1 TERMS & APPLICATION
1.1 Welcome to the SKOLORR website (skolorr.com) (Website). The Website is owned and operated by Vision Independents Limited (Company Number 10100517) with a registered address at 54 Harley Street, London, United Kingdom, W1G 9PZ (SKOLORR). SKOLORR grants you a non-exclusive, limited and revocable licence to use and access the Website subject to these terms and conditions (Terms).
1.2 In these Terms, “we”, “us” and “our” refer to SKOLORR and references to “you” and “your” is to you, the user of the Website.
1.4 By accessing and using the Website you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Website.
1.5 You agree that we may change, update or otherwise amend the Website and these Terms at our absolute discretion.
2.1 We act as an online intermediary providing the Website to connect registered independent watchmakers (Brands) and customers (Customers) looking to purchase (Purchase) watches and associated products (Products). We also allow users of the Website to access associated services (Services), including:
(a) access to an advisor (Concierge) for pre-sales service to Customers, including arranging viewings of Products and providing advice related to the Products and the process;
(b) customised Products and services, as detailed on the Website (Customised Products);
(c) made-to-order Products (Made-to-Order Products); and
(d) any other service provided on the Website.
2.2 Any Purchase shall be subject to the terms and conditions of that Brand (Brand Terms), which shall be made available to you. We are not and cannot be a party to any transaction between you and the Brands, including any resultant Purchase or delivery of Products. Please read the Brand Terms carefully. If you do not accept the Brand Terms, including their specific cancellation, returns and refunds policies, you should stop your Purchase immediately.
2.3 We do not accept any responsibility or legal liability whatsoever for any act or omission of the Brand or the Customer arising from or in connection with the use of the Website, any Purchases or Products. The Brand and Customer may enforce any of these Terms against the other party directly in respect of the use of the Website and each Purchase.
2.4 You shall indemnify us against all reasonable costs and expenses and any tax, duty, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
2.5 We may assist with the resolution of any complaint or dispute relating to a Purchase. However, you acknowledge that any legal recourse arising from or in connection with any Purchase, whether for breach of contract or otherwise, is against the Brand or Customer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Website.
2.6 You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the use of the Website.
3 CUSTOMER REGISTRATION & ACCOUNTS
3.1 To make a Purchase or access the Services, you will need to register an Account by providing the information requested on the Website (including full name, email address, date of birth) or permitting access via an approved social network account (such as Facebook, Instagram or Twitter), selecting a username and creating a password, setting your privacy settings.
3.2 If you are provided with a username and password to access the Website, it is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You may grant access to your Account to a third party (such as, your spouse, partner or personal assistance). However, you are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission.
3.3 Registration may require provision of personal and payment details (such as full name, copy of passport and email) and access to a third party account (such as Facebook, Instagram or Twitter). You consent to the use of this information to create your account and acknowledge that we rely on the information provided by you during the registration process being true, accurate, current and complete.
3.4 Your Account will become active when you follow the email link to activate your Account or automatically activated by registration through any third party account.
3.5 You warrant and represent that any information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
4 TERMS OF SERVICE
(a) Once you are ready to make an order for any Product (Order), click on the “ADD TO BAG” to add the Product to your “SHOPPING BASKET”. Then proceed by clicking “CHECKOUT” to complete your Order. To complete your Order, you must login to your account (Account) as a returning Customer, or register an Account as a new Customer. Please refer to clause 3 for further information on Account registration.
(b) Once you have logged into your Account and you have confirmed the details of your Order, as instructed on the Website and selected the payment option (either in full or partially in advance (as applicable)), you will confirm the details, including delivery method and address, of your Order by clicking “ORDER NOW”. Please take time to read and check the details of your Order and the relevant Brand Terms as you are responsible for ensuring that the information provided is accurate and you acknowledge to be bound by the Brand Terms.
(c) We will then send you a confirmation email to acknowledge that we have received your Order. This is sent out automatically by us to the email address in your Account. Please note, that this does not mean that your Order has been accepted. Your Order constitutes an offer by you to buy the Product(s) at the price set out in the Order. At this point we will process the payment details you have given to us to take payment for the Order (Payment), subject to clause 3.2 below.
(d) Upon receipt of such Payment, we will notify the Brand of your Order. For standard Orders, the Brand will aim to confirm by email within 24 hours, or the next working day, of receipt of such Order, the details of the Order (including the expected delivery date) or, if applicable, provide additional or updated details for you to accept. For Customised Product Orders, the Brand shall respond within 10 working days.
