Terms & Conditions
The following terms and conditions apply to the use of this website and by accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. All other terms and conditions including those in any order submitted by you are expressly excluded and shall have no effect.
Definitions
In these conditions:
"we" and "us" mean Rotary Watches Limited trading as Rotary Watches;
"working day" means a day in the standard working week Monday to Friday; and
"circumstances outside our control" include circumstances resulting (directly or indirectly) from any strike, lockout, fire, flood, inability to get products, materials or services, breakdown, delays by suppliers or carriers, government acts or regulations or any other force or event beyond our control. These are only examples. Other circumstances may also be outside our control.
Description of Products
We will take all reasonable care to ensure that all details, descriptions, images and prices of Products appearing on the Website (Products) are correct at the time when the relevant information was entered into the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order.
Placing an order and forming a Contract
When you place an on-line order for the Products you have put in your "shopping basket" you are:
offering to buy them at the price and on the terms in this website; and
warranting that you are legally capable of entering into binding contracts and are at least 18 years old.
We will send you an e-mail acknowledging that we have received your order, but please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation to say we agree to sell them and to confirm that we are able to use the delivery method you asked for. If we reject your order for any reason (see below), we will tell you immediately on-line.
The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Despatch Confirmation.
We will not accept orders:
if we do not have stock available to send to you at the time shown in this website or
if you cannot, or are not willing to, pay by one of the types of payment card listed in this website or if your card issuer will not confirm the payment.
if you are under 18 years old.
We have the right to choose not to accept any order.
You can only order using this website at the prices and on the terms in it.
Consumer Rights
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any Product that has been engraved, personalised or altered at your request, or which you have ordered as a bespoke item under our “Build Your Own Watch” catalogue.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
Prices and discounts
All prices in this website are quoted in GBP, USD or EURO depending on your region. The total value, which includes all UK taxes and delivery charges, is outlined in your copy of the invoice.
Please note that the price listed in the Despatch Confirmation as the total of your order is always the value that you’ll be charged. If you have further queries about the prices listed on this Rotary Watches website please contact us and we will be happy to assist.
We intend all prices shown in this website to be the Recommended Retail Price (RRP) for the Products. If we have made any mistake in the price of goods you have ordered, we will advise you and you or we may cancel your order at any time before we send the goods to you. You may re-order the Products at their correct RRP.
The price for carriage will vary according to the weight of items ordered and location of delivery. The shipping charges are automatically calculated when items are added to your basket.
These prices include United Kingdom VAT to the extent chargeable but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. If you believe that you are entitled to reclaim VAT from HM Revenue & Customs, it is your responsibility to action this.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Payment for all products must be by credit or debit card. We accept payment with:
VISA
VISA DELTA
VISA Electron
Mastercard
MAESTRO
We only charge your credit or debit card when we have your order items in stock, ready for dispatch.
Import Duty
Products from our website may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
International Delivery (excluding U.K.)
If we accept your order:
and the item is in stock, we aim to deliver within 28 days (Typically your delivery will arrive within 7 to 14 working days).
and the item is not in stock, we will advise you at the time you place your order so that you can order an alternative model.
The only exception to this is if we cannot do so because of circumstances outside our control.
Products will be delivered to you by post or by courier parcel service.
The courier or the Royal Mail will not deliver the goods unless someone at the delivery address signs to confirm that the goods have been delivered.
If Products sent do not arrive within the timescale above, please contact us at the address given at the foot of these Terms & Conditions:
If there was no one available at the delivery address nominated by you to receive the goods, please contact the courier or Royal Mail at the number shown on their "unable to deliver" card.
FedEx will carry the majority of our goods for any orders within the EU, excluding the UK.
All non-EU orders are subject to customs clearance and may take longer than 14 working days.
For all delivery methods, please inform us within 21 days if you have not received your expected goods. We regret that we are not able to accept claims for non-delivery after this period of time.
Delivery (U.K.)
If we accept your order:
and the item is in stock, we aim to deliver within 7 days (Typically your delivery will arrive within 2 - 5 working days).
and the item is not in stock, we will advise you at the time you place your order so that you can order an alternative model.
The only exception to this is if we cannot do so because of circumstances outside our control.
Products will be delivered to you by post or by courier parcel service.
The courier or the Royal Mail will not deliver the goods unless someone at the delivery address signs to confirm that the goods have been delivered.
If Products sent do not arrive within the timescale above, please contact us at the address given at the foot of these Terms & Conditions:
If there was no one available at the delivery address nominated by you to receive the goods, please contact the courier or Royal Mail at the number shown on their "unable to deliver" card.
For all delivery methods, please inform us within 14 days if you have not received your expected goods. We regret that we are not able to accept claims for non-delivery after this period of time.
Risk and Title
We will be responsible for your products will in transit.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Our Liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this Contract [including deliberate breaches] is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987 (if applicable to the particular Contract);
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage even if such losses result from a deliberate breach of these Terms & Conditions by us that would entitle you to terminate the Contract between us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Rotary Guarantee
Please read the following Terms and Conditions to ensure your watch is covered by the guarantee.
The battery of the watch is fitted in the country of origin and therefore, may have a shorter remaining life span than that of the guarantee. The battery is not covered under the 2 year guarantee.
Any damage caused to the watch, by the customer, is not covered, irrespective of how it is caused. The guarantee does not cover leather straps, glass or any other item subject to wear and tear.
If your Rotary Watch has a screw down crown and has suffered water damage due to an unsecure crown, it will not be covered.
In the event of a quality failure, Rotary Watches will, at their sole discretion, choose to either repair or replace the faulty components/watch.
This guarantee shall be deemed void, should the watch have any work carried out to it by an unauthorised person.
Rotary Watches recommend that you return your watch for a service every 24 months to ensure that the longevity of your watch can be maintained.
Should your Rotary watch require servicing then please send it to our Service and Repair Centre by accessing the Online portal at rotarywatches.com and following the instructions.
Please be advised that any repair claims under guarantee require proof of purchase, in the form of a dated Rotary Guarantee card or till receipt from an authorised Rotary stockist.
When you register your watch online we will extend your 2 year guarantee by an extra 12 months. All terms and conditions as stated above will apply.
For any further information please feel free to contact us on +44 (0)1702 337061
Dealing with complaints
We endeavour to respond to complaints within five working days, although in the majority of cases we deal with complaints as soon as we receive them.
Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
However, if you are buying a Product as a gift for a third party, then the contractual rights that you have pursuant to the Contract will remain with you. However, it is permitted for the donor of the gift to register the Guarantee rather than yourself as buyer of the Product. Save as aforesaid and without detracting from the right of registered Guarantee holder to enforce such Guarantee, the provisions of this Contract may not be enforced by third parties and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract.
Events outside our Control
Our performance under any Contract is deemed to be suspended for the period that circumstances outside our control continue, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring such circumstances to a close or to find a solution by which our obligations under the Contract may be performed despite the said circumstances outside our control.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section below.
Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, 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.
Entire Agreement
These Terms & Conditions and any document expressly referred to in them [including the terms of the Guarantee] represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Our Right to Vary these Terms & Conditions
We have the right to revise and amend these Terms & Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Terms & Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms & Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you), or if we notify you of the changes to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and the application of the UN Convention on Contracts for the International Sale of Goods is expressly included. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Written Communications
Applicable laws require that some of the information or communications we send you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to us at the Contact address given below. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
