T&Cs of Sale

IMPORTANT INFORMATION:

Please read the following clauses extremely carefully as they include important provisions including limits on our liability: Clause 6.3, Clauses 6.7 and 6.8, Clause 13.

If you do not understand any of the terms of these Terms and Conditions, we recommend you seek legal advice or speak to a Citizens Advice Bureau.

TERMS AND CONDITIONS OF SALE

These terms

What these terms cover. These are the terms and conditions on which we supply goods to you. If you are looking to sell goods to us schedule 1 will apply.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

Information about us and how to contact us

Who we are. We are PM Antiques & Collectables and our postal address is 45 Fletcher Road, Ottershaw, Chertsey, KT16 0JZ.
How to contact us. You can contact us by telephoning 01932 640113 or 07983 930 113 or by writing to us at phil@pm-antiques.co.uk and 45 Fletcher Road, Ottershaw, Chertsey, KT16 0JZ.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you

How we will accept your order. Our acceptance of your order will take place either when we email you to accept it or once the order via our website has been completed and you receive a conformation of such completion, at which point in each case a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, you will be notified via our website or we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the product.
We sell to the UK. Our website is solely for the promotion of our products in the UK. Unless we agree otherwise in writing we will not supply any products to any location outside of the UK.

Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Products are antiques. The products we sell are antiques and second-hand and by their nature are unlikely to be in a perfect condition and some may be damaged. You are encouraged to view and inspect products in advance of purchase. Viewings can be arranged by appointment in advance. We are based in Chertsey and you can contact us by using one of the methods under clause 2.2.
Product description. Whilst we endeavour to ensure that product descriptions are accurate, this cannot always be guaranteed. Descriptions as to authorship, genuineness, origin, date, age, provenance, condition and value are based on an opinion or information provided by the seller of the product to us and we give no guarantees or assurances that this information is correct or accurate. This does not however affect your rights under our faulty goods returns policy (see clause 11 for more information).
Clocks, Watches and Electricals. All electricals, watches and clocks are sold “as is” and we give no guarantee as to the functionality or performance. This is without prejudice to your legal rights in relation to such goods. Whilst we may undertake basic PAT safety testing of electrical goods, we cannot guarantee that they will perform to a particular standard or for a particular length of time. If we undertake PAT safety testing of electrical goods and the goods fail such testing then we will remove the electricity cord on the relevant product and you will be required to independently source an electricity cord from a third party for the relevant product.

Changes.

Changes to products. You acknowledge that the products being sold are antiques and therefore no changes can be made.
Changes to terms. We may amend these terms from time to time. Every time you wish to place an order, please check these terms to ensure you understand the terms that apply at the time.

Providing the products

Delivery costs. The costs of delivery will be as displayed to you on our website, which will be added to your basket at checkout but before payment is made. We may in our absolute discretion provide a discount on the delivery charges where you purchase multiple goods or where the actual cost to us of delivery of the products is less than initially anticipated. Where we elect to provide such a discount we will refund you the relevant amount when we dispatch or when you collect the last product to which the relevant order relates, or where the refund is because the delivery charges are less that we anticipated then we will make the refund within 28 (twenty eight) days of the actual delivery costs being confirmed to us. Refunds will be made to the account from which the original payment was made.
When we will provide the products. If you have selected delivery as opposed to collection, the estimated delivery time will be displayed on our website when you select the relevant delivery option. If you have purchased products via a telephone order then you will be referred to our website to confirm the estimated delivery date. Orders are usually dispatched within 1 (one) working day of cleared payment from you for the relevant goods however dispatch dates may be longer for large or fragile products. We do not however guarantee that goods will be dispatched within any particular time frame but we endeavour to dispatch goods as soon as reasonably practicable.
Collection only. For some framed/glazed items, including but not limited to posters and prints, if we are to deliver the product, the product will be removed from its frame and sent in appropriate packaging and the frame will need to be collected by you due to its size and fragile nature. This will be shown in the product description or notified to you by us separately where applicable. If you do not arrange to collect the frame within 28 (twenty eight) days of the date of your order then we may, without incurring any liability whatsoever to you, dispose of the frame in such manner as we in our sole discretion determine (including but not limited to donating it to charity).
Courier reference. We are able to provide courier reference or tracking numbers on request in respect of goods we deliver to you.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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 end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products from our premises, please contact us using one of the methods at clause 2.2 to arrange a convenient collection date and time.
If you are not at home when the product is delivered. Once your product has been dispatched, the delivery arrangements will be between the courier and the customer, in line with the couriers delivery policy, unless the product is damaged in transit (in which case clause 9 applies). If you are not available to accept delivery of the products then it is your responsibility to liaise with the relevant courier to organise an alternative time for delivery and we will not have any liability to you whatsoever for any delay in delivery resulting from your availability to accept delivery or your failure or delay in arranging alternative delivery arrangements.
If you do not re-arrange delivery. Once your product has been dispatched, the delivery arrangements will be between the courier and you, in line with the courier’s delivery policy, unless the product is damaged in transit (in which case clause 9 applies). If the relevant courier returns the products to us then we may arrange storage of the relevant products and we may charge you for such storage, currently charged at £5 (five pounds) + VAT per item per day.
Your legal rights if we deliver goods late. You have legal rights if our courier delivers any goods late, provided that it is acknowledged that any delivery dates specified on our website are estimates only. Subject to clause 6.5, if we miss the delivery deadline (to the extent a delivery deadline has been agreed) for any goods then you may treat the contract as at an end straight away if any of the following apply:

we have refused to deliver the goods;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.

Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.9 or clause 6.10, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01932 640113 or 07983930113 or email us at phil@pm-antiques.co.uk for a return label or to arrange collection.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full and until that time the goods remain our property.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, your email address, your billing address, the address to which you require the products to be delivered (where applicable) and a contact telephone number. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. In each case you will be required to complete the model cancellation form, (contained at schedule 2) which can be provided to you upon request, and return it to us by post or email or use any of the other methods prescribed in our terms:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.9).

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 (fourteen) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

Guarantee under the Consumer Contracts Regulations 2013: Our goodwill guarantee.

Right under the Consumer Contracts Regulations 2013

14 (fourteen) day period to change your mind.

Consumer to pay costs of return.

How long do I have to change my mind? You have 14 (fourteen) days after the day you (or someone you nominate) receives the goods, unless:

Your goods are split into several deliveries over different days. In this case you have until 14 (fourteen) days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Your goods are for regular delivery over a set period. In this case you have until 14 (fourteen) days after the day you (or someone you nominate) receives the first delivery of the goods.

How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract.

To end the contract with us, please contact us by using one of the methods set out in clause 2.2 above; or
You can also notify us that you wish to end the contract by completing our website contact form or by email at phil@pm-antiques.co.uk.
You must contact us and confirm cancellation prior to returning any goods to us.

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 45 Fletcher Road, Ottershaw, Chertsey, KT16 0JZ or (if they are not suitable for posting) allow us to collect them from you. Please call 01932 640113 or 07983 930113 or email us at phil@pm-antiques.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 (fourteen) days of telling us you wish to end the contract. The goods remain your responsibility until received by us.
When we will pay the costs of return. We will pay the costs of return:

if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 (three) to 5 (five) days at one cost but you choose to have the product delivered within 24 (twenty four) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If the products are goods and we have not offered to collect them, your refund will be made within 14 (fourteen) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
In all other cases, your refund will be made within 14 (fourteen) days of your telling us you have changed your mind.

Goods damaged or lost in transit

If the goods are damaged or destroyed in transit, you are required to:

Retain the damage or destroyed goods and associated packaging the same condition as they were received by you;
Not amend, alter, deface or otherwise change the relevant goods;
Store the goods in a suitable, cool and dry location;
Provide us with such assistance as we reasonable request in respect of any claim we pursue with the person who delivered the relevant goods;
Where requested either return the goods, or supply the goods to the relevant person who delivered them or make the goods available for collection. Where you are required to return the goods we will reimburse you for the costs of the return in accordance with the relevant provisions of these terms.

If you suspect that the goods have been lost in transit you must:

notify us as soon as reasonably possible of your suspicion and in any event within 28 (twenty eight) days of any agreed delivery dates (where applicable); and
provide us with such assistance as we reasonably request in respect of any claim we pursue with the person who delivered the relevant goods.

Our rights to end the contract

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 14 (fourteen) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the delivery address;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
you do not, within a reasonable time, allow us access to your premises to supply the services.

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will let you know if this is the case, and the amount that we consider is due.

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us by using one of the methods set out in clause 2.2 above.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01932 640113 or 07983 930113 or email us at phil@pm-antiques.co.uk for a return label or to arrange collection.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 (thirty) days: if your goods are faulty, then you can get an immediate refund.
b) Up to six (six) months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six (six) years: if your goods do not last a reasonable length of time you may be entitled to some money back.