KEY FACTS IN THE TERMS AND CONDITIONS
(These should be read in conjunction with the full Terms and Conditions)
To assist you when reading the terms and conditions, the following are some of the key concepts explained in a little more detail. Highlighted words are further defined in the glossary at the end of the terms and conditions:
1. You place an order to BUY item(s) and/or particular services (such as storage)
2. You make an offer to SELL your metal to us (being precious metal based product you own)
3. Before an order or offer is accepted you must meet certain preconditions, including making payment and providing ID if requested. Once ownership of the item(s) passes to you they are referred to as your goods for the purposes of these terms and conditions, i.e. It is your goods that are placed into allocated storage.
4. You are committed to your order or offer at the time it is placed, which is when a contract is formed and you are then liable for the cost of any goods or services you have requested.
5. There is no statutory right to return or cancel an order once placed under the Financial Services (Distance Marketing) Regulations 2004. The goods we supply are dependent on fluctuations in financial markets.
You can however request that we terminate an order you have placed in some circumstances – this is referred to in the terms and conditions as a request to use our termination service.
If you do choose to terminate an order prior to despatch/collection you will be charged for any fall in the underlying metal price for the goods from when the order was placed to when it was terminated, along with a termination fee.
6. You can choose to place products (your goods) into allocated storage when placing an order, which we will arrange on your behalf. Your goods will be stored with one of our subcontractors who will arrange for appropriate insurance cover for them.
7. You can choose to sell your stored item(s) or have them delivered to you by contacting us during our normal office hours as advertised on our website. Additional fees may apply to this – further details are available on our website.
8. After placing a storage order you will need to provide certain details, including certified ID and to set up a direct debit mandate in our favour so that we can collect storage fees. Once in place you will be referred to as an account user within these terms and conditions.
9. You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with and instruct the courier to return the package to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address.
10. We are unable to accept any liability for packages that have been delivered to houses of multiple occupancy, work addresses, PO boxes, mail boxes or where a postal redirection is in place once signed for or confirmed by our couriers as delivered to that address. Refer to Section C, clause 27, “Place and time of delivery” for further details.
TERMS AND CONDITIONS
These terms and conditions apply as part of your contract with us when you buy or sell any goods with BullionByPost®, or use any of our services. They apply whether you use our services via our website at www.bullionbypost.co.uk, our helpline or in person. All other terms and condition are excluded - see clause 20, below.
SECTION A – APPLIES TO ALL CONTRACTS
Your attention is particularly drawn to what is said in the clauses marked ‘*’ in this Section A.
1. WORDS WITH A SPECIAL MEANING In these terms and conditions when words and phrases are shown in bold italics they have a special meaning. The terms “we”, “us”, and “our”, and “you” and “your”, and “including” (and similar) also have a special meaning. See the glossary in our FAQs to find out what they mean. To understand these terms and conditions you must read and understand the glossary.
2. PARTIES The customer under the contract is you. The supplier under the contract is Jewellery Quarter Bullion Limited trading as BullionByPost®. We are a company limited by shares, registered in England with number 6758398, VAT number 941 5123 47, and Data Protection Register number Z211784X. Our registered office is at Floor 16, Centre City Tower, 7 Hill Street, Birmingham B5 4UA.
3. SUBCONTRACTORS We use subcontractors to help us to provide some of our services for you. You can find out at any time which subcontractors we use for the services you buy from us by reading our FAQs for your chosen service(s). We may at any time subcontract any part, or all of our business or services. We may also at any time change our subcontractors, including those who directly provide any services to you (such as carriers who make deliveries).
4. CONTRACT BETWEEN YOU AND US
An order or offer made by you Each order that you make constitutes an offer by you to buy from us the goods and/or services stated in the order, subject to these terms and conditions. Each offer constitutes an offer by you to sell your metal to us, subject to these terms and conditions. Information published on our website, and correspondence from us by phone, email or otherwise do not constitute an offer or give rise to any contract.
Formation of the contract The contract is formed between you and us at the moment you place your order or make your offer via our website, our helpline or in store subject to these terms and conditions.
Preconditions We will not be bound to meet our obligations under the contract until the preconditions have been met by you, and we agree to accept your order or offer. The preconditions are:
(1) We have received ID from you when requested and your ID is verifiable and verified by us.
(2) We have received payment from you for your order.
(3) (When you are selling metal) You meet our metal-selling standards and we have received full details of your payment account and the metal.
(4) (When you ask for our storage service) You must be an account user. This is because we require you to pay us by direct debit.
(5) (When you ask for our trustee service) We have received evidence of the valid appointment of your personal representative(s), Deputy or trustee(s), and their appointment and identity is verifiable and verified by us.
(6) No default or problem has arisen.
This clause 4 applies to all orders and offers, including those from account users.
Note: Acceptance of your order will be deemed to have occurred when your items are despatched for delivery, collected or placed into storage.
5. DURATION OF CONTRACT The contract under which you buy item(s) starts on the commencement date and lasts until the time and date when we complete the last outstanding transaction or service in your order or offer.
6. INVESTMENT ADVICE We are not authorised by the Financial Conduct Authority and cannot give advice comparing precious metals with regulated investments. We also cannot provide advice on any potential tax implications of you entering into the contract with us. It is a condition of the contract that if you need investment or tax advice in relation to goods or metal, you must rely on your own financial, tax and/ or accounting advisers.
*7. HOW LONG YOU CAN RELY ON INFORMATION We aim to publish complete and accurate information on our website about the goods, our services. The information on our website and in your order or offer may sometimes not be complete or accurate. We may correct or change any information for goods requested in your order at any time before we accept your order or offer. If we need to make corrections or changes we will tell you so you can decide whether to withdraw your order or offer, or confirm it.
8. PRICES Unless we make a change under clause 7, above, the price under the contract is the price for the goods and services as stated in the order, or the price for the metal which we propose to you at the time when you submit the offer. Costs or charges which you incur due to a default or problem are also payable as part of the price of your order or offer.
Our prices change regularly. If we complete an order and you subsequently request services in relation to item(s) under the previous order, your request will constitute a new order for services which will be subject to our then-current prices. The prices that applied when we accepted the previous order will never apply to the new order.
9. OUR SERVICES The services we must provide under the contract are the transaction and services as described in our acceptance of the order, or the transaction as described in our acceptance of the offer. The menu of goods and services you can choose from is as stated on our website as being available for order, or as otherwise agreed with us in writing.
Your choice of transaction or services will determine which provisions of these terms and conditions apply under the contract. Section A applies to all contracts. Each of the other Sections applies to the particular transaction or service requested in the offer or order, and applies to the contract in addition to Section A.
*10. LIABILITY AND INSURANCE
*Our unlimited liabilities Our liabilities are unlimited for: (1) death or personal injury caused by negligence of us, our employees or subcontractors acting under their agreement with us to help us perform our services for you, and (2) fraud or fraudulent misrepresentation by us, and (3) breach of your statutory rights.
*Our liabilities that are excluded or limited Our liabilities are excluded and limited as stated in the Section of these terms and conditions that applies to the service which gives rise to the liability.
Note: Except for our liabilities which are stated above as being unlimited, under no circumstances whatsoever will we be liable to you for any loss of profit, or any indirect or consequential loss or damage arising under or in connection with the contract or any transaction or service.
Any other liabilities of ours not referred to above, or not excluded or limited as above, are limited to the amount of our relevant insurance cover if we have relevant insurance in place or if we have no insurance cover in place to the price stated in the accepted order or offer for the relevant transaction or services (if any). If a price is not ascertainable, these liabilities are limited to £100.
*Our insurance We will not take out insurance specifically to cover risks under the contract unless we have agreed this with you, and our charges for arranging and maintaining such insurance, in writing. We may choose to use insurance to cover risks to our business as a whole, including all our contracts and all our customers but are not obliged to take out or maintain insurance. If we agree to meet liabilities (or we are ordered to meet them) and we have alternative ways of funding the liabilities, we can choose whether or not to draw on our insurance.
11. OUR FACILITIES We normally operate via our website and a helpline at the telephone number advertised on our website. We provide the facilities without fee or charge (unless a default or problem arises), and they are provided “as is”. We do not guarantee the availability of the facilities, or that they will continue to be available in their current form, or at all.
Your use of our website and helpline is subject to our Acceptable Use Policy. If you use our website in a way that breaches our policy in any way, we may exercise any of our remedies under clause 16 in relation to your use of the website.
You must not use any of our intellectual property without permission, except that you may make incidental use resulting from you using (for personal purposes only) our website or helpline in accordance with our policy, or corresponding with us.
Our policies are subject to change. The latest version is always available on our website. The contract applies to the policies as they stand at the date and time when you use the facilities.
12. RISK NOTICE We sell goods and buy metal, based on the global metal market’s prices, which are outside our control, and change frequently. The historical performance of our price, or the global metal market’s prices of goods and metal is not a reliable indicator of future prices.
13. CANCELLATION RIGHTS You have no statutory right to cancel the contract if you change your mind. This is because the prices of the goods and metal are subject to fluctuation: see the Risk Notice in clause 12, above.
Note: You can however choose to terminate your order at any time prior to delivery or collection of your item(s) under clause 14. This will incur additional charges including but not limited to, a termination fee and a fee based on any adverse movement in the underlying commodity price of your item(s).
14. TERMINATION AND CHANGES
Change or withdrawal by you of your order or offer Once you have submitted your order or offer you cannot change or withdraw the order or offer unless we make any change under clause 7, above, and we ask you to confirm or withdraw your changed order or offer.
Termination of contract by you You can terminate a particular transaction or service at any time and this will be treated as an order for our termination service, for which you will incur a fee. We will confirm to you in writing or verbally if and when we have accepted your order for termination. See clause 15, and the Sections of these terms and conditions that apply to the services you wish to terminate, for details of the process and any costs and charges that apply. Apart from that, you may not terminate the contract or any part of it except by giving us written notice after a material breach by us has occurred, or as permitted (if at all) by the Section of these terms and conditions that applies to the transaction or service.
Note: If you wish to terminate due to a material breach by us, for the termination to be valid you must show us evidence of the breach if we ask (and if it is reasonable in all the circumstances for us to ask).
*Termination of contract by us Before we terminate the contract we will always consider whether any default or problem could be remedied. If it can, we will try to contact you and work with you to try and remedy the breach. However, when a default or problem in our view cannot be remedied, or it is not remedied within reasonable time after we try to contact you about it, or as a result of uncontrollable factors as set out in clause 20, we reserve the right to terminate. In this case we may terminate the contract or a particular transaction or service by giving you written notice, or as permitted (if at all) by a Section that applies. We can also terminate (or treat as being terminated) the contract or a particular transaction or service, if we are released from our obligations under the contract or in relation to the particular transaction or service.
*Changes to your details If you are an account user and there is any change to the details that we required you to provide for us to set you up as an account user, you must notify us of the changes immediately. The same applies if you lose your account card that we issue to account users. After notifying us you will have to deliver to us the account card (or written confirmation that you have lost it) and any further ID as requested, at your cost. If you do not do so we may exercise any of our “Suspension, refusal, blocking” rights, as at clause 16 below, and may be entitled to terminate pending transactions or services or the contract. We may at our absolute discretion treat it as a default or problem.
If you are not an account user and there is any difference between the details we hold for you from an earlier or completed order or offer and the details you supply for a new order or offer, we may require you to provide full and fresh ID for us to verify in full as part of the preconditions of the new contract.
*15. CONSEQUENCES OF TERMINATION OR REMEDIES If you or we terminate the contract or any part of it, either by valid notice or mutual agreement, all of the following consequences will apply to the contract or the part of it that is terminated:
(1) You will be liable for any adverse movement in the underlying metal price based on the difference in the global market spot price from when your order was placed and when the termination is accepted by us, multiplied by the precious metal content of your item(s).
(2) A termination fee will be incurred.
(3) You may have to provide payment for additional services such as delivery of goods to you.
(4) All sums payable to us in respect of the period up to and including the date of termination will fall immediately due and payable. This includes sums referred to in paragraph (1) immediately above, and fees and charges for any default or problem. You must pay those sums to us immediately.
(5) Our obligations under or in connection with the contract will cease to apply, and we will no longer meet those obligations. This includes any obligation to complete transactions and/or to provide services which are terminated.
We do not breach the contract or any other obligation to you, or become liable to you, purely by virtue of terminating the contract or any part of it (provided we do so validly), and the same applies if you terminate validly. We also do not breach the contract or any obligation to you, or become liable to you, by virtue of exercising our remedies (provided we do so properly).
Termination or exercise of our remedies will not affect your or our accrued rights and remedies. Provisions in these terms and conditions which expressly or by implication have effect after termination will continue in full force and effect.
16. OUR REMEDIES We will act reasonably and proportionally when exercising our remedies. We may exercise the remedies set out below.
*Reliance on your order We are entitled to rely on your order as being complete and accurate. It is your responsibility to ensure that the order is complete and accurate. Whilst we will carry out ID verification and check that your order contains the information we need, we read your order for our own purposes and may not pick up errors or omissions. You cannot rely on us to detect your errors or omissions. If we have to deal with errors or omissions it may be a default or problem.
*Special fees and charges If there is a default or problem we may charge you fees and charges in accordance with our tariff.
*Additional information You must provide additional information if we ask for it and our request is reasonable. If you fail to provide such information when asked it will constitute a material breach by you. It will always be reasonable for us to ask for information relating to the preconditions.
*Your death or incapacity If you die or cease to have mental capacity your personal representatives (following your death) or Deputy of the Court of Protection (in the event of your incapacity) must inform us as soon as possible of their appointment by submitting an order for our trustee service.
*Voluntary trusts This applies if we provide our storage service for you. Your goods stored by us may be held on trust. You may hold them on trust for someone else, or you may choose to place them in trust where someone else is the trustee. In either case you must inform us by submitting an order for our trustee service. We will keep a record of the trust arrangement.
Trustee service To use our trustee service, Clause 4 will apply. We will treat your verified personal representative(s), Deputy or trustee(s) as being you for the purposes of the contract.
*Suspension, refusal, blocking We have the following rights under the contract if there is a default or problem or a material breach by you, or if any insolvency on your part occurs, or if we have reasonable grounds to suspect any of the foregoing. We may choose to exercise these rights in addition to any right of termination we may have, or as an alternative. We will tell you that we are exercising our rights, and we may do this by email, phone or by formal written notice. Our rights are that we may:
- suspend processing of all or any part of your orders, offers, or transactions; and/or
- suspend and/or stop you using all or any of the facilities which are available to you by virtue of you being an account user; and/or
- suspend and/or stop provision of all or any services; and/or
- refuse to receive orders or offers or payments from you, and/or to provide or operate user accounts and/or associated direct debits for you; and/or
- cancel your user accounts and/or your status as an account user, and/or associated direct debits; and/or
- block your access to our website and/or helpline facilities.
*Insolvency in relation to you If any insolvency on your part occurs before you become the legal owner of the item(s) (or we have reasonable grounds to believe such insolvency is about to happen) then, without limiting any of our other rights or remedies under the contract or at law: (1) we will not be obliged to complete any storage service or any collection or delivery service that you have requested, and (2) we may take the item(s) back and you must give them back immediately if we ask, and (3) if necessary we may enter any premises which you own or control, to get the item(s). If we take the item(s) back we will either not process the payment from you, or will reimburse it to you.
*Indemnity against tax You must indemnify us on request against all or any direct or indirect taxes, duties, levies or similar payable by you in any jurisdiction in relation to any contract, including for supply of goods or services. This means that if we are asked to make any such payment for you, you must reimburse us.
*Our right to withhold your property We can hold on to any item(s) that belong to you or that you order, if you owe us any payment or other sum. If you ask us for our collection or delivery service we will not be obliged to provide any of those services until you have paid the outstanding sums as well as the price for the order for the service(s).
*Set off We may at any time set off any sum of money you owe to us against any sum of money that we owe to you, whether or not either liability arises under the contract. If we exercise this right validly, it will constitute a default or problem and you will have to pay our tariff. We may only exercise this right if we have asked you in writing for payment at least 5 working days previously and we have not received it. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.
*Set off against item(s) We have this right if we provide our storage service for you. If we are entitled to exercise our right of set off, above, and we owe you no money or less than the amount you owe to us, we may exercise our right of set off against item(s). This means we will deduct from your goods that we store for you or which we hold ready for collection or delivery some item(s) up to the value of the money you owe us. We are unable to cut your goods, so if fractions are left over after we have exercised this right we will pay you the value of the fractions left over. We will exercise this right based on the value of your item(s) which we exercise the right against, as at the time when we exercise this right.
If we exercise this right validly, it will constitute a default or problem and you will have to pay our tariff. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.
*Excessive outstanding charges and tariff We have this right if we provide our storage service for you. If we do not receive payment for our charges and/or the tariff, and the total of the outstanding sums ever exceeds the value of the goods we hold for you as part of our storage service, we may cancel your user account and your status as an account user.
If we exercise this right validly, it will constitute a default or problem and you will have to pay our tariff. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law. For example, in these circumstances we are likely to exercise our rights of set off, above.