(e) We will then confirm with you that the Brand is able to fulfil the Order and we will send you an Order confirmation email (Order Confirmation Email). This will form the contract between you and the Brand to deliver the Products as specified in the Order.
(f) Should the Brand fail to respond within 10 working days, we will notify you that the Brand is not able to fulfil their Order. The Order will lapse and you shall be refunded any Payment made at the time of the Order.
(g) If there are any problems with your Order, you will be contacted by a SKOLORR representative or the Brand directly.
(h) Refunds and cancellations shall be subject to the Brand Terms and any specific terms of any pre-order, as set out in the Order Confirmation Email.
(i) We or the Brand reserve the right to reject any Order at any time and at our sole discretion. We or the Brand may not accept your Order for example if (i) the Product you have ordered is out of stock, (ii) the card you have selected to use for Payment is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your Payment, (iv) we identify a Product or pricing error, or (v) we consider the delivery address is not appropriate (for example, any PO Box).
(j) We reserve the right to carry out credit and identity check before accepting an Order, or request that you provide proof of identity and/or address.
4.2 Prices & Payment
(a) Each Brand is solely responsible for ensuring that the pricing of Products provided to us for publication on the Website is up to date and reflects the pricing of such Products as published on the Brand’s own website, unless a separate pricing of Products is jointly agreed in writing between the Brand and us.
(b) We hold no responsibility for any currency fluctuations or price changes applied by the Brand to the Products in your ‘SHOPPING BASKET’. You pay the price as updated and applied at the time of clicking ‘ORDER NOW’.
(c) Despite our best endeavours, you acknowledge that a Product listing may contain errors in information and prices for the Product. The final correct Product information and prices shall be those set out in the Order Confirmation Email.
(d) All prices for the Products or Services are specified exclusive of VAT and subject to change at any time. Applicable taxes, if any, would be calculated at checkout when you specify your delivery address. Delivery costs are not included, unless stated during the checkout process, and shall be charged separately.
(e) Depending on the delivery address and the Brand country, different tax, import duty and additional charges may apply. If the delivery address is outside the UK and European Union or if the Brand is located outside the UK and European Union, you may need to pay import duties upon receipt of the Products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the Product(s). If they are not included, neither we nor the Brands have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such taxes and import duties that are not included. Please contact your local customs office for further information before placing your Order.
(f) Unless otherwise agreed, any Payment shall be received by us and held subject to a conditional obligation to transfer or account for such Payments to the relevant Brand,
(g) Subject to the below, Payments must be made in advance by credit or debit card, Stripe Connect, electronic bank transfer or any other payment method specified on the Website. Surcharges may apply for certain payment methods, including charges from your own card issuer. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges relating to any Order as follows:
i For all standard Orders, full Payment for the Products must be made on the date of the Order.
ii For all Product pre-orders, Customised Products, Made-to-Order Products, or as otherwise agreed with you, Brands may offer you to secure your Order with (A) an initial partial advanced Payment on the date of the Order (Advanced Payment) and a payment schedule with a further final Payment on the date stated in your Order Confirmation Email (Final Payment Date); or (B) a full Payment for the Products made on the date of the Order.
(h) If any amount due remains unpaid for 14 days after the Final Payment Date, we shall notify the Brand and, unless otherwise notified by the Brand or subject to the Brand Terms, the Order is considered cancelled. There will be no refund on any Advanced Payment for Customised Products or Made-to-Order Products.
4.3 Complaints, Cancellation & Returns
(a) Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your Order, if you are not perfectly satisfied with your Purchase, we will happily assist you to liaise with the Brand for your returns and refunds.
(b) Each Brand has its own cancellation, returns and refund policy, please read and understand the Brand Terms for further details.
(c) Notwithstanding the Brand Terms, Brands shall be required to comply with the minimum requirements of the consumer regulations (Regulations) in their own jurisdiction in respect of cancellations, refunds and returns. If the Brand is within the UK or European Union, you as a consumer will be protected by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(d) Subject to a Brand Terms and discretion and subject to the Regulations, there will be no refund of any Advanced Payment by the Customer for his cancellation of a Customised Product Order or Made-to-Order Product Order.
(e) Should a Brand cancel an Order, you shall be entitled to a refund subject to the Brand Terms and discretion subject to the Regulations.
5 CONDITIONS OF USE
5.1 You accept and acknowledge the following conditions to access and use of the Website and any Services:
(a) you are over the age of 18 (or over the age of 13 and under the supervision of a parent or legal guardian);
(b) you represent that you have capacity to form a binding contract in your jurisdiction;
(c) you have the authority to bind any business on behalf of which you use our Website;
(d) you register on the Website as a Brand or Customer;
(e) you must provide us with accurate personal and contact information and not share your personal information with other users;
(f) you will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Website;
(g) you only use the Website for lawful purposes;
(h) you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Website or the Services; and
(i) you do not breach these terms.
5.2 We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these Terms.
5.3 You must not share personal information with other users. By using the Website, you warrant and represent that you will not directly or indirectly circumvent the Website and that all paid Services will be engaged in accordance with these Terms. Without limitation, Brands and Customers must not use the details on the Website to contact each other directly or engage outside of the Website.
5.4 You indemnify us for any loss or damage we suffer as a result of your breach of these Terms.
6 CONTENT & BLOG
6.1 All content published by us on the Website (including any information on Brands and Products) is for informational purposes only. We make no representations as to the accuracy or completeness of any content included on the Website.
6.2 We will not be liable for any losses, injuries, or damages from the display or use of the content on the blog section of the Website.
6.3 Brands are solely responsible for the content and information provided for use on the Website and warrant that the content and information that has been uploaded on the Website is accurate, complete, honest, genuine and within their legal rights to use on the Website.
7 VOUCHERS, COMPETITIONS AND PROMOTIONS
7.1 We may on occasion offer you discount vouchers, competitions or promotions either on our own behalf or in conjunction with Brands. These will be subject to additional rules and conditions, which will be made available at the time of any such competition or promotion.
8 WEBSITE AVAILABILITY
8.1 You acknowledge that we are not required to keep the Website available for your use and we make no warranties as to its availability or that the Website will operate continuously or error-free.
8.2 We accept no responsibility for the unavailability of this Website, or any offer of Services found on the Website, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.
8.3 We make no guarantees, implied or express, as to the ongoing availability of the Website or Services.
9 INTELLECTUAL PROPERTY
9.1 The Brand hereby grants us a non-exclusive royalty-free licence to use its logo and/or name and as otherwise reasonably necessary or desirable in connection with providing the Services. The Brand shall on request supply us such images or other artwork so as to enable us to accurately reproduce the Brand’s logo on advertising materials.
9.2 All content on the Website (including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you or the Brand) is our copyright and property and can be used for any purpose relating to the Website or our business. Without our express written permission, you shall not copy the Website for your own commercial purposes, including:
(a) replicate or use the details and profiles of any Brand;
(b) replicate all or part of the Services or Website in anyway;
(c) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; and
(d) incorporate all or part of the Website in any other webpage, website, platform, application or other digital or non-digital format.
9.3 We have moral and registered rights in the SKOLORR and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
10 THIRD PARTY SERVICES, WEBSITES & ADVERTISING
10.1 The Website contains information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Website.
10.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the services provided by, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
11 LIMITATION OF LIABILITY & INDEMNITY
11.1 You agree that you use the Website at your own risk.
11.2 You acknowledge that we are not responsible for your or any Brand’s conduct or activities and that we are not liable for such under any circumstances.
11.3 You acknowledge that in using the Website and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
11.4 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms.
11.5 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
11.6 Certain rights and remedies may be available under the Sale of Goods Act 1979, the Consumer Protection Act 1987, the Consumer Contracts Act 2013 and the Consumer Rights Act 2015 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
11.7 SKOLORR and users acknowledge that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
11.8 Nothing in these Terms shall limit or exclude the liability of SKOLORR and the users for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
13 FORCE MAJEURE
13.1 Neither you or us (or our subsidiaries) will be held responsible for any breaches or delays in the use or fulfillment of any, Services or the Website caused by force majeure, including any matter outside a parties reasonable control.
13.2 In situations of force majeure, all obligations under these Terms are suspended, provided that after 48 consecutive hours, you may cancel your Account by sending notice to our Customer Service. If terminated for any of the above reasons, you will no longer be able to access your Account.
14.1 Your use of the Website may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Website should you receive a notice suspending or cancelling your licence to use the Website.
14.2 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Website.
14.3 You may terminate your use of the Website and suspend or have an Account removed at any time, provided that no amounts are outstanding.
15.1 You can contact our team by email (firstname.lastname@example.org) or via the Website.
15.2 You can direct notices, enquiries, complaints and so forth to us using any other details published on the Website. We will notify you of a change of details by publishing new details on the Website.
15.3 We will send you notices and other correspondence to the email address that you submit to the Website. It is your responsibility to notify us to update your contact details as they change.
15.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
16.1 If you have any questions regarding these Terms, please contact us by email at email@example.com.
16.2 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
16.3 We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
16.4 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
16.5 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
16.6 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
16.7 These Terms and any non-contractual obligation arising therefrom are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts in England.