Local Kettle Brothers LTD Terms of Use 2024 ©

Please read and understand these terms and conditions before placing an order with us. If you do not understand or accept any term, please discuss it with our admin team before placing your order. If our admin team is unavailable, contact our Customer Services team by phone at (+44) 20 3336 5303 or by email at [email protected]. 

By ordering any of our goods, you agree to be bound by these terms and conditions. You should print a copy for future reference. These terms and conditions apply only to our “consumer” customers. If you are a “business” customer, please ask a member of our Sales team for the applicable terms and conditions. 

Please review Clauses 14 and 15, as they include important limitations on and exclusions of our liability.

The general platform terms and conditions can be downloaded and printed in the current version at: https://lkbjewellers.com/terms-and-conditions/

Jurisdictions 

As a consumer, nothing in these Terms will affect your legal rights These Terms and Conditions are subject to UK law without, however, having the effect of depriving you of the level of protection provided by the provisions of the mandatory laws of the country of residence. Failing amicable agreement, the UK courts have territorial jurisdiction to rule over any dispute relating to the website.

Here’s the revised text in the context of Local Kettle Brothers LTD in London Hatton Garden.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, if you are a U.S.,EU or international -based purchaser and bring a claim arising out of a transaction with Local Kettle Brothers UK in a U.S. , EU or international court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

VARIATION

 No variation of this agreement shall be effective unless it is in writing and signed by all parties (or their authorised representatives).

Events Beyond Our Control

We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events beyond our reasonable control, including but not limited to Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial disputes (not involving employees of Local Kettle Brothers UK), or acts of local or central government or other competent authorities. This disclaimer does not affect your statutory rights.

 

PRICE AND PAYMENT

 

  1. The prices quoted by us and all payments made by us will be in Pounds Sterling (GBP). The price quoted will be net; please refer to the VAT margin scheme for further details. We do not offer refunds unless the order is cancelled. You are responsible for any exchange rate fluctuations that may affect refunds.

 

  1. Payment will be made to the bank account provided by you. If you are part-exchanging your watch for a new one from the Purchasing Agent, you will receive a merchandise credit [part exchange code], which will be deducted from the purchase price of the new watch. Acceptance of the merchandise credit constitutes full and final consideration for the sale of your watch to us. You are responsible for the accuracy of your bank account details. We will not be liable for any losses due to inaccurate bank details.

 

  1. Payment will be processed via Banks Automated Clearance System (BACS) transfer, and cleared funds may take approximately 7 Working Days to arrive after payment becomes due. We are not liable for delays that are unavoidable. We reserve the right to use alternative payment methods where reasonable. You are responsible for ensuring the accuracy of all bank details provided.

 

  1. Payments to third parties nominated by you are generally not acceptable. International sellers may be subject to additional bank charges.

 

  1. In the event that we discover the watch is counterfeit, lost, stolen, or damaged, or if you breach any of your contractual obligations under “Your Undertakings” or elsewhere, we reserve the right to rescind the contract(s). If exercised, we will notify you promptly by telephone and/or email. In such cases, payment will not be due. If payment has already been made, or if you have utilised a merchandise credit from the Purchasing Agent, you must refund us the full purchase price paid within 7 days of notification. If the transaction involved a part-exchange, please refer to “Part-Exchanges” below.

 

  1. Any outstanding amounts owed to us, including agreed servicing costs, will be deducted from any payment due to you.

 

  1. The quoted price excludes import duties, taxes, and other fees (see “Customs” below).

 

  1. You agree to pay all amounts due under these terms and conditions in full without deduction or withholding, except as required by law. You are not entitled to assert any credit, set-off, or counterclaim against us to withhold payment.

 

  1. Despite our best efforts, errors in valuation may occur. If an error is identified and notified promptly, we will rectify the valuation as soon as reasonably practicable. We do not have an obligation to purchase items from you at an incorrect price if the error was obvious and should have been recognised by you.

 

PROOF OF IDENTITY

  1. If you visit our offices or the store of our Purchasing Agent to sell your watch, you must present two forms of original identification. This is necessary before we can proceed with any transaction, in compliance with our money laundering and counterfeit item policies. Copies of your identification will be retained for our records.

 

  1. Please provide one original document from each of the following categories:

 

   – Proof of identity: Current valid passport, current driving licence, or other (e.g., known employer identity card with photo and signature).

   – Proof of address: Recent utility bill, council tax bill, or bank statement.

 

LOSS OR DAMAGE

 

  1. If any item you have posted to us, or which has been handed to the Purchasing Agent on our behalf, is lost or damaged while it is with us or the Purchasing Agent, and you provide satisfactory proof of postage and receipt by us or the Purchasing Agent, we will endeavour to find a suitable like-for-like replacement. If this is not possible, we will compensate you for the item based on the actual loss suffered. Compensation will not exceed the latest quoted price for purchasing the item from us or the trade valuation price (whichever is applicable) at the time of loss or damage, minus any associated costs including servicing fees.

 

Please note, no refunds will be issued unless the item was damaged when originally sent to us or the Purchasing Agent

 

LIEN

 

Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession that belong to you, to secure payment of all sums due from you to us under any contract.

 

PART-EXCHANGES

  1. For details on how the contract is made and the terms and conditions applicable for a part exchange with us, please refer to “Our Contract with You” above.
  2. A part-exchange allowance will be agreed upon in writing between us, which will be used as part payment towards your purchase order. If an order involving a part-exchange is cancelled, whether with us or with our Purchasing Agent, we may, at our sole discretion, offer either the return of your watch or payment of the part exchange allowance if agreed upon.
  3. If it is discovered that the watch you are selling us in part-exchange, either for another watch from us or for a new watch from our Purchasing Agent, is counterfeit, lost, stolen, damaged, or not fully owned by you, or if you breach any other undertaking provided under “Your Undertakings” or any other contractual obligations, we and/or our Purchasing Agent have the option to rescind either or both contracts. If we choose to exercise this right, we will notify you by telephone and/or email as soon as possible upon discovery. In this case, you must refund us all sums paid by us to you or pay the full amount credited to you, within 7 days of receipt of notice from us. If we have already dispatched the watch you intended to purchase from us, you will also need to return this watch to us or pay us the full purchase price.

 

  • Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy from us, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments.
  • If your part exchange allowance is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or another agreed method.

 

PROOF OF IDENTITY

  1. If you visit our offices or the store of our Purchasing Agent to sell your watch, you must produce two forms of original identification during your visit. This is necessary before we can process any payment to you, in accordance with our money laundering and counterfeit item policies. Copies of this identification will be taken for our records.
  2. You must present the original of one document from each of the following two categories:
  • Proof of identity: Current valid passport, current driving licence, or other (e.g., known employer identity card with photo and signature).
  • Proof of address: Recent utility bill, council tax bill, or bank statement.

 

PROOF OF PURCHASE

  1. Whenever possible, we aim to collect proof of purchase for every transaction through an original receipt or invoice. A warranty card will not be accepted as proof of purchase.
  2. If you are unable to provide proof of purchase, a senior member of staff will evaluate the risks based on other information provided by you.
  3. Please note, our decision to proceed with the transaction without proof of purchase is entirely discretionary, and we reserve the right to cancel the transaction at any time.

 

PRIVATE DATA

We respect the confidentiality of any personal information that you may provide us with. The personal data policy applies to the Local Kettle Brothers LTD website and covers the processing of personal data you provide us with in order to allow us to offer you the required services and features. The personal data processing is carried out in London at Hatton Garden by Local Kettle Brothers LTD. Our data processing policy is described hereunder.

 

The personal data you provide us with, for example in an order or by email (for example, your name and address or email address), are processed solely for correspondence with you and solely for the purpose for which you have provided these data, which is managing contractual relations with you and fulfil relevant legal obligations. Your rights, information. If you no longer agree to the storage of your personal data or if these data are no longer correct, upon receiving your corresponding request we will have your data deleted or blocked or carry out the necessary corrections (to the extent that this is permissible under valid law)

 

ACCESSIBILITY STATEMENT

We firmly believe that the internet should be available and accessible to anyone and are committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability.

 

Local Kettle Brothers LTD is committed to complying with the UK General Data Protection Regulation (UK GDPR). We ensure that your personal data is processed lawfully, fairly, and transparently. You have the right to access, rectify, or erase your personal data, restrict or object to its processing, and the right to data portability. If you have any concerns about our handling of your personal data, you can contact us at [email protected]. Additionally, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you believe that your data protection rights have been violated.

 

SELLING  YOUR WATCH

 

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch. These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them before selling any items to us or through us.

 Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it. If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.

 These terms and conditions should be read in conjunction with our “Policy” and “Terms of Website Use” terms and conditions. Please note that these terms and conditions only apply to our “consumer” customers. If you are a “business” customer, you will be advised of the applicable terms and conditions by a member of our sales team. Please ensure that you review clauses 15 and 19 as they include important limitations on, and exclusions of, our liability.

 

Contact admin team at : [email protected]

 

Publication Director: Sir Folliot in his capacity as Director.

 

COPYRIGHT LOCAL KETTLE BROTHERS, LONDON UNITED KINGDOM.

 

Local Kettle Brothers Copyrights and Trademarks.

 

Local Kettle Brothers Ltd © owns the Website. Local Kettle Brothers Ltd © owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, videos, software, and other content of the Website (the “Content”), and all HTML, CGI, and other code and scripts in any format used to implement the Website (the “Code”). The Content and Code of the Website are protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Website without the prior written agreement of Local Kettle Brothers Ltd ©. You may not use the Content or Code from the Website for any purpose other than those set forth herein.

 

All names, logos, and trademarks which appear on the Website are the property of Local Kettle Brothers Ltd ©. You may not use them in any manner which is likely to cause confusion or in any other way without the prior express written permission from Local Kettle Brothers Ltd ©.

 

Your failure to comply with this Terms of Use Agreement will constitute a breach of contract and will violate Local Kettle Brothers Ltd ©’s copyright, trademark, and other proprietary and intellectual property rights. You may print in hard copy portions of the Website for non-commercial purposes only.

 

Use of cookies

 

We use cookies on various pages to make a visit to our website more attractive and to enable the use of certain functions. Cookies are small text files deposited on your computer. Most of the cookies we use are deleted from your hard disk after the end of a browser session (“session cookies”). Other cookies may remain on your computer and enable us to recognise your computer when you next visit our website (“permanent cookies”). Our partner companies are not permitted to use our cookies and our website to gather, process, or use personal data.

 

DEFINITIONS

 

The following definitions and rules of interpretation apply in these terms and conditions:

 

  • Our website, the website: the website at the listed domain: https://www.localkettlebrothersuk.co.uk.

 

  • Watch, item: the watch (or any part of it) that you wish to sell either to us or through us together with any accompanying box, sales literature, promotional material, and other documentation (where applicable).

 

  • We, us, our: Luxury/Local Kettle Brothers Ltd | www.localkettlebrothersuk.com | (+44) 20 3336 5303 Incorporated in England & Wales. Registration number: 13209186
  • Working Days: a day other than a Saturday, Sunday, or public/bank holiday in England.
  • You, your: the person or other entity that wishes to sell an item either to us or through us.

 

Clause headings shall not affect the interpretation of these terms and conditions. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

 

 

OUR CONTRACT WITH YOU

  1. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make, and condition, by either entering details on the “Sell Your Watch” page on our website or by navigating through our catalogue on the “Sell Your Watch” page to find the watch you wish to sell or by providing your watch details to one of our designated purchasing agents (“Purchasing Agents”).

 

  1. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false, or misleading information by you may result in an inaccurate valuation that cannot be relied upon by you.

 

  1. You will then either receive an e-mail from us with an initial valuation or have the value confirmed directly by one of our designated Purchasing Agents.

 

  1. Please note that we may request proof of purchase from you at our discretion by way of an original receipt or invoice, together with such other documents that we may reasonably request in connection with the purchase of your watch. Please see the section “Proof of Purchase” for further details.

 

  1. Any valuations are provided on a “subject to contract” basis and, unless otherwise stated, are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.

 

  1. If you are happy with the initial valuation issued by us, or with any final value confirmed by one of our Purchasing Agents, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below, or alternatively handed over in-store to our designated Purchasing Agent. The Purchasing Agent will then organise delivery of the watch to our offices.

 

  1. On receipt of your watch at our offices, the purchase of your watch is subject to due diligence checks which may include a search through The Watch Register (a subsidiary of the Art Loss Register) and, unless otherwise agreed with our Purchasing Agent, also to an inspection. Please note should your watch match an item on The Watch Register’s database of stolen watches then Local Kettle Brothers UK will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment or credit will be made, and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance in negotiating an amicable settlement with any good faith holders. As soon as a clear check result is received, where relevant, an inspection of your watch and any accompanying paperwork will then be carried out. Where an initial valuation has previously been given by us, we will then contact you by email with a final valuation for your watch. Not withstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.

 

  • Where relevant, a revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.

 

  • If you wish to proceed with a sale you will need to accept our final valuation or the final valuation offered by the Purchasing Agent. Subject to these terms and conditions the contract between us will only be formed when you have accepted the final price quoted. Upon your acceptance either: (a) we will then send you an e-mail confirming the agreed sum to be paid by us (see “Payment below”), when payment will be made, and the payment method; or (b) where you are part-exchanging your watch for a new watch to be sold by the Purchasing Agent, we will issue you with a merchandise credit [part exchange code], which will be deducted from the purchase price of the new watch sold by the Purchasing Agent; or (c) where you are accepting a credit from the Purchasing Agent as consideration for the sale of your watch to us, we will procure that the Purchasing Agent issues you with a merchandise credit equal to the agreed final price.

 

  • You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below. If you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch, or if you are accepting a merchandise credit from the Purchasing Agent, in terms of the new watch that you purchase from the Purchasing Agent or the merchandise credit to be issued by the Purchasing Agent, you will be subject to the Purchasing Agent’s terms and conditions of sale or credit.

 

  1. Please note that if you visit our showroom, or the store of the Purchasing Agent, in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.

 

  1. You can keep track of the process by logging into your Local Kettle Brothers UK account. We will also keep you regularly updated by e-mail.

 

 

PRICE AND PAYMENT

  1. The prices quoted by us, and all payments made by us will be in Pounds Sterling (GBP). The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate, and you are advised that refunds may be affected by such exchange rate.

 

  1. We will make payment to the bank account advised by you or where you are part-exchanging your watch for a new watch to be sold by the Purchasing Agent, we will issue you with a merchandise credit [part exchange code], which will be deducted from the purchase price of the new watch sold by the Purchasing Agent. Where you are accepting a merchandise credit from the Purchasing Agent, the value of the merchandise credit will be in full and final consideration for the sale of your watch to us and no further payments will be made. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.

 

  1. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.

 

  1. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.

 

In the event that we discover that the watch is counterfeit, lost, stolen, or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” or any other of your contractual obligations is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, or if you have already purchased a new watch from the Purchasing Agent by utilising the merchandise credit given in respect of your watch, or have already been issued with a merchandise credit from the Purchasing Agent, you must refund us the full purchase price paid, or pay to us or the Purchasing Agent, as we may direct, the full amount of the relevant merchandise credit, within 7 days of receipt of notice from us. If the sale involved a part-exchange with us, please see “Part-Exchanges” below.

 

  1. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.

 

  1. The price quoted excludes import duty or other taxes, fees, and charges (see “Customs” below).

 

  1. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off, or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

 

  1. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakable and could have reasonably been recognised by you as a mis pricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.

 

DELIVERY

                You will deliver the items:

  • To our premises at, New House, 67 – 68 Hatton Garden, London, EC1N 8JY, or as instructed by us prior to delivery (Delivery Location) during our normal business hours or as instructed by us; or

 

  • By handing the items in-store to the Purchasing Agent.

 

  1. Carriage, packing, insurance, and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).

 

  1. You will ensure that the items are properly packed and secured in such a manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.

 

  1. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location. This will not apply to items handed to the Purchasing Agent where you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch or are receiving a merchandise credit directly from the Purchasing Agent.

 

  1. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging, and insurance costs of returning the items to you unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special DeliveryTM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)

 

  • Delivery of the items will be completed on the completion of unloading the items at the Delivery Location, or where relevant upon confirmed receipt of the items by the Purchasing Agent.

 

  • Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.

 

  • In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.

 

Risk and title

 

  1. Your watch will be our responsibility from the time of delivery to the Delivery Location or where relevant upon confirmed receipt of the items by the Purchasing Agent.

 

  1. Subject to these terms and conditions, ownership of the watch will pass from you to us when the contract has been completed between us, namely (a) when the purchase price has been paid to you by us; or (b) where you are purchasing a new watch from the Purchasing Agent in part-exchange of your current watch, when we have issued the [part exchange valuation code] as described above under “Our Contract With You”; or (c) where you are receiving a merchandise credit directly from the Purchasing Agent, when the Purchasing Agent’s merchandise credit terms have been accepted by you.

 

          CUSTOMS & IMPORT/EXPORT OBLIGATIONS

 

If you are based outside of the UK, you may also have to pay import/export duties and/or other taxes, fees, and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your watch incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your watch in this regard. 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 and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your watch to us. We shall not be liable to you if you fail to comply with these obligations.

 

          THE ITEMS

 

You will ensure that the items will:

 

  1. Correspond with their description.
  2. Be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and
  3. Be free from defects in design, material, and workmanship.
  4. YOUR UNDERTAKINGS

 

You confirm that:

 

Information supplied by you

  1. All the information supplied by you to us before the conclusion of a contract under “Our Contract with You” above is true, accurate, and complete.
  2. You have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status, or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;

 

  1. The watch is your property, and you are entitled to sell the watch free from any charge, lien, burden, or adverse claim, including any hire purchase or other credit arrangement. In particular:
  • The watch has not been reported to the manufacturer, police, or any other authority as lost or stolen.
  • The watch is not subject to an undisclosed finance agreement; and
  • No other person has any claim to the watch, whether legal, equitable, possessory, or otherwise;

 

Condition

  1. There are no undisclosed physical defects with the watch.
  2. The watch has not been an insurance “write-off” or subject to substantial remedial repairs.
  3. The watch has not been altered or tampered with.

 

 

Authenticity and provenance

You confirm that the watch and any accompanying paperwork are authentic and complete, to the best of your knowledge and belief.

 

General Provisions

Unless otherwise specified, the information and materials presented on the Platforms are solely for promoting Local Kettle Brothers UK’s products and services, and in some cases, to present products for sale via various means. Local Kettle Brothers UK makes no representation that its material is appropriate or available for use in every country. You are responsible for compliance with applicable local laws, keeping in mind that access to Local Kettle Brothers UK material may not be legal for certain persons or in certain countries. Our products are available in many parts of the world, but the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Website Use is found to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Website Use. The legality, validity, or enforceability of the remaining provisions shall not be affected, unless otherwise required by applicable law.

 

Termination and Suspension

 

You agree that Local Kettle Brothers UK may terminate or suspend your access to and use of the Platforms if it reasonably believes you have violated or acted inconsistently with the letter or spirit of these Terms of Website Use, or violated the rights of Local Kettle Brothers UK, its affiliated companies, or any third party, with or without notice to you. Local Kettle Brothers UK may also modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Local Kettle Brothers UK will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of Liability” and “General Provisions” will survive termination of these Terms of Website Use.

 

YOUR UNDERTAKINGS

  • You confirm that:
  • All information provided by you to us before entering into a contract under “Our Contract With You” above is true, accurate, and complete;
  • You have not withheld any facts or information regarding the identity, quality, history, provenance, authenticity, legal status, or general character of the watch that might reasonably influence a buyer’s decision to purchase the watch.
  • Title: The watch is your property, and you are entitled to sell it free from any charge, lien, burden, or adverse claim, including any hire purchase or other credit arrangement. Specifically:
  • The watch has not been reported lost or stolen to the manufacturer, police, or any other authority;
  • The watch is not subject to any undisclosed finance agreement;
  • No other party has a claim to the watch, whether legal, equitable, possessory, or otherwise.
  • Condition: There are no undisclosed physical defects with the watch.
  • The watch has not been written off by insurance or undergone substantial remedial repairs;
  • The watch has not been altered or tampered with.
  • Authenticity and Provenance: You acknowledge that every element of the watch’s description, including its make, model, and serial number, is critical to its identity. The absence or non-fulfilment of any such element renders the watch fundamentally different from the watch agreed upon for sale.
  • Taxes and Duties: You have fully paid all charges, duties (customs or otherwise), taxes, and other fees due to any customs, tax, or other authority concerning your original purchase, ownership, importation/export, and sale of the watch to us.
  • You are fully liable for any breach of the above conditions, notwithstanding discovery of such breach by us.

REMEDIES

  1. If the items do not comply with Clause 6 (The Items) and/or you breach any of the undertakings in Clause 7 (Your Undertakings) or any other contractual obligations:
  2. Without limiting any other rights or remedies, we may:
  3. Terminate the contract;
  4. Reject the items (in whole or in part) and return them to you at your own risk and expense.
  5. Require you to refund the full price of the rejected items (if paid), or the full amount credited to you if you purchased a new watch from the Purchasing Agent in part-exchange or received a merchandise credit from the Purchasing Agent.
  6. Recover from you any costs incurred in obtaining substitute items from a third party.
  7. Claim damages for any costs, losses, or expenses incurred by us due to your failure to fulfil your obligations under the contract.
  8. Our rights and remedies under these terms and conditions are additional to rights and remedies implied by statute and common law.
  9. Additionally, you agree to indemnify us against all liabilities, claims, losses, damages, costs (including legal and other professional costs), and expenses incurred by us due to any breach of your obligations under the contract, including third-party claims arising from such breaches under Clause 5 (Customs & Import/Export Obligations) and/or Clause 7 (Your Undertakings).

 

 

Links & Linking

 

The Platforms may contain links to third-party sites not affiliated with Local Kettle Brothers UK. The inclusion of any link to such sites does not imply endorsement by Local Kettle Brothers UK. We have not reviewed all the content on linked sites and are not responsible for the content or accuracy of any off-site pages or other linked sites. If you choose to click through any link to off-site pages or third-party sites, you do so at your own risk. Local Kettle Brothers UK does not authorise linking to any of its Platforms from a third-party platform without its express prior written consent.

 

Limitation of Liability

 

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

Local Kettle Brothers UK strives to ensure that the information provided is accurate and complete. However, Local Kettle Brothers UK does not warrant or represent that its material is accurate, error-free, or reliable, or that use of Local Kettle Brothers UK material will not infringe rights of third parties.

 

Local Kettle Brothers UK does not warrant that the functional and/or technical aspects of the Platforms or the Local Kettle Brothers UK material will be error-free, or that the Platforms, Local Kettle Brothers UK material, or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Local Kettle Brothers UK material results in the need for servicing or replacing property, material, equipment, data, or other elements, Local Kettle Brothers UK is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.

 

Local Kettle Brothers UK and its suppliers make no warranties about the Local Kettle Brothers UK material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

 

Our Privacy Policy

Our information collection practices on the Platforms, such as the types of information we collect from visitors and how we may use that information, are governed by our Privacy Policy.

Local Kettle Brothers UK E-Boutique – Terms and Conditions

Customers selling products to Local Kettle Brothers UK or purchasing products from Local Kettle Brothers UK online or by phone through the Local Kettle Brothers UK Client Relations Centre must review the Terms and Conditions, which govern the terms of any such sales or purchases. The provisions titled “Limitation of Liability” below do not apply to online or phone sales; please refer to the Terms and Conditions for relevant exclusions and limitations of liability.

 

This section pertains to communications sent to Local Kettle Brothers UK. It does not cover the communication of personal information to Local Kettle Brothers UK related to customer inquiries, service use, or product purchases by phone or through the Platform, which is governed by the rules outlined in the Privacy Policy.

 

Your Submissions and Unsolicited Communications

Any unsolicited communication or material that you transmit to Local Kettle Brothers UK via the Platforms, social media, email, or otherwise—including data, questions, answers, comments, suggestions, or similar—will be treated as non-confidential and non-proprietary by Local Kettle Brothers UK. By sending communications to Local Kettle Brothers UK, you automatically grant Local Kettle Brothers UK a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communications alone or as part of other works in any form, media, or technology, whether now known or developed in the future, and to sublicense these rights to others. Anything you transmit may be used by Local Kettle Brothers UK and its affiliated companies for any purpose, including reproduction, disclosure, transmission, publication, broadcast, posting, or the development, manufacturing, and marketing of products using such information.

 

 Applicable Law and Jurisdiction

 

These Terms of Website Use shall be governed by and construed in accordance with the laws of England and Wales, without reference to conflict of law provisions. Any dispute, controversy, or claim arising out of or in relation to these Terms of Website Use, including their validity, invalidity, breach, or termination, shall be adjudicated or arbitrated in accordance with these terms. Where the laws of England and Wales differ from the mandatory consumer laws in your own country, we will afford you similar protection.

 

Updates to These Terms of Website Use

 

We may update these Terms of Website Use periodically, so please check back regularly to stay informed of any changes. The latest version of these Terms will always be available on the Platform. Any new version of these Terms will take effect immediately upon posting and will govern your use of the Platform and your relationship with us. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

 

TERMS OF WEBSITE USE

Last updated: July 2024

About Local Kettle Brothers UK and These Terms of Website Use

Luxury Kettle Brothers Ltd | www.localkettlebrothersuk.com | (+44) 20 3336 5303  

Incorporated in England & Wales. Registered office: New House 67-68 Hatton Garden, London, EC1N 8JY | Registration number: 13209186

 

These Terms of Website Use govern your use of Local Kettle Brothers UK websites and mobile applications (together the “Platforms”). In these Terms of Website Use, we use the term Local Kettle Brothers UK (and “we”, “us”, and “our”) to refer to the head office of Local Kettle Brothers UK at the registered address above and its affiliates.

 

Please read these Terms of Website Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Website Use. If you do not agree to these Terms of Website Use, then you are not authorised to continue use of the Platform.

Contact Us

If you have any questions or comments about these Terms of Website Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

[email protected]

Copyright Notice and licensing

All content, including Local Kettle Brothers UK materials, on the Platforms is either Copyright © Local Kettle Brothers UK or is licensed for use by Local Kettle Brothers UK. All rights are reserved. Please refer to the section above on the use of materials on the Platforms.

 

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  1. We have the right to revise and amend these terms and conditions from time to time.
  2. You will be subject to the policies and terms and conditions in force at the time  that you proceeded your work with us, unless any change to those policies or  these terms and conditions is required to be made by law or governmental  authority (in which case it will apply to orders previously placed by you).

 

YOUR RIGHT TO CANCEL

  1. You have the right to cancel this contract without giving any reason. The cancellation period will expire 14 days from the day after you agree to our quotation to carry out the service or 14 days after your watch is returned following a service where we have also supplied parts. When you agree to our quotation, we will also ask your permission to start work during the cancellation period – see clauses 9(d) & 9(e) below.

   – To exercise the right to cancel, you must inform us. Please email the sales advisor who dealt with your Order or email our Customer Services team at [email protected]. You can also call (+44) 20 3336 5303 or write to us at Local Kettle Brothers UK, please new address New House, 67 – 68 Hatton Garden, London, EC1N 8JY.

   – 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.

   – If we are carrying out a service without supplying any parts, and you have given us permission to start work on your watch during the cancellation period, you will pay us an amount which is in proportion to the work that we have completed up to when you communicated your cancellation from this contract, compared to the full price of the contract. If we have completed the work, you will lose the right to cancel this contract. 

If you are due any reimbursement, we will refund you within 14 days from when you informed us of your wish to cancel. 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.

   – If we are carrying out a service which includes supplying parts, and you have given us permission to start work on your watch during the cancellation period, you will pay us an amount which is in proportion to the work that we have completed up to when you communicated your cancellation from this contract, compared to the full price of the contract. If we have completed the work, you will have to pay our full labour costs. Regarding any parts that we have supplied:

     – We may make a reduction in any reimbursement for the price of the parts to take account of any loss in value due to them being fitted into your watch.

     – It will be your responsibility to remove the parts from your watch, if we have returned it to you, and return them to us at your cost.

     – You shall send the parts back or hand them over 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 parts before the period of 14 days has expired.

     – Provided that you comply with the terms of this clause 8, you will be reimbursed within 14 days of the date we receive the returned parts or from when we receive proof that you have sent the parts back to us, whichever is the earliest. 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.

     – Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website: www.adviceguide.org.uk or call us on 03454 040506). Nothing in our Terms will affect your legal rights.

 

OUR LIABILITY

  1. Nothing in these terms and conditions shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability (including without limitation: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).

   

  1. Subject to clauses 9(a) and 9(c), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

   – (i) loss of profits.

   – (ii) loss of sales or business;

   – (iii) loss of agreements or contracts;

   – (iv) loss of anticipated savings.

   – (v) loss of or damage to goodwill.

   – (vi) loss of use or corruption of software, data or information; or

   – (vii) any indirect or consequential loss arising under or in connection with work carried out under these terms.

   

  1. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential loss, so the above exclusion at clause 9(b)(vii) 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 you instructed us to proceed the work. 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.

   

  1. In the event that we lose or damage your watch, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of your watch if we have been negligent.

   

  1. Without prejudice to clauses set out above, we shall not be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with:

   – (i) a failure by you to reclaim or pay for your watch within 12 months of the date of completion of the work.

   – (ii) any sentimental or other non-commercial value stated by you to attach to your watch;

   – (iii) the mechanical workings of your watch, either whilst the watch is in our possession or after work has been completed on your watch, unless you instruct us to carry out a full service of your watch which includes a complete overhaul of the movement.

   – (iv) components not replaced by us;

   – (v) any refusal by a manufacturer or other parties to carry out work under warranty or otherwise as a result of work carried out by or on behalf of us (including without limitation due to the addition of non-genuine parts with your consent);

   – (vi) work carried out by us or others where you have been warned by us that such work may damage your watch, where you have nevertheless provided your consent for the work to be carried out;

   – (vii) the instruction by us to a third party for work to be carried out on your watch on your behalf; or

   – (viii) any that was not caused by our breach of these terms.

   

  1. Subject to clause 9(a), our total liability to you in respect of all other losses arising under or in connection with work carried out on your watch, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £1,000 or the market value of your watch as estimated by us (whichever is lower).

 

WAIVER

  1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

 

  1. A waiver by us of any default will not constitute a waiver of any subsequent default.

 

  1. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

SEVERABILITY

If any court or competent authority decides that any provision of these terms and conditions or any provisions of a contract are invalid, unlawful, or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and all other documents referred to in these terms and conditions constitute the entire agreement between the parties and supersede and extinguish all previous drafts, agreements, arrangements, and understandings between them, whether written or oral, relating to its subject matter.

THIRD-PARTY RIGHTS

This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including, without limitation, Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities. This does not affect your legal rights.

 

NO PARTNERSHIP OR AGENCY

Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party as the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.

COMMUNICATIONS BETWEEN US

  1. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by email or by prepaid post to [email protected] or New House, 67 – 68 Hatton Garden, London, EC1N 8JY. We will confirm receipt in writing, usually by email for expediency.

 

  1. If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your order.

 

Trademark Notice

All trademarks, logos, and service marks (collectively the “Trademarks”) that appear on the Platforms are registered, unregistered, or otherwise protected Local Kettle Brothers UK trademarks, or are licensed for use by Local Kettle Brothers UK by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without Local Kettle Brothers UK’s prior written permission or that of the third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Local Kettle Brothers Ltd 2024 ©