This Agreement is made between Vintage Giving and you, the User accepting it. You must accept the terms and conditions of this Agreement before using the Website, and your continued use of the Website is conditional on your acceptance of and compliance with its terms.
1. In this agreement (the “Agreement”), the following words will have the following meanings:
“Business Hours” means 10.00am to 18.00pm Monday – Friday, excluding bank and public holidays.
“Contract” means a contract for the sale of a Group of items by a User to Vintage Giving, which arises as a result of that User offering to sell the Group of items for the price set out in a valid Appraisal provided by Vintage Giving in respect of that Group of items and Vintage Giving accepting that offer.
“Appraise” means the performance by Vintage Giving of an assessment of a Group of items, which shall take into account the condition and likely market value of those items, which shall result in Vintage Giving deciding either; a price that it is willing to pay to a User for that Group of items, or to Reject that Group of items. “Appraisal” shall be interpreted accordingly.
“Group of items” means a number of items of the type specified in clause 1 that you wish to sell to us in accordance with this Agreement;
“Reject” means the decision by Vintage Giving to decline to enter into arrangements to purchase a Group of items from you, by way of declining to perform an Appraisal in respect of that Item, declining to provide a price in respect of that Item subsequent to an Appraisal, or otherwise as set out in this Agreement. Terms such as “Rejection” shall be interpreted accordingly.
“Vintage Giving” or “we/us/our”
means Vintage Trading Solutions Ltd, a company registered in England and Wales with company number 03862799;
“Website” means VintageGiving.com and also includes any other web-services or mobile applications on which you may sell your Items to us;
“Welcome Pack” means the pack that is sent out in the post following the submission of a request on the VintageGiving.com website. A welcome pack includes; welcome letter, instructional brochure, 2x freepost labels, 2x return forms and sorting bags.
“Working Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“User” means a user of the Website.
“you/your” means you, the person using the Website and sending a Group of items to us to be purchased by us or recycled as set out in these Agreement;
2. We may vary this Agreement from time to time (in accordance with clause 10.8) you agree to check the terms of this Agreement each time that you send a Group of items to us in order to ensure that you are familiar with the version then in force.
2.1 The Website has been developed for use by consumers acting as private individuals, and not by businesses, charities, or other similar commercial or non-commercial organisations. You agree that you will not use the Website or any of the services offered by or through it in order to carry on a trade, business, charity or any other analogous operation.
2.2 By accessing or using the Website, you confirm that:
2.2.1 you are an individual consumer legally capable of entering into binding contracts
2.2.2 you are the legal owner (or will obtain the permission of the legal owner to freely dispose of) all Items that you send to us;
2.2.3 you are at least 26 years of age or, if you are under 26 years of age, have obtained a parent’s or guardian’s consent to send Items to us
2.2.4 you are based in the UK.
2.3 If we find upon inspection of the Items that you have sent that they have been registered or reported lost or stolen, or we believe the Item you have sent to us could be counterfeit we will notify you by email and quarantine the items whilst we contact the relevant authorities.
2.4 You may only create one account on the Website. You agree that we shall be entitled to delete or terminate any account immediately and without notice if we consider that it is being operated by any User that is operating more than one account, In such circumstances we reserve the right to withdraw all outstanding offers to purchase Items received from that User (via any account which we consider was used by that User).
1. Items that we accept
1.1 We will Appraise Items which fall into the following categories (each a ‘Category’ and together the ‘Categories’):
1.1.1 Costume Jewellery
1.1.2 Watches, Clocks & Timepieces
1.1.3 Medals & Militaria
1.1.4 Old Currency
1.1.5 Silver Plate
1.1.6 Gold Plate
1.1.8 Toys & Games
1.1.9 Writing Instruments
We may Appraise any items that we receive that do not fall into one of the Categories. Where we receive such items we reserve the right to include them in Group of items that we Appraise, or to consider them as separate to the Group of items and return them to you.
2. Items that we do not accept
2.1 We will not Appraise Items which fall into the following categories (each a ‘Category’ and together the ‘Categories’):
3. Sending your Items to us
There is one way to send your Group of items to us.
3.1 Parcelforce pre-paid postage label
3.1.1 Each welcome pack contains two pre-paid postage labels. In order to send us a Group of items you must affix one of the labels to the parcel containing your Group of items (each a “Parcel”) and send it to us from a Royal Mail Post Office.
3.1.2 You agree that Vintage Giving may place restrictions on the type, size, or weight of Items that you may send using the pre-paid label provided to you. The weight must not exceed 30kg. The size of the Parcel must not exceedthe absolute maximum size of 3 meters length and girth combined with a maximum length of 1meter. This is calculated as the depth x 2 + The width x 2 + the length. So if you have a carton that is 33cm x 44cm x 50cm that would be fine as the length is under 1m and the total cube is under 3m as the calculation is 33cm x 2 (66cm) + 44 x 2 (88cm) + 50cm= 204cm it cant go over 300cm (Which is the 3 meters).
3.1.3 Vintage Giving offers a claims process for Parcels lost in transit. Call us on 0113 234 1001 or email us on donate@VintageGiving.com for details of how to use this.
