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David Mason London - Terms & Conditions

Terms & Conditions

 

Introduction

Please read these conditions carefully before placing an order with David Mason London Limited t/a David Mason Watches or David Mason London. By placing an order with David Mason London Limited you confirm your agreement to be bound by these terms and conditions.

These terms and conditions apply to the use of the www.davidmasonlondon.com, www.davidmasonlondon.co.uk and the www.davidmasonwatches.co.uk websites. David Mason London Limited (‘David Mason London’, ‘David Mason Watches’, ‘David Mason’, ‘we’, ‘us’ or ‘our’) provide the services available on these websites. By using any part of these websites, completing our customer registration form, and/or placing an order, and/ or requesting a catalogue or entering a competition, giveaway or prize draw on any of the above listed websites you agree to be bound by these terms and conditions.

For clarity these terms and conditions can potentially change at any time, and it is for you to check the terms and conditions regularly before ordering any products or other services in case there have been any changes. If you do not agree with the terms and conditions set out below in full, you should not use or access any of these websites.

If you make a purchase through our websites and online store you are required to read, understand and adhere to our terms and conditions, if you purchase any item from David Mason London Limited you accept that you are bound by these terms and conditions.

If you have any questions or queries in relation to our terms and conditions, please contact our customer services team at cs@davidmasonlondon.com

 

Conditions of Sale

These Conditions of Sale form part of our Terms & Conditions and govern the sale of products by David Mason London Limited to you. ‘David Mason London’, ‘David Mason Watches’ and/or ‘David Mason’ are trading names of David Mason London Limited.

We offer a wide range of wrist watch related Goods and Services, and sometimes additional terms may apply to specific products. This will be clear before purchase.

 

Eligibility

To be eligible to purchase goods or services on our websites or to lawfully enter into and form contacts on our websites you must:

a)     Register to use the website.

b)     Be over the age of 18 years

c)       Be the holder of a valid debit/credit card or PayPal account.

d)     You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use.

You agree and warrant that the personal information which you are required to provide on the websites or by phone is true, accurate and current in all respects. If your personal details or information changes then please notify us immediately by contacting customer services by email at cs@davidmasonlondon.com

 

Website Age Limitations

If you are under eighteen years of age you are not able to place an order or register to receive a catalogue or newsletter.

If you are under the age of eighteen, you may only use this site with the exception of the above processes with the agreement of, and under the supervision of, a parent or guardian.

 

Your Responsibility as a User/Customer

You agree that if you break any of these terms and conditions, or any liabilities incurred arising out of your use of these websites, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees(if applicable).

You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.

 

Customer Information

You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately and proceed to change your login details.

As stated above our websites are only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended for use or consumption by children.

We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

 

Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

 

The Contract

Your contact for purchases made through the www.davidmasonlondon.com, www.davidmasonlondon.co.uk and the www.davidmasonwatches.co.uk websites or via telephone or in writing is with David Mason London Limited and you undertake that all goods ordered by you are for your own private and domestic use and are not for resale.

Your order is an offer to David Mason London Limited to buy the product(s) in your order. When you place an order to purchase a product from David Mason London Limited, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail").

The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we have dispatched the product to you (the "Dispatch Confirmation E-mail").

If your order is dispatched in more than one package, you may receive separate Dispatch Confirmation E-mails for separate packages. In this instance each Dispatch Confirmation E-mail and corresponding dispatch will represent and conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with David Mason London Limited without affecting your right of withdrawal set out below in these terms & conditions, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

For more information about your other statutory rights, please visit Advice guide, a Citizens Advice web site at http://www.adviceguide.org.uk/

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

 

Product Information

While we work to ensure that the product information on our website(s) is correct, actual product packaging and materials may contain more and different information to that displayed on our website(s). We would like to point out that all the information provided about the products is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website(s). Please ensure you always read all the labels, warnings and directions provided with the product before use, including the instruction manual (if provided).

David Mason London accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

 

Pricing and Availability

All prices indicated for products and services available via our websites are inclusive of VAT at the current rates and are stated in £ GBP Sterling. There is an option on www.davidmasonlondon.com to display the prices in both € Euros or $ USD Dollars and these are converted at the prevailing rates as per a third party exchange rate system. All the stated prices are exclusive of delivery charges.

The total cost of your order is the price of the products and services ordered (less any promotional discount, if applicable) and the delivery charges as set out in the Delivery Position section of this website.

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

We reserve the right to alter any or all product pricing without notice.

Where the order is for a delivery address outside the European Community (EC) as such VAT will not apply. We do still reserve the right to apply VAT on orders that have a delivery address within the European Community (EC) at the time of despatch.

All orders received by us are dispatched subject to availability. We list availability information for products sold by us on the websites. On occasion this may be erroneous. Beyond what is stated on the websites David Mason London cannot be more specific about availability.

As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

 

Promotions, Codes and Other Offers

We may, from time to time, as part of a promotion or for other reasons, publish offer codes, promotions or other such discounts. For example, money off certain products, percentage discount on your entire order etc.

Unless specified, these offers and codes will solely relate to the subject of a particular promotion and are not available to be used in conjunction with any other offer, price reduction or in respect of sale or clearance merchandise and will not apply to postage and packaging charges.

The offers and codes will only be valid from the specified start date to the end date. No offers or codes will be valid for retrospective use.

 

Delivery & Customs Duty

We will deliver goods in accordance with the delivery option selected by you during the order process. We do not deliver to PO Boxes. The delivery period stated within which you receive your order is approximate.

We try to maintain excellent stock levels but sometimes demand takes us by surprise and products become unavailable. If this is the case we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products and can place them on backorder whereby we will keep you informed of availability.

Products will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock. We will contact you to give you the option of receiving in instalments or waiting for the complete order.

When ordering products from David Mason London for delivery outside of the UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.

Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, we recommend you contact your local customs office for further information. International shipments may, from time to time, also be subject to cross border inspections by customs authorities.

Please note that unless otherwise stated, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or a full refund.

For our full Delivery Policy and Rates see our Delivery Position on this website.

 

Legal Title

The legal title to the goods and the risk in the goods will pass to you on delivery of the goods.

Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

 

Cancellation Rights, Returns and Refunds

Please review our Full Returns Policy which applies to products sold by David Mason London Limited.

In addition to your David Mason London 14 day money back guarantee, customers in the European Union are entitled to a statutory withdrawal right of seven business days Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase.

Details of this statutory right and an explanation of how to exercise it are provided in the Full Returns Policy. There is no right of cancellation, refund or return under the Consumer Protection (Distance Selling) Regulations 2000 once you have used the product, unless the product is defective and you are returning it for this reason.

We also provide a David Mason 12 month parts and labour guarantee, once again full details can be found in our Full Returns Policy and again this is over and above your statutory rights.

 

Payment Methods

We accept most major credit/debit cards. Namely - Visa, MasterCard, American Express, Delta and Maestro via Paypal. To use Paypal Checkout services via David Mason London websites you do NOT require a Paypal account, We use Paypal as a payment processor for your added security and peace of mind.

All credit and debit cards are subject to validation checks and authorisation by the card issuer, along with Paypal’s own terms and conditions. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

You confirm that the credit or debit card or PayPal account that is being used is yours.

Payment for all Goods must be made in advance by credit or debit card. Payment must have been received and have cleared before Goods will be shipped. Therefore, we will charge your debit or credit card before we dispatch your order.

 

Competitions, Giveaways, Prize Draws & Prizes

These rules apply to all prize promotions including free draws and prize competitions and instant win offers (the "Competition/s").

From time to time we run Competitions on our websites, via mailings, emails or at external events e.g. watch exhibitions and events, trade and consumer shows or via our catalogue. If any of these competitions are subject to additional terms these will be made available at the time.

Competitions are only open to UK residents aged 18 and over.

Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.

We will provide the prize, as specified, to the winning entrant. In the unlikely event the item is not available we reserve the right to substitute any prize for another prize of equal value.

NO PURCHASE NECESSARY to enter the Competitions unless otherwise stated on the promotional activity with a specific competition.

By entering the Competitions, the entrant agrees to the terms of our Privacy Policy.

By entering a Competition, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the Competition.

Only one entry per person is permitted. Spammers and entries received by bulk will be disqualified. We do not accept responsibility for lost, lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically deemed as proof of receipt.

Competition winners will be randomly selected from the entries received unless stated otherwise in the promotional material which accompanies a Competition. Entries in the incorrect format or submitted by bulk competition entry organisations on an entrants behalf will not be considered and cannot be returned.

Winners will be notified by email or telephone no later than 7 days after the draw, unless otherwise specified. Winners have 7 days to respond in full to the notification email or call, if no reply is received another winner will be drawn and the prize forfeited.

By entering the Competition, the winner(s) consent to any publicity generated as a result of the Competition. We will consult with the winner in advance of his/her details being made available to outside agencies.

Competitions are open to all residents of the UK over the age of 18 years with the exception of current and past employees, directors or shareholders of David Mason London Limited and any associated companies or businesses. This exception also extends to their immediate families along with those of any marketing agency and anyone else who may have been used by us in the creation and administration of the competition.

The decision of the directors of David Mason London Limited is final and no correspondence will be entered into. Odds of winning a specific competition depend on the number of eligible entries received.

The Competitions are conducted by David Mason London Limited, unless otherwise specified.

Details of any winners can be obtained by contacting us by post or email at competitions@davidmasonlondon.com and specifying the name of the competition, within
21 days of the competitions closing date.

We shall be permitted to exclude any entrant at any time at our sole discretion.

 

Licence

We grant you a licence to access the content, information and services contained within our website for personal use only.

This licence allows you to download and cache (using your browser) individual pages from our website.

This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

Our website cannot be placed within the frame-set of another site.

Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

 

User Generated Content

David Mason London Limited is not responsible for any material submitted to the public areas by you the user where the facility exists you may provide reviews or public feedback on the website(s) of products purchased by you, also known as user-generated content. Other user generated content may include but is not limited to bulletin boards, hosted pages, chat rooms, blogs or any other public area found on the website(s).

Where the facility exists such user generated content can be provided in different formats and mediums; text, audio, video and still photographs.

As part of providing this content to us you agree to grant David Mason London and its partners and/or affiliates a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed along with any of the following

David Mason London Limited reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to;

 -    defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties 

 -    publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information

 -    post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network

 -    violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of Schofield Watch Company or any other third party

 -    submit contents containing marketing or promotional material which is intended to solicit business.

 

David Mason London Limited reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

However, we shall not assume any responsibility for auditing or monitoring any user generated content and you the user hereby indemnify David Mason London Limited against any loss, liability, damage or expense of whatever nature which David Mason London or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

Any complaints about such content by rights holders or any user or visitor to our website should be made to comments@davidmasonlondon.com

 

Third Party Information

David Mason London Limited cannot be held responsible for material held on third party websites or any other written material. The only prices that apply for David Mason London Limited products are those stated our material and our own website(s).

We cannot vouch for or adhere to the reliability of prices stated on other websites including shopping directories, voucher sites or, otherwise, through any other third party material.

 

Intellectual Property Rights and Trademarks

‘David Mason London’ is a registered trademark of David Mason London limited

Certain other trademarks, trade names, services marks and logos used or displayed on our website(s) are registered or unregistered trademarks, trade names and service marks of David Mason London Limited.

Other trademarks, trade names and service marks used and displayed on this website and other David Mason London Limited websites are the registered trademarks, trade names and service marks of their respective owners.

Nothing contained on this website grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, services marks or logos displayed on this website without our written permission or the written permission of such third party owner.

 

Copyright

All rights including without limitation copyright, designs, pictures, logos, photography, text and trademark rights, in the content of the www.davidmasonlondon.com www.davidmasonlondon.co.uk and the www.davidmasonwatches.co.uk websites are owned and controlled by David Mason London Limited.

In accessing the www.davidmasonlondon.com, www.davidmasonlondon.co.uk and the www.davidmasonwatches.co.uk websites and web pages, you agree that you may only download the content or your own individual and non-commercial use.

You are not permitted to copy, broadcast, store (in any medium), transmit, show or play in public, adapt or change in any way the content of any of the aforementioned websites web pages for any purpose whatsoever without the prior written consent of David Mason London Limited.

 

Liability

We make no warranty that any David Mason London Limitedwebsite will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected, or that either site or the server that makes it available are free from viruses or bugs or represents the full functionality, accuracy, reliability of either website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted though either website.

David Mason London Limited, its associates, partners and/or affiliates shall not be responsible for losses that result from our failure to comply with these Terms including, and will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions forbut not limited to, losses that fall into the following categories:

(a)              Losses that were not caused by any breach on our part, or

(b)              Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or

(c)               Any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

(d)              All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

(e)              All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded

(f)                Any economic losses (including without limitation loss of revenues, profits, contracts, business or Anticipated savings)

(g)              Any loss of goodwill or reputation

(h)             Loss of ability to obtain chosen limited edition production number incl. loss of ability to obtain limited edition model watch for any specific production run

(i)                Any waste of time.

(j)                Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms and conditions

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

However, this clause shall not prevent claims for foreseeable loss of, or damage to, your physical property. Our total liability for any claim howsoever arising shall not exceed the purchase price for the goods supplied by us to the customer, together with any postage costs incurred.

We shall not be liable for any injury (other than death or personal injury) damage or loss, including consequential customer loss whether this arises from a breach of duty of contract or in any other way. David Mason London Limited cannot accept any liability for a failure to comply with a specific instruction contained in the catalogue or this website(s). Customer’s statutory rights are not affected by this statement.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Along with the above this condition does not include or limit in any way our liability for

(a)              any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(b)              losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(c)               any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any of the materials, from this website.

In no event will we, our respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages(including without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of this website, any websites linked to this website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.

 

Applicable Law

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

Amendments to the Terms and Conditions

We reserve the right to make changes to our website, policies, and terms and conditions, including these at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

 

Waiver

Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Indemnity

By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

 

Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

 

Severability

The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

Third Parties

These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

 

Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between you and us.

 

Contact Details

David Mason London Limited

53 Cambridge Road

Little Abington

Cambridgeshire

CB21 6BL

 

Customer Services Tel:             +44 (0) 1223 967 796

Customer Services Fax:            +44 (0) 203 397 7947

Customer Services Email:       cs@davidmasonlondon.com