Website Sales Terms and Conditions

These terms and conditions together with our Privacy Policy, Refunds Policy, Delivery Policy and Warranty tell you information about us and constitute the legal terms and conditions (‘Terms‘) on which we sell any of the goods (‘Goods‘) listed on our website (and all associated pages) (‘Website‘) to you.

www.brooklandswatches.com  is operated by Brooklands Watch Company Limited. Any references to “we”, “us”, or similar terms are a reference to this entity.

By making a purchase with us, you are agreeing to the Terms, and it is your own responsibility to ensure that you are fully aware of these.

  1. Our Contract With You
      1. These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us.  If you wish to place an order for the Goods with us (“Order”), our Website will guide you through the ordering process. 
      2. Our Website will give you the opportunity to either checkout as a guest, register or if already registered, login.
      3. Before submitting your Order to us, you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
      4. No part of our Website constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our sole discretion, accept. 
      5. Upon receipt of your Order, we will send you an acknowledgement of your Order to you by email (“Order Acknowledgement”); this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the Goods be available as detailed on our Website then you have entered into a legally binding agreement to purchase the Goods.
      6. Once we have received confirmation that the Goods are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery. (“Delivery Confirmation”)
      7. Our acceptance is indicated by us sending you a Delivery Confirmation by email.  Only once we have sent you a Delivery Confirmation will there be a legally binding contract between you and us (“Contract”).  Delivery Confirmations will be provided in writing and will contain the following information:
          1. Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other additional charges;
          2. An Order number to be used in any future correspondence
          3. Our identity and contact details;
          4. The estimated delivery date(s) and time(s).
      8. It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of an acknowledgement or dispatch email should your email address be incorrect.
      9. Sometimes with reject orders, for example, because a product is out of stock, because you are located outside of the UK or because there was a pricing error on our website. If we, for any reason, do not accept or cannot fulfil your Order, and we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
      10. Once your Order has been accepted as detailed in clause 1.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
  1. Description and Specification of Goods
      1. We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature and on our Website.  We cannot, however, guarantee that all photographs and descriptions will be precisely accurate.  Please note in particular that certain colours when displayed on your computer, phone or tablet may look different to the actual colour of the Goods.
      2. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
      3. We neither represent nor warrant that particular Goods will be available.  Stock indications are not provided on our Website.  If the Goods are not available, and the waiting time is not convenient for you, the provisions of clause 1.9 will apply.
  1. Price and Payment
      1. The price of the Goods will be shown on our Website at the time of your Order.  Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
      2. The price of the Goods does not include delivery charges, which will be notified to you during the checkout process and before you confirm your order.
      3. We have made every reasonable effort to ensure that our prices, as shown on our Website are correct.  If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  We will normally check prices as part of our despatch procedures so that:
          1. where the Goods’ correct price is less than the price stated on our Website, we will charge the lower amount when despatching the Goods to you; and
          2. if the Goods’ correct price is higher than the price stated on our Website and/or your Order Acknowledge, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will be under no obligation to provide the Goods to you at the incorrect (lower) price.
      4. All prices include VAT, where applicable.  If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any prices where we have already received payment in full from you.
      5. From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
      6. Promotional codes have no monetary value and must not be sold or transferred to anyone else.
      7. Promotional codes cannot be used in conjunction with any other offer. 
      8. All payments made via the Website will go through a secure payment gateway.  We accept Visa Credit, Visa Debt, American Express and MasterCard. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to third parties’ terms and conditions. A separate contractual relationship is created between you and them and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
      9. We do not accept liability if delivery of Goods is delayed because you have provided us with incorrect payment or delivery details.
      10. If it is not possible to obtain payment for the Goods using the payment details you have provide, your order will be rejected.
  1. Cancellations by Us
      1. We may cancel your Order at any time before we despatch the Goods to you, if the Goods are unexpectedly no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); because the Goods were mispriced by us or If an event outside of our control occurs (please see clause 6 for events outside of our control).
      2. If we cancel your Order and you have already paid for the Goods under clause 3, the payment will be refunded to you within 14 days.  If we cancel your Order, the cancellation will be confirmed by us in writing.
  1. Your Legal Rights
      1. If you buy online, by mail order or over the telephone, you have a legal right to change your mind, and a legal right regarding faulty, damaged or incorrect Goods. Further details of your rights are set out in our Refunds Policy which forms part of the contract between you and us.
  1. Our Liability
      1. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
      2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
      3. Subject to sub-clauses 5.1 and 5.2:
          1. We shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to improper conditions, failure to follow our instructions (whether given orally or in writing), misuse, attempted repair or alteration of the Goods without our prior approval, or any other breach of these conditions or act or omission on the part of the Customer, its employees or agents or any third party;
          2. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and
          3. we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
      4. Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer where applicable.  More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure):  If our supply of the Goods is delayed by an event outside of our control such as power failure, internet service provider failure, industrial action, civil unrest, infectious diseases, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control, then we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but you can Customer Service Team via email at [email protected] or by telephone on +447507 703857 to end the contract and received a full refund for any Goods you have paid for in advance, but not yet received. 
  1. Communication, Complaints and Feedback
      1. If you wish to contact us in writing, please use the contact form on our Website or email [email protected]
      2. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.  If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
  1. How We Use Your Personal Information (Data Protection)
      1. All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and General Data Protection Regulations 2016 and your rights under that Act.
      2. We may use your personal information to provide our Goods and services to you, process your payment for the Goods, send our newsletter to you; and/or inform you of new Goods available from us.  You may request that we stop sending you this information at any time.  We will not pass on your personal information to any third parties without first obtaining your express permission.
      3. Further information about our use of your personal information is available in our Privacy Policy.
  1. Other Important Terms
      1. The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
      2. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
      3. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
      4. These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.