Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern David Kaye relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘David’, ‘David Kaye’, ‘David Kaye’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is: David Kaye which has its registered offices at 100 Hatton Garden, London, United Kingdom, EC1N 8NX, United Kingdom.
The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited too, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by David Kaye and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of David Kaye. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, David Kaye takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
David Kaye offers a 1 year guarantee on all goods. All goods are pre-owned, unless stated. All goods are as described. David Kaye makes every effort to ensure there are no errors, David Kaye accepts no responsibility for any errors there may be.
Definitions and Copyright
This website and its content is copyright of David Kaye – © 2021. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
We are not authorised dealers for any of the manufacturers we feature on the site, we are independent and privately owned. Except where noted otherwise brand names are the trademarks of their respective owners.
Pre-Owned – Our Pre-Owned item of jewellery, coins or watches are valeted by our jewellery, numismatic or watch technicians before they are sold on our Website.
Pre-Owned Unworn – This is a watch that has not been worn before. Sometimes they have been unwanted gifts or formerly Authorised Dealer Stock. They will be in excellent condition and like new.
Brand New – This is an item of jewellery which has never been worn or pre-owned by anyone. This will be boxed and never opened.
Bespoke – This is an item of Jewellery custom made to your specification and design, by our Master Jewellery Craftsman.
Payments – We accept several payment methods:
- Debit card. This will incur no surcharge and the item of jewellery/watch must be despatched to the billing address of the card.
- Credit card. This will incur no surcharge and the watch must be despatched to the billing address of the card.
- An electronic bank transfer. Only CHAPS transfers will be accepted. Please contact us for our bank account details.
- Cheque made payable to David Kaye. Funds must clear before the item of jewellery/watch is released.
- Bankers Draft made payable to David Kaye. All Bankers Drafts will be authenticated by our bank before the item of jewellery/watch is released.
- Cash. Money laundering regulations, mean we can only accept cash payment up to and not exceeding £9000.00. All notes will be authenticated on our premises.
David Kaye use the highest levels of security on all payment card orders. Our online payment system uses Verified by Visa (VbV) and MasterCard SecureCode which are the extra Security Checks used by both Credit Card Companies. Both systems work with your existing Credit Card once your Credit Card is registered (if not already). They are convenient, easy to use and work with your existing card, providing an extra layer of security. To learn more about both systems please contact your Credit Card Issuer.
If you have already registered you just need to enter your personal VbV or MasterCard SecureCode password as indicated in the box when making a purchase to continue. In addition, we have had our Website approved by the TrustWave PCI program this is a global standard that audits E-commerce websites for security holes and to make sure the owners are implementing Security best practices.
Prices – David Kaye have taken great care to ensure that prices are correct. However, if any errors have been made, David Kaye reserves the right to reclaim the difference from the customer. All prices include VAT where applicable.
Delivery – All deliveries are made using the Royal Mail’s ‘Special Delivery’ Service. This is the preferred Delivery method of the Jewellery Industry in the UK because items are sent through a separate, secure channel from the regular post. The progress of this delivery is monitored at every stage via a bar-code tracking system. The Royal Mail guarantee that your item will arrive between 9.00am and 13.00pm on the next working day.
- All our deliveries are independently insured for loss or damage.
- All delivery times and dates are estimations.
- Please ensure that your package is intact before signing for it.
Deliveries must be signed for by an adult (defined as person aged 18 or over) at the given address, once signed for responsibility for the order is transferred to the customer. All liability for loss, damage or theft is transferred from David Kaye to the customer. Any parcel which has been damaged or tampered with should not be signed for and delivery should be refused.
Delivery to any location within the UK is free. For deliveries outside the UK the cost will vary according to the weight and destination of the parcel, please contact us for further details. The customer is liable for all return postage costs unless this is agreed in some durable form by a David Kaye representative.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. David Kaye shall not be liable for any delay in delivery of the goods that is caused by a force majeure event or the customer’s failure to provide David Kaye with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
Delivery Address – David Kaye will deliver the goods to the delivery address given by the customer on its system at the point of purchase. In all other cases, David Kaye will comply so far as is reasonably practicable with any lawful instructions concerning the goods given or confirmed in writing (which shall include email or fax) by the customer while the goods are in the possession of David Kaye, provided that David Kaye shall be entitled to additional payment for any services provided in pursuance of any such instructions. Where the instruction involves a change in the delivery address, David Kaye will be entitled to charge for any additional postage costs to the new delivery address. Please note, however, that David Kaye will usually only deliver to the customer’s billing address.
