Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING TO ACCEPT, YOU AGREE TO THESE TERMS AND CONDITIONS.
YOU MAY WISH TO PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
PART A: GENERAL TERMS
1. ABOUT US AND YOU
- 1.1. We are Charles Fish, which is the trading name of Fish Brothers Group Limited. We are a seller of new and pre-owned items including watches, jewellery, accessories and homeware. We are a limited company registered in England and Wales with company number 00081027, and our registered office is at 114 High Street, Walthamstow, London E17 7JY. Our registered VAT number is GB 248 1064 71. We will refer to ourselves in these terms and conditions as “Charles Fish” or as “we” (and through related words such as “us” and “our”).
- 1.2. You are the person buying goods from us. You may be a consumer customer or a trade customer. We will refer to you as “you” (and through related words such as “your”).
2. ABOUT THESE TERMS
- 2.1. What these terms cover. These are the terms and conditions on which we supply goods to you. However, some parts will be relevant only if you are a consumer, and some will be relevant only if you are buying from Charles Fish in a trade capacity. This is explained in clause 2.2 below.
2.2. Which sections apply? These terms apply as follows:
2.2.1. Part A applies to everyone, regardless of status;
2.2.2. Part B applies only if you are a consumer purchaser;
2.2.3. Part C applies only if you are a trade purchaser.
2.3. Why you should read these terms. These terms tell you:
2.3.1. who we are;
2.3.2. how we will provide products to you;
2.3.3. how you and we may change or end the contract; and
2.3.4. what to do if there is a problem, along with other important information.
3. HOW TO CONTACT US
3.1. How to contact us. You can contact us:
3.1.1. by email at firstname.lastname@example.org.
3.1.2. by telephoning or us on 0208 509 4884 (lines open 9.30 a.m. to 5.30 p.m., Monday to Friday excluding bank holidays and public holidays in England); or
3.1.3. by visiting one of our stores.
- 3.2. How we may contact you. If we need to contact you, we will do so by email or by telephone using the details you have provided in your order.
- 3.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. PLACING AND CONFIRMING ORDERS
- 4.1. When is your order made? Your order is an offer to us, which we are entitled to accept or reject. You make an offer when you click to confirm your order – therefore, please check your order carefully before confirming.
- 4.2. When is your order accepted? Our acknowledgment of that order is merely a confirmation that your offer has been received: at that stage, no contract exists. It is only if and when we later confirm acceptance in writing that a contract is formed between us for the provision of goods.
- 4.3. If we do not accept your order. If we do not accept your order, we will let you know, and we will not charge you. The reasons for not accepting can vary, including lack of stock, payment failures, pricing mistakes, and any issues relating to identification (see below).
- 4.4. Your order number. If we assign a number to your order, it will help us if you can tell us the order number whenever you contact us about your order.
5. OUR PRODUCTS
5.1. General description of products. We provide a general description of each product, outlining matters such as its type, make and model (if applicable), colour, weight and measurements. Please note that:
5.1.1. while we seek to give accurate weights and measurements, this is subject to a reasonable tolerance of plus or minus 10%;
5.1.2. websites and devices are capable of distorting images. We cannot guarantee that a particular device will display colours in a way that accurately reflects the true colour of the product.
- 5.2. Pre-owned products (general). Some products that we sell are pre-owned: we make this clear at the time. Inherently, therefore, those items will differ in condition from those bought new, and may show signs of wear. We do, however, aim to give you clear information so that you can understand the likely condition and make an informed decision. For example, we polish pre-owned jewellery, but we do not edit photographs: therefore, any imperfections should be evident.
5.3. Pre-owned watches. With pre-owned watches, we provide an overall grading of the condition of the product, which will be one of the following:
5.3.1. 0 (new/unworn): this means the item is essentially as new;
5.3.2. 1 (mint): the item is in excellent condition, given its age. It may show some minor scuffs, but it is otherwise a well-kept piece;
5.3.3. 2 (fair): the item is in good condition, given its age;
5.3.4. 3 (fine): the item shows wear and tear consistent with the age and type of piece;
5.3.5. 4 (poor): the item is either badly scratched or damaged, which affects its value even bearing in mind that it is a pre-owned piece. However, it is still functionally usable;
5.3.6. 5 (scrap): the item is damaged to the point where it is no longer functionally usable.
- 5.4. Detailed description of condition. We may give a more detailed description of the condition of the item, drawing attention to any specific imperfections and any remedial work that has been done to restore the item. We may also provide photographic evidence of imperfections that we believe you should be aware of before you make up your mind to place an order. We are also willing to discuss condition with you by phone or email, to help you make up your mind.
6. PRICES AND PAYMENT
- 6.1. The price for the product. The price of the product will be the price indicated when you place your order, subject to the points below. All prices are stated inclusively of VAT.
- 6.2. What happens if we get the price wrong? It is always possible that, despite our best efforts, a product may be incorrectly priced. If so, we will correct the error as soon as we become aware of it and will contact you to see if you are still willing to proceed (on the basis of the corrected price) before we accept your order. If we had already accepted your order at a time where a pricing error was obvious and could reasonably have been recognised by you as such, we may end the contract, refund you any sums you have paid, and require the return of any goods provided to you.
- 6.3. When and how you must pay. We accept payment by several types of credit or debit card, by Apple Pay, by PayPal, or (subject to acceptance) on financing terms. You must pay for the item before we send it.
- 6.4. Discount codes. These codes may only be used against full-priced items, and they may not be used against any pre-owned watches, pre-owned jewellery, or diamonds, unless we specifically state otherwise. Discount and subscription codes cannot be used on already discounted items or items showing a specific “online price”. They may not be applied in-store unless we specifically state otherwise.
7.1. General. If your order is accepted, there are three possibilities for delivery/collection:
7.1.1. delivery to you;
7.1.3. required collection.
- 7.2. Delivery to you. Many things can be delivered to you directly. If this is agreed between us, it will work as follows:
DELIVERY IN THE UK
Cost of your order (excluding delivery)
Delivery cost (see note (i))
Approximate delivery time
Standard = £2.99
Next day = £7.99
Standard = up to 5 working days from the date of dispatch
Next day = next working day, provided that your order is accepted by us by 2.00 p.m. on a working day
(“working day” means Mon-Fri, excluding bank and public holidays)
£50.00 or above
Standard = FREE
Next day = £7.99
Standard = up to 5 working days from the date of dispatch
Next day = next working day, provided that your order is accepted by us by 2.00 p.m. on a working day
(i) High-value goods: we may require a more secure and expensive delivery format if the goods are of high value and we do not require collection – the costs would be agreed with you prior to order.
We will confirm the cost of overseas delivery prior to accepting your order.
(ii) Deliveries will generally require a signature.
(iii) We will deliver to you as soon as practicable, generally within 30 days of the day after we accept your order (and often much sooner). However, in some circumstances – for example, where you order customised goods – it may take longer, and we will keep you informed.
(iii) If no one is available at your address to take delivery, you may still be charged for delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract (see clause 9.2).
- 7.3. Click-and-collect. If you choose this option, you will be able to collect from a store. You will be required to supply satisfactory identification at the time of collection in order to be able to collect the product.
- 7.4. Required collection. Sometimes, especially with high-value items, we may make it a condition of accepting your offer that you collect your product in person from us. This is likely to be because we do not wish to send an item of such high value via courier. We will confirm this with you before accepting your offer. If you do not, or will not, collect despite having agreed to do so, we may end the contract. You will be required to supply satisfactory identification at the time of collection in order to be able to collect the product.
- 7.5. We are not responsible for delays outside our control. If our supply of products is delayed by an event or circumstances outside our control, 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 we do this, we will not be liable for delays caused by the event or circumstances, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8. TRANSFER OF RISK AND OWNERSHIP IN A PRODUCT
- 8.1. When you become responsible for the item. An item will be your responsibility (and therefore at your own risk) from the time we deliver it to the address you gave us or when you (or a person on your behalf) collect it from us.
- 8.2. When you own the item. For confirmed orders, you own a product once we have taken payment in full.
- 8.3. We may suspend supply if you do not pay. If you do not pay us for an item when required, we may suspend supply. We will contact you to tell you we are suspending supply of the products.
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the contract if you break it. We may end the contract, in whole or in part, at any time by writing to you if:
9.1.1. you do not make payment to us by the reasonable timescales that we set;
9.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
9.1.3. you do not, within a reasonable time, allow us to deliver goods or do not collect them from us; or
9.1.4. you breach any law and we do not consider ourselves able to continue.
- 9.2. Compensation if we end the agreement. If we end the contract, in whole or in part, in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the contract. In the cases of bespoke or otherwise personalised goods, this is likely to include 100% of the value of the goods.
10. OUR RIGHTS TO MAKE CHANGES
We may change these terms from time to time, subject always to the preservation of your legal rights. Any such changes will have effect from the next time you make an order and accept these terms.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 11.1. We do not exclude or limit liability unlawfully. This includes liability in the unlikely event of death or personal injury caused by our negligence, and liability for fraud.
- 11.2. We are not liable for business losses. Whether you are a consumer or a business, we will have no liability to you for any loss of profit, loss of business, any business interruption, or loss of business opportunity.
12. YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
- 13.1. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is excluded to enable this.
- 13.2. If a court finds part of this agreement unlawful, the rest will continue in force. Each clause operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
- 13.3. Delays by you. If we do not insist immediately that you do anything you are required to do, or if we delay in taking steps against you in respect of your breach of this agreement, it does not release you from the breach, and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
PART B – CONSUMERS ONLY
14. IF THERE IS A PROBLEM WITH A PRODUCT
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Those products must be as described, fit for purpose and of satisfactory quality, taking into account their age and the description of them that we supply.
15. CANCELLATION RIGHTS
- 15.1. Summary. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract.
- 15.2. Faulty goods. You may be able to cancel in relation to faulty or misdescribed goods, or we may have a right to arrange a repair or replacement of goods. Please contact us to discuss if your goods are faulty or not what you requested.
15.3. Cancellation of goods prior to delivery. You may cancel a contract for any goods immediately if any of the following apply, in which case we will we refund you in full for goods not delivered that have been cancelled:
15.3.1. we have understated the price of the goods or made a material error in description, and you do not wish to proceed;
15.3.2. delivery is significantly delayed because of events outside our control;
15.3.3. we have suspended supply of the goods for a period of more than sixty days; or
15.3.4. you have a legal right to end the contract because of something we have done wrong.
15.4. 14-day cancellation of goods under the Consumer Contracts Regulations 2013. For items ordered online, you have a legal right to change your mind and to receive a refund at any time from the point at which you place your order and until 14 days after taking ownership of the goods in question. The item must be unworn, with the original tag(s) attached, and be returned in the same packaging. However, there are limits on this, including the following situations and items, for which the 14-day right does not exist:
15.4.1. on-premises contracts (i.e. where you purchase in-store);
15.4.2. contracts for bespoke (including personalised and one-off) goods; and
15.4.3. for hygiene reasons, any earrings that you have worn after you receive them, or any item that has had a hygiene tag or seal removed. If you wish to exercise your right, please return the unworn item, with the tag(s) attached, in the original packaging, in the manner set out in clause 15.6.
- 15.5. Our 28-day cancellation offer. As a further gesture to you, we offer the cancellation referred in clause 15.4 above for 28 days, rather than 14, subject to the same terms and limitations.
- 15.6. Letting us know about cancellation. Feel free to let us know in any reasonable way by phone, email or post. Let us know what you are cancelling. We have set out below a template form that we are required by law to give you, but you are not obliged to use it: we will accept any clear method.
FISH BROTHERS GROUP LIMITED
114 High Street, Walthamstow, London E17 7JY
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] = Delete as appropriate
- 15.7. How we will refund you. If you are entitled to cancel and you do so, we will refund you the price you paid. However, we may make deductions from the price to equate to a reduction in the value of the item caused by your improper handling or failure to take adequate care.
- 15.8. Delivery and return costs. Where you are entitled to cancel following delivery, we will refund any standard delivery charge for getting the item to you and will arrange a return with you. You are responsible for the safekeeping of an item until it gets back to us, and you must return it to us, with the original packaging and the tag(s) attached, using the recorded and tracked method that we request at the time (or we may agree to accept an in-store return from you). Where you exercise either your 14-day or your 28-day right to cancel, you will pay the standard cost of returning the item.
We are responsible to you for foreseeable loss and damage caused by us. If we breach this agreement, or fail to use reasonable skill and care, we are responsible for loss or damage that you suffer as a foreseeable result, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is obvious that it will happen or if, at the time our contract was made, you and we both knew it might happen – for example, if you highlighted it to us in advance and we agreed to accept your order.
17. APPLICABLE LAWS
This agreement is governed by English law and subject to the jurisdiction of the English courts. However, if you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
PART C – TRADE CUSTOMERS ONLY
- 18.1. No right of cancellation for convenience. The 14-day and 28-day cancellation rights under clauses 15.4 and 15.5 do not apply to your order.
18.2. Faulty goods:
18.2.1. if your goods are faulty on delivery or during a period of 30 days following delivery, we will (at our discretion) arrange a repair or replacement. Please contact us to discuss if your goods are faulty;
18.2.2. if your goods are not what you requested, we will (at our discretion) arrange a replacement or provide a refund.
18.3. Cancellation of goods for cause. You may cancel a contract for any goods immediately if any of the following apply, in which case we will we refund you in full for goods not delivered that have been cancelled:
18.3.1. we have understated the price of the goods or made a material error in description, and you do not wish to proceed;
18.3.2. delivery is significantly delayed because of events outside our control;
18.3.3. we have suspended supply of the goods for a period of more than ninety days; or
18.3.4. you have a legal right to end the contract because of something we have done wrong.
- 19.1. In addition to the payment methods stated in Part A, we may (but are not obliged to) agree to allow you to make payment by invoice on credit terms, which are generally no more than thirty days.
19.2. If you fail to make any payment by its due date, we are entitled, without limiting any other rights at common law, to:
19.2.1. charge interest on any overdue sum from the due date at the rate then in force under the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily until the date on which we receives payment together with all accrued interest; and/or
19.2.2. cancel the contract, in which case you must return all relevant products to us immediately at your own cost and risk.
- 19.3. Please advise us in advance if you require a VAT invoice.
20.1. Save where limitation is prohibited by law:
20.1.1. our liability to you is limited to the lower of (a) the actual cost of goods that you ordered from us and have paid for in the six months preceding the date on which liability was first incurred and (b) £10,000; and
20.1.2. we have no liability to you for indirect or consequential loss.
21. WARRANTY, EXCLUSION OF IMPLIED TERMS, ENTIRE AGREEMENT
- 21.1. We will supply products that are in conformity with this contract. They will be materially as described and of satisfactory quality, taking into account their age and the description of them that we supply.
- 21.2. Save as set out in these terms, all terms and warranties implied by law are, to the furthest extent possible, excluded from your contract with us.
- 21.3. These terms constitute the entire agreement between you and us. They supersede all previous agreements and arrangements and any pre-contractual representations between you and us relating to its subject matter.
- 21.4. You acknowledge that, in entering into this agreement, you have not relied on, and have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms.
22. GOVERNING LAW AND JURISDICTION
- 22.1. These terms, and any dispute or claim arising out of, or in connection with, them (including as to subject matter or formation, and including non-contractual disputes or claims), are governed by and must be construed in accordance with the law of England and Wales.
- 22.2. You and we irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these terms (including as to subject matter or formation, and including non-contractual disputes or claims).