Conditions of sales
1.1 These conditions of sale apply to our supply to you of any of the products listed on this website http://rado.com/en_gb. Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these conditions of sale as set out below.
1.2 You should print a copy of these conditions of sale for future reference.
1.3 Please tick the box at the end of the order process if you accept the Conditions of Sale. Please understand that if you refuse to accept these conditions of sale, you will not be able to order any products from this website.
1.4 This website is operated by The Swatch Group (UK) Ltd, Building 1000, 2nd Floor East Wing, The Royal Business Park, Dockside Road, London, E16 2QU (“we”, “us”, “our”). We are registered in England and Wales under company number 00177501. Our VAT number is GB232933667. The Swatch Group (UK) Ltd is an affiliated company of The Swatch Group Ltd., Biel, Switzerland.
2. YOUR STATUS
2.1 By placing an order through our site, you confirm that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old.
2.2 If you are contracting as a consumer, please note that nothing in the contract between you and us or these conditions of sale affect your legal rights as a consumer.
3. PURCHASE OF GOODS, ORDER PROCESS
3.1 Your order for a product shall be regarded as an offer to purchase products under these conditions of sale.
3.2 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
3.3 Product and service descriptions are correct at the date of publication but are subject to availability or change without notice. We cannot be held liable or responsible for errors in photography or typography.
3.4 Information provided by you in connection with your order, such as messages for gift cards, texts/pictures for personalization (e.g. engraving), or photographs of your watch and movement, can be refused without stating any reason. In such case, we are free to cancel your contract and refund you or to cancel your order (as applicable). We do not bear any responsibility for the correctness or suitability of such information for the purpose.
3.5 Orders are subject to acceptance by us and availability of the ordered products. We cannot be responsible for errors in typography or photography.
3.6 If the products ordered are not available, we will notify you by email and you will have the option either to wait until the item is available from stock or to cancel the order.
3.7 We will confirm acceptance to you by sending you an order confirmation by email and this will constitute a binding contract between you and us.
3.8 The contract will relate only to those products whose dispatch we have confirmed in the order 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 order confirmation.
4. PRICE AND PAYMENT
4.1 The price of any product will be as displayed on this website from time to time, except in cases of obvious error. When you buy a product from this website, you will have to pay the price displayed (which is inclusive of VAT at the current rates) together with delivery costs, which, if applicable, will be added to the total amount due as set out in our guide to delivery costs (Delivery and Returns).
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.3 Our site 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 dispatch procedures so that, where the correct price of a product is less than our stated price, we will charge the lower amount when dispatching the product to you. If the correct price of a product is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
4.4 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.5 Payment can be made by the credit/debit cards as detailed in the ordering process. We will display the price that you have to pay on the order confirmation. We will not charge your credit/debit card until we despatch your order.
4.6 All card holders are subject to validation checks and authorisation by the card issuer. We may share the credit card holder's personal information with such third parties as are necessary to enable us to do such checks. If the issuer of the credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
4.7 Payment must be made before supply of the products. We will deduct full payment from your credit/debit card just before we ship the products. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.
5.1 Delivery will normally take place within 2-5 days (but subject to a maximum of 30 days) after the date of order unless specifically otherwise agreed at the time of making the order. If separate products from your order may be available at different times, then we may give you the option of receiving your order in instalments.
5.2 The place of delivery is as stated in the order confirmation. We will deliver within the UK only.
5.3 If we cannot meet the estimated delivery date indicated in the order confirmation and the revised delivery date will exceed 30 days from the original date of order, then we will contact you to advise you of a proposed new date for delivery. If you refuse the revised delivery date and we are unable to deliver the product(s) within 30 days from the original date of your order or prior to the specifically agreed delivery date if applicable, then you may cancel the order without charge and obtain a full refund. Where the products are delivered in instalments, then, unless expressly otherwise agreed at the time of placing the order, these instalments will be delivered within 30 days of placing the order.
6. PASSING OF OWNERSHIP AND RISK
6.1 Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.
6.2 Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.
