Terms and Conditions of Sale
1. Definitions
1.1 Sumac Watches, the owner of www.sumacwatches.com, is a registered partnership and is the supplier of any Goods or Services supplied via www.sumacwatches.com
1.2 'Us’, ‘We’ and ‘Our’ refer to our business - Sumac Watches
1.3 ‘Good’ or ‘Goods’ relate to any items or goods (including any instalment of goods or any parts for them) which we are to supply in accordance with these Conditions. 'Services' relates to any other service provided by Sumac Watches, such as repairs. For the purposes of these Terms and Conditions, 'Goods' shall be deemed to refer to both 'Goods ' and 'Services'.
1.4 ‘Conditions’ relates the conditions of sale set out in this document and the associated contractual documents referred to in Section 2.2, and any special and/or additional conditions agreed in writing by us.
1.5 ‘Customer’ or 'Buyer' refers to the person whom purchases Goods or Services from us from us or whose order for the Goods is accepted by us.
2. Purchasing from Sumac Watches
2.1 By purchasing an item via www.sumacwatches.com you are entering into a binding contract between yourself as the Buyer (as named on the order confirmation and invoice) and Sumac Watches as the seller. Our business address is provided on the webpage footer. We can be contacted via the contact form on the website, or by the contact details provided with the order confirmation and also supplied with the Goods.
2.2 Our terms of sale are set out here, and together with our Shipping Policy, Returns, Cancellations and Refunds Policy, Guarantee Policy, Privacy and Cookies Policy, Website terms and Conditions, order confirmation and invoice, form the contract between the parties.
2.3 You may access the Terms and Conditions of Sale and other contractual policies at any time via this website and may copy/download the relevant content which you may retain for your records.
2.4 By purchasing from Sumac Watches you are agreeing to the terms and conditions of the contract as set out on this page and the other pages linked/referenced above.
2.5 If you do not agree to the terms as set out on this page and the other linked pages that form part of the contract, then do not proceed with your purchase.
2.6 It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us via the contact form.
3. Conditions of Sale
3.1 These conditions apply to the sale of all Goods by Sumac Watches to the Buyer to the exclusion of all other terms or conditions the Buyer may wish to apply unless agreed in writing by Sumac Watches.
3.2 Sumac Watches does not make any representations concerning the Goods and in placing an order the Buyer acknowledges that the purchase does not rely on any such representations unless confirmed by Sumac Watches in writing.
3.3 No contract for the sale of Goods shall arise until Sumac Watches dispatches the Goods to the Buyer.
3.4 After full payment for goods has been received by us the ownership of goods passes from us to the customer. All goods remain our property until full payment is received for any goods purchased.
3.5 Completion of payment for the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
3.6 We take care to ensure accuracy when describing the condition and technical details of items offered for sale. We also provide additional contextual information of a historical nature, such as the number of units issued and the armed services to which the items were issued, for example. This information is, to the best of our knowledge, accurate. However, but due to the vintage/historical nature of many of the Goods offered for sale, information provided may not always be definitive (due to gaps in historical records, contradictory information from different sources etc.) and buyers should take reasonable care to verify such information provided from available sources/references where this information is considered material to the purchasing decision.
3.7 Occasionally we may, at our discretion, make changes to these Terms and Conditions. By continuing to use our services after any changes are made, you are expressing and acknowledging your acceptance of these changes.
4. Pricing
4.1 All prices of the goods displayed on our site are subject to change without prior notice.
4.2 All prices given in any literature, price list, on the Sumac Watches website, on associated social media or quoted in direct communications, including special offers and promotions, are strictly subject to availability. The Buyer should in all cases confirm the price at the time of order. The latest price of an item will always be updated and reflected in your 'shopping bag' prior to placing your order including saved for later items. By placing an order, you are accepting our terms and conditions of trading. Your existing statutory rights are not affected by these conditions.
4.3 Sumac Watches is not VAT registered and prices displayed on our site are not subject to VAT.
4.4 Shipping charges are quoted when checking out through our website. The charge is based on a combination of destination, value, and postal service. Details of our shipping policy and prices are contained on the Shipping page
5. Payment
5.1 Full payment for Goods must be made at the point of ordering, unless you select bank transfer as payment method at checkout (in which case you will be sent a payment link via email), or otherwise unless agreed with Sumac Watches in advance, in writing.
5.2 When purchasing by credit or debit card via the website your card details are sent directly to the card processing company 'Stripe' (in an encrypted file which is not human readable) for processing and authorisation. The card processing company will store saved card details on their servers in an encrypted file (not human readable).
6. Stock Availability
6.1 Goods listed as in stock are usually available from stock ready for dispatch. However if goods are listed, this is not a guarantee that they can be dispatched from stock, as website listings may require a short interval to update after sales, or items tested prior to despatch may be found to require further adjustment before sale (for example).
7. Shipping
7.1 The method of dispatch for all orders will be at Sumac Watches' discretion unless expressly agreed otherwise at the point of order and is described in the separate Shipping policy
7.2 Charges for and the timing of all deliveries will be at Sumac Watches discretion. Any promotional offers in respect of delivery charges shall only apply to UK mainland.
7.3 Sumac Watches shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any delivery date. Any quoted delivery date should be treated as an estimate. The Goods may be delivered by our nominated carrier before or after any quoted date.
7.4 A carrier's first attempt to deliver shall be considered as the delivery date.
7.5 Goods will be sent to the delivery address notified at the time of order. The Buyer is responsible for any arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
7.6 Should the Buyer fail to take delivery of the Goods, resulting in the return of Goods to Sumac Watches, without prejudice to any other right or remedy available to Sumac Watches, we may do any or all of the following:-
7.6.1 Store the Goods on behalf of the Buyer until delivery can reasonably be arranged.
7.6.2 Cancel the order and re-stock the Goods. Any return charges incurred by Sumac Watches from the carrier will be passed on or deducted from the order value.
7.7 Contents damaged during transit or missing must be reported to Sumac Watches via the contact form our website or by email (address supplied with the Goods or reply to order confirmation email) within 3 days of delivery.
8. Non-UK Deliveries
8.1 In addition to the conditions above, the following will apply to Goods ordered by any Buyer located outside the UK or Goods delivered to an Address outside the UK.
8.2 The Buyer is responsible at their expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
8.3 The Buyer is responsible for any import or export duties, taxes or any other such charges as levied by any compliant authority.
8.4 For the avoidance of any doubt any contract regarding the supply of Goods by Sumac Watches will be governed solely by the applicable Scottish and UK law and the Buyer agrees to submit to the exclusive jurisdiction of the Scottish Courts.
8.5 Further details of shipping costs and methods for UK and non-UK buyers are contained on the Shipping page of the website, which forms part of the contract to supply Goods between the Buyer and Sumac Watches.
9. Items Not Received or Damaged
9.1 In the event that items are not received, please contact us within 48 hours of the expected delivery date via the contact form on the website or by replying to the order confirmation email.
9.2 Contents damaged or missing during transit must be reported to Sumac Watches via the contact form our website or by email (address supplied with the Goods or reply to order confirmation email) within 3 days of delivery.
9.3 Also see the Shipping policy for further details of terms relating to items not received or damaged.
10. Returns
10.1 Any goods returned must be in their original condition and packaging.
10.2 Full details of our Returns, Cancellation and Refunds policy are available on the website and form part of the contract to supply Goods which exists between the Buyer and Sumac Watches once full payment for the Goods has been made.
11. Guarantee
11.1 Sumac Watches offers a 6 month non-waterproof guarantee on all timepieces.
11.2 The full terms of the guarantee are available on the Guarantee page and together with these Terms and Conditions of Sale and the other contractual documents indicated in Section 2.2 of these Terms and Conditions, form the contract to supply Goods which exists between the Buyer and Sumac Watches once full payment has been made.
12. Ownership and Risk
12.1 Sumac Watches remains the owner of any Goods ordered by the Buyer until Sumac Watches has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by Sumac Watches to the Buyer for which payment is due.
13. Returns, Cancellations and Exchanges
13.1 Buyers may return Goods within 14 days of receipt and must notify us in writing of the request. Goods must be returned (at the Buyer's expense) within 14 days of the notification. A refund will be made with 14 days of us receiving the returned Goods, including the original shipping costs.
13.2 Goods supplied by Sumac Watches must not be returned without the prior notification.
13.3 Due to the nature of certain items they are sold on a no return, no refund basis, including items that are made of natural materials and/or of a hygienic nature that are supplied correct to order.
13.4 The condition of Goods is often reflected in the selling price. It is reasonable that the Buyer understands the relationship between condition and price, especially for vintage/used collectible items.
13.5 The Buyer will be liable for the cost of remedying any damage to or loss of Goods returned where such damage or loss has, in the opinion of Sumac Watches, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault.
13.6 Goods not normally held in stock by Sumac Watches or that are subject to special order may not be returned and no such order may be cancelled.
13.7 Contracts to which the DSRs (distance selling regulations) do not apply include selling products and services to other trade buyers (Businesses).
13.8 Full terms of returns, cancellations and exchanges are set out in the separate Returns, Cancellation and Refunds Policy which is available on this website and which together with these Terms and Conditions of Trading and the other associated contractual documents referred to in Section 2.2 above form the contract between the Buyer and Sumac Watches.
14. Statutory Rights
14.1 Your statutory rights are integral to these Terms and Conditions of Sale and the associated contractual documents referred to in Section 2.2 and are unaffected by them.
14.2 Your statutory rights are set out in the relevant Regulations and Acts of Parliament. For further clarification on your rights as a consumer and on distance selling visit the Citizens Advice Bureau website, other consumer websites or the relevant .gov.uk webpages.
15. Enforceability
15.1 Should any of these terms or conditions be held to be unenforceable or invalid in whole or in part the remainder of the terms and conditions will not be affected.
16. Jurisdiction
16.1 Any contract arising from the agreement of Sumac Watches to supply Goods to the Buyer shall be governed by the applicable laws of the UK and Scotland and the Buyer agrees to submit to the exclusive jurisdiction of the Scottish courts.
17. Intellectual Property
17.1 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Sumac Watches website www.sumacwatches.com without the express written permission of Sumac Watches.
17.2 All material published on www.sumacwatches.com, including text, images and other content, is the intellectual property of Sumac Watches. Copyright for all material published on the site belongs to Sumac Watches unless otherwise stated.
17.3 Full terms for the use of the website www.sumacwatches.com are covered in the separate Terms and Conditions of Use (website).
18. Privacy and Personal Data
18.1 Sumac Watches will never sell, trade or exchange your data with unauthorised parties. Any information that you provide to Sumac Watches is subject to our Privacy and Cookies Policy which governs our collection and use of your information. It is understood that through your use of the service we provide that you consent to the collection and use (as outlined in the Privacy and Cookies Policy) of this information.
18.2 As part of providing you with the services we offer, we may need to provide you with certain communications, such as invoice or order status messages. These communications are considered part of the service we offer and which you may not be able to opt-out from receiving.
18.3 Sumac Watches will retain some personal data provided during the purchasing process for legal requirements relating to business records and for use in case of handling returns or repairs, for example. No sensitive personal data or financial/banking data will be retained.
18.4 Data will only be collected and retained where there is a lawful basis to do so.
18.5 No personal data will be shared with any third parties for any reason other than executing the contracted services, such as the shipping of sold items. Data will not be shared with third parties for any other use except where there is a legal requirement to do so (e.g. a Police investigation).
18.6 Your personal data will not be used by us for marketing purposes without your consent and will never be shared with any third party for such purposes
18.7 Personal data will be held for a maximum of 7 years from the date of the last transaction and will then be permanently deleted.
18.8 Any data retained by Sumac Watches will be held securely and will not be accessible to anyone except the Partners or authorised third parties, for example, for the purpose of shipping purchased items or repaired items.
18.9 You have the right to request that your personal data held by Sumac Watches is permanently deleted from our systems.
18.10 Further details of how your data is collected and used when visiting our website is contained in our Privacy and Cookies policy.