*Exclusion of certain statutory rights The terms implied into contracts by Sections 13 to 15 (inclusive) of the Sale of Goods Act 1979 and by Sections 3 to 5 (inclusive) of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
*Unclaimed funds If we are unable to contact you at any time we will try several times, over a reasonable period of time. We may also carry out searches to find alternative ways of contacting you, although we will try to avoid doing this as it will constitute a default or problem. If we are still unable to contact you within a reasonable period of time we may cash in your item(s) and, after settling our fees, charges and costs, pay the remaining sums to a charity of our choice.
17. VAT We will charge and collect from you, and you must pay, United Kingdom VAT at the rate applicable to the goods and services under the contract. We will account to HM Revenue and Customs in relation to VAT collected by us.
18. DATA PROTECTION By submitting an order or offer to us you give us your explicit consent allowing us to use your personal data as described in the privacy statement. We use your personal information as a data controller. The privacy statement is subject to change. The latest version is always available on our website. Your consent applies to the privacy statement as it stands at the date and time when you provide personal data and when we use it.
You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
Your email address is essential in order for us to be able to supply you with important information such as order confirmations and changes to the service, By registering with us you accept that your email address may be used to supply you with such information.
You can withdraw your consent at any time. This will constitute a default or problem because it will make it difficult or impossible for us to perform the contract or do anything else with or for you, and it may constitute a material breach by you.
19. GUARANTEE AND COMPENSATION SCHEMES No guarantee funds or other compensation arrangements apply in relation to any of our goods or services or to any payment or transaction, except for the direct debit guarantee which we will confirm to you separately if you become an account user.
Entire agreement The order or offer as accepted by us, and these terms and conditions, and documents referred to in these terms and conditions, constitute the entire agreement between you and us concerning the contract. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the agreement. You acknowledge that we have not provided you with any financial, investment or tax advice.
Exclusive status of these terms and conditions These terms and conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless they are written in the order or offer which we accept.
Uncontrollable factors We will not be liable to you as the result of any delay or failure in the performance of our obligations under or in connection with the contract which results from an event or occurrence which is beyond our reasonable control. In such circumstances we may choose to terminate the contract or the affected part(s) of it at any time by giving you written notice.
We are not obliged to buy metal from you. This is the case even if you bought the goods from us.
Normally we will execute your offer or order within 2 working days of the contract being formed, but we may take as long as we consider reasonable in the circumstances. This will be if there are uncontrollable factors, such as any insolvency, if for any reason there is exceptional demand for any of our goods or services, or we are unable to purchase sufficient goods from our suppliers to fulfil orders.
Authenticity When you buy item(s) from us it is a sale by description. Subject to Section D, “Storage of allocated goods”, if you wish to challenge the quality and authenticity of any item(s) you must do so by sending us written notice, which we must receivewithin 10 working days of you receiving the item(s) via our delivery or collection service.
Rights under the contract We may assign the contract, transfer the contract to someone else, make it subject to mortgage or charge, or deal in any way with our rights under it. Your rights under the contract are personal, however you may deal with them in these ways with our written consent.
Username and password Security It is your responsibility to ensure the confidentiality of your account username and password, and to inform us immediately if you have any reason to believe that your password has become known to anyone else. We cannot accept any responsibility for unauthorised use of your account where this is not the case.
Notices Any notice or other communication under the contract must be given in writing.
- You must address notices to us at our registered office address and they must be sent by “Signed For” Royal Mail post or similar, or by delivery in return for a written receipt by courier or in person. Notices may be given by email but must be forwarded to the intended recipient by post or courier or personal delivery. Notices will be deemed delivered on the date signed for.
- We must address notices to you at the address which you provide as ID and which we verify or to the email address you provided for your user account. If either address changes you must tell us.
These notice provisions do not apply to the service of any legal proceedings or other documents in any legal action.
Severance If any provision (or part of it) of the contract is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of it) will be deemed deleted.
Waiver A waiver of any right or remedy under the contract or law is only effective if it is in writing. Any waiver is specific to the time and circumstances in which it is given, and will not set a precedent or reasonable expectation.
Third parties A person who is not a party to the contract shall not have any rights to enforce its terms or conditions.
Variation Except as set out in these terms and conditions, no variation of the contract, including any additional, supplementary or special terms and conditions, shall be effective unless it is agreed in writing and signed by us.
21. LANGUAGE We communicate in the English language. Our website, other communications with you, and all our dealings with you before the contract, will be conducted in English, and these terms and conditions are available only in English.
22. APPLICABLE LAW The laws which apply to our dealings with you before the contract and to the formation of the contract, and which apply whilst the contract is in force, are the laws of the United Kingdom.
23. DISPUTES If you wish to dispute any matter relating to the contract you may raise the matter in writing addressed to our registered office address, for the attention of the Directors. We will respond within 20 working days.
24. JURISDICTION FOR DISPUTES The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim (whether or not it is contractual) arising out of or in connection with the contract or its subject matter or formation.
Section B – buy goods for delivery, collection or storage
Your attention is particularly drawn to what is said in the clauses marked ‘*’ in Section A and this Section B.
25. HOW YOU BUY GOODS
*Ordering process To buy goods from us, clause 4, above, applies. The order must specify which item(s) you wish to buy. Before we fulfil the order, the preconditions must be met.
Price The price of your order may include our charges for providing our selling service, and will include our charges for providing any other services in the order and charges for delivery (if applicable) in addition to the price of the item(s).
*Ownership and our liability Subject to our rights and remedies stated in Section C and Section D, we bear the risk of loss, damage or theft of the item(s) until our collection or delivery services and storage services (as applicable) are complete for the purposes of Section C and Section D.
The time and date when you become the legal owner of the item(s) depends on what services you request from us, and is subject to our rights and remedies under these terms and conditions.
- You buy item(s) and ask for our delivery service Subject to the preconditions, you become the legal owner of those item(s) when we complete our delivery service.
- You buy item(s) and ask for our collection service Subject to the preconditions, you become the legal owner of those item(s) when we complete our collection service.
