LAST UPDATED: 05.07.2023
Welcome to the Broadcast app store (the “Store”) provided and operated by DWL WORKSHOP LIMITED. (“DWL,” “we,” or “us”). Your purchase of watches available in the Store (“Products”) is your agreement to be bound to these DWL Terms and Conditions of Sale (“Terms”). Use of your personal information is governed by our Privacy Policy
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” “PURCHASE,” “COMPLETE ORDER,” OR BY OTHERWISE PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT PURCHASE THE PRODUCTS.
1. Availability
All Products offered on the Store are subject to availability and only available to residents of the United Kingdom, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed unless the incorrect price was a manifest error.
2. Accounts
In order to make a purchase via the Store, you may be required to provide us with some information about yourself, such as your name, email address, shipping address, and payment information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
3. Orders.
3.1 Products may be ordered via the Store by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay in Full” or “Reserve” button on the checkout page (each an “Order”).
3.2 After placing an Order, you will receive an acknowledgment from us that we have received your Order and give you an order reference number. Please note that this does not mean that your order has been accepted. Your Order constitutes an offer to us to buy the Products set out in the Order.
3.3 You may place an Order using one of two methods: ● “Pay in Full”: You may purchase the Products listed by paying the price listed in the Store. Subject to our acceptance of your Order, we will ship the Products to your delivery address using Royal Mail, subject to any additional delivery charges set out in the Store. ● “Reserve”: You may reserve Products listed in the Store by making a nonrefundable deposit of 10% of the Price of the Products (“Deposit”). If you reserve the Products by making a Deposit, you will be required to arrange for in-store collection of the Products.The balance of the Price will be due on collection. You must arrange for collection of the Products you have reserved within fourteen (14) days of the date your Order is accepted. If you fail to do so, you will lose your reservation and we may sell the Products to someone else.
3.4 All Orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Pay in Full” or “Reserve” button, you enter into an obligation to pay for the Products set out in the Order. Where we accept your Order, we will confirm such acceptance by sending you a confirmation that your Order has been dispatched (“Order Confirmation”) or the date on which you will collect the Products in-store.
3.5 The contract between you and us in relation to the Products set out in the Order (“Contract”) will only be formed when we send you the Order Confirmation.
3.6 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
4. Payment Terms
4.1 Price. The price of Products are as quoted on the Store from time to time. All prices are inclusive of VAT. Shipping costs (if any) will be expressly noted on the Store at the time of checkout. Prices and shipping costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. It is always possible that, despite our efforts, some of the Products or listed on the Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will offer to charge you the correct price for the Products or refund you for the incorrect price.
4.2 Payment. Payment for purchases of any of the Products offered on our Store (including any Deposit) must be made by credit or debit card on the checkout page. We accept payment by most major credit or debit cards. By providing a credit card or other payment method accepted by DWL, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and any other additional charges that may be payable). Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. DWL is not responsible for this. When paying by credit card, DWL may seek pre-authorisations prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. DWL’s current third-party payment processor is Square.
5. Product Returns and Cancellation
5.1 If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than fourteen (14) days following the date on which the Product was delivered to you or the date on which you collected the Product (as the case may be) (“Cancellation Period”). To initiate a return, you must contact us at [email protected] and include the Return Materials Information (“RMI”) so DWL can identify your return shipment.
5.2 You must take reasonable care of the Products while in your possession prior to any refund claim. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Products), up to the price of the Products, from the refund to which you are otherwise entitled.
5.3 To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within fourteen (14) days following the day on which you notify DWL customer support that you desire to return your Product during the Cancellation Period. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to DWL), provided that, we may, as a courtesy, include return shipping labels at our discretion. We will refund the price you paid for the Product plus original delivery cost.
5.4 If you cancel an Order we will process any refund due to you within 30 days from the date of receipt by DWL of the returned Product. The Product is not eligible for a refund after the Cancellation Period.
5.5 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights as a consumer which you can learn more about here: https://www.citizensadvice.org.uk/consumer/.
6. Title Transfer; Freight Forwarding
Title for Products purchased from the Store passes to you at the time of delivery to the shipment address set forth on the Order Confirmation. DWL and/or the delivery carrier will be responsible for any Product loss or damage that occurs when the Product is in transit from DWL to the shipping address set forth on the Order Confirmation. For the avoidance of doubt, DWL will have no responsibility for damages caused by or during any freight forwarding from the shipping address on the Order Confirmation to any other location.
7. Shipping and Delivery
Products will be shipped in the manner and to the address indicated on the Order Confirmation. Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
8. Modification of these Terms
We reserve the right to change these Terms at any time but any change will not affect the Terms which applied to your Order at the time you made the Order. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Store.
9. Disclaimers; No Warranties
The Store and all materials and content available through the Store are provided “as is” and on an “as available” basis. DWL disclaims all warranties of any kind, whether express or implied, relating to the Store and all materials and content available through the Store, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or noninfringement; and (b) any warranty arising out of course of dealing, usage, or trade. DWL does not warrant that the Store or any portion of the Store, or any materials or content offered through the Store, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and DWL does not warrant that any of those issues will be corrected.
All Products purchased through the Store are provided on an “as-is” basis unless otherwise stated in these Terms.
No advice or information, whether oral or written, obtained by you from the Store or DWL entities or any materials or content available through the Store will create any warranty regarding any of the DWL entities or the Store that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Store and your dealing with any other Store user. You understand and agree that you use any portion of the Store at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Store) or any loss of data, including user content.
You use any Products at your own discretion and risk. You will be solely responsible for (and DWL disclaims) any and all loss, liability or damages resulting from your use of a Product including damage or loss to your Product, other peripherals connected to the Product.
The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. DWL does not disclaim any warranty or other right that DWL is prohibited from disclaiming under applicable law.
10. Limitation of Liability
Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
To the fullest extent permitted by law, in no event will the DWL entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Store or any materials or content on the Store, or any Products, whether based on warranty, contract, tort (including negligence) or statute, and whether or not any DWL entity has been informed of the possibility of damage.
To the fullest extent permitted by law, the aggregate (i.e., not per claim) liability of DWL entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Store, Products, or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the amount you have paid to DWL for the Product to which the claim relates.
11. Miscellaneous
11.1 Governing Law. These Terms are governed by English law. You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts, who will interpret these Terms in accordance with the laws of England.
11.2 Privacy Policy. Please read the DWL Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information.
11.3 Additional Terms. Your use of the Store is subject to all additional terms, policies, rules, or guidelines applicable to the Store or certain features of the Store that we may post on or link to from the Store.
11.4 Contact Information. The Store is offered by DWL WORKSHOP LIMITED located at 23 Burlington Arcade, London, W1J 0PR with registered company number 12876155. You may contact us by sending correspondence to that address or by emailing us at [email protected] You can access a copy of these Terms by clicking here: [insert link].
11.5 No Support. We are under no obligation to provide support for the Store. In instances where we may offer support, the support will be subject to published policies
11.6 General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and DWL regarding your use of the Store to purchase Products. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
