Website Terms of sale
These terms of sale ("Terms of Sale") (together with the documents referred to in them) set out the terms and conditions that apply to any contract between Backes & Strauss Limited ("Backes & Strauss", "We", "Us", "Our") for the sale of our Products (as defined below) to you ("You", "Your") through http://www.backesandstrauss.com/ (our, or this, "Site").
Please read these Terms of Sale carefully and ensure that You understand them before You submit Your order to Us.
By ordering any Watch, Watch accessory, diamond, item of jewellery or any other or other products that We sell from time to time ("Products") from Us You agree to be bound by these Terms of Sale.
You should print a copy of these Terms of Sale for future reference.
Please note that references to defined terms in the singular include the plural and vice versa.
1 Updates to these Terms of Sale
We may make changes from time to time to these Terms of Sale so please check back regularly to keep informed of updates. Any new version of these Terms of Sale shall take effect immediately upon the date of posting and will govern any orders of Products made as from that date. Any changes to the Terms of Sale made after You have placed an order will not affect that order and Your relationship with Us, except as may be required by applicable law.
2 Eligibility
2.1 Only consumers (and not legal entities) who are eighteen years of age and who have legal capacity to enter into contracts may order Our Products.
2.2 By placing an order using the Site, You represent and warrant that You are a bona fide end-user customer purchasing for Your own or another’s personal use and will not deliver, sell or otherwise distribute Our Products or purchase Our Products or services for commercial purposes.
3 Bespoke Services
3.1 Bespoke services (e.g. a unique Watch) may be available on a selection of certain Products.
3.2 Orders for personalized Products cannot be cancelled and such Products that have been personalized in any way or otherwise made to Your bespoke specifications cannot be returned to Us for exchange or refund as described in these Terms of Sale. This does not affect Your consumer rights.
4 The Order Process
4.1 The order process on Our Site includes the following:
4.1.1 Shopping bag - once You have chosen a Product You may place this Product in Your shopping bag. You may then decide to continue shopping for other Products and add them to Your shopping bag (subject to availability and quantity limits). Placing an item in Your shopping bag does not guarantee availability for purchase.
4.1.2 Checkout - when You are ready, You then proceed to “Checkout”. You may also remove one or more Products You have selected from the shopping bag as part of the checkout process.
4.1.3 Delivery, review and payment - As part of the checkout process, You add and review Your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing Your order.
4.1.4 Placing of Your order - You then check the relevant box and place Your order.
5 Availability
All Products shown on Our Site are subject to availability. If We are unable to supply You with the Products (for example, because the Products are no longer in stock), We will let You know by telephone or by e-mail and We will cancel Your order. If You have already paid for the Product, We will refund You the full amount within five working days of cancellation.
6 Pre-Authorisation
6.1 When You submit Your order, We carry out a standard pre-authorisation check on Your payment card. Products will not be dispatched until this pre-authorisation check has been completed.
6.2 In the unlikely event that We encounter a problem when processing Your order, We will contact You explaining the problem and possibly requesting further information to try and resolve the problem.
6.3 If We are unable to contact You and You do not respond to Our e-mail in relation to the pricing error within 10 working days, We will treat the order as cancelled, notify You by e-mail and refund any sums already paid within 14 days of the date Your order is cancelled (unless We reasonably suspect a fraudulent card payment).
6.4 We reserve the right not to process Your order if, for example, the Products ordered has been withdrawn or are otherwise not available, or if We are unable to obtain authorisation from Your card issuer for the payment or if You do not meet the eligibility criteria (e.g. You are under 18).
7 Our Contract with You
7.1 When You submit an order, Your order represents an offer to Us to purchase the Products. This does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 6.3.
7.2 After You place Your Order will receive an acknowledgement email confirming Our receipt of Your order ("Order Confirmation"). This Order Confirmation email is only an acknowledgement for information purposes and it does not constitute acceptance of Your order. Upon receipt of the Order Confirmation it is Your responsibility to review it and confirm that it accurately reflects Your intended order. If You have any questions or concerns or if the Order Confirmation does not reflect Your intentions, You should contact [●].
7.3 Once We have verified Your payment details if We accept Your order, We will confirm Our acceptance by sending You an e-mail accepting Your order which will include a description of the Products included in the order ("Order Acceptance").
7.4 The contract between Us will only be formed when We send You the Order Acceptance. Any Products forming part of the same order which We have not confirmed in the Order Confirmation do not form part of that contract.
7.5 Only Products listed in the Order Acceptance are included in the contract between You and Backes & Strauss. If We are unable to supply You with the Products You ordered, for whatever reason such as an error in the price on the Site, We will promptly inform You of this by email, will not process Your order and issue full refund as soon as possible.
7.6 We reserve the right, in Our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, We may refuse, terminate or cancel Your order if there is an ongoing dispute concerning payment of a prior order or if We suspect, in Our sole discretion, that You have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Terms of Sale.
8 The Products
8.1 The images of Our Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
8.2 The packaging of each Product may vary from that shown in images on Our Site.
8.3 We try to ensure that the information, including Product descriptions, dimensions, and colours, provided on the Site, are accurate and complete. However, We make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. In particular, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly.
8.4 Where Your order includes a watch ("Watch"), You should be aware that Watches are not water resistant or water proof.
9 Price and payment
9.1 The price of the Products will be the price indicated on the order pages when You place Your order. We take all reasonable care to ensure that the price of the Product advised to You is correct. However please see clause 8.5 for what happens if We discover an error in the price of the Product.
9.2 The prices quoted on Our Site are in Pounds Sterling and any refunds will only be issued by Us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if You are based outside England, Wales, Scotland and Northern Ireland (the "UK").
9.3 If you are viewing the Site from the UK or a country in the EU, the prices quoted on Our Site include shipping and VAT at the prevailing rate. If the rate of VAT changes between the date of Your order and the date of dispatch, We will adjust the rate of VAT that You pay, unless You have already paid for the Product in full before the change in the rate of VAT takes effect.
9.4 The price of the Products includes delivery costs. Our delivery charges will be notified to You during the order process and will be added to total amount due and shown in the order summary page of Our Site before You place Your order.
9.5 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before We dispatch the Products so that where the Product's correct price is less than the price stated on Our Site or in Your order, We will charge the lower amount. If the Product's correct price is higher than the price stated on Our Site, or in Your Order, We will contact You as soon as possible to inform You of this error and We will give You the option of either continuing with Your order for the Products at the correct price or cancelling Your order. We will not process Your order until We have Your instructions.
9.6 You must pay the full price for Products, which We will charge You using the details You entered upon checkout.
10 Delivery
10.1 Within the UK, We will use reasonable efforts to ensure delivery within the estimated delivery lead time from the date of Our written Order Confirmation and in any event within thirty (30) days after that date, except if Your purchase relates to a Product or service that We have explained to You will take additional time to deliver, for example in the case of Products or services that We personalize or produce to Your specifications.
10.2 If You are based outside of the UK, We will contact You with an estimated delivery date. All dates quoted by Us for dispatch and delivery of the Products outside of the UK, though given in good faith, are estimates only and in exceptional circumstances delivery may take up to 2 months from acceptance of Your order. Deliveries outside the European Union may take longer
10.3 If delivery of Products is delayed by an event outside Our control (meaning any act or event beyond Our reasonable control) ("Events Outside Our Control"), We will inform You as soon as possible and will use reasonable efforts to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by such event, but if there is a risk of substantial delay You may contact Us to end the contract. You will receive a refund for any Product You have paid for but not received.
