragraph 10. Otherwise, we will try to help facilitate any dispute you may have against the seller in respect of the Product.]

11.7 Nothing in these Terms is intended to exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability including:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;
(d) defective products under the Consumer Protection Act 1987.

12 PRIVACY AND YOUR PERSONAL DATA

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

13 OTHER IMPORTANT TERMS

13.1 Any contract between you and us is binding on you and us and on our respective successors and assigns.

13.2 You may not transfer, assign or otherwise dispose of any part or all of this contract.

13.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of a contract at any time.

13.4 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.

13.5 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 breach of contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

13.6 We have the right to amend these Terms from time to time. However, each contract will be subject to the Terms that were in force at the time of your order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a confirmation), or we notify you of any changes to these Terms before we give you a confirmation.

13.7 These Terms shall be subject to such further special conditions as may be prescribed in writing by us prior to your order being confirmed. In the event of any conflict, or apparent conflict, between the special conditions and these terms, the special conditions shall prevail.

13.8 These Terms shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts. Where you are a consumer, you may elect to bring a dispute or claim in your local court in England, Northern Ireland, or Scotland, but English law will apply.

13.9 All notices to be served under these terms shall be served by first class pre-paid post or e-mail at our registered office or at the delivery address supplied by you. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.

14 OUR COMPLAINT HANDLING PROCEDURE

14.1 If you are unhappy with the Website, a particular Product, or any of our services, please contact us at enquiries@acollectedman.com and we will seek to resolve your complaint internally.

14.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If you live in the European Union, you may also seek recourse through the EU’s online dispute resolution platform. You can visit the platform at http://ec.europa.eu/consumers/odr. Please use enquiries@acollectedman.com as our contact address in the platform.

14.3 Otherwise, the courts of England and Wales shall have jurisdiction in accordance with paragraph 13.8.