("Conditions")

Please Note: Your contract is with the dealer/seller.

Watchwearers is a trading name of Watchwearers Ltd and is an advertising platform for sellers who want to advertise a listing to access our network of buyers.

IMPORTANT INFORMATION: We are NOT a retailer and/or participate in the sale of any mechanical/luxury watches of any nature. We also do not buy/store or trade any watches/stock work with, associate or affiliate ourselves with any of the brands listed in any advertisements made by the sellers.

Please read these Conditions carefully as they govern the provision of a digital advertising package by us to you. We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.

In these Conditions, "we", "us" or "our" means Watchwearers Ltd. When we refer to Watchwearers this includes the website located at watchwearers.com ("WatchWearers Website"), and all other Watchwearers platforms including mobile and tablet and the Watchwearers Apps owned and operated by us.

These Conditions apply to any adverts that are placed, renewed and/or amended until that advert expires or is amended or renewed.

1. 1. OUR CONTRACT WITH YOU

   1. 1.1 These Conditions apply to any advert for the sale of a Watch that is placed on Watchwearers by a private/company advertiser and together with all other policies and terms posted on the Watchwearers Website, set out the terms on which we enter into a contract with you to provide you with access to our platforms and services.

   2. 1.2 By placing an advert with us, you are deemed to have accepted these Conditions.

   3. 1.3 Each time we accept a request from you to place an advert on Watchwearers, a separate severable contract is formed between you and us which is subject to these Conditions.

2. 2. PLACING AN ADVERT

   1. 2.1 When you place an advert on Watchwearers, you will be given a username and password which you are responsible for keeping secure. Watchwearers will not be liable to you if you fail to keep your username and password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive. All personal information (i.e Photo ID, Proof of address, Picture of yourself to confirm identity) supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

   2. 2.2 Before you confirm that you would like to submit your advert, we will use details sourced from The Watch Register, police and any other authorities to carry out any further checks if necessary to see whether the Watch you wish to advertise has ever been stolen or any insurance claim ("Lost, Stolen, Damaged"). We do not permit the advertising of replica watches anywhere on Watchwearers platform and will not accept advertisements for watches that are not as described. You will be informed of the watches status before placing the advert. If you no longer wish to proceed with the advert, you should not submit it. You can find more information about how to sell a watch on our FAQs for more information.

   3. 2.3 Please do not submit your advert if you do not wish the serial number to be checked or used in this way in the paragraph above.

   4. 2.4 If we accept your advert, whilst we cannot give any guarantees regarding timescales, we aim to process and publish adverts supplied online within 24 hours of receipt.

   5. 2.5 Adverts placed may appear on all Watchwearers platforms, including desktop, mobile and tablet, and all third party social media platforms on which Watchwearers are active.

   6. 2.6 As soon as your advert has been accepted for publication, a confirmation email will be sent to you explaining that the advert has gone live on Watchwearers and you will be given a unique identification number (product number) in respect of your advert. In the event that an advert has been rejected for publication, we will attempt to contact you to explain why your advert has been rejected. In the event that we reject the advert prior to publishing, a charge will be incurred by you as our subscription is on a monthly basis not per advert but this can be cancelled at anytime within the month to stop reoccurring monthly costs to you. Please note that only the subscription contract and that no other contract other than the fees for subscription will be deemed to exist between you and us until we have sent you a confirmation email. Please refer to out FAQs for more information on our subscription terms and conditions.

   7. 2.7 If you purchase a subscription, your advert will be published for that month. At the end of each month, you will be continuously re-book your advert for further month, and you can do this as many times as you like, until your Watch is sold (provided that there is no break in advertising) or you wish to cancel the subscription. During this monthly period, we will contact you by email after the month to check whether your Watch has been sold. If you notify us that your watch has not been sold, we will re-book your advert for a further month period (commencing immediately after the current month). If you notify us that your Watch has been sold, we will delete your advert. The subscription payment will still be taken each month unless we have been notified otherwise from you/advertiser. If you wish to rebook the advert, after it has been deleted, you will be charged to do so.

3. 3. ADVERT CONTENT GUIDELINES

   1. 3.1 Each advert will feature one watch. If you have more than one watch to sell, you will need to place a separate advert for each watch.

   2. 3.2 We are only able to display one advert for each watch at any one time.

   3. 3.3 We may accept photographs and videos (in a format to be determined by Watchwearers) of watches for use in adverts. However, we reserve the right in our sole discretion not to include a photograph and/or video in an advert.

   4. 3.4 You are solely responsible for uploading any photographs and videos which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs and/or videos you upload or provide to us.

   5. 3.5 Photographs and videos which form part of the adverts must:-

      1. 3.5.1 show only one watch;

      2. 3.5.2 be accurate in their description of the watch being displayed;

      3. 3.5.3 comply with all applicable legislation and regulation; 

      4. 3.5.4 not contain any material that is subject to third party intellectual property rights or other third party proprietary rights (including rights of privacy or rights of publicity);

      5. 3.5.5 not be defamatory or derogatory of any person or organisation;

      6. 3.5.6 not contain any strong profanity or inappropriate content or be obscene, offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious or sexually graphic;

      7. 3.5.7 not be in any way discriminatory or promote discrimination of any kind;

      8. 3.5.8 not be pornographic or violent;

      9. 3.5.9 not disclose any personal information in respect of any individual (and personal information for the purpose of these Conditions is any information that can be used to identify a person or contact a person by any means);

      10. 3.5.10 not impersonate any person or misrepresent your identity or affiliation with any person or company;

      11. 3.5.11 not be unlawful or advocate, promote, incite any third party to commit or assist any unlawful or criminal act or contain any description or mention of illegal activity;

      12. 3.5.12 not contain a statement which is direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

      13. 3.5.13 not, other than solely in relation to the sale of the Watch which is the subject of your advert, contain any advertising, promote any goods or services, drive traffic to another website or notify users of a promotion not approved by Watchwearers or otherwise attempt to make a commercial gain;

      14. 3.5.14 not contain any spam;

      15. 3.5.15 not contain text or audio not relevant to the watch being described;

      16. 3.5.16 not be in any language other than English;

      17. 3.5.17 not be irrelevant or off-topic; and

      18. 3.5.18 not contain a url or link to any other site except the Advertiser’s own website. Watchwearers may check such photographs and videos which form part of the adverts to ensure that such content meets the above requirements

   6. 3.6 If a photograph and/or video in your advert does not meet the requirements set out in Condition 3.5, we reserve the right not to publish the photograph and/or video (as applicable), to remove the relevant photograph and/or video (as applicable) from the advert or to remove the advert in its entirety from Watchwearers.

   7. 3.7 If you need to amend your advert, you can use the online edit functionality featured on Watchwearers.

   8. 3.8 You warrant that:

      1. 3.8.1 you are a resident or business in the UK;;

      2. 3.8.2 you have the right to sell the watch in the advert;

      3. 3.8.3 the advert you are placing does not relate to a watch that is an insurance claim;

      4. 3.8.4 the information contained within the advert is a true and accurate representation of the watch to which it relates and any statement made in relation to the watch being advertised is correct;

      5. 3.8.5 the advert has consistent and accurate pricing throughout (in both the asking price section and the description) and the correct paperwork has been provided;

      6. 3.8.6 you will not act fraudulently and will deliver any watch advertised that is lawfully bought from you;

      7. 3.8.7 all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation;

      8. 3.8.8 the publication of the advert by us will not breach any contract, infringe any third party intellectual property rights or other rights; render us or any other company in our group liable to any proceedings; and/or cause a detriment to our reputation and/or the reputation of any company within our group;

      9. 3.8.9 you will not upload any files to Watchwearers that contain a virus and/ or corrupted data; and

      10. 3.8.10 the advert complies with these Conditions including without limitation Conditions 3.1 to 3.5.

   9. 3.9 If you refer to a watch as being ‘Sold’ in any part of an advert, we have the right to automatically remove such advert from Watchwearers.

4. 4. OUR RIGHTS AND OBLIGATIONS

   1. 4.1 We shall provide the advertising service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Watchwearers will be continuously available online or to guarantee the corruption free or error free transfer of an advert to Watchwearers.

   2. 4.2 From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.

   3. 4.3 We will use reasonable endeavours to remedy faults or errors on Watchwearers as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].

   4. 4.4 We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.

   5. 4.5 We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/ or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.

   6. 4.6 We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions.

   7. 4.7 We may at any time vary the technical specifications of Watchwearers (or any parts of them) for operational reasons.

5. 5. CHARGES AND PAYMENT

   1. 5.1 The cost of placing an advert on Watchwearers depends on the advertising package (subscription) you select and all prices are quoted on Watchwearers. All prices are inclusive of VAT.

   2. 5.2 We have the right to change our advertising rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates.

   3. 5.3 All adverts must be pre-paid prior to publication.

   4. 5.4 Payment for adverts is made online through Watchwearers via our payment service.

   5. 5.5 Where payment is taken through Watchwearers, we will refer you to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of your payment online. Payment can be made using Visa, MasterCard or Maestro. Any cards used for payment must be registered in the UK to be accepted. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.

6. 6. INTELLECTUAL PROPERTY RIGHTS

   1. 6.1 In respect of any materials which you supply to us ("Materials"), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.

   2. 6.2 You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs, videos or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.

7. 7. OUR RIGHT TO TERMINATE THE CONTRACT

   1. 7.1 We shall be entitled to terminate the contract with you and remove an advert at any time. We will provide you with notice of the removal of your advert. In such circumstances we will not provide a refund to you for the unexpired part of the advertising term (Month Ending)unless we have terminated the contract pursuant to Condition 7.2 below.

   2. 7.2 We may immediately suspend or terminate the contract and remove an advert where:

      1. 7.2.1 you breach a term of these Conditions;

      2. 7.2.2 you breach any of the provisions of Condition 3.8;

      3. 7.2.3 we reasonably suspect that you are not complying with the provisions of Condition 3.8;

      4. 7.2.4 you place an advert at our bargain rate but then price your watch above the watch price limit to which the bargain rate applies;

      5. 7.2.5 You place an advert for one watch and then modify adverts details to sell multiple watches;

      6. 7.2.6 You are a trade seller masquerading as a private seller;

      7. 7.2.7 if in our reasonable opinion, we have reason to believe that you have been abusive to our staff or we receive a complaint from a third party regarding your conduct in the sale of an advertised watch; and/ or

      8. 7.2.8 any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you.

   3. 7.3 If we remove an advert in accordance with Condition 7.2 above, you will not be entitled to any refund for the month subscription/ or advert in question.

8. 8. YOUR RIGHT TO CANCEL

   1. 8.1 Please note that the digital advertising package provided by Watchwearers is a bespoke package, tailored to your requirements and is created instantaneously. By submitting your advert to us for publication, you consent to us publishing your advert within the statutory 14-day cancellation period afforded to consumers, which begins on the day that we notify you that you have subscribed to become a seller on Watchwearers.

   2. 8.2 By submitting your advert for publication, you acknowledge that your right to cancel the contract at no cost to you will be lost after 14 days.

   3. 8.3 An advert can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel due to our breach of the contract.

9. 9. LIABILITY

   1. 9.1 Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.

   2. 9.2 If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the advert was published and the contract was formed.

   3. 9.3 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Watchwearers, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Watchwearers or your downloading of any material posted on it or on any website linked to it.

   4. 9.4 We cannot guarantee that by placing an advert on Watchwearers, you will sell the Watch in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your watch for sale.

   5. 9.5 The security Checks (referred to in Condition 2.2) that are carried out when you place your advert are based on data supplied by an independent third party. The results provided are valid as at the time the advert is placed. We will not be liable for the accuracy of the results of any Checks that are displayed in an advert. It is your responsibility to check the results of the Checks before you place your advert and determine whether or not you still want to proceed. We will not be liable for any loss you might suffer arising out of the results of any Checks.

   6. 9.6 In order to create your advert, we may use certain third party data, including but not limited to data supplied by The International Art and Antique Loss Register Limited ("The Watch Register Data"). We will not be liable for the accuracy of any The Watch Register Data that is included in or used to create your advert or for any loss or damage you might suffer as a result of the inclusion or use of The Watch Register Data in your advert.

   7. 9.7 If, as a result of placing an advert, you are successful in selling your Watch, Watchwearers will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your watch which you might enter into with a third party.

   8. 9.8 You agree that any questions and complaints regarding a watch advertised in your advert will be your responsibility only and that we do not have any liability in this regard.

   9. 9.9 In the event of any error or omission in an advert, we may at our sole discretion either amend the relevant part of the advert or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the advert or where it arises as a result of incorrect or inadequate information provided by you.

   10. 9.10 We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).

   11. 9.11 Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.

10. 10. DATA PROTECTION AND SECURITY

    1. 10.1 We take security very seriously and provide advice on the Watchwearers Website on steps you can take to ensure your safety and security when selling your watch. 

    2. 10.2 By submitting an advert to us, you are requesting that your advert appears on Watchwearers. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.

    3. 10.3 We use Protect My Number /address toggle  and a Customer to Customer messaging service to protect the privacy of our customers.

    4. 10.4 Protect My Number disguises your telephone number from persons viewing your advert by allowing them to call you without seeing your true number. Protect My Number is automatically applied at the time you place your advert. Removal of this feature is only available by contacting our Customer Service team. Please note that if you opt out of Protect My Number, your telephone number will be visible to everybody viewing your advert. To find out more about Protect My number/ or address please visit our sell your Watch page. 

    5. 10.5 Customer to Customer messaging does not disguises your email address/ or phone number from persons viewing your advert by enabling them to contact you on your advert. This is not optional. By placing an advert with us, you acknowledge and agree that your communication with persons viewing your advert will be via consent to let potential buyers contact you. We will NEVER tell you to openly list your home address. As an extra level of protection when you create an account the option to show your address will be set to off (Your address is not visible to the public). Do not set your address to on as it is set to off to add an extra level of protection to the you/sellers. We do not accept any responsibility/ or liability if you openly share your home address to buyers on the sellers page or any form of contact. If a company wants to show a secured location of where they deem it safe to conduct business. Please see our sell a watch page for guidance.

    6. 10.6 You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes (as further detailed in our Privacy Policy) and which may include the prevention and detection of fraud, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations. Our Privacy Policy can be found on our website and we advise you to read it. For the privacy policy.

11. 11. INFORMATION ABOUT US AND HOW TO CONTACT US

    1. 11.1 Watchwearers is the trading name of Watchwearers Online ltd, a company registered in England and Wales with registered company number 14177484, and whose registered office address is Watchwearers Online Ltd 16 commerce Square, Nottingham, NG1 1HS.

    2. 11.2 If you wish to contact us in writing, you can do so by:

       1. 11.2.1 e-mailing enquiries@watchwearers.com; or

       2. 11.2.2 Post to Customer Services Watchwearers 16 commerce Square, Nottingham, NG1 1HS.

    3. 11.3 If you would like to speak to us on the telephone to discuss an advert that you have placed, to make a complaint about your advert or for general enquiries, please email us using your contact form. Please check the Watchwearers Website to find our current opening hours.

    4. 11.4 Please note that if we have to contact you or give you notice in writing, we may do so by e-mail, or by pre-paid post to the address you provide to us at the time you placed the advert.

12. 12. GENERAL

    1. 12.1 We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.

    2. 12.2 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.

    3. 12.3 If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

    4. 12.4 These Conditions form a contract between you and us. No other person shall have any rights to enforce them.

    5. 12.5 These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.

13. 13. TRADE ADVERTISING

    1. 13.1 These Conditions relate to the advertising of Watches by PRIVATE SELLERS ONLY. If you are a company/trader and you would like to advertise watches for sale on the Watchwearers Website, please visit the seller sign up section of www.Watchwearers.com and select the company seller option.

    2. 13.2 If you are a company/trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.

    3. 13.3 We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund for the month in question and you may be charged an administration fee by us.

Subscription Terms and Conditions

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel
your Monthly Subscription at any time, subject to the terms of our cancellation policy. AUTOMATIC MONTHLY RENEWAL TERMS; Once you subscribe Watchwearers will automatically process your Monthly Subscription fee in the next billing cycle. Watchwearers will continue to automatically process your Monthly Subscription fee each month at the then- current Monthly Subscription rate, until you cancel your subscription. We explain how to
cancel your Monthly Subscription below at the Section "Cancellation Policy".

For example, let's say you purchased a Monthly Subscription on the 28th May 2023. Your next bill to you will be 28th June 2023. Unless you cancel your Monthly Subscription before 28th June 2023. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, Watchwearers will automatically process your Monthly Subscription fee at the then-current Monthly Subscription rate. We explain how to

cancel your Monthly Subscription below at the Section "Cancellation Policy"

if you wish to know how to cancel your subscription. This can be done by visiting our FAQs page and clicking on the “How do I cancel my subscription” tab.