Terms of Use

 
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website us.legowatches.com ("our site") to you.  These terms shall also apply to any Products purchased by you from our listings on www.amazon.com ("Amazon").  Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1              Information about us

1.1          We operate the website clictime.com. We are Clic Time Holdings Limited, a company registered in England and Wales under company number 6314867 and with our registered office at 89-91 Jesmond Road, Newcastle upon Tyne, Tyne and Wear, NE2 1NH.  Our main trading address is Unit 4, Meadowfield Court, Meadowfield Industrial Estate, Ponteland, Newcastle upon Tyne, Tyne and Wear, NE20 9SD. Our VAT number is 929620506.

 

2              Your status

2.1          By placing an order through our site, you warrant that:

2.1.1      you are legally capable of entering into binding contracts; and

2.1.2      you are at least 18 years old.

3              How the contract is formed between you and us

3.1          After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation").  The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation. 

3.2          The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

4              Consumer cancellation rights

This clause 4 only applies if you are contracting as a consumer.

4.1          You have a statutory right to cancel your Contract for any reason and receive a full refund, except in the case of certain Products listed in clause 4.3. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products.

4.2          To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products, including all and any parts supplied with the Products, to us within 30 calendar days of receipt, at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession.

4.3          You will not have any right to cancel a Contract for the supply of any made-to-measure or personalised products, newspapers, periodicals or magazines, perishable goods, or any Products which have had their security seals, tags or labels opened, unsealed or removed.

4.4          Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your other statutory rights as a consumer.

 

5              Availability and delivery

5.1          Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 calendar days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 

5.2          Unless we agree otherwise, your order will be sent using Parcelforce, DPD Courier, Royal Mail or such other courier as we may instruct from time to time.

 

6              Risk and title

6.1          The Products will be your responsibility from the time of delivery.

6.2          Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6.3          The risk in and responsibility for any Products returned to us in accordance with clause 4 and clause 8 shall remain with you until we confirm acceptance of the return.

 

7              Price and payment

7.1          The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 

7.2          Product prices include VAT where applicable. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.  Please note that the recipients of orders shipped outside of the European Union may be subject to import taxes or other taxes, duties and/or charges applied by customs or other authorities in the country of receipt.  If you are unsure about any charges applicable to your order please check with your local tax or customs authority prior to placing your order.

7.3          Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4          Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

7.5          If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

7.6          Payment for all Products must be by credit/debit card or by PayPal.  We accept payment with Visa, Mastercard, Switch, Maestro, Visa Delta and Visa Electron.  Payment shall automatically be debited at the time your order is placed.  If we are unable to accept your order for whatever reason and a Contract is not formed (in accordance with the provisions of clause 3.1), a full refund will be credited to the credit/debit card or PayPal account used to make the payment.

 

8              Our refunds policy

8.1          If you return a Product to us:

8.1.1      because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), and you are contracting as a consumer, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

8.1.2      for any other reason (for instance, because you have notified us in accordance with clause 18 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 

8.2          We will usually refund any money received from you, by using the same method originally used by you to pay for your purchase.

 

9              Warranty

9.1          We warrant to you that any Product purchased from us through our site will, on delivery and for the following 24 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. 

9.2          We will make every effort to display as accurately as possible the colour of the Products that appear on our site.  However, the actual colours that you see on our site may be affected by monitor settings on your computer and we cannot guarantee that your computer's monitor display of colour will accurately reflect the colour of the Product.

 

10           Our liability

10.1       If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. 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 this Contract.

10.2       We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3       We do not in any way exclude or limit our liability for:

10.3.1   death or personal injury caused by our negligence;

10.3.2   fraud or fraudulent misrepresentation;

10.3.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

10.3.4   any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

10.3.5    defective products under the Consumer Protection Act 1987;

10.3.6   any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10.4       International customers should note that they must comply with all applicable laws and regulations of the country to which the Products are destined.  We will not be liable for any breach by any international customer of any such laws.

 

11           Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

12           Notices and communications

All notices given by you to us must be given to Clic Time Holdings Limited at uscustomerservice@clictime.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

13           Transfer of rights and obligations

13.1       The Contract between you and us is binding on you and us and on our respective successors and assignees. 

13.2       We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.

13.3       You may only transfer your rights and obligations under this Contract if we agree to this in writing.

 

14           Events outside our control

14.1       We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). 

14.2       A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1   strikes, lock-outs or other industrial action;

14.2.2   civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3   fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4   impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5   impossibility of the use of public or private telecommunications networks;

14.2.6   the acts, decrees, legislation, regulations or restrictions of any government; and

14.2.7   pandemic or epidemic.

14.3       Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

15           Waiver

15.1       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 and conditions, 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.

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

15.3       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 in accordance with clause 12 above.

 

16           Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the 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.

 

17           Our contract with you

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

18           Our right to vary these terms and conditions

18.1       We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

18.2       You will be subject to the policies and terms and conditions in force at the time that you order Products from 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), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

19           Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

20           Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

Last updated: 22 March 2013