Website Terms and Conditions & Terms and Conditions of Business

 

PM ANTIQUES & COLLECTABLES: WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. WHAT’S IN THESE TERMS?

These terms of use (together with the documents referred to in them) set out the terms on which you may make use of our website.

2. WHO WE ARE AND HOW TO CONTACT US

pm-antiques.co.uk is a site operated by Mr Philip Mires t/a PM Antiques & Collectables.

To contact us, please email [phil@pm-antiques.co.uk] or telephone [01932 640113 or 07983 930113].

3. BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and Conditions of supply (below) will apply to the sales.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply (below).

Business users not permitted:

  • Our site is not for use by businesses, companies or other body corporates. If you are accessing our site on behalf of such entity you should cease accessing our site immediately.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • Notwithstanding that our site is not intended for use by businesses, to the extent our site is used by businesses, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

USE OF OUR SITE

You must not attempt to hack or take unlawful access or control of our site and you must not try and reverse engineer, decompile or attempt to alter or amend our site in any way including the content or visual appearance. Our site does not allow users to upload content to it and you must not upload or attempt to upload any content to our site.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful including without limitation the introduction of such harmful code via the enquiry form function on our site. You must not access our site with any computer, tablet, telephone or other device which you know or ought reasonably to have known contains any viruses, Trojans, worms, logic bombs or other malicious material or code. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. You must also not establish a link to our site which is run or operated for and/or on behalf of a business or corporate entity.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact [phil@pm-antiques.co.uk].

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Notwithstanding that businesses are not permitted to use our site, if you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

PM ANTIQUES & COLLECTABLES: TERMS AND CONDITIONS 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.

1      These terms

1.1 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.

1.2 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.

2      Information about us and how to contact us

2.1 Who we are. We are PM Antiques & Collectables and our postal address is 45 Fletcher Road, Ottershaw, Chertsey, KT16 0JZ.

2.2 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.

2.3 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.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3     Our contract with you

3.1 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.

3.2 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.

3.3 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.

4     Our products

4.1 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.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 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.

4.4 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).

4.5 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.

5     Changes.

5.1 Changes to products. You acknowledge that the products being sold are antiques and therefore no changes can be made.

5.2 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.

6     Providing the products

6.1 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.

6.2 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.

6.3 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).

6.4 Courier reference. We are able to provide courier reference or tracking numbers on request in respect of goods we deliver to you.

6.5 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.

6.6 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.

6.7 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.

6.8 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.

6.9 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:

6.91 we have refused to deliver the goods;

6.9.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

6.9.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

6.10 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 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.

6.11 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 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.

6.12 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.

6.13 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.

6.14 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 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.

7     Your rights to end the contract

7.1 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:

7.1.1 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;

7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2; or

7.1.3 If you have just changed your mind about the product, see clause 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;

7.2 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:

7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5);

7.2.2 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;

7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or

7.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9).

7.3 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.

 

7.4 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:

7.4.1 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.

7.4.2 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.

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

8.1 Tell us you want to end the contract.

8.1.1 To end the contract with us, please contact us by using one of the methods set out in clause 2.2 above; or

8.1.2 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.

8.1.3 You must contact us and confirm cancellation prior to returning any goods to us.

8.2 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.

8.3 When we will pay the costs of return. We will pay the costs of return:

8.3.1 if the products are faulty or misdescribed;

8.3.2 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.

8.4 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.

8.5 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.

8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

8.6.1 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.

8.6.2 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.

8.7 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:

8.7.1 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.

8.7.2 In all other cases, your refund will be made within 14 (fourteen) days of your telling us you have changed your mind.

9      Goods damaged or lost in transit

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

9.1.1 Retain the damage or destroyed goods and associated packaging the same condition as they were received by you;

9.1.2 Not amend, alter, deface or otherwise change the relevant goods;

9.1.3 Store the goods in a suitable, cool and dry location;

9.1.4 Provide us with such assistance as we reasonable request in respect of any claim we pursue with the person who delivered the relevant goods;

9.1.5 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.

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

9.2.1 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

9.2.2 provide us with such assistance as we reasonably request in respect of any claim we pursue with the person who delivered the relevant goods.