3.1.4 Vintage Giving accepts no liability for items which are damaged during postage as a result of being poorly or insufficiently packaged, or which you send in contravention of instructions received from us. Please ensure that you package all Items that you send to us carefully as we will only Appraise Items on an ‘as is’ basis.
3.1.5 Please note that each Parcel is insured up to a value of £300. If you believe that the Group of items that you wish to send in a Parcel is worth more than £300 then please call us to discuss how best to deliver it to us before dispatching it as per clause 3.1.1. Vintage Giving will not be liable for your decision to send a Group of items worth more than £300 to us in a single Parcel, so please do not do so without contacting us first.
3.1.6 All Parcels have their seals removed under CCTV monitoring. In the event of a dispute the CCTV footage will be reviewed.
4.1 After confirming receipt of your Group of items we will Appraise them within 3 days and provide you with an e-mail and SMS notifying you of the outcome.
4.2 Each Appraisal is valid for 14 days. At any time during that period you may notify us that you wish to accept the Appraisal by using the functionality provided on the Website.
4.3 By accepting an Appraisal in this fashion you are offering to create a binding legal Contract between you and Vintage Giving in respect of the Group of items set out in the Appraisal. If your offer is accepted, all ownership of and title to your Items will pass to Vintage Giving and in return for the Group of items you will receive the sum detailed in the relevant Appraisal.
4.4 If you are not happy with an Appraisal of your Items, then you may decline that Appraisal using the functionality provided on the Website. If you do this, then your Items will be deemed to be Rejected, as set out in clause 5.
4.5 Neither title to, nor risk in, items shall pass to Vintage Giving until a contract for purchase of those items has been concluded as set out in clause 4.3. You accept that you will remain liable for all loss or damage to your Items until that time.
4.6 Payment for a Group of items will be made by Vintage Giving as detailed in clause 8.
5 Rejection of Goods
5.1 Vintage Giving reserves the right to Reject any Item for any reason and shall not be obliged to provide any reason or justification for Rejection to you or any other user of the Website.
5.2 If after receiving your Items Vintage Giving does not wish to Appraise them, or on concluding an Appraisal concludes for any reason that it does not wish to purchase them, it will notify you by e-mail that your Items have been Rejected. Alternatively, if we do not Appraise your Items within 7 days of confirming receipt of them then they will be deemed to have been Rejected.
5.3 Where Vintage Giving Rejects a Group of items that you have sent then you will be notified by e-mail and the items will be posted back to the address you registered with us on your account.
5.4 Where Vintage Giving receives a Group of items from an individual in it may choose to Appraise certain Items and Reject others. Where this is the case and the user who sent the Group of items accepts the Appraisal, entering into Contracts for the sale of the specified Items, Vintage Giving will arrange for return delivery of the Rejected Items at its own expense.
5.5 In the event that your Group of Items is subsequently returned to us after a delivery is attempted, the Group of Items will be held at our facility for a period of no less than 28 days after which time the Group of Items will be deemed abandoned and we will seek to dispose of them at our discretion.
6 Your Cancellation Rights
6.1 You have a legal right to cancel any contract that you make with us at any time, without giving any reason, within 14 days beginning on the day after that contract with us is formed. This is called the “Cancellation Period”. However, please note that the Cancellation Period will end immediately at the point that we begin providing services to you. As such, your right to cancel any contract that you make with Vintage Giving for the sale of a Group of items will end immediately at the point at which funds are transferred from Vintage Giving to you. Alternatively, if after sending goods to Vintage Giving you decide that you do not wish us to Appraise them, then you may by notify us in writing, where you provide such notice your goods will be Rejected by Vintage Giving in the usual way.
6.2 If you do wish to exercise your cancellation rights, please contact us and tell us in writing that you want to do so within the Cancelation Period by contacting us at donate@VintageGiving.com
7.1 You must not send us any Item which it would be illegal for you to post or sell, for our chosen carrier to handle, or which in our reasonable opinion it would be unlawful for us to store or purchase from you (including, without limitation, counterfeit or stolen Items, firearms and other offensive weapons, or hazardous chemicals). You accept that, in the event that you breach this clause
7.18.1 that Vintage Giving shall be entitled to deal with any such goods received as it sees fit without making any payment to you (including reporting and delivering the relevant Items to the police without providing any notice to you) and shall be entitled to report such activity in full to the relevant authorities. Vintage Giving has a zero tolerance policy on stolen goods and will report all items that it suspects are stolen to the police.
7.2 You must not send Items to us for any reason other than for the purpose of an Appraisal. Vintage Giving does not provide storage or any other service in relation to Items, and reserves the right to charge for any cost which it incurs in relation to your breach of this clause.
7.3 You agree to indemnify and hold harmless Vintage Giving against all loss or damage that it may suffer as a result of your breach of clause 7.1 or 8.2, including but not limited to any cost that Vintage Giving may incur as a result of being caused to breach any of its statutory obligations as a result of receiving an unlawful item from you.
7.4 You agree that Vintage Giving, and its agents, shall have no liability to you for any loss or damage that you may suffer, nor for any criminal prosecution to which you may become subject, arising from your breach of clause 7.1 or 8.2.
8 Payments to Users
8.1 Payments to users who enter into Contracts will be made by bank transfer, Paypal or by cheque. Unless otherwise stated on the Website or in a communication directed to you from Vintage Giving, the choice of payment method will be determined by the user and shall be specified in the relevant form sent with the Group of items.
8.2 Where you enter into a Contract Vintage Giving will make payment to you:
8.2.1 By making a bank transfer, using the details supplied by you via the Website, within 48 hours of accepting your offer to enter into a Contract; or
8.2.2 By processing a paypal transfer to you using your email address details supplied by you via the Website, within 48 hours of accepting your offer to enter into a Contract; or
8.2.3 By dispatching a cheque to you by post, using your address details supplied by you via the Website, within 48 hours of accepting your offer to enter into a Contract.
In each case Vintage Giving will notify you of its choice of method of payment, and will inform you when a cheque has been dispatched or bank transfer authorised.
8.3 Bank transfers may take up to two days to clear after authorisation, and you should be aware that many banks do not process transactions on weekends and bank holidays. If a bank transfer takes longer than this to reach your account, please contact Vintage Giving directly to arrange for remedial action to be taken.
8.4 Paypal transfers may take up to two days to clear after authorisation. If a paypal transfer takes longer than this to reach your account, please contact Vintage Giving directly to arrange for remedial action to be taken.
8.5 Cheques will be dispatched by Royal Mail 1st class and typically take 2 days to arrive. Vintage Giving shall have no liability to you for any delays in carriage of a cheque. If a cheque fails to arrive, then you may notify Vintage Giving and we will (once adequate steps have been taken to cancel the original cheque) issue you with a replacement.
8.6 Vintage Giving shall have no liability for any inaccuracy in the payment details that you provide to us. It is your sole, personal, responsibility to ensure that you input accurate address and/or bank details on the Website and keep those details up to date at all times. Accordingly, Vintage Giving shall have no liability for any loss that you may suffer as a result of any payment being sent or transmitted to an incorrect address or account, or delayed in any way, as a result of any error made by you.
8.7 All quoted payment timescales are subject to variances, especially during busy periods and the holiday season, and we will not be liable for any losses that you may suffer if for any reason we fail to make a payment outside of the timescales referred to herein.
8.8 All payments are inclusive of VAT, which it is your sole responsibility to report and pay to any relevant authorities.
9.1 To the extent that Vintage Giving is liable to you for breach of contract, negligence or any other liability arising under this Agreement, our total liability to you shall be limited to £300 per Group of items relevant to the claim, and in any event our aggregate liability to you for all claims arising under this Agreement shall at all times be capped at £1,500.
9.2 We shall not be liable for any special indirect, punitive, incidental, special or consequential damages, nor for any loss or damage to Items caused by any third party, nor shall we be liable for any loss of profit, loss of income, loss of anticipated savings, or loss of the use of money.
9.2.1 Any claims for missing or damaged items MUST be submitted to us within 30 days of the parcel being posted - whether that’s you sending your parcel to us or Vintage Giving sending it back to you.
9.3 Nothing in this Agreement shall exclude or limit our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.4 Nothing in these Agreement shall affect your statutory rights.
10.1 All notices given by you to us must be addressed to donate@VintageGiving.com. We may give notice to you at the postal address you provide to us when placing an order, the address which you provide using the functionality set out on the Website, or at the contact e-mail address that you provide to us using the Website. Notice will be deemed received on the day on which it is left at the above address if you deliver it by hand; on the day on which it is received by us if posted; or on the day on which it is sent if by email.
10.2 You may not transfer this Agreement, nor any of your rights or obligations arising under it, without first obtaining our written consent.
10.3 We may transfer this Agreement, or any of our rights or obligations arising under it, at any time and without providing notice to you.
10.4 We will not be liable or responsible for any failure to perform, or delay performance of, any of our obligations under the terms of this Agreement, of the terms of a Contract, that is caused by events outside of our control (each a “Force Majeure Event”).
10.5 Our performance of this Agreement, or any relevant Contract, will be suspended while a Force Majeure Event occurs and/or renders performance of our obligations impossible, and we will have an extension of time to perform our obligations under the Agreement or Contract for that period. If the Force Majeure Event continues for more than a month we or you may terminate this Agreement or an affected Contract by giving 7 days’ notice in writing.
10.6 Failure by either party to exercise a right granted to it by this Agreement shall not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver of a right under this Agreement will not be a waiver of any subsequent default. A waiver of a right under this Agreement shall not be effective unless it is stated to be a waiver and is communicated to the other party in writing.
10.7 If any term of this Agreement or any provision of it is determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.
10.8 We reserve the right to revise this Agreement from time to time to reflect changes to the way we do business, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the Agreement in force at the time that you place an order with us. Where we change or revise this Agreement we will notify you by e-mail using the e-mail address supplied by you using the website’s functionality.
10.9 A person who is not a party to this Agreement shall have no rights in relation to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
10.10 This Agreement shall be governed by the laws of England and Wales and the parties agree that any claim arising out of it or its subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales.