Legal

CHANCERY WATCH HOUSE – TERMS AND CONDITIONS OF USE Last Updated: 10 September 2022 1. Introduction and Acceptance of Terms

1.1. Chancery Watch House (the "Platform", "We", "Us", "Our", "CWH") is an online marketplace operated by Chancery Watch House.

1.2. These Terms and Conditions ("Terms") govern your access to and use of the website located at https://chancery-watch-house.com/

1.3. By accessing the Platform, browsing, registering an account, listing an item for sale ("Seller"), or placing an order ("Buyer") (collectively, "Users"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

 2. The Role of Chancery Watch House

2.1. CWH as a Venue and Facilitator. The Platform operates solely as an online venue to connect Buyers and Sellers of pre-owned timepieces ("Items"). We provide facilitation services, including payment processing and a digital verification protocol.

2.2. No Party to the Contract of Sale. When a transaction occurs, the legally binding contract for the sale of the Item is exclusively between the Buyer and the Seller. CWH is not a party to that contract. We are not the seller of record, nor do we act as an agent, partner, or auctioneer for any User.

2.3. No Possession or Ownership. CWH never takes ownership, title, or physical possession of any Items listed on the Platform. We do not physically handle, store, or ship the Items. Logistics are arranged between the Seller and Buyer using approved carriers.

2.4. Disclaimer of Control. We do not have control over, and do not guarantee: (a) The existence, quality, safety, authenticity, or legality of Items advertised; (b) The truth or accuracy of Users' content or listings; (c) The ability of Sellers to sell Items or the ability of Buyers to pay for them; or (d) That a Buyer or Seller will actually complete a transaction.

3. The Digital Verification Protocol (DVP)

3.1. CWH facilitates a "Digital Verification Protocol" (DVP) whereby Sellers submit digital assets (photographs, videos, and documentation) for remote review by our team prior to authorizing dispatch.

3.2. Nature of the DVP. The DVP is a limited assessment based solely on the digital assets provided by the Seller. It constitutes a professional opinion based on the remote evidence presented. It is not a physical, mechanical, or forensic inspection of the Item itself.

3.3. Reliance on Seller Integrity. The DVP relies entirely on the honesty, accuracy, and completeness of the digital assets submitted by the Seller. CWH is not responsible for, and cannot detect, manipulated imagery, undisclosed defects, or if the assets submitted do not represent the actual Item being sold.

3.4. DISCLAIMER OF GUARANTEE. Due to the inherent limitations of remote assessment and the sophistication of counterfeiting, the DVP is NOT A GUARANTEE, WARRANTY, OR CERTIFICATION OF AUTHENTICITY, PROVENANCE, MECHANICAL INTEGRITY, OR CONDITION. CWH expressly disclaims any liability for Items found to be counterfeit, containing non-original parts, or not as described, notwithstanding the completion of the DVP.

3.5. No Liability for Verification Errors. CWH, its employees, or specialists shall not be liable for any errors, omissions, or inaccuracies in the DVP assessment. Buyers rely on the DVP entirely at their own risk.

4. Seller Obligations and Warranties 

4.1. By listing an Item, the Seller warrants and represents that: (a) They are the legal owner of the Item and have the unrestricted right to sell it. (b) The Item is authentic and not a counterfeit, replica, or stolen property. (c) The description, condition report, and all digital assets submitted for the DVP are accurate, current, complete, and not misleading. (d) The Item is free from any liens or encumbrances. 

4.2. The Seller is solely responsible for the safe packaging and shipment of the Item using the approved, tracked, and insured courier service. CWH is not liable for any loss or damage during transit.

5. Buyer Obligations and Acknowledgement of Risk

5.1. Caveat Emptor (Buyer Beware). The Platform operates on a "buyer beware" basis. Buyers are solely responsible for conducting their own due diligence and reviewing all listing information before committing to a purchase.

5.2. The Buyer acknowledges the inherent risks detailed in Section 3 (limitations of the DVP) and accepts the risks associated with purchasing high-value, pre-owned goods based on remote assessments.

5.3. The Buyer acknowledges that their primary recourse for issues concerning the Item itself (authenticity, condition) is against the Seller.

6. Payments and Escrow

6.1. CWH provides an Escrow service to facilitate payments. Funds are held by CWH until the Buyer confirms receipt and satisfaction within the defined inspection period.

6.2. CWH acts solely as a payment facilitator. The provision of the Escrow service does not make CWH a party to the transaction or a trustee for the Users, nor does it imply any guarantee of the Item’s quality or authenticity.

6.3. CWH is not responsible for resolving disputes between Users. In the event of a dispute, CWH reserves the right to hold the funds until the dispute is resolved between the Buyer and Seller or a legal determination is made.

7. Limitation of Liability

7.1. Services Provided "AS IS". The Platform and all services (including the DVP and Escrow) are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2. Exclusion of Liability. To the fullest extent permitted by applicable law, CWH, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, resulting from: (a) Your use or inability to use the Platform; (b) The authenticity, quality, legality, or condition of any Item purchased or sold; (c) Errors, omissions, or reliance on the DVP; (d) Disputes arising between Buyers and Sellers; (e) Delays or disruptions in our Services or third-party logistics; (f) Unauthorized access to or alteration of your data.

7.3. Financial Cap on Liability. If, notwithstanding the other provisions of these Terms, CWH is found to be liable for any loss or damage, our total aggregate liability shall be strictly limited to the greater of (a) the total amount of fees (commission) retained by CWH in relation to the specific transaction giving rise to the claim, or (b) £100.00 (One Hundred Pounds Sterling).

7.4. Statutory Rights. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation by CWH, or any other liability which cannot be limited or excluded by English law.

8. Indemnification

8.1. You agree to indemnify, defend, and hold harmless Chancery Watch House Ltd., its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) Your access to or use of the Platform; (b) Your breach of these Terms; (c) Any Item you list, sell, or purchase on the Platform (including claims related to authenticity or misrepresentation); (d) Your violation of any law or the rights of a third party.

9. Disputes Between Users and Release

9.1. Any dispute arising between a Buyer and a Seller must be resolved directly between those parties. CWH is under no obligation to mediate or resolve disputes.

9.2. Release. You hereby release CWH (and our officers, directors, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between Users of the Platform.