10     Our rights to end the contract

10.1 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:

10.1.1 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;

10.1.2 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;

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 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.

11     If there is a problem with the product

11.1 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.

11.2 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.

Summary of your key legal rightsThis 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.

See also clause 7.3.

 

11.3 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.

12     Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order or as we may notify you in any telephone call. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 4 for what happens if we discover an error in the price of the product you order.

12.2 VAT. We are VAT registered in the UK. Our VAT number is GB 278682153. Our stock is sold in accordance with the VAT margin scheme (second-hand goods) unless otherwise stated. Input tax has not been and will not be claimed in respect of goods sold or purchased by us.

12.3 We will pass on changes in the rate of VAT. If the laws relating to whether we are required to charge VAT charges or the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.5 How you must pay. Our payment online is outsourced via PayPal, a woocommerce payment gateway. We also at our absolute discretion accept payment via bank transfer or cash upon collection, please contact us by using one of the methods in clause 2.2 if you would like to arrange payment via bank transfer or cash upon collection. We do not accept payments via cheque or card payments over the telephone.

12.6 When you must pay. You must pay for the goods by no later than 1 (one) working day after we accept your order and before we dispatch the goods. Where you are making a purchase online you will be required to make payment on or prior to completion of your order.

12.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (four percent) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13     Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14     How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15     Other important terms

15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 (thirty) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under these terms (except someone you pass your guarantee on to). these terms are between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to these terms and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Schedule 1

Sale of goods to us

 

1     These terms.

1.1 What these terms cover. These terms are the terms and conditions on which you sell goods to us.

2      Making a sale.

2.1 Sale. If you wish to make a sale please submit the enquiry form or contact us by telephoning 01932 640113 or 07983 930113 or by writing to us at phil@pm-antiques.co.uk. We will not be bound to purchase any products or goods from you and no binding contract will come into existence until we accept your enquiry and issue you with a sales receipt.

2.2 Information. You must provide us with all relevant information that you have of the goods relating to the provenance, export/import history, condition, attribution and authenticity.

3     Warranties and obligations.

3.1 You make any warranties implied by law, you warrant us that any information that you provide in relation to the goods is complete, correct, and up-to-date and, where applicable, that the goods have been lawfully obtained and imported/exported as required by the laws of any applicable country with any duties/taxes paid.

3.2 You also guarantee to us that the goods which you sell to us are of a reasonable quality and fit for any purpose of which we make you aware.

3.3 You must inform us promptly if you find out that any information you have provided of the goods to be incorrect or incomplete.

3.4 You warrant that you are the true owner of the goods or are properly authorised to sell the goods by the true owner and are able to sell the goods to us without restriction and without the consent of any other person.

3.5 You are solely responsible for paying any outstanding duties and taxes that are found to be due on the goods that you sell us.

4     Contract.

4.1 Any information that you provide in relation to the goods may form part of the contract between the both of us.

4.2 We have the right to reject the goods if the information provided is inaccurate.

4.3 Rejected goods will be returned to you at your expense.

4.4 Unless we agree otherwise, you are required to arrange delivery of the goods to us at your own expense – an insured carrier is advisable.

4.5 You are responsible for the goods and they are at your risk until they are safely received by us. We are not obliged to accept goods damaged in transit.

4.6 We will make payment to you within 28 (twenty eight) days of receipt of the goods via the payment method specified on your sales receipt.

4.7 The price we pay for the goods will be as agreed between you and us.

4.8 The goods will become our property on the earlier of (i) payment by us for the relevant goods and (ii) delivery of the goods to us or collection of them by us.

4.9 We are only able to issue you with a sales receipt once you have provided us with the necessary information, which may include (without limitation) the following:

4.9.1 Vendor name

4.9.2 Address

4.9.3 Email address

4.9.4 Telephone number

4.9.5 Method of payment and payment information

4.10.0 Any information you provide us will only be used in accordance with our Privacy Policy which can be found here.

 

Schedule 2

 

(Complete and return this form only if you wish to withdraw from the contract. A copy can also be provided to you on request.)

To PM Antiques & Collectables, at registered address 45 Fletcher Road, Ottershaw, Chertsey, KT16 0JZ, telephone number 01932 640113.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*]

 

Name of consumer(s)

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate