Terms and Conditions

The Watch Platform — www.thewatchplatform.com

1. Agreeing to These Terms

By accessing or using The Watch Platform (the "Platform"), you agree to comply with and be bound by these Terms and Conditions, together with our Privacy Policy, Cookie Policy and any other documents expressly incorporated by reference (collectively, the "Terms"). If you do not agree to these Terms, you must not access or use the Platform.

The Watch Platform provides an online introduction service that connects individuals wishing to sell luxury watches ("Sellers") with professional watch dealers ("Dealers").

Our role is strictly limited to facilitating introductions between Sellers and Dealers. We do not buy or sell watches, act as an agent or broker for either party, negotiate transactions, inspect or authenticate watches, facilitate or process payments, or become a party to any agreement or transaction entered into between a Seller and a Dealer.

The Watch Platform is a UK-based business and currently provides its services within the United Kingdom only. The Platform is intended for use by UK residents only, and we make no representation that the Platform or services are suitable or available outside the United Kingdom.

2. How the Platform Works

The Watch Platform is an online introduction platform that connects private individuals wishing to sell luxury watches ("Sellers") with verified professional watch dealers ("Dealers").

The Watch Platform does not buy, sell, broker or otherwise trade watches, and is not a party to any transaction between a Seller and a Dealer. Our role is limited to providing a platform through which Sellers may invite bids from Dealers and, upon payment of the applicable Platform Fee, be introduced to the Dealer whose bid they have chosen to accept.

All Dealers admitted to the Platform undergo our internal verification process to confirm they are genuine trading businesses with an established trading history. However, this verification does not constitute a guarantee of a Dealer's financial standing, conduct, performance or reliability, and Sellers remain responsible for carrying out any due diligence they consider appropriate before completing a transaction.

Any contract for the sale or purchase of a watch is entered into solely between the Seller and the Dealer. The Watch Platform is not an agent, broker or representative of either party and accepts no responsibility for the negotiation, completion or performance of any transaction.

3. Eligibility and User Declarations

3.1 Sellers

By creating an account, submitting a watch for listing or accepting a Dealer's bid, a Seller confirms that:

  • they are at least 18 years of age;
  • they are resident in the United Kingdom;
  • all information provided is true, accurate, complete and up to date;
  • they are the legal owner of the watch, or have full authority from the legal owner to offer it for sale; and
  • they understand and accept their obligation to pay the Platform Fee in accordance with these Terms.

3.2 Dealers

Dealers may register and use the Platform to view listings and submit bids. Any agreement to purchase a watch is entered into directly between the Dealer and the Seller, and The Watch Platform has no involvement in the negotiation, completion or performance of that agreement.

3.3 Reliance on User Information

The Watch Platform relies on information supplied by Sellers and Dealers. We do not verify the accuracy or completeness of that information and accept no responsibility for any inaccuracies, omissions or misrepresentations contained within information provided by users.

4. Dealer Eligibility and Verification

To access and use The Watch Platform as a Dealer, a business must complete our registration and verification process.

The Watch Platform only permits Dealers to use the Platform where we are satisfied, based on the information available to us, that the Dealer appears to be a genuine trading business with an established trading history in the watch industry or related sector.

As part of our verification process, we may review information including:

  • business details;
  • trading history;
  • business presence and reputation;
  • publicly available information; and
  • any other information we consider relevant.

A Dealer being approved to use The Watch Platform means only that the Dealer has passed our internal verification process. It does not constitute:

  • an endorsement, recommendation or guarantee by The Watch Platform;
  • confirmation of the Dealer's financial position;
  • confirmation of the Dealer's ability or willingness to complete a transaction;
  • confirmation of the quality, expertise or services provided by the Dealer; or
  • a warranty that the Dealer will comply with its obligations to Sellers.

The Watch Platform does not act as an agent, representative or guarantor of any Dealer. Dealers remain solely responsible for:

  • the accuracy of information they provide;
  • the bids and offers they submit;
  • carrying out their own checks before purchasing any watch;
  • authenticating and inspecting watches;
  • complying with all applicable laws and regulations; and
  • completing any transaction agreed with a Seller.

The Watch Platform reserves the right to refuse, suspend or remove Dealer access where we reasonably believe that a Dealer no longer meets our requirements, has provided inaccurate information, has misused the Platform, or has acted in a manner that may harm the integrity, security or reputation of the Platform.

The Watch Platform may review or update its Dealer verification requirements from time to time, and completion of the verification process does not create any ongoing obligation on The Watch Platform to monitor or supervise Dealer activity.

5. Listing Your Watch

To list a watch on the Platform, Sellers are required to provide certain information, including but not limited to:

  • make or brand;
  • model;
  • reference or model number (where known);
  • year of manufacture;
  • condition;
  • preferred bidding period (3, 7 or 14 days);
  • whether the original box is included;
  • whether the original papers are included;
  • whether the watch was purchased new;
  • whether proof of purchase is available;
  • the approximate date of purchase;
  • frequency of wear;
  • details of any alterations or modifications;
  • a description and history of the watch; and
  • a minimum of six photographs.

Sellers are responsible for ensuring that all information, photographs and descriptions submitted to the Platform are accurate, complete and not misleading. The Watch Platform does not review, inspect, verify or validate listings before they are published.

The Watch Platform does not provide indicative valuations, market valuations or pricing guidance. Dealers independently determine the value of each watch and submit bids based upon the information provided by the Seller.

6. Dealer Bidding

Once a listing is published, verified Dealers may submit confidential bids during the bidding period selected by the Seller.

Dealers cannot view competing bid values but may see the number of bids that have been submitted on a listing. Dealers may revise or increase their own bids at any time before the bidding period expires.

The Seller is under no obligation to accept any bid received and may reject all bids without charge.

Until the applicable Platform Fee has been paid, the identity and contact details of all bidding Dealers will remain confidential and will not be disclosed to the Seller.

7. Platform Fee and Accepting a Bid

Only Sellers are liable to pay a fee for using the Platform. Dealers are not charged any fees by The Watch Platform for registering, browsing listings, submitting bids or otherwise using the Platform.

If a Seller chooses to accept a Dealer's bid, the Seller must first pay The Watch Platform's Platform Fee before the identity and contact details of the successful Dealer will be released.

The Platform Fee is calculated at 1.5% of the accepted bid amount, subject to a minimum fee of £25 and a maximum fee of £200, in each case plus VAT where applicable.

The Platform Fee is charged solely for the introduction service provided by The Watch Platform and is payable irrespective of how the Seller and Dealer subsequently complete their transaction, provided the introduction has been successfully made through the Platform. The Seller acknowledges and agrees that the Platform Fee becomes due upon acceptance of a Dealer's bid through the Platform, unless otherwise agreed by The Watch Platform in writing.

Payment of the Platform Fee purchases only the introduction to the successful Dealer. It does not form part of the purchase price of the watch and is not held on behalf of either party. Once the Platform Fee has been paid and the successful Dealer's details have been released, The Watch Platform's introduction service has been fully performed.

7.1 Non-Refundable Platform Fee

The Platform Fee is non-refundable in all circumstances, including where:

  • the Seller or Dealer decides not to proceed with the transaction;
  • the Dealer revises their offer following inspection of the watch;
  • the parties are unable to agree revised terms;
  • the transaction does not complete for any reason;
  • either party withdraws from the transaction; or
  • a dispute subsequently arises between the Seller and the Dealer.

8. Continuing Obligation to Pay the Platform Fee

Where a Seller has been introduced to a Dealer through the Platform following acceptance of a bid and payment of the Platform Fee, any subsequent sale or agreement to sell the same watch between that Seller and Dealer within twelve (12) months of the introduction shall be deemed to have resulted from The Watch Platform's introduction service.

The Seller acknowledges that the Platform Fee is earned upon the introduction being made and remains payable regardless of whether the sale is completed immediately, at a later date, privately, or on terms different from those originally proposed through the Platform.

The Seller must not seek to avoid payment of the Platform Fee by delaying, restructuring or completing the transaction outside the Platform after a Dealer has been identified through The Watch Platform.

If The Watch Platform reasonably believes that a Seller has attempted to circumvent the Platform or otherwise avoid payment of the Platform Fee, we reserve the right to recover the unpaid Platform Fee as a debt, together with any applicable VAT, interest, legal costs and any other reasonable costs incurred in enforcing our rights.

Nothing in this clause limits any other rights or remedies available to The Watch Platform under these Terms or at law.

9. Inspection, Authentication and Completion

Following the introduction, all further dealings take place directly between the Seller and the Dealer. The Dealer is solely responsible for:

  • inspecting the watch;
  • verifying its authenticity;
  • assessing its condition;
  • confirming ownership and provenance to its own satisfaction;
  • agreeing any revised purchase price;
  • arranging payment;
  • arranging collection or delivery; and
  • completing the purchase.

Dealers may revise or withdraw their offer where, following inspection, the watch differs materially from the description, photographs or information provided by the Seller.

The Watch Platform has no involvement in, and accepts no responsibility for, any aspect of the transaction after the introduction has been made.

10. Our Role Ends After the Introduction

The Watch Platform's services are fully performed once the Seller has paid the Platform Fee and has been introduced to the successful Dealer.

From that point onwards, any negotiation, inspection, authentication, valuation, payment, collection, transfer of ownership and completion of the sale are matters solely between the Seller and the Dealer.

The Watch Platform shall have no liability whatsoever in relation to:

  • whether a sale completes;
  • the agreed purchase price;
  • the condition or authenticity of the watch;
  • ownership or title;
  • payment arrangements;
  • delivery or collection;
  • disputes between the parties; or
  • any loss arising from the transaction.

11. Your Rights Under Consumer Law

If you are a consumer, you may have certain rights under applicable UK consumer protection legislation, including rights relating to services supplied online.

When you submit a watch listing through The Watch Platform, you request that we provide our introduction service to you. Our service consists of making your watch listing available to verified Dealers and facilitating the introduction process between you and a Dealer. Where you accept a Dealer's bid and pay the applicable Platform Fee, you expressly request that we provide the introduction service immediately.

You acknowledge and agree that once we have provided you with the identity and contact details of the Dealer whose bid you have accepted, our introduction service has been fully performed. At that point, you will have received the service you requested from The Watch Platform and, to the extent permitted by law, you will no longer have the right to cancel the service or receive a refund of the Platform Fee.

For the avoidance of doubt, the Platform Fee is payable for the introduction service provided by The Watch Platform and is not dependent on whether the sale of the watch between you and the Dealer subsequently completes. The Platform Fee is therefore non-refundable where:

  • you or the Dealer decide not to proceed with the transaction;
  • the Dealer changes their offer following inspection of the watch;
  • the watch does not meet the Dealer's expectations following inspection;
  • you and the Dealer cannot agree final terms;
  • payment arrangements between you and the Dealer fail; or
  • any dispute arises between you and the Dealer.

Nothing in these Terms affects any statutory rights you may have under applicable UK consumer protection laws.

12. Platform Content

The Platform, including all content, information, tools and functionality made available through it, is provided for general information and introduction purposes only.

The Watch Platform does not provide any valuation, financial, investment, legal or other professional advice relating to watches, their value, authenticity, condition, provenance or suitability for purchase or sale.

Nothing contained on the Platform should be interpreted as a recommendation, endorsement or guarantee of any Seller, Dealer, watch, listing, bid or transaction. The Watch Platform does not recommend or endorse any Dealer and does not guarantee the suitability, reliability, financial standing, conduct or performance of any Dealer using the Platform.

Sellers and Dealers are responsible for carrying out their own enquiries, obtaining independent advice where appropriate, and making their own decisions before entering into any transaction.

13. User Content

By submitting content to the Platform or otherwise providing information to us, including watch descriptions, photographs, documents, images, communications or any other material ("User Content"), you grant The Watch Platform a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, display and process that User Content solely for the purposes of operating, promoting and improving the Platform and providing our services.

This licence allows us to:

  • display listings on the Platform;
  • make listings available to verified Dealers;
  • facilitate introductions between Sellers and Dealers;
  • improve the functionality and operation of the Platform; and
  • use content for marketing and promotional purposes relating to The Watch Platform.

You confirm and warrant that:

  • you own or have the necessary rights and permissions to submit the User Content;
  • the information you provide is accurate and not misleading;
  • the User Content does not infringe the rights of any third party; and
  • the User Content does not contain unlawful, defamatory, offensive or otherwise inappropriate material.

The Watch Platform does not verify, authenticate or independently confirm the accuracy of User Content submitted by Sellers or Dealers.

Any personal data provided through the Platform, or collected by us when you use our services, will be processed in accordance with our Privacy Policy.

14. Our Intellectual Property

The Watch Platform and its licensors own all intellectual property rights in and relating to the Platform, including the Platform software, website design and functionality, databases, branding, logos, trademarks, text, graphics, layouts, and the systems and technology used to operate the Platform. All rights are reserved.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform solely for its intended purpose and in accordance with these Terms.

You must not:

  • copy, reproduce or modify any part of the Platform;
  • use the Platform or its content for commercial purposes without our written permission;
  • extract or commercially exploit data from the Platform; or
  • attempt to reverse engineer or interfere with the operation of the Platform.

15. Tackling Fraud and Criminality

The Watch Platform takes fraud, unlawful activity and misuse of the Platform seriously.

To protect the integrity of the Platform, we carry out checks on Dealers before allowing them to access the Platform. These checks are intended to confirm that Dealers are genuine trading businesses with an established trading history. However, The Watch Platform does not carry out identity verification, ownership checks, authentication checks, anti-money laundering checks or transaction monitoring on Sellers.

Sellers and Dealers remain solely responsible for ensuring that they comply with all applicable laws and regulations, including any obligations relating to ownership, authenticity, payment, taxation, anti-money laundering requirements and lawful trading.

15.1 Lawful Use

You must not use the Platform to list, offer, advertise, purchase or attempt to sell any watch which you know, or reasonably ought to know, is:

  • counterfeit or inauthentic;
  • stolen or unlawfully obtained;
  • subject to a dispute regarding ownership;
  • connected to fraudulent activity;
  • connected to the proceeds of crime; or
  • otherwise unlawful.

You must not provide false, misleading or incomplete information about any watch, including its authenticity, ownership, condition, history, provenance, documentation or modifications.

15.2 Our Rights

We reserve the right to suspend, restrict or remove access to the Platform where we reasonably suspect:

  • fraudulent activity;
  • unlawful behaviour;
  • misuse of the Platform;
  • misleading information being provided;
  • attempts to circumvent Platform Fees; or
  • activity that may harm the integrity or security of the Platform.

Where we reasonably suspect fraud, criminal activity, misuse of the Platform, attempts to circumvent Platform Fees or any breach of these Terms, we further reserve the right to remove listings or content, refuse access to our services, withhold release of Dealer information where appropriate, and take any legal action available to us.

Where required or permitted by law, we may cooperate with law enforcement authorities, regulators or other competent authorities and may disclose relevant information where legally justified.

16. Complaints and Dispute Resolution

If you have a complaint relating to The Watch Platform or our services, please contact us using the details provided on the Platform. We will make reasonable efforts to investigate and respond to complaints within a reasonable timeframe.

Where a complaint relates to a transaction between a Seller and Dealer, including disputes regarding authenticity, condition, ownership, payment, price, collection, delivery, completion of the sale, or any agreement between the parties, such matters must be resolved directly between the Seller and Dealer. The Watch Platform is not a party to any transaction between Sellers and Dealers and does not provide dispute resolution services between them.

Nothing in these Terms limits your right to bring proceedings before a court of competent jurisdiction.

17. Warranties About the Platform

The Platform and all content made available through it are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, The Watch Platform does not provide any warranty, representation or guarantee that:

  • the Platform will always be available;
  • the Platform will operate without interruption;
  • information provided by Sellers or Dealers will be accurate, complete or current;
  • listings will be genuine, accurate or suitable;
  • watches listed on the Platform will be authentic, accurately described or legally owned;
  • Dealers or Sellers will complete any transaction; or
  • any bid submitted will result in a completed sale.

The Watch Platform may suspend, restrict or temporarily disable access to the Platform for maintenance, updates, security reasons or operational purposes. We do not guarantee that the Platform will be free from errors, bugs, viruses or other harmful material. Users are responsible for ensuring that their own devices and systems are appropriately protected.

18. Exclusions and Limitations of Liability

Any agreement for the purchase and sale of a watch is solely between the Seller and the Dealer. The Watch Platform accepts no responsibility or liability for any act, omission, failure, dispute or loss arising from the relationship or transaction between a Seller and Dealer, including without limitation:

  • failure of a Dealer to complete a purchase;
  • failure of a Seller to complete a sale;
  • changes to bids following inspection;
  • disputes regarding authenticity, condition, or ownership or provenance;
  • payment disputes;
  • collection or delivery issues;
  • fraud or misrepresentation by users; or
  • loss arising from any transaction conducted outside the Platform.

Our liability is limited to the service we provide, being the introduction service between Sellers and Dealers. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with your use of the Platform shall not exceed the Platform Fee paid by you to The Watch Platform in connection with the relevant introduction.

We shall not be liable for any indirect or consequential loss, loss of profit, loss of opportunity, loss of business, loss of goodwill, disappointment, distress, wasted expenditure or compensation for time spent dealing with disputes.

Nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • breach of statutory rights that cannot legally be excluded; or
  • any other liability that cannot be excluded or limited under applicable law.

19. Indemnification

19.1 Seller / User Indemnification

You agree to indemnify and keep indemnified The Watch Platform, together with our affiliates, directors, officers, employees, agents, contractors and suppliers, against any losses, liabilities, claims, damages, costs, expenses, penalties or reasonable legal fees arising out of or in connection with:

(i) your breach of these Terms; (ii) any information, description, photograph or other content you submit to the Platform which is inaccurate, misleading, unlawful or infringes the rights of any third party; (iii) your listing, offering, attempting to sell or facilitating the sale of a watch which you do not have the legal right or authority to sell; (iv) any fraudulent, dishonest or unlawful activity carried out by you through or in connection with the Platform; (v) your attempt to avoid payment of any Platform Fee properly due to The Watch Platform; (vi) any infringement by you of our intellectual property rights or the intellectual property rights or other rights of any third party; or (vii) any claim, loss or liability arising from your dealings with another user of the Platform.

This indemnity does not apply to the extent that any loss is caused by our own negligence, fraud, breach of these Terms or unlawful acts.

19.2 Dealer Indemnification

Dealers agree to indemnify and keep indemnified The Watch Platform, together with our affiliates, directors, officers, employees, agents, contractors and suppliers, against any losses, liabilities, claims, damages, costs, expenses, penalties or reasonable legal fees arising out of or in connection with:

(i) any breach by the Dealer of these Terms; (ii) any inaccurate, incomplete or misleading information provided by the Dealer, including information relating to its identity, business activities, trading history, status or authority to operate as a watch dealer; (iii) any bid, offer or communication submitted by the Dealer through the Platform; (iv) any failure by the Dealer to honour, complete or properly perform any agreement or transaction entered into with a Seller; (v) any dispute between the Dealer and a Seller, including disputes relating to authenticity, condition, ownership, provenance, payment, collection, delivery or completion of a purchase; (vi) any fraudulent, dishonest, unlawful or improper conduct by the Dealer in connection with the Platform or any transaction arising from an introduction made through the Platform; (vii) any breach by the Dealer of applicable laws, regulations or industry requirements, including any obligations relating to lawful trading, anti-money laundering requirements, sanctions compliance or consumer protection obligations where applicable; or (viii) any attempt by the Dealer to circumvent The Watch Platform, avoid applicable Platform Fees, or otherwise use information obtained through the Platform to complete transactions outside the Platform in breach of these Terms.

Dealers acknowledge and agree that:

  • The Watch Platform does not guarantee that any Seller will complete a transaction;
  • The Watch Platform does not verify, authenticate, inspect or guarantee any watch listed on the Platform;
  • The Watch Platform does not act as an agent, broker or representative of the Dealer; and
  • all inspections, authentication checks, valuations, negotiations, payments, collections and purchase decisions are the sole responsibility of the Dealer and Seller.

This indemnity does not apply to the extent that any loss is caused by our own negligence, fraud, breach of these Terms or unlawful acts. The obligations contained in this clause shall continue notwithstanding the termination or suspension of a Dealer's access to the Platform.

20. General

Nothing in these Terms is intended to exclude or limit any rights you may have under mandatory applicable law, including any consumer protection rights which cannot lawfully be excluded.

If we do not immediately enforce a right or require you to perform an obligation under these Terms, or if we delay taking action in relation to any breach of these Terms, this does not prevent us from enforcing that right or taking action at a later date.

If any provision or part of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant provision shall be deemed removed without affecting the validity and enforceability of the remaining provisions.

You acknowledge and agree that damages may not be an adequate remedy for certain breaches of these Terms. Accordingly, The Watch Platform may seek appropriate remedies, including injunctive relief, specific performance or other equitable remedies, where a serious or continuing breach occurs.

These Terms and any contract formed under them are concluded in the English language.

21. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including their subject matter, formation, or any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where mandatory applicable law provides otherwise — for example, where a consumer resident in Scotland or Northern Ireland is entitled under applicable consumer protection law to bring proceedings in their own local courts, in which case that mandatory right is not excluded by this clause.

Nothing in this clause affects any statutory right you may have to bring proceedings in your country of residence where you are a consumer and mandatory law grants you that right, and nothing in this clause limits your right to bring proceedings before a court of competent jurisdiction as set out in Section 16 (Complaints and Dispute Resolution) above.