Terms and Conditions
WATCH AVENUE is a trading name of Atoz Distribution Limited, a company registered in Scotland, under registration number SC483299. Our registered address is Watch Avenue 2/1 116 Elderslie Street, Glasgow, G37AW, Scotland. Our VAT number is 192 393485. If you have any comments about WATCH AVENUE, you can email us at email@example.com.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
· Eligibility to purchase
· Pricing policy
· Sale price adjustment policy
· Acceptance of your order
· Gift cards
· Insurance and delivery
· Returns and exchanges
· Intellectual property rights
· No commercial use
· Your activity
· Third party sites
· Your rights
· Limits on our liability
· Our relationship
· No waiver
· Governing law
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify WATCH AVENUE immediately of any breach of security or unauthorised use of your account.
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ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the WATCH AVENUE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to WATCH AVENUE, whose applications are acceptable to WATCH AVENUE and who have authorised WATCH AVENUE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. WATCH AVENUE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where WATCH AVENUE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
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All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
WATCH AVENUE offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once d stock has been delivered to WATCH AVENUE. WATCH AVENUE will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at WATCH AVENUE. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
WATCH AVENUE will store a record of your transactions for a minimum of one year.
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Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
All customers not based in the UK Customers are treated as Delivery Duty Unpaid (DDU) will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from either UPS, DHL, ROYAL MAIL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
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SALE PRICE ADJUSTMENT POLICY
WATCH AVENUE is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your WATCH AVENUE account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
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ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and WATCH AVENUE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Glasgow, Scotland and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of WATCH AVENUE.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
BRACELET ADJUSTMENT POLICY
Whilst every effort is made to ensure your bracelet is fitted to you properly we cannot guarantee with regards your fit as this is usually performed when a customer is present by a professional watchmaker or jeweller. The cost of this varies but usually is never more than £10 and should be considered if this is very important to you.
Watch Avenue is offering this service to customers as an additional free service when they purchase a watch with an adjustable bracelet. We will, based on all the information you provide adjust the bracelet before shipping. As you own the watch any links and material will be included in your packaging sent to you. If we have undertaken the adjustment the watches are still returnable under our 30 day no hassle returns policy.
If for whatever reason a mistake happens in this process we will endeavour to correct it but we offer no form of compensation due to a sizing error. Sometimes it may not be possible for us to size a watch directly. This includes cases where the manufacturer deems it necessary to return the watch to them for sizing, periods of extremely high demand, or times when our qualified watchmakers are unavailable due to absence or holiday. We will endeavour to contact you when we are unable to size a watch.
In some cases your watch may be delayed due to sizing but normally this is just one day but could be longer in certain circumstances.
Occasionally you may require extra links this can be accommodated these are usually provided by the brands free of charge excluding those of precious metals and where brands have policies that require a payment. We will order these on your behalf and will delay your watch delivery as they will need to ship to us to perform the adjustment we will keep you informed of this.
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Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to www.watchavenue.co.uk. Payment will be debited and cleared from your account upon dispatch of your order by WATCH AVENUE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to WATCH AVENUE, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Sagepay, a secure online payment gateway that encrypts your card details in a secure host environment. We do not store your credit card information. It is processed over a secure SSL/256 bit encryption system which goes through the payment provider Sagepay. We do not handle or store this data, therefore it cannot be 'hacked' from our servers. Watch Avenue staff do not have visibility of credit card numbers. To help ensure that your shopping experience is safe, simple, and secure, WATCH AVENUE uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
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WATCH AVENUE Virtual Gift Cards are sold subject to the following terms and conditions:
1. Gift Cards are valid for 12 months from date of purchase.
2. Gift Cards can be redeemed against all products on the www.watchavenue.co.uk site.
3. Gift Cards are non-transferable, can only be used on the www.watchavenue.co.uk site for which they are issued and may not be returned or redeemed for cash.
4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8. WATCH AVENUE is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
9. WATCH AVENUE is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10. WATCH AVENUE reserves the right to cancel a Gift Card if we deem such action necessary.
11. Promotion codes cannot be applied to the purchase of Gift Cards.
12. Sales tax and shipping is applicable on any products purchased with a WATCH AVENUE Gift Card.
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INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when:
(a) we receive payment in full, or (b) we deliver the goods to you.
WATCH AVENUE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by WATCH AVENUE, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
If you wish us to send Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that WATCH AVENUE can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, UPS, DHL or Royal Mail may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. WATCH AVENUE is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
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RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 30 days without giving any reason. Earrings, belly bars or other items of pierced jewellery cannot be returned unless they are found to have manufacturing faults. Due to hygiene reasons.
The cancellation period will expire 30 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, WATCH AVENUEDC1, Watch Avenue, 2/1 116 Elderslie Street, Glasgow, G37AW, Scotland
or by telephone 03450539154 or by email to: email@example.com
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make 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.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: WATCH AVENUE, 42 Kelvin Avenue, Hillington Park, Glasgow, G52 4LT, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 30 calendar days from the day after you receive your order, by telephone by email or post as described above.
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Items should be returned unused and with all WATCH AVENUE and designer tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return. Unidentified returns will be returned to the sender.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If your item is faulty when you receive it, you can return it for a refund. Simply return the faulty goods to us within 30 days of the day you received them.
If you discover a fault after this time, but within six months of purchase, you can still return it. Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
We have made every effort to display as accurately as possible the colours of our products that appear on WATCH AVENUE. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.
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INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including WATCH AVENUE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by WATCH AVENUE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
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In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. WATCH AVENUE tries to ensure that the information on this site is accurate and complete. WATCH AVENUE does not promise that WATCH AVENUE's Content is accurate or error-free. WATCH AVENUE does not promise that the functional aspects of the Site or WATCH AVENUE's Content will be error free or that this Site, WATCH AVENUE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of WATCH AVENUE and we accept no responsibility for any such views expressed in any media.
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NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
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You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
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We may include hyperlinks on this Site to other websites or resources operated by parties other than WATCH AVENUE, including advertisers. WATCH AVENUE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
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You have certain rights under the law. In England these include:
· That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
· Certain remedies if a product is defective; and
· A right to cancel any order for a product within 30 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
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LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If WATCH AVENUE fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and WATCH AVENUE knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
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At our request, you agree to compensate us fully, defend us, and hold us WATCH AVENUE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
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You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and WATCH AVENUE as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of WATCH AVENUE, and we shall not be liable for any representation, act, or omission on your part.
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If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
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The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.
As part of our environmental responsibility we adhere to the EU WEEE regulations. If, having purchased an electronic item from ourselves, you wish to return your unused electronic goods, please contact firstname.lastname@example.org and we will provide instructions to do so. Under the regulations, we will compensate you for your return postage up to a reasonable level, and dispose of the waste electrical item accordingly. As goods are waste, it is not necessary to insure items returned to us under the regulations. All items returned to us are recorded and disposed of accordingly.
Please note that we can only accept items back under this policy which are similar to that which is purchased. e.g. If you purchase a watch, you may return one watch to us to be disposed under the WEEE regulations.
Please note that it is mandatory that prior contact with us is established before any WEEE items are returned to us.
This only applies to electronic items, and does not apply to non electrical goods such as jewellery.
Further WEEE information:
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Recycling reduces the environmental and health risks associated with sending electrical goods to landfill.
WATCH AVENUE is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
Customers must return their like-for-like WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.