YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
All orders will be dispatched within 2 working days but the majority are dispatched within 1 working day. (Working day is Monday to Friday, excluding the UK Bank Holidays)
By placing an Order and purchasing goods from www.bangonvintage.co.uk, you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions for vintage and pre owned Jewellery and Accessories.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1. Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Delivery Area’ means UK, Europe or Rest of the World – which must be correctly supplied by you when placing your order.
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
‘Web Site’ our presence on the world wide web, currently accessible via the address www.bangonvintage.co.uk .
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 Words importing the singular shall include the plural and vice verse;
1.3.2 Words importing the masculine gender shall include the feminine gender and vice-verse;
1.3.3 References to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us. Normal practice of Bang On Vintage is to send an email to confirm order placed and a further email to confirm dispatch.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3. Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are in stock, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The total price is inclusive of any applicable value added tax.
4.4 The price of the goods and postage does not include any duty/custom charges that may occur.This is the responsibility of the customer.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission (Unless fraud occurs or goods lost in post). Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
5.5 Any reversal of payment or cheque/postal order not honoured or any non payment when goods have been sent is subjected to a charge of 50% per week (7 days) from order. All charges including any services enlisted to recover the payment including court charges, bailiff and debtor’s services will be charged to the person who ordered the goods or received them.
6. Delivery
6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
However if non delivery is due to loss in post then we require notification of non receipt within 14 days following notification of dispatch in the UK or 21 days to Europe and the rest of the world locations. For loss in post items we require you to sign a lost in post notification before any refund will take place. For any loss in post items, we have the right to notify the local post office and local police. Also if the item delivered to a work place then the HR and/or management.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
6.6 We have the right to hold the goods if wrong postage is selected for Europe and the rest of the world. Until correct postage received or until order is cancelled by the buyer. We also have the right to with hold goods if incorrect address/post code/telephone number and/or email address given until the correct information is received or order cancelled by the buyer.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
8. Warranties and liability
8.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
Please note: The Sale of Goods Act holds true for second-hand goods as well, but takes into account that the quality should simply be what you could reasonably expect from that product, given its age and how much it has been used.
8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
8.4 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of
charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
replace the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
8.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right to Cancel
9.1 You have a cooling off period of 14 days after the date on ordering or receiving the Goods(which ever is sooner) to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price minus any delivery cost. If only part of the order is returned then delivery charges will not be refunded.Goods should be packaged as sent to ensure safe and unbroken return. If goods are returned damaged due to inadequate return packaging. We have the right to partially refund only.
9.2 During the cooling off period any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification
9.5 In the rare event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
10. Communications
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery or returns receipt for any such and retain a hard copy of that delivery or returns receipt and the original correspondence.
10.3 Emails notified by our communication system as undelivered for what ever reason, renders us the right to with hold sending item(s) until the correct email has been received.
11. General
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post, five days after mailing where sent by second class post or14 days by airmail .
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
12. Hygiene
12.1 All antique and vintage jewellery, beads, buttons, etc are subjected to a hygiene inspection and cleaned as the material allows. In the case of our antique and vintage earrings. They are all cleaned well with an anti-bacterial cleaner. Cleaning will remove most traces of contaminated body fluids from the previous owner but minute traces may remain. For this reason we replace all used backs on pierced earrings with new backs. However as a caution we recommend that you also clean antique and vintage earrings before wearing.
An order and subsequent payment will be the confirmation that you have read this page on our terms and conditions.