7. YOUR LEGAL RIGHTS, REPAIRS AND REPLACEMENTS
7.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box at paragraph 9.2 for a summary of your key legal rights in relation to the product. Nothing in these conditions of sale will affect your legal rights.
7.2 Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
• up to 30 days: if your item is faulty, then you can get a refund.
• up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
7.3 Warranty for watches. All watches offered for sale on this website have the additional benefit of the Rado Ltd. International Warranty to be free from material or manufacturing defects for 24 months. The full warranty terms are in the International Warranty document provided with each watch. This warranty is in addition to and does not affect your legal rights.
7.4 Warranty claims may be made either with one of our authorized retailers or by returning the product to us. Warranty claims must be accompanied by a proof of purchase that verifies the date of purchase. Please note that for online sales, the International Warranty certificate provided with each watch does not act as proof of purchase. The following are acceptable as proof of purchase:
7.5 the original delivery note,
7.5.1 the order confirmation,
7.5.2 a bank or credit card statement.
7.5.3 If proof of purchase is unavailable, an item might still be treated as being under warranty based on the length of time that it has been available.
7.6 Any returns of products based on the contract between you and us should be sent, using the provided DHL Returns Label to the following address:
- Building 1000, The Royals Business Park
- Dockside Road
- E16 2QU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these conditions of sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
8.2.1 For death or personal injury caused by our negligence;
8.2.2 For defective products under the Consumer Protection Act 1987;
8.2.3 For fraud or fraudulent misrepresentation; or
8.2.4 For breach of your legal rights in relation to the products as summarised at paragraph 9.2.
8.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.1 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 or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent (which we will not unreasonably withhold). Save that you can transfer the Rado Ltd. International Warranty for watches, in accordance with its terms and upon notice to us, to any person to whom you transfer the watch. We may assign, subcontract or transfer any of our obligations or rights under the contract between you and us to a competent third party, in particular to other affiliates of The Swatch Group Ltd., in whole or in part, provided that the assignment, subcontract or transfer occurs without negatively affecting the provision of the products and your rights or remedies under this contract.
9.2 Severability. If any part of these conditions of sale or our contract shall be considered unlawful, void or for any reason unenforceable, then the remaining terms, conditions and provisions will continue to be valid and remain in full force and effect to the fullest extent permitted by law.
9.3 Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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 legal rights.
9.4 Notices. All notices given by you to us may be given to The Swatch Group (UK) Limited, Rado, Building 1000, The Royals Business Park, Dockside Road
London, E16 2QU or contact us. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11.3.
9.5 Events outside our control. If our supply of the products is delayed by an event outside of our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our reasonable control. If there is a risk of substantial delay, you may contact us to end the contract and receive a full refund for any products you have paid for but not received.
9.6 Waiver. If we do not insist immediately that you do anything you are required to do under a contract between you and us or any of these conditions of sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10. OUR RIGHT TO VARY THESE CONDITIONS OF SALE
10.1 We have the right to revise and amend these conditions of sale from time to time.
10.2 You will be subject to the policies and conditions of sale in force at the time that you order products from us, unless any change to those policies or these conditions of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
11. LAW AND JURISDICTION
11.1 Contracts for the purchase of products through this website shall be interpreted and governed in accordance with English law. The relevant courts of the United Kingdom shall have jurisdiction in respect of any dispute arising from contract between you and us and these conditions of sale.
11.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
12. INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL
12.1 Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product.
To exercise the right to cancel, you must inform us (The Swatch Group (UK) Limited, E-Commerce Rado, Building 1000, 2nd Floor East Wing, The Royals, Business Park, Dockside Road, GB-London E162QU, telephone: +44 345 899 1962. email: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Only new, unworn products, together with their warranty card and in their original packaging, may be returned. Returns of products of which the seal has been broken will not be accepted. The right to cancel does not apply to products which are tailor-made or clearly personalized.
12.2 Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss of value of any products supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any products supplied, or 14 days after the day you provide evidence that you have returned the products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products whichever is the earliest.
You shall send back the products (including gifts) to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the costs of returning the products if you use the provided return label for returns within the UK. Otherwise, you will have to bear the direct costs of returning the products.
You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.