Terms & Conditions

This is the long legal bit where things get very technical! We like to make sure that everything is thought through so that you get security and confidence in your dealings with us... and that's what these T&Cs offer.

That said, life doesn't always read like a set of legal conditions, and we appreciate that not every situation fits neatly into a box. So if you have any questions or issues, just get in touch and we'll be happy to talk it through. The legal stuff is important, but even more important is making sure that you've had a great experience.

1.0.0. Buy A Watch

By ordering any of our Goods, you agree to be bound by these terms and conditions.

All Goods shown on our Website are subject to availability. If the Goods are unavailable we will let you know and refund any payment made within 5 working days.

Some Goods may not be available for dispatch until Work has been completed. We will let you know within 3 working days of your purchase if this applies to your Order. We will endeavour to complete work quickly and let you know the latest timelines; however, due to our reliance on third-parties, work may take up to 2 months. You are entitled to cancel and receive a full refund during this period should you wish.

We cannot guarantee that boxes and/or other packaging supplied are authentic or original to the watch and any aftermarket packaging may vary from that shown on listing images.

1.1.0. Payment

The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.

Goods may be incorrectly priced in error. If this occurs we will contact you as soon as possible to notify you. If the listed price is higher than the true price we will refund you the balance and proceed with the order. If the listed price is lower than the true price then we will give you the option to pay the balance or cancel the order. If we do not hear back from you within 3 working days we will assume the order is cancelled.

If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Goods and we will not carry out any refunds until authorised by our bank

1.2.0. Shipping

Deliveries are made using a courier of our choice (usually Royal Mail Special Delivery service or DHL Express. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions.

A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.

We will deliver the Goods to the delivery address given in your Order. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder, though we will use reasonable endeavours to send the Goods to a work address where requested provided you comply with our dispatch department’s reasonable instructions.

Goods may be collected from our offices but by appointment only for security reasons.

1.3.0. Customs

If you are based outside the UK, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Goods. 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 might apply to your Order, you should contact your local tax or customs office for further information.

1.4.0. Warranty

Unless otherwise stated, watches with a realised sale price of greater than £750 are accompanied by either a ‘Full’ or ‘Limited’ 12 month warranty (the “Warranty”) from the day that the watch is shipped, protecting against manufacturing and mechanical defects, subject to the following terms and conditions. Watches with a realised sale price of less than £750 are not covered by the Warranty unless otherwise stated.

1.4.1. Extent of Cover

Notwithstanding exclusions detailed in Section 2.0., the Warranty covers the following instances of damage and repair:

  • Full mechanical failure such that the movement ceases to run at all
  • Deterioration of mechanical performance below the tolerance limits listed in Section 2.0.
  • Battery replacement in quartz watches where the battery has entirely run out of power

All other issues are not covered under the Warranty. These include but are not limited to:

  • Aesthetic damage to any part of the watch including but not limited to the case, bezel, dial, hands, bracelet / strap, case back, movement, glass / plexi, pushers, crown
  • Deterioration of the mechanical performance within the tolerance limits listed in Section 2.0.
  • Repair of the crown including but not limited to failure to set functions and wear of threading
  • Any particulars that are highlighted in the product description or visible in the product photos

In the event of a claim against your Warranty, we will refund, repair or replace your watch at our sole discretion. Time will not be of the essence for completion of any works carried out under Warranty.

 

1.4.2. Exclusions

The Warranty is subject to exclusions, under which the Warranty is no longer valid. These exclusions include instances where:

  • The watch is stolen or lost
  • The watch suffers normal wear-and-tear, or is damaged by accidents, mishandling (including dropping of the watch), mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions)
  • The watch is keeping time within normal tolerances (+/-60 seconds per day for Full Warranty or +/-120 seconds per day for Limited Warranty)
  • The watch endures water damage of any kind
  • The watch case has been opened up to expose the movement or any other internal part, either by yourself or a third-party
  • The watch case has had tests carried out on it, either by yourself or a third-party
  • Parts / components associated with the watch have been replaced, removed, or added

We have the final decision on all claims against our Warranty. If any dispute arises in connection with the Warranty, we reserve the right to instruct an independent third party watchmaker nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our Warranty, where such recommendations conflict with our advice.

1.4.3. Shipping and Logistics

You must securely deliver the watch to our service centre as advised and with adequate insurance, whether for the health check or to claim against your Warranty or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the UK and have a valid claim against your Warranty, we will not make a charge for the postage and packaging costs of returning the watch to you (unless the work involves battery replacement only). We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for work carried out under Warranty if you are based outside of the UK, or if a valid Warranty claim is not found on inspection of the watch. We withhold the right to retain your watch until payment for the return shipment has been received.

If you experience an issue with your watch that qualifies within our warranty and was present when the watch was first sold, we will cover the cost of shipping both ways (back to us for repair and then out to you again), so long as the issues is identified within 30 days. For all other claims, you will be expected to pay for the cost of shipping the item back to us (one way only) so long as the claim is found to be successful and you are based in the EU - non-EU customers must pay for all shipping associated with warranty claims.

If you return a watch to us and it is found to not have any issues that qualify within our warranty we reserve the right to issue additional charges to have the watch returned to you.

If you are based outside of the United Kingdom, you may have to pay import duty or other taxes, fees and charges applied by customs or other authorities of your country for work done under Warranty, particularly if you do not correctly complete the relevant declarations.

Delivery of the watch will be completed when we deliver the watch to the address given in your order or when the watch is collected from our offices (by you or your representative).

If you arrange for another courier to collect the watch, delivery will be completed when the watch is collected from our offices. This means that we will not be responsible if the watch is lost or damaged in the course of transit.

The watch will be your responsibility from the completion of delivery.

1.4.4. Additional Terms & Conditions

Your Warranty will be registered to your current postal address. To ensure your Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient.

Our Warranty does not include watches that remain under cover of the Manufacturers warranty. If your watch is returned to us due to a valid claim against our Warranty whilst it is still protected by the manufacturer warranty, we reserve the right to proceed with the works through the manufacturer warranty in the first instance.

Your Warranty is personal to you and is non-transferable. The Warranty is in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

If you wish to make a claim against your Warranty, please contact a member of our servicing team by calling 020 3857 4792 or emailing support@calibre-co.com

1.5.0. Watch Age

The listed ‘Year’ of a watch may be calculated according to the information stated on the manufacturer paperwork, or else estimated according to the serial number where possible. It is your responsibility to clarify what the stated ‘Year’ refers to, and we will not be liable for refunds if this has been misunderstood.

1.6.0. Returns

Goods may be returned within 14 days of the delivery date, defined as the time of delivery recorded by the delivery courier. Returns will only be valid if the Goods are totally unused and in the same condition that they went out in. We withhold the right to refuse refunds if we do not believe that this clause has been met. If Goods are fitted with a tamper-proof sticker, removal of this sticker will result in loss of rights to return. Goods cannot be returned after the 14 day period for any reason.

To exercise the right to cancel or return you must inform us, either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team (support@calibre-co.com).

Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.

If free return promotions are advertised this applies to orders within Europe only, and does not apply to countries in the rest of the world.

Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

If any Goods are found to be Faulty at the point of shipment from us, you will be given the option to request a refund, repair, or replacement of the Goods. We retain the right to choose which of these options is enacted.

You must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good. Return postage of faulty goods will be covered from anywhere in the world up to £15.

If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your watch, particularly if you do not correctly complete the relevant declarations (if based outside the EU, ordinarily you should mark the watch as a ‘return for repair’). You must comply with all laws and regulations of your country. 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 might apply to your order, you should contact your local tax or customs office for further information.

You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.

Provided that you comply with these terms, you will be refunded in full within 14 days of the date we receive the returned Goods. 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.

1.7.0. Our Right to Cancel

We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.

If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment, see clause 17).

1.8.0. Our Liability

We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.

Our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.

Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non-conforming digital content); sections 17 and 41 (trader right to supply); section 28 (delivery) and section 29 (passing of risk)).

1.9.0. 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 that is caused by Events Outside Our Control. This does not affect your legal rights.

An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.

1.10.0. Entire Agreement

These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

1.11.0. Waiver

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, 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.

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

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

1.12.0. Severability

If any court or competent authority decides that any of the provisions or paragraphs 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.

Right to Vary These Terms

We have the right to revise and amend these Terms from time to time.

You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies 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 terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).

1.13.0. Governing Law & Jurisdiction

These Terms 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 these terms or its subject matter or formation (including non-contractual disputes or claims).

Although you agree that these Terms are 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 these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with Calibre Co in a U.S. 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.

1.14.0. Our Details

Calibre Co is a trading name of DYNR Limited, whose registered office is at 2 Pendulum Mews, Hackney, London, E8 2LU, registered in England & Wales under company registration number 10836256.

 

2.0.0. Sell Your Watch

Any valuations are provided on a "subject to contract" basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.

On receipt of your watch at our offices, purchase of your watch is subject to due diligence checks including a search through The Watch Register (a subsidiary of the Art Loss Register) and also to an inspection. Please note: should your watch match an item on The Watch Register’s database of stolen watches then Calibre Co will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment will be made and you will be required to contact The Watch Register directly to resolve the issue. As soon as a clear check result is received, an inspection of your watch and any accompanying paperwork will then be carried out. We will then contact you with a final valuation for your watch.

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.

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.

2.1.0. Payment

The prices quoted by us and all payments made by us will be in Pounds Sterling. 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.

We will make payment to the bank account advised by you. 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.

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.

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” 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, you must refund us the full purchase price paid within 7 days of receipt of notice from us. If the sale involved a part-exchange, please see “Part-Exchanges” below.

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

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

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.

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 unmistakeable and could have reasonably been recognised by you as a mispricing, 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.

2.2.0. Delivery

You may arrange shipment of your watch to us through your own method at your own cost. Should you choose this delivery option, you will assume full liability for the watch until we confirm in writing that the watch has been received at our premises. This is entirely at your own risk.

Alternatively, UK sellers are entitled to free collection by a courier of our choice. This courier will be insured from the moment that you hand the packaged watch over to them.

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

If, when we receive the watch, we identify some issues that will negatively effect its value, we will get in touch to discuss this with you, and may make a reduced offer on the watch. If you decide to not accept the reduced offer, then you will be entitled to free return of the watch only if the issues could not have been expected to be identified by you in advance of shipment. We retain the right to determine that you were dishonest or negligent in your description of the item, in which case you will be liable for the cost of return shipping, and we may hold items until this payment has been made.

If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. You must comply with all laws and regulations of your country. 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 might apply to your order, you should contact your local tax or customs office for further information.

2.3.0. The Items

You will ensure that the items will:

  1. i) Correspond with their description;
  2. ii) 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

iii) Be free from defects in design, material and workmanship.

  1. iv) In some instances a non-manufacturer strap may be fitted to a watch.

2.4.0. Your Undertakings

You confirm that:

2.4.1. Information supplied by you
  1. i) All the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
  2. ii) 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;
2.4.2. Title
  1. i) The watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
  2. ii) The watch has not been reported to the manufacturer, police or any other authority as lost or stolen;

iii) The watch is not subject to an undisclosed finance agreement; and

  1. iv) No other person has any claim to the watch, whether legal, equitable, possessory or otherwise;
2.4.3. Condition
  1. i) There are no undisclosed physical defects with the watch;
  2. ii) The watch has not been an insurance “write-off” or subject to substantial remedial repairs;

iii) The watch has not been altered or tampered with;

2.4.4. Authenticity and provenance
  1. i) You accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and
  2. ii) The serial numbers and documentation are original, genuine and accurate.

You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.

2.5.0. Remedies

If the items do not comply with Section 2.3.0. (The Items) and the undertakings set out in Section 2.4.0. (Your Undertakings), then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:

  1. i) To terminate the contract;
  2. ii) To reject the items (in whole or in part) and return them to you at your own risk and expense;

iii) To require you to provide a full refund of the price of the rejected items (if paid);

  1. iv) To recover from you any costs incurred by us in obtaining substitute items from a third party; and
  2. v) To claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
  3. vi) Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.

2.6.0. 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 which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.

2.7.0 Loss or Damage

If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.

We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.

2.8.0. Our Liability

We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.

Our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.

Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non-conforming digital content); sections 17 and 41 (trader right to supply); section 28 (delivery) and section 29 (passing of risk)).

2.9.0. 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 that is caused by Events Outside Our Control. This does not affect your legal rights.

An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.

2.10.0. Entire Agreement

These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

2.11.0. Waiver

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, 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.

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

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

2.12.0. Severability

If any court or competent authority decides that any of the provisions or paragraphs 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.

Right to Vary These Terms

We have the right to revise and amend these Terms from time to time.

You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies 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 terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).

2.13.0. Governing Law & Jurisdiction

These Terms 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 these terms or its subject matter or formation (including non-contractual disputes or claims).

Although you agree that these Terms are 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 these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with Calibre Co in a U.S. 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.

2.14.0. Our Details

Calibre Co is a trading name of DYNR Limited, whose registered office is at 2 Pendulum Mews, Hackney, London, E8 2LU, registered in England & Wales under company registration number 10836256.