Terms & Conditions

SALE TERMS 

1. Definitions and Interpretation

1.1 In these conditions “we” or “the Company” means A Collected Man Limited, registered in England & Wales under company registration number 08929257, whose registered office is at 111 Charterhouse Street, London EC1M 6AW and “you” means the person, firm or company purchasing the Goods.

1.2 The expression “the Goods” means a watch or watches and associated paraphernalia, possibly including box and paperwork, straps and/or accessories.

1.3 By purchasing Goods from us, you agree to be bound by these Terms.

1.4 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website.  Any purchase of Goods following the posting of any changes constitutes acceptance of those changes.

1.5 No servant or agent of the Company has power to vary these conditions orally, or to make representations or promises about the condition of the Goods, their fitness for any purpose or any other matter whatsoever.

1.6 Unless otherwise expressly stated in writing, all quotations from us are invitations to treat.  Your order is an offer, which offer will be accepted by us delivering an order confirmation email.

1.7 The acceptance by the Customer of all or any of the Goods shall constitute acceptance by the Customer of these Terms.

1.8 The construction, validity and performance of these Terms and the delivery of the Goods shall be governed by English Law.

1.9 These Terms shall be subject to such further special conditions as may be prescribed in writing by the Company.  In the event of any conflict, or apparent conflict, between the special conditions and these Terms, the special conditions shall prevail.

1.10 These Terms supersede all previous sale terms issued by us.

1.11 These Terms constitute the entire agreement and understanding between you and us and govern the supply of the Goods, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. 

1.12 All notices to be served under these Terms shall be served by first class pre-paid post or e-mail at the registered office of the Company 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.

1.13 Orders may only be placed by individuals aged 18 or older.

 

2. Cancellation

2.1 You can cancel your order any time before or after dispatch of the Goods, until the date 14 days following the day on which the Goods are delivered to you.

2.2 All Goods will remain for sale on the website until you have paid for your purchase in full.

2.3 Occasionally there may be information on our website that is inaccurate.  In the event that you place an order based on an inaccurate representation or description, you will be entitled to a full refund at any time during the period of 12 months following delivery of the Goods to you, provided that the Goods are returned to us in the same condition in which they were delivered to you.  No other remedy is available for an inaccurate representation or description.

2.4 If you cancel your order after the Goods are delivered to you, you must return the Goods to us and we will make reasonable deductions for any wear and tear the Goods may have suffered, or for any repair that needs to be carried out, as a result of damage incurred, whilst the Goods were in your care.  Paperwork has a significant impact on resale value and we may reduce the funds that we return to you by up to 30% if these are missing or damaged.

2.5 Return postage, packaging and insurance are your responsibility, though we will assist in the process where possible.

2.6 You must dispatch the Goods to us within 7 days of sending us your notification to cancel. 

2.7 Provided the cancellation conditions are met, we will reimburse you within 14 days of receiving and inspecting the Goods.

2.8 To cancel your order, you must inform us either by email to enquiries@acollectedman.com or write to us at our registered office address in London.

2.9 We may have to cancel your Order, due to unavailability of stock or for some other reason justifying cancellation.  If we cancel your order, we will refund all sums paid by you within 14 working days of notifying you of our intention to cancel your Order.

 

3. Warranties and Representations

3.1 We have made every effort to display as accurately as possible the colours and images of our products that appear on our website.  We cannot guarantee that your electronic display will be accurate.

 

4. Pricing and Payment

4.1 The price of the Goods will be set out in the email acknowledging your order and may occasionally differ from the price at which the Goods are advertised on our website.  All prices are in Pounds Sterling, 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.

4.2 Our prices include UK VAT at the prevailing rate, and are subject to change until you have paid for the Goods in full. Please note, that prices are quoted gross of VAT (unless expressly stated otherwise) and that preowned goods are subject to a marginal rate of VAT, which can not be reclaimed. For further information, please see here.

4.3 Prices for Goods may change without notice.

4.4 All Goods must be paid for in full, prior to dispatch.

4.5 We accept payments by the following methods:

4.5.1 if you are based in the UK: by credit or debit card (potentially subject to a convenience fee); and by CHAPS and BACS.

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

4.6 In certain circumstances, and by negotiation, we will accept a deposit for a watch, prior to payment of the balance by a specified date. 

4.6.1 Where the deposit is 10% of the VAT inclusive purchase price of the watch, the deposit will be refundable provided that you request the return of the deposit, in writing, within 48 hours of paying the deposit. 

4.6.2 Where the deposit is less than 10% of the VAT inclusive purchase price of the watch, the deposit will be non-refundable and will be forfeit in the event of a failure to pay the balance of the purchase price of the watch on or before the agreed final payment date, which will generally be 7 days from the date of payment of the deposit.

4.7 If outside the UK, you may have to pay import duties or other charges, levied by national authorities, when the Goods enter their country of destination.  These are entirely your responsibility.

 

5. Delivery

5.1 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 Goods 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.

5.2 A signature by a person aged 18 years or over, is needed for receipt of all Goods, 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.

5.3 Goods will be delivered to the address given in the original order.

5.4 Goods 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 Goods will be completed when they have been delivered to the Address given in your order, or they have been collected from us.

 

6. Title and Risk

6.1 The Goods will be your responsibility from the completion of physical delivery of the Goods to you.

6.2 Ownership of the Goods will pass to you once we have received payment in full for the Goods.

 

7. Defective Goods

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

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

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

7.4 We will make reasonable deductions for any wear and tear the Goods 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 the paperwork is missing or damaged.

7.5 Return postage, packaging and insurance are your responsibility, though we will assist in the process where possible.

 

8. Limitations of our Liability

8.1 We shall not be liable for any loss of profit, loss of goodwill, loss of business, loss of business opportunity loss of anticipated saving, loss or corruption of data or information, special, consequential or indirect loss suffered by you or by any third party in relation to this order and you shall indemnify us in respect of any claim of any person in respect of such consequential or indirect loss.

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

8.3 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.

8.4 If an Event Outside Our Control takes place that affects the performance of our obligations under an Order: (i) we will contact you as soon as reasonably possible to notify you of the event; and (ii) our obligations under an Order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

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

 

9. General

9.1 Your submission of personal information through our website is governed by our Privacy Policy. 

9.2 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

9.3 Except where expressly stated, any contract is between you and us.  No external party to any contract shall have any right to enforce any of its provisions.  The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

9.4 Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

9.5 We reserve the right to transfer any of our rights and obligations under these Terms, to another party, notifying you of this in writing should it occur, but this will not affect any of your rights or our obligations under these Terms.

9.6 Any questions relating to these Terms should be sent to legal@acollectedman.com or by post, to Legal Officer, A Collected Man Limited, 111 Charterhouse Street, London EC1M 6AW.   

 

CONSIGNMENT SALE TERMS

1. Definitions and Interpretation

1.1 In these Terms “we” or “the Company” means A Collected Man Limited, registered in England & Wales under company registration number 08929257, whose registered office is at 111 Charterhouse Street, London EC1M 6AW and “you” means the person, firm or company making available the Goods.

1.2 The expression “the Goods” means a watch or watches and associated paraphernalia, possibly including box and paperwork, straps and/or accessories.

1.3 By making available the Goods to us, you agree to be bound by these Terms.

1.4 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website.  Any delivery to us of Goods following the posting of any changes constitutes acceptance of those changes.

1.5 No servant or agent of the Company has the power to vary these Terms orally, or to make representations or promises about the condition of the Goods, their fitness for any purpose or any other matter whatsoever.

1.6 Unless otherwise expressly stated in writing, your delivery of Goods to us is an offer, which offer will be accepted by us issuing a delivery confirmation email.

1.7 The construction, validity and performance of these Terms and the consignment sale of the Goods shall be governed by English Law.

1.8 These Terms shall be subject to such further special conditions as may be prescribed in writing by the Company.  In the event of any conflict, or apparent conflict, between the special conditions and these Terms, the special conditions shall prevail.

1.9 These Terms supersede all previous consignment sale terms issued by us.

1.10 These Terms constitute the entire agreement and understanding between you and us and govern the consignment sale of the Goods, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. 

1.11 All notices to be served under these Terms shall be served by first class pre-paid post or e-mail at the registered office of the Company or at the 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.

1.12 Consignment sale offers may only be placed by individuals aged 18 or older.

 

2. Consignment Sales

2.1 If you would like to sell your watch through us, we can attempt to sell it on your behalf, for which we take a commission on the proceeds of sale.  This process is known as a consignment sale.

2.2 You will need to provide us with details of your watch, such as its 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 quoting price we give you will be based entirely on this information, and any photos of the Goods that you supply to us.

2.3 Once the information has been uploaded onto our website, we will aim to provide you with a provisional quoting price for the Goods within two working days. 

2.3.1 This will include any recent trading data we are able find on your watch and a suggested listing price. 

2.3.2 You are under no obligation to accept any quoting price that we suggest.

2.4 If you decide to then proceed with a consignment sale, you must arrange for your watch to be posted or delivered to our offices. 

2.5 On receipt of your watch, we will then arrange for it, as well as its accompanying paperwork, to be inspected.  Once authenticity has been confirmed, we will either contact you with a suggested listing price. 

2.6 Where work needs to be carried out on the watch and you have consented to the watch being listed on our website, you are deemed to have consented to us carrying out the work. 

2.7 We may offer a reduced valuation if the watch or the condition of the watch is not exactly as described by you; and/or where other factors, that were not previously disclosed, have an impact on valuation.     

2.8 You will be expected to remove or cancel any public sales listings for the watch, should these exist, prior to the watch being listed on our website.

 

3. Cancellation

3.1 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.

3.2 If you decide to withdraw the watch from sale during the initial 3 month listing period, you will immediately become liable to pay to us the commission that would have been payable on the sale of the watch.

3.3 If you decide to withdraw the watch from sale following the expiry of the initial 3 month listing period, no penalty will apply.

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

 

4. Consignment Sale Fees

4.1 Our sale commission on a consignment sale is a percentage of the actual sale price, agreed on a case by case basis. 

4.2 In order for watches to be listed on our website, they must be listed for a minimum term of 3 months. 

4.3 We will agree with you an asking price before we list your watch on our website. 

4.3.1 In certain circumstances, we will sell your watch 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 watch.

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

4.4 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.

 

5. Sale by Consignment

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

5.2 Provided that the end buyer does not give notice to return the item during the “cooling off” period, then we will account to you for the net proceeds of sale of the Goods.

5.3 Any outstanding sum owed to us, including but not limited to import duty or other charges agreed between us, will be deducted from any payment due to you.

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

 

6. Sale Procedure

6.1 Once we have agreed the sale price, we will list your watch on our website.

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

6.3 By setting the sale price and possibly a minimum return price, you are authorising us to sell your watch 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 your instructions in relation to the offer. 

6.4 If no cancellation occurs during the 14 day “cooling off” period, or subsequently due to a defect with the watch, we will arrange for payment to you by BACS transfer within 14 working days of the expiry of the “cooling off” period.

6.5 We cannot accept liability for any delay by the end buyer in returning the watch to our offices. 

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

 

7. Pricing and Methods of Payment

7.1 All prices and payments are in Pounds Sterling.  If we make a payment to you, this will generally be paid in Pounds Sterling.

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

7.2.1 You are responsible for ensuring we have the correct bank account details. 

7.2.2 We accept no liability if you provide us with incorrect bank account information.

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

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

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

 

8. Delivery

8.1 Items must be delivered to A Collected Man, 111 Charterhouse Street, London EC1M 6AW.

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

8.5 If you decide not to proceed with a sale once we have given you our recommended listing price, we will return your items to you at our expense, provided you are based in the UK.  If not, or if you have breached one of your undertakings to us, we will send the Goods back to you, but only once you have reimbursed us for our associated costs. 

8.6 We will notify you of the safe receipt of your items, within 48 hours of them arriving at our office.

 

9. Risk and Title

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

9.2 Ownership of the Goods will pass from you to the end buyer only after the 14 day cooling off period has expired, without having received notification of cancellation during that period from the end buyer and the sale has not been cancelled because of a defect in the Goods.

9.3 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. 

9.4 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 working days of receipt of the same from our insurers.

 

10. Warranties from You

10.1 You must ensure that the 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.

10.2 You warrant that all information that you have provided us with is true, accurate and complete.

10.3 You warrant that 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.   

10.4 You warrant that the watch is yours to sell, and you are entitled to do so free from any charge, lien or adverse claim, or hire, hire purchase commitment or any other form of financial arrangement. 

10.5 You warrant that the watch has no unreported physical defects, nor has it been altered or tampered with.

10.5 You warrant that the watch and all accompanying documentation are original and genuine.

 

11. Remedies available to us

11.1 in the event of any breach of the warranties set out in clause 10 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.

11.2 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.

 

12. Limitations of our Liability

12.1 We shall not be liable for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information, special, consequential or indirect loss suffered by you or by any third party in relation to the consignment sale and you shall indemnify us in respect of any claim of any person in respect of such consequential or indirect loss.

12.2 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 that is caused by an Event Outside Our Control.

12.3 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.

12.4 If an Event Outside Our Control takes place that affects the performance of our obligations under a consignment sale: (i) we will contact you as soon as reasonably possible to notify you of the event; and (ii) our obligations under a consignment sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

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

 

13. General

13.1 Your submission of personal information through our website is governed by our Privacy Policy. 

13.2 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

13.3 Except where expressly stated, any contract is between you and us.  No external party to any contract shall have any right to enforce any of its provisions.  The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

13.4 Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.5 We reserve the right to transfer any of our rights and obligations under these Terms, to another party, notifying you of this in writing should it occur, but this will not affect any of your rights or our obligations under these Terms.

13.6 Any questions relating to these Terms should be sent to legal@acollectedman.com or by post, to Legal Officer, A Collected Man Limited, 111 Charterhouse Street, London EC1M 6AW.   

 

WEBSITE WARRANTIES

1. We guarantee the authenticity of all watches that we sell on our website.

2. We provide a 24-month warranty on either a full or limited basis on every pre-owned watch we sell, whether on a direct sale basis or on a consignment sale basis.

2.1 Subject to sub-clause 2.2 below, the warranty protects the watch against manufacturing and/or mechanical defects.

2.2 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. 

3. 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.

4. 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 the instructions of the manufacturer or of A Collected Man.

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

6. 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.

7. 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.

8. 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 the warranty.

9. 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. 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.

11. 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.

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

13. The warranty is personal to you and non-transferable.

14. To make a claim under a warranty, please contact us at here.