10.4 We cannot deliver Products to the following countries (the "Excluded Countries"): Afghanistan; Angola; Cuba; Ethiopia; Iran; Iraq; Liberia; Libya; Nicaragua; North Korea; Rwanda; Sierra Leone; Somalia; Sudan; Syria; Uganda; Zimbabwe; and countries comprised by the former territories of USSR or the Federal Republic of Yugoslavia and/or the Republic of Serbia. If You would like the Products to be delivered to any of the Excluded Countries, please contact customer services to discuss Your options before placing an order
10.5 Delivery charges will be shown in the order summary page of Our Site.
10.6 Deliveries within and outside the UK are made using the Ferrari Group or similar courier provider. We will not be liable for any delay in delivery of the Product that is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions.
10.7 We will require a handwritten or electronic signature by You, or another person at the nominated delivery address (unless arranged by You otherwise), to confirm the delivery of each Product, at which point risk and responsibility for Your purchased Product passes to You.
10.8 If You have specified a recipient who is not You for delivery purposes (for example, as a gift), then You understand and accept that evidence of a signature by such recipient (or another person at the delivery address) is evidence of delivery and fulfilment of the sales contract by Us and transfer of responsibility to You in the same way as if the Product had been delivered to You personally.
10.9 We reserve the right to deliver Products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request an ID check for verification purposes at the time of delivery for certain categories of Products.
10.10 Alternatively Products may be collected from Our offices but by appointment only for security reasons. You acknowledge that We will not be liable for losses You incur including travel costs if You travel without making an appointment in advance.
10.11 Delivery of the Products will be completed when We deliver the Products to the address given in Your order or when the Products are collected from Our offices (by You or Your representative).
11 Customs
If You are based outside the UK, You may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which You are receiving the Products. Any additional charges for customs clearance must be borne by You; We have no control over these charges and cannot predict what they may be. If You are unsure about whether these charges might apply to Your order, You should contact Your local tax or customs office for further information.
12 Manufacturer Warranty
12.1 Our Products are sold with a two year warranty. The warranty will be provided with Your Product. Please take the time to read and understand these terms.
12.2 If you are a consumer in the UK, a manufacturer's warranty is in addition to Your legal rights in relation to Products that are Faulty or not as described. Advice about Your legal rights is available from the Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).
12.3 If You have a valid claim against Your warranty, please return Your Product in accordance with clause 13.
13 Cancelling Your contract
13.1 Except in relation to bespoke and personalised items, You have the right to cancel Your order within 14 days without giving any reason.
13.2 The cancellation period will expire 14 days from the day after the day on which You (or someone You nominate, other than a carrier) receives the Product.
13.3 To exercise the right to cancel, You must inform Us by email to: [●] or by post to [●]. Alternatively You may fill out Our model cancelation form (found here [Note: insert link]) and send it to Us by post or as an attachment to an email to the address and email address in this clause 12.4
13.4 If We have sent a Product to You and You have cancelled Your contract, the Product must be returned in accordance in accordance with clause 13.
13.5 If You cancel Your contract in accordance with this clause 12 We will issue You with a full refund on receipt of the returned Products in the condition in which they were purchased, including the basic courier delivery cost of getting the Products to Your country. . We will make reimbursement without undue delay, and not later than: (i) 14 days after the day We receive back from You any of the Products supplied; or (ii) if no Products were supplied, 14 days after the day on which We are informed about Your cancellation. We will make reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
14 Returns and exchanges
14.1 Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition.
14.2 Our Products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Backes & Strauss box and delivery package, including all accessories and documents. For example, Watches that have been adjusted at Your request must be returned with the exact same number of links as in the original delivery package. We reserve Our right not to accept any return if the Product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. All returns will be subject to strict quality control by Us to ensure that the returned Products satisfy these requirements. If the Products do not meet these standards, We will refuse the return, and the Products will be returned to You. If the returned Product satisfies the quality control standards, We will proceed with the applicable refund or exchange.
14.3 Due to the high value of Our Products, they must be returned by hand to Backes & Strauss 21-22 Grosvenor Street, Mayfair London W1K 4QJ or via Our courier service. For those customers returning Products, Faulty or otherwise, via Our courier service, You are required to follow the following steps:
14.3.1 contact Our [Customer Service Team] by calling [●] (+044 [●] from overseas) in order to arrange for Our authorised courier to collect Your Products;
14.3.2 On the nominated collection date Our authorised courier shall collect Products from You and will ask for You to sign and confirm that the Products have been successfully collected.
14.4 Unless You are returning a Product because it is Faulty (as defined below), the cost of returning a Product via Our courier service will be £[●], which will be borne by You. This will be deducted from any amount that We refund in accordance with clause 13.6. Alternatively, if the item is exchanged You will be required to pay the fee of (£[●]) before We send You Your replacement Product.
14.5 Return packaging will be Your responsibility and You must follow Our reasonable instructions. You must ensure that You pack the Products appropriately to prevent damage during transit.
14.6 You may return a Product provided that the return complies, in particular with this clause 13, with these Terms of Sale. If the return complies with these Terms of Sale, We will refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within fourteen (14) days after Our receipt of the Product returned in accordance with this clause 13.
14.7 You may exchange a Product for another Backes & Strauss Product. Should a Product be returned for exchange with a less expensive Product, only the buyer of the returned Product will be entitled to receive a refund of the price difference. If a Product is returned for exchange with a more expensive Product, You will have to pay the price difference.
15 Faulty Products
15.1 We are under a legal duty to ensure that the Products correspond with their description and are of satisfactory quality and fit for purpose.
15.2 You must inspect the Products as soon as reasonably practicable after delivery and You must inform Us promptly, by calling Our [Customer Service Team] by calling [●] (+044 [●] from overseas), if the Product is faulty or not as described ("Faulty") upon delivery or if You discover faults later.
15.3 You must return any Faulty Products in accordance with clause 13.3. Clause 13.4 will not apply to Faulty Products, We will bear the cost of Our courier service.
15.4 On confirmation by Us following inspection and/or testing that the Products were Faulty on delivery and provided You were not made aware of the relevant fault at the time of purchase of the relevant Product, You will be entitled to the following remedies:
15.4.1 You may ask for a refund to be paid to You in accordance with clause 13.5;
15.4.2 You may ask Us to exchange the Product in accordance with clause 13.6;
15.4.3 You may ask Us to replace the Product. Where a replacement is unavailable, We reserve the right to try and repair the Product. If We are unable to do so We will issue a refund in accordance with clause 13.5.
16 Our right to cancel
16.1 We may have to cancel an order before the Products are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact You as soon as possible if this happens.
16.2 If We have to cancel an order and You have made any payment in advance for Products that have not been delivered to You, We will refund these amounts to You within 14 working days (unless We reasonably suspect a fraudulent card payment, in which case see clause [●]).
17 Our Liability
17.1 We only supply Our Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.2 Subject to clause 16.3, We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by Us to comply with these Terms of Sale.
17.3 Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 16.2 may not apply to You, provided always that We will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both You and Us when We entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into the contract.
17.4 Subject to clause 16.5 Our total liability to You in respect of all losses arising under or in connection with the sale of the Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Products by You.
17.5 Nothing in these terms shall limit or exclude Our liability for any liability for which it would be unlawful for Us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by Our negligence; (b) Our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non-conforming digital content); sections 17 and 41 (trader right to supply); section 28 (delivery) and section 29 (passing of risk)).
18 Fraud
If We reasonably suspect a fraudulent payment by debit or credit card, then We will not dispatch any Product and We will not carry out any refunds until authorised by Our bank.
19 How We may use Your personal information
Our Privacy and Cookie Policies [insert links] set out how We will use personal information, which We will always do in accordance with data protection legislation. Please read them carefully.
20 Other important terms
20.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these Terms of Sale to another organisation.
20.2 You need Our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if We agree to this in writing.
20.3 Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
20.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms 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.
20.6 Which laws apply to this contract and where You may bring legal proceedings. These Terms of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts.
20.7 As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these terms and conditions, including this clause 19.7 affects Your rights as a consumer to rely on such mandatory provisions of local law.