- You buy item(s) and ask us to store them Subject to the preconditions, you become the legal owner of those item(s) when we confirm to you in writing that we have received payment and that your item(s) have been placed into storage.
Note: Once ownership of the item(s) has passed to you they are referred to as your goods for the purposes of these terms and conditions.
*Your obligations When you are the legal owner of the item(s) your obligations include paying all relevant taxes, duties and similar in relation to the item(s). Your risks include the risks of loss, theft or damage of the item(s), and of the item(s) causing loss or damage to you or us, or any other person.
Our obligations Subject as marked ‘*’ in this clause 25 and in Section A and the preconditions, above, and to our rights and remedies under these terms and conditions, we will sell the item(s) stated in the order to you.
Completion Our obligations to sell the item(s) are completed when you become the legal owner of the item(s), or when we have been released from our obligations under our collection or delivery services in accordance with these terms and conditions.
Section C - receive goods by delivery or collection
Your attention is particularly drawn to what is said in the clauses marked ‘*’ and ‘+’ in Section A and this Section C.
You can receive allocated goods which you buy from us by choosing either a delivery service or a collection service.
26. HOW YOU ORDER DELIVERY OR COLLECTION SERVICES
*Ordering process To use either of these services, clause 4, above, applies. The order must specify which of the item(s) that you have bought from us (or that we hold in storage for you) you would like to receive, and which of our collection or delivery services you require. Before we will provide the service the preconditions must be met. The collection service is not available for all item(s) so any request for collection will be entirely subject to our acceptance of your request. If the collection service is not available then you will be able to request use of the delivery service.
*Different services for different item(s) If you require some item(s) via our collection service, and some via our delivery service, you must complete a separate order for each service request.
*Part of your holding If part or all of the items(s) is/are held in storage with us the order must specify precisely which item(s) you would like to receive. If the order is not specific, we will choose for you and you must accept our selection.
Price The price of your order will include our charges for providing the service.
In the case of stored item(s) if you want to receive part of your holding we will have to extract all of your item(s) under the order, set aside the item(s) that you require for collection or delivery, then re-vault the remainder of the items(s) which you do not want to receive. You may incur charges for re-vaulting as well as for collection or delivery.
Our obligations Subject as marked ‘*’ above in this clause 26 and Section A and the preconditions and to our rights and remedies under these terms and conditions, we must provide the item(s) stated in the order via the collection or delivery service stated in the order. Normally we will make the item(s) available within 5 working days of your order, and this is what we will aim to do subject to clause 20, above (see “Uncontrollable factors”).
27. DELIVERY TO YOU (OR TO US, FOR COLLECTION)
*Place and time of delivery The goods will be delivered by our carrier to the delivery address as stated in the order. The liability for any loss is yours where delivery is subject to a postal redirection or to a PO Box or mail box address, or a house of multiple occupation.
We cannot be held responsible for delays in delivery or collection as a result of stock shortages, due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control. Any dates quoted for delivery are approximate only and the time of delivery will not be of the essence of the contract.
Note: All orders will be deemed delivered when signed for by any person at the delivery address or confirmed as delivered by our couriers. You must satisfy yourself before requesting any delivery that this will be secure as any loss incurred after the delivery is signed for at the address or confirmed as delivered by our couriers will be your liability. This may particularly be a risk for you if you live in a house of multiple occupation or you choose delivery to a work address.
You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with and instruct the courier to return the item to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address.
Delivery in instalments We may deliver the item(s) by instalments. This means that the order will be delivered in two or more separate packages. If we do this, each package will constitute a separate order, under a separate contract. If there is any delay or other problem with delivery of one package you will have rights and remedies under these terms and conditions in relation to that package, not the other packages.
*Investigation of non-delivery We are entitled but not obliged to investigate cases of non-delivery. We will consider investigating particularly if we suspect fraud. We may commission others, including investigators and professional advisers, to assist with any investigation.
*Fraud If you (either alone or with others) are found to have acted fraudulently in relation to non-delivery, we will have no obligation to attempt fresh delivery of replacement item(s). This will apply if you are found to have acted fraudulently by (1) any court or tribunal finding or decision, or (2) reasonable grounds for a suspicion established by any investigation by us or any law enforcer.
*Indemnity against loss You must indemnify us on request against all and any of our costs (including time spent by our staff) and expenses reasonably incurred in exercising our right to investigate non-delivery reported by you. This means that if we ask, you must reimburse us. This indemnity will be disapplied if you or our investigation into non-delivery can demonstrate there was no fraud, and that there are no reasonable grounds to suspect a fraud.
*Your obligation to accept delivery If no one accepts delivery at the delivery address the item(s) will be returned to us if not collected from the local sorting office. Normally we will try to contact you and attempt to re-deliver them. We do not normally treat this as a default or problem unless (for example) it happens repeatedly.
Ultimately, if we are unable to arrange re-delivery, or if re-delivery fails, it will be a default or problem, and at our discretion we may either (1) sell the item(s) and reimburse you for the sale price of the item(s) after deducting our fees, charges and costs, or (2) move the item(s) to storage with one of our subcontractors which will incur our storage and delivery service fees.
+Exclusion of our liability if you delay or fail to take delivery We will not be liable to you for any delay in delivery of goods to you or for any non-delivery, if it is caused by: (1) you being unavailable, (2) your instructions (or lack of instructions) relevant for delivery, or (3) by a person or factor that is outside the control of us or our carrier (e.g. traffic or emergency) or that is within your control.
+Liability for delivery factors outside your control Failed delivery is deemed to be always in your reasonable control unless it is demonstrably caused by us or our carrier and not at all by you.
*Limitation of our liability for our failure to deliver Subject as marked ‘+’ above, and to these terms and conditions, if a case of failed delivery is demonstrably caused by us or our carrier and not at all by you or a person or factor that is within your control, our liability shall be limited as follows (whichever applies):
- If we or our carrier still hold the item(s): to the cost (if any) of re-delivery.
- If we or our carrier do not hold the item(s): to the price (as stated in the accepted order) of the item(s) contained in the package that was not delivered, and the cost of our delivery service for that package.
We will be liable for failed delivery of a package containing the item(s) if there is no fraud or error on your part and, for example, we confirm the package was never sent, or our carrier confirms that the package was lost by the carrier, or stolen from it.
Note: It will be at our discretion as to whether we meet liability for our failure to deliver by replacing the item(s) or refunding to you the original price stated in the accepted order.
Delivery tracking Please read clause 18, above. Our Privacy Statement applies when you use our delivery service.
Completion Our delivery service is complete when we have completed our delivery obligations under these terms and conditions, or when we have been released from those obligations in accordance with these terms and conditions.
28. COLLECTION SERVICE
Price for collection Where your goods are stored, the price of the order may include charges for extraction if you choose to collect your goods which we hold in storage for you because goods are stored off our premises.
When you must collect You must collect the item(s) within 5 working days of us telling you they are available.
What you must bring for collection Our collection service is subject to conditions. On collection you must present to us the originals of the ID if requested, including any additional ID information we have requested from you, and it must match any ID previously provided to us, and we must still be able to verify the ID. If any of the conditions is not met, we will not provide your goods for you to collect.
*If you fail to collect on time If you fail to collect the item(s) within 5 working days of us telling you they are available, normally we will try to contact you and attempt to arrange collection again. We do not normally treat this as a default or problem unless (for example) it happens repeatedly.
Ultimately, if we are unable to arrange collection again, or if you do not collect within 5 working days of us telling you the item(s) are ready, at our discretion we may either sell the item(s) and reimburse you for the sale price of the item(s) after deducting our fees, charges and costs, or move the item(s) to storage with one of our subcontractors. We will also incur further delivery costs and expenses, and/or storage costs and expenses, and will charge you for this in line with our tariff.
When you visit us Please read clause 10, above. Our Acceptable Use Policy and Privacy Statement apply when you visit our registered office.
Completion Our collection service is complete when you have collected the item(s) from us, or when we have completed or been released from our obligations in accordance with these terms and conditions.
Section D - Allocated storage of goods
Your attention is particularly drawn to what is said in the clauses marked ‘*’ in Section A and this Section D.
29. HOW YOU ORDER OUR STORAGE SERVICE
*Ordering process To use our storage service, clause 4, above, applies. The order must specify which of the item(s) that you have bought from us you would like us to provide our storage service for. Before we will provide the service the preconditions must be met.
Minimum period of storage There is no minimum period of storage, but we calculate our charges for our storage service by the day, and a minimum charge may apply.
*Storage of your goods We provide our storage service for you to place your goods into storage immediately after you buy them from us. If you store them somewhere else first, then order our storage service, we will decide at our discretion whether to provide our storage service. If we agree to provide our storage service, your goods will be stored on an “as-is” or “said-to-contain” basis and we will not be responsible for the authenticity of the item(s) stored, which means you may not exercise rights under clause 20, “Authenticity”.
Price If your order requests storage of your goods the price will include our charges for providing our vaulting service to deliver your goods into our storage facility.
We reserve the right to vary our prices for our storage service at any time and will give you 30 days’ notice of any changes.
*Payment You must make payment for our storage service by payingin arrears. You will be informed of your billing frequency when placing your order, and any changes to this will be notified to you no less than one month in advance of any payment being taken. Your first payment may cover a different period than the usual billing frequency. To use our storage service you must already be an account user, and you must continue to be an account user until our storage service is completed. If you cease to be an account user for any reason we may terminate the storage service we provide for you.
If a payment is due on a date that is not a working day, the payment must be received by us on or before the last working day before the due date.
Note: if there is a problem with payment for our storage service we will contact you and try to resolve it. Non-payment is a material breach by you and ultimately our rights in Section A clause 14 and clause 16 will apply.
*Our liability for storage service We are responsible for arranging for storage of your goods with our subcontractors.
We are responsible for ensuring that, under our contracts with the subcontractors, our subcontractors bear the risk of loss, damage or theft of your goods from the start of our storage service until it is complete, and that they maintain appropriate insurance against the risks.
If any of the goods held by our subcontractors under the contract are lost, damaged or stolen, we will work with you to enforce our rights and remedies against our subcontractor and their insurer(s) on your behalf.
For any accepted claims we will endeavour to work with our subcontractor to replace your item(s) with like for like or equivalent item(s) agreed by you, but reserve the right to arrange for our subcontractor or its insurer to reimburse you in the form of cash reimbursement (Sterling).
The maximum liability of our subcontractor in respect of our storage service shall not exceed the then current value of yourgoods that were lost, damaged or stolen. This is the maximum liability that our subcontractor and its insurer will accept under our contract with the subcontractor and is based on the market value at the 3rd business day following notification of any loss as expressed in USD ($) and converted to Sterling based on the exchange rate on that day. Our entire liability in respect of our storage service shall not exceed the cap stated in clause 10, above.
This limitation of liability applies only whilst your goods are inside the premises where they are stored. When they are outside those premises they are subject to our collection or delivery service and Section C, above, applies to our liability.
Your right to remove your goods from storage You can request delivery or collection of your goods from storage at any time after the commencement date. This is subject to the following.
- To use our storage termination service, clause 4, above, applies. The order requesting this service must specify which item(s) you wish to bring out of storage, and which of our collection or delivery services you require.
- Before we will provide the storage termination service the preconditions must be met.
- The price of our storage termination service may include our charges for providing our storage termination service and will include our charges for providing our collection or delivery services (as stated in the order).
- The termination of the storage service will not take effect immediately, because it will take us time to provide the services that we must perform as a consequence of termination. Termination will take effect when our storage service is complete.
*Cancellation of direct debit If you cancel your direct debit instruction to us or if we are for any reason unable to obtain payment via your direct debit instruction we will try to contact you and arrange alternative payment. If we are unable to resolve the situation with you it will constitute a material breach by you, and may also constitute a default or problem. In any such case we may ultimately terminate the storage service we provide for you, or treat it as being terminated, and we may be entitled to terminate the contract. Wherever possible we will try to contact you and give notice before we take such steps.
*Our right to terminate storage services As set out in Section A, we will work with you to try and find a solution when a default or problem occurs. In cases which cannot be fixed, or if the attempted solution does not work, we reserve the right to exercise our rights under Section A in relation to our storage service. We may be entitled to suspend our use of your payment account or user account, or to cancel your user account or direct debit. We may also be entitled to terminate the storage service or even to terminate the contract.
We reserve the right to terminate the storage service at any time on providing you with 90 days notice. If you do not arrange for delivery or collection of your goods or to sell them then we have the right to sell your goods at the then current market price and will send any proceeds less our relevant charges to your payment account.
Note: In some circumstances we will be released from our obligation to provide part(s) of our storage termination service, particularly under Section A in relation to total loss reimbursement, or Section C in relation to our collection or delivery service.
*Consequences of termination As a consequence of termination you will incur our charges for providing our storage termination service. Unless you tell us in writing we will automatically provide our delivery service, using our most secure available delivery service to you at the delivery address verified or given as part of the ID.
Our obligations Subject as marked ‘*’ above in this Section D, Section A, the preconditions and to our rights and remedies under these terms and conditions, we will arrange for the allocated goods stated in the order to be stored in storage facilities provided by our subcontractors.
*Changes in our service or facilities If your goods are stored with us for a long time the exact features of our service or facilities may change. For example, we may change the subcontractor that we use to help us provide the facilities and some of the services, and the new subcontractor might do things differently from the old one. We may also choose to change the services or facilities for our business purposes, or to introduce new or improved features.
We will never reduce the level of security that is afforded to the storage of your goods without notifying you before the changes come into effect, and giving you the opportunity to terminate the storage service if you do not like the changes.
We may however make any other changes without your consent or approval. We consider this is reasonable because if there is no impact on the level of security provided, there is no impact on the essence of our storage service.
*Changes by you We choose the locations and subcontractors for our storage service. You have no right to change the location of the vault where goods we hold for you are stored unless we offer this as a service. You can move goods only using our collection or delivery services under Section C, above.
Completion Our storage service is complete when we have completed collection or delivery obligations as part of our storage termination service, or when we have been released from those obligations in accordance with these terms and conditions.
Section E – sell your metal
Your attention is particularly drawn to what is said in the clauses marked ‘*’ in Section A and this Section E.
30. HOW YOU SELL METAL
Warning: the prices of metal are subject to fluctuation: see clause 12 “Risk Notice”, and clause 20 “Uncontrollable factors”. When you sell metal the payment you receive could be less than you original paid for it.
*Ordering process To sell metal to us, clause 4, above, applies. The offer must specify which item(s) you wish to sell. Before we will buy the metal from you, the preconditions must be met.
Price The price of your offer will usually be based on a percentage of the then current global market spot price for the quantity and type of metal you wish to sell as stated on the website or confirmed by us on the telephone or in-store.
Note: If when received, the quantity or type of metal differs from that originally agreed in the offer we will provide an alternative offer which you may choose to accept or decline.
*Your warranty when we buy You warrant to us that you meet our metal-selling standards. A warranty is a statement of truth. If it proves to be untrue, you will be liable to us for all loss and damage that we suffer as a result.
*Your promise when we buy You agree that you do or will meet, perform and comply with the metal-selling standards.
*Assurance from you You must do and complete all acts, deeds and things, and sign all documents, as necessary to complete the sale and make us the legal owner. If another person (such as a co-owner or trustee) needs to do anything to make us the legal owner, you must ensure they do what is necessary. If there is anything that you or another person could do that would prevent us from becoming and remaining the legal owner, you must ensure those things are not done. If you fail to meet all the requirements fully and we ask you to put them right it will be a default or problem, and you must put things right immediately.
Packaging and delivery You are responsible for packaging metal and evidence of your ownership of it as well as other items required to meet the preconditions, and for delivering them to us or arranging a carrier to deliver it to us for you. You are responsible for any costs of packaging, travel and your chosen carrier’s charges.
*Ownership and your liability You bear the risk of loss, damage or theft of the metal or (if applicable) evidence of your ownership and other items we require you to supply to us, until we are the legal owner or have confirmed receipt in writing or by telephone to you.
The time and date when we become the legal owner of the metal is the time and date when, subject to the preconditions, we confirm receipt of the metal (as applicable) and confirm in writing or by telephone to you that we accept your offer.
*Our remedies if things go wrong We will always consider whether a situation can be fixed. If it can, we will try to contact you and work with you to try and sort out what has gone wrong. If in our view it cannot be sorted out, or if we try but it is not resolved, we may exercise any of our remedies in clause 16. In the case of a material breach by you or insolvency on your part we may terminate the contract.
Our obligations when buying Subject as marked ‘*’ in this clause 30 and Section A, and to the preconditions and our rights and remedies under these terms and conditions, upon receipt by us of the metal if we choose to accept the offer we will confirm our acceptance to you in writing or by telephone and make payment to you for the metal in the amount stated in the accepted offer.
Payment We will only make payment on a working day. Normally we will make payment on the same date that we accept the offer. For larger offers, however, and particularly where there are uncontrollable factors (see clause 20) we will make payment in accordance with our obligations above within 7 working days of our acceptance of the offer.
Completion Our obligations to buy the metal are completed when we become the legal owner of the metal.
Version 2.0 (January 2014)
© Jewellery Quarter Bullion Limited, 2014. All rights reserved.
account user: you, after we have verified your ID, and there is a direct debit in our favour on your payment account, and we have issued you with an account card, and you have a username and password.
billing frequency: this will usually be either monthly or quarterly, but can be at any timeframe set out by us. You will be notified of your billing frequency when you place your order, and this may be subject to change upon notice by us. Your first bill may cover a longer period than your usual billing frequency.
charges: our fees and charges for providing our services, and for packaging and delivery. The circumstances when the fees and charges apply, and the amount of the fees and charges (or the way in which they are calculated), is set out in FAQs or on our website.
commencement date: the date when you place your order or offer, and the contract starts.
contract: the contract formed between you and us formed by us accepting the order or offer we receive from you.
current value: the London metal market value of the metal content of the relevant goods as at the time of loss, damage or theft, plus the percentage premium that you paid when you purchased those goods from us.
default or problem: if there is a material breach by you under the contract, or any insolvency on your part or as otherwise specifically identified in the terms and conditions.
goods: a specific type or category of goods as described in the order. We own all goods at all times until they have become your goods.
ID: evidence of your identity supplied by you in accordance with the instructions we give to you before or after you submit your order or offer to us, and any supporting information we may request in addition, together with information obtained by us from a credit reference or fraud prevention agency or similar source, which corresponds with the payment account details and delivery details you give us, and is verified by us.
Note: we will often be able to verify your identity ourselves without the need to obtain copies of documents from you.
including or include or in particular for for example: normally these words and phrases (and similar expressions) precede a list of cases or examples. Where these expressions are used the list will be interpreted as open and not limited to the examples given.
insolvency: where any one or more of the following circumstances arises in relation to you in the United Kingdom (or a similar or analogous circumstance in another jurisdiction), or it arises in relation to us and is not part of our solvent reconstruction or solvent amalgamation with another organisation.
- In relation to you: you are unable to pay your debts or are insolvent for some other reason for the purposes of Section 123 of the Insolvency Act 1986, or you are the subject of a bankruptcy petition or order, or you die or become incapable of managing your own affairs due to illness or incapacity, or someone else is appointed to manage your affairs.
- In relation to us: we are unable to pay our debts or are insolvent for some other reason for the purposes of Section 268 of the Insolvency Act 1986, or an order is made of our winding up or the appointment of an administrator.
- In relation to either you or us: you start negotiations with all or any of your creditors with a view to rescheduling any of your debts, or you propose or enter into any compromise or arrangement with all or any of your creditors, or a receiver is appointed over all or any of your assets, or any identical or similar event occurs in relation to us.
item(s): the specific quantity of the particular goods stated in the order.
liabilities: any liability, whether arising under the law of contract, tort or duty of care (including negligence), breach of statutory duty, or otherwise whatsoever.
material breach by you: (1) if you do not meet the preconditions within 2 weeks (or as otherwise agreed with us) from the commencement date, (2) if you do not provide payment for any transaction and/ or service plus our tariff fees and charge for any default or problem, (3) if you make payment via direct debit, and your direct debit instruction is cancelled or we cannot obtain payment from it, or either of these outcomes result from you ceasing to be an account user, (4) it comes to our attention that the details we hold about you as part of your user account are incorrect or out of date and you do not correct or verify them promptly when asked, (5) if you do not provide us with information about your ID when we ask for it, or we are unable to verify your ID at any time or for any reason, (6) if you do not provide us with evidence of your ownership when we ask for it, or we are unable to verify your ownership at any time or for any reason, (7) if you commit any fraud in relation to us (or we have reasonable grounds to suspect a fraud by you), and (8) any material breach by you of any of your material obligations stated in the contract, or of a material duty of care or a material statutory duty which you owe to us, where the breach demonstrably cannot be remedied or you have not remedied it within a reasonable period of time after being informed of it by us.
material breach by us: a material breach by us of any of our material obligations stated in the contract, or of a material duty of care or a material statutory duty which we owe to you, where the breach demonstrably cannot be remedied or we have not remedied it within a reasonable period of time after being informed of it by you.
mental capacity: mental capacity for the purposes of the Mental Capacity Act 2005.
metal: your goods, or other gold, silver or other metals which you own.
metal-selling standards: you must be the sole and absolute owner of the metal; your description of the metal must be true, complete, accurate and not misleading and is subject to being verified by us when we receive the metal from you; you must deliver the metal safely to us, pay for your travel or delivery costs, and bear the risk of loss, theft or damage of the metal when it is in transit.
non-delivery: where our carrier who delivers the package of item(s) to you tells us that the package has been delivered, but you tell us that you have not taken delivery.
offer: an offer made by you (by phone, in person or our website) for payment from us in exchange for metal, subject to our metal-selling standards and these terms and conditions. This includes an offer confirmed by you after changes under clause 7.
order: an offer by you (made via our website, in person or by phone) of payment for stated item(s) or services. This includes an order confirmed by you after changes under clause 7.
ordered: ordered (with no right of appeal) by a Court or regulator which has jurisdiction and power to make and enforce the order.
payment: payment in cleared funds for item(s) and/or services and/or our tariff or any other charges, in an amount calculated by us in accordance with our published prices (or otherwise agreed by us). An account user’s direct debit instruction does not constitute payment.
payment account: a debit, credit, electronic money payment account of a type that we accept and for which you are the sole holder or an authorised joint holder.
person: includes a natural person, and a corporate or unincorporated body.
preconditions: those conditions more accurately described in clause 4 of the terms and conditions of this contract that must be met before we are bound by our obligations in Sections B to E of those terms and conditions.
privacy statement: a document which you can find on our website, which informs you about what personal information about you we will obtain, how we intend to use your personal information, and who we may share it with and how they may use it.
rights under the contract: your rights under the contract include the right to receive services which we have agreed to provide. Your rights to your goods which you buy from us are title rights, which are different.
services: going through the process of buying metal; going through the process of selling item(s); storage, extraction from storage and (re-)vaulting of your goