The following Terms and Conditions apply to the sale of Items by Hatton Jewels Limited (company number; 06241877), a company registered under the laws of England & Wales with registered office at 5 Hatton Place, London, EC1N 8RU. Parent company, Eternity Jewellery Ltd (company number; 03731906). Any reference to Hatton Jewels Limited in the Consignment Agreement or these Terms & Conditions shall include such other trading entities. The term ‘Item(s)' includes watches, jewellery, and / or any other luxury Item(s). The term 'Consigner' refers to the individual or entity consigning the Item(s) to Hatton Jewels Limited for sale. The term 'Third Party Customer' refers to the end purchaser of the Item(s) pursuant to the Consignment Agreement. Any reference to 'business days' means any day that Hatton Jewels Limited and its other trading entities are open for trading, excluding public holidays in England & Wales. These terms are deemed to be incorporated into any Consignment Agreement entered into between Hatton Jewels Limited and the Consigner.
1. Conclusion of the Consignment Agreement
1.1 Should a Consigner be interested in consigning their Item(s) through Hatton Jewels Limited, they are invited to submit details of the Item(s) through one of our trading websites, by phone, or through the email address listed on our trading websites.
1.2 Upon receipt of the details of the Item(s), including the make, model, age, and condition and such other details as Hatton Jewels Limited may reasonably require, Hatton Jewels Limited will provide the Consigner with a copy of our Consignment Terms and Conditions and a preliminary market-value appraisal including a price range, setting out the Sale Price and applicable Consignment Fees, which the Consigner is free to accept or reject. If the Consigner does not agree with the Sale Price, the Consigner shall be under no obligation to proceed with the proposed sale and Hatton Jewels Limited shall be responsible for the return shipping costs, except in instances where the Consigner has submitted incorrect information or the Item's authenticity is in dispute. In such instances, the Consigner shall be liable for all costs associated with shipping, return shipping, and the inspection of the Item(s).
1.3 Should any post-physical inspection appraisal of the Item(s) yield an estimated sale price that falls short of the Sale Price indicated in the preliminary market-value appraisal, Hatton Jewels Limited will contact the Consigner with an updated market-value appraisal. The terms of clause 1.2 shall apply to any such updated appraisal.
1.4 Notwithstanding the foregoing, Hatton Jewels will not be liable for any damage or loss of additional documents provided by the Consigner alongside the Item(s), barring those that contribute to the Item's value, such as the original warranty documentation, purchase receipts, the original packaging, and / or any specific original equipment pertaining to the Item (s) to be assessed which has been left in the possession of Hatton Jewels Limited for this purpose.
2. Warranty
2.1 The Consigner warrants: (i) the details they have supplied as under clause 1.2, affirming the authenticity of the Item(s) are correct; (ii) that they own and are permitted to sell the Item(s); (iii) and the sale of the Item(s) shall not breach any applicable laws.
3. Evaluation of Consigned Item(s)
3.1 Within 3 business days, excluding weekends and bank holidays, of receiving the Item(s), Hatton Jewels Limited will issue an acknowledgment by email to the Consigner confirming its arrival.
3.2 The Consigner hereby authorises Hatton Jewels Limited to take photos, polish and to run such tests and/or undertake such investigations as Hatton Jewels Limited may reasonably require (for example, water resistant and precision tests) on the consigned Item(s). The Consigner is responsible for advising if such actions may impact the manufacturer's warranty and should enquire accordingly. Hatton Jewels Limited will not assume responsibility for any damage or loss of warranty resulting from the procedures performed on the Item(s).
4. Title and Risk
4.1 Risk in the Items passes to Hatton Jewels Limited on receipt of the Item(s).
4.2 Title to Goods shall not pass to Hatton Jewels Limited until Hatton Jewels Limited resells the Item(s) to a third party customer (in which case title to the relevant Item(s) shall pass to Hatton Jewels Limited immediately before such sale.
5. Execution of the Consignment Agreement
5.1 Hatton Jewels Limited will present the Item(s) for consignment sales under its own branding and on the Consigner’s behalf for such period as is set out in the Consignment Agreement. This period starts from the date outlined on the Consignment Agreement. The Item(s) will undergo an examination as detailed in Clause 3 before Hatton Jewels Limited market the Item(s) instore and / or online.
5.2 Hatton Jewels Limited reserves the right to finalise the sale of the Item(s) independently, provided that the offer meets or surpasses the Sale Price (determined in Hatton Jewels Limited's sole discretion). The Item(s) will not be sold for less than the Sale Price without written approval from the Consigner.
5.3 The Consigner agrees not to advertise or offer the Item(s) for sale through any other platform, service, or method whilst the Item(s) is consigned with Hatton Jewels Limited, unless agreed by both parties in writing. This ensures that Hatton Jewels Limited has the sole opportunity to sell the Item(s). Any breach of this clause may result in the termination of the Consignment Agreement and the Consigner could be subject to the Withdrawal Fees outlined in clause 8.
5.4 If the Consigner's Item(s) requires any repair, refurbishment, servicing, or polish, a price will be agreed upon with the Consigner before entering into the Consignment Agreement. However, the Consigner is not required to pay for these services upfront. The cost of any necessary repair, refurbishment, servicing, or polish will either be deducted from the sale proceeds after our Commission has been subtracted, or it will become payable by the Consigner prior to the return of their Item(s) in the event that the Item(s) is withdrawn or the agreement is terminated.
5.5 Hatton Jewels Limited will inform the Consigner when the Item(s) are sold in a binding transaction in accordance with these Terms & Conditions. In the instance of a consumer purchase, the third party customer shall be entitled to our standard [14] calendar day return policy to withdraw from the purchase agreement. This is in addition to the third party customer's rights at law. Should such a revocation occur, Hatton Jewels Limited will advise the Consigner after the revocation timeframe has passed, or alternatively once the purchase becomes final. Following an irrevocable sale, Hatton Jewels Limited will send the relevant proceeds to the Consigner, deducting the fees in these Terms & Conditions. Payment will be processed [21] business days after the sale date, or [7] business days after the 14 calendar day return period has concluded.
5.6 Hatton Jewels Limited shall handle the settlement of any payments due from the third party customer who has transacted with Hatton Jewels Limited on behalf of the Consigner.
5.7 Hatton Jewels Limited shall offer such post-warranty terms as it determines in its sole discretion and will bear responsibility for any such warranty claims made by the third party customer. Should such claims arise from discrepancies in the quality assured by the Consigner as per clause 2, Hatton Jewels Limited may seek reimbursement from the Consigner for any expenses incurred
due to these warranty claims.
6. Commission Fee
6.1 Upon the successful sale of the Item(s), Hatton Jewels Limited shall receive a sales Commission as pre-agreed and set out in the Consignment Agreement. This Commission, along with any refurbishment costs, servicing, or polishing costs (as per clauses 3 and 5.2) agreed upon with the Consigner, will be deducted from the overall sale proceeds. Additionally, Hatton Jewels Limited retains the right to this Commission even if the sale agreement is terminated due to a product defect that stems from a variance in the guaranteed quality by the Consigner as mentioned in clause 2.
7. Purchase by the Retailer
7.1 Hatton Jewels Limited retains the option to buy the Item(s) directly, post the Consigner signing the Consignment Agreement. The purchase cost must match the Sale Price outlined on the Consignment Agreement. Hatton Jewels Limited is obliged to promptly inform the Consigner of its intention to purchase the Item(s).
7.2 Should Hatton Jewels Limited express an interest in acquiring the Item(s) for a sum below the Sale Price outlined on the Consignment Agreement, they may present a purchase offer to the Consigner. The purchase agreement will be established upon the Consigner's acceptance of this offer.
7.3 Hatton Jewels Limited is entitled to the agreed sales commission if it decides to purchase the Item(s) itself. The agreed sales commission, along with any deductions outlined in clause 4, will be subtracted from the purchase price.
8. Agreement Termination
8.1 The Consignment Agreement does not automatically end after the Withdrawal Period End Date. Instead, the Consignment Agreement continues on a rolling basis until either party elects to terminate the Consignment Agreement by sending an email to the other party.
8.2 Both parties retain the right to end the Consignment Agreement in the event of material breach of these Terms & Conditions by the other party.
8.3 If the Consigner opts to withdraw the Item(s) from consignment within the Withdrawal Period without good cause (to be determined by Hatton Jewels Limited in its sole discretion), a Withdrawal Fee will be charged. The Withdrawal Fee will be the higher of 3% of the Item's Sale Price or 150.00, including VAT. The Withdrawal Fee is outlined on the Consignment Agreement, and it will be communicated to the Consigner by email prior to the withdrawal.
8.4 Unless agreed otherwise with the Consigner, Hatton Jewels Limited shall return the Item(s) to the Consigner in the event of any withdrawal pursuant to clause 8.3. The Item(s) will be dispatched to the address provided by the Consigner in the Consignment Agreement. Should there be any pending fees owed by the Consigner, Hatton Jewels Limited reserves the right to retain the Item (s) until full payment of the Outstanding Balance is made.
8.5 In the event that either party elects to terminate the agreement and the Consigner's preference is to collect the Item(s) in our physical stores, a minimum of 2 business days' notice must be given. Alternatively, the Item(s) may be returned via a reputable, tracked courier service.
8.6 The Consigner must take receipt of the Item(s) within 28 calendar days upon termination of the Consignment Agreement, otherwise a storage fee of up to £30.00 a week could be charged.
9. Liability
9.1 Nothing in these Terms & Conditions shall limit or exclude our liability for any matter in respect of which it would be unlawful for Hatton Jewels Limited to exclude or restrict such liability (including without limitation: (i) death or personal injury caused by Hatton Jewels Limited's negligence; and (ii) our fraud or fraudulent misrepresentation).
9.2 Subject to clause 9.1, we shall under no circumstances whatever be liable to the Consigner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of or damage to goodwill; (vi) loss of use or corruption of software, data or information; or (vii) any indirect or consequential loss arising under or in connection with work carried out under the Consignment Agreement and/or these Terms and Conditions.
9.3 Subject to clause 9.1, Hatton Jewels Limited's total liability to the Consigner in respect of all other losses arising under or in connection with work carried out on the Item(s) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total cost of the work as detailed in the Consignment Agreement.
9.4 Until a Consignment Agreement has been agreed, Hatton Jewels Limited makes no warranties, representations or guarantees that any cost estimate provided to the Consigner prior to receiving the Item(s) is the final price or scope of the works. Please note that once Hatton Jewels Limited receive the Item(s), the costs and scope of the works may differ from any estimate previously
provided to the Consigner.
10. Shipping
10.1 The Consigner bears all responsibility for any loss or damage to the Item(s) during transit to Hatton Jewels Limited.
11. Final Requirements
11.1 Should any clause of this Consignment Agreement be or become void or unenforceable, the remainder of the agreement remains in full force and effect. Any such clause will automatically be superseded by a valid, enforceable clause that most closely matches the original economic purpose and intent.
11.2 This Consignment Agreement and any non-contractual obligation arising out of or in connection with this Consignment Agreement and any dispute shall be governed by and construed in accordance with the law of England & Wales. Each party irrevocably agrees that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Consignment Agreement or its subject matter or formation.