Selling your Coins Jewellery or Watch
The terms below will apply to every purchase of an item of jewellery or watch by David Kaye(‘David’, ’David Kaye’, ‘Us’, ’We’). Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a “subject to contract” basis.
No legally binding contract between you, the owner of the item of jewellery, coins or watch which is the subject matter of the purchase (the ‘Seller’ or ‘you’) and David Kaye will be formed in any circumstances until: (i) David Kaye has had the opportunity to conduct an on-site valuation of the jewellery, coins or watch and inspect any accompanying documentation, AND (ii) a physical examination of the jewellery, coin or watch has been conducted by a qualified watchmaker or technician on behalf of David Kaye (which may in some cases take place at a later date); AND (iii) the parties have entered into David Kaye standard written contract of purchase which incorporates the terms stated below:
General Selling Information
i. Valuations we provide on a “subject to contract” basis and are not legally binding. We reserve the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
ii. You warrant that you are the legal owner of the item of jewellery, coins or watch and, in the event of an agreement for sale, consents to transfer the full unencumbered legal title and full ownership of the watch to David Kaye.
Risk and Title
i. The item of jewellery, coins or watch will be our responsibility from the time of delivery to our offices.
ii. Ownership of the item of jewellery, coins or watch will only pass to us when you receive full payment of all sums due in respect of the item of jewellery, coins or watch.
Price Quoted
i. The price quoted in the valuation will be in UK Pounds Sterling and be defined as the net cost; please see the VAT margin scheme for further details. Companies should enquire as to their VAT implications.
ii. All prices quoted in the valuation are given in good faith and are derived from a number of factors including the information supplied by you about your jewellery, coin or watch. Inaccurate, false or misleading information by you will result in an inaccurate valuation which cannot be relied upon by you.
iii. If for some reason an error in the valuation quoted has occurred, we will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by David Kaye for accidental mistakes or errors caused by system failures.
Payment
i. Payment will usually be made by BACS transfer and cleared funds may take approximately 3 working days to arrive after payment has become due depending on the Banks involved and the transfer method. No liability is accepted by David Kaye for any delay which was unavoidable in the circumstances.
ii. All payments made by David Kaye shall be in UK Pounds Sterling and paid to such account as you may notify David Kaye. We will not make payment by cheque. We will not make payment to a nominated third party. International sellers may be subject to an additional bank charge. Please contact us for more details.
iii. We reserve the right to pay by any other appropriate payment method when and where reasonable.
iv. Payment will not fall due if we rescind the contract within a reasonable period after the physical examination by a qualified watchmaker or technician.
v. Any outstanding monies owed to David Kaye, including servicing costs, will be deducted from any payment.
Seller’s Warranties
The Seller warrants that:
i. all the information supplied during the valuation process is accurate and true
ii. the item of jewellery, coins or watch is not subject to undisclosed finance
iii. to the best of the Seller’s knowledge and belief, the item of jewellery, coins or watch has not been an insurance write-off or has been subject to substantial remedial repairs
iv. the serial numbers and documentation are genuine and accurate and that the item of jewellery, coins or watch has not, to the best of the Seller’s knowledge and belief, been tampered with
v. there are no undisclosed physical defects or problems with the item of jewellery, coins or watch that a prudent purchaser would want to be informed of
vi. there are no undisclosed “title defects” with the item of jewellery, coins or watch that a prudent purchaser would want to be informed of
vii. the Seller is the legal owner of the item of jewellery, coins or watch, has the right to transfer the full unencumbered legal title and full ownership of the item of jewellery, coins or watch to the Company
viii. no other person has any claim to the item of jewellery, coins or watch whether legal, equitable, possessory or otherwise.
Once a sale has been agreed (between the buyer, David Kaye, and the Seller), the Seller can only cancel with the express written permission of David Kaye. The Seller will be liable for any consequential loss of profit to David Kaye or any charges incurred, which will be detailed to the Seller before the cancellation request is approved.
Buying in Slip
All sellers further agree to the following conditions:
i. You hereby confirm that the item of jewellery, coins or watch is your property and that you are entitled to sell free from any charge, lien, burden or adverse claim, including all hire.
ii. You accept that every element in the description of the item of jewellery, coins or 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 item of jewellery, coins or watch in the perception of David Kaye and you radically and fundamentally different from the item of jewellery, coins or watch that the you have agreed to supply.
iii. You undertake that you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the item of jewellery, coins or watch, which might reasonably be regarded by a reasonable and prudent buyer in David Kaye’s position as material to, or otherwise liable to influence, the decision to buy the item of jewellery, coins or watch.
iv. You understand that you are fully responsible for any breach of the preceding conditions and remains so until discovery of such breach by David Kaye. You are also responsible for any defects in design, material or workmanship, latent or otherwise.
Inspection
i. The jewellery, coins or watch will be inspected by a David Kaye representative prior to completion of the sale. A revised valuation may be given where: the item of jewellery, coins or watch does not fully comply with the information provided during the valuation process, the condition is such that it has a substantial impact on the value of the item of jewellery, coins or watch, other relevant factors not disclosed affect the valuation and/ or for any other applicable reason.
ii. In addition to the initial valuation, the item of jewellery, coins or watch may be physically inspected by a jeweller/numismatists or watchmaker either before or after you have agreed the valuation or sale contract. If the physical inspection by the jeweller/numismatists/watchmaker is carried out after the written contract has been completed and agreed by you, we may rescind the contract for any serious defect subsequently discovered in the jewellery, coins or watch by such an inspection.
iii. This inspection can be carried out at any time the watch is the property of David Kaye.
Delivery
i. The item of jewellery, coins or watch must be delivered by you to designated premises allocated by David Kaye at your risk and expense. The item of jewellery, coins or watch is your responsibility until it reaches the offices of David Kaye. You should ensure that you package the item of jewellery, coins or watch appropriately to prevent any damage to the item while in transit. We recommend that you obtain proof of posting and have appropriate Insurance.
ii. Obtaining adequate insurance for the item while in transit is your responsibility.
Servicing and Refurbishment Costs
Where you have authorised (whether orally or in writing, which shall include e-mail correspondence) any servicing, refurbishment or other work to be carried out on your item of jewellery, coins or watch, you will be charged for this work in accordance with the price agreed between us and you. Please note that estimates by David Kaye are given in good faith, but are estimates only. Please note that if David Kaye arrange for a third party to prepare a quote for servicing or other work to be carried out on your watch, but you do not proceed with the work in question, an administrative charge may apply.
Lien
David Kaye shall have a lien on all goods in their possession which are the property of you to secure payment by you of all sums due from you to David Kaye.
Part exchanges
A part exchange allowance will be agreed between David Kaye and the Seller in tangible form. Where an order is cancelled (by either party) in which a part exchange is involved, David Kaye may at its sole discretion item of jewellery, coins or item of jewellery, coins or watch or payment of the part exchange allowance.
Insurance
i. Any watch in the possession of David Kaye is covered under our insurance policy, the replacement value which will be defined as latest and most accurate trade sale valuation, less any outstanding costs owed to David Kaye in the form of advertising, postage, servicing fees or any other charge.
ii. In the event of loss or damage to your watch incurred whilst in the possession of David Kaye, settlement will only be made to you once settlement has been received by David Kaye from the insurance company.
Limitation of Liability
Nothing in these conditions shall limit or exclude David Kaye liability for:
i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
ii. fraud or fraudulent misrepresentation;
iii. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
iv. defective products under the Consumer Protection Act 1987; or
v. any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
David Kaye shall under no circumstances whatever be liable to the Seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
The Supplier’s total liability to the Seller in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods, namely the prevailing David Kaye valuation.
Events outside of David Kaye Control
David Kaye will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a contract that is caused by events outside its reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: – strikes, lock-outs or other industrial action; – civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; – fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; – impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; – impossibility of the use of public or private telecommunications networks; – the acts, decrees, legislation, regulations or restrictions of any government; and – pandemic or epidemic.
David Kaye performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and David Kaye will have an extension of time for performance for the duration of that period. David Kaye will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the contract may be performed despite the Force Majeure Event.
Waiver
i. 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.
ii. A waiver by us of any default will not constitute a waiver of any subsequent default.
iii. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any court or competent authority decides that any of the provisions 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.
Variation
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Third party rights
No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
Our Right to Vary These Terms and Conditions
i. We have the right to revise and amend these terms and conditions from time to time.
ii. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 policies or these terms and conditions before we agree to purchase your watch (in which case we have the right to assume that you have accepted the change to the terms and conditions).
Governing Law and Jurisdiction
i. This agreement 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.
ii. 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 this agreement or its subject matter or formation (including non-contractual disputes or claims). “David Kaye” is a trading name of David Kaye., whose registered office is at 100 Hatton Garden, London, United Kingdom, EC1N 8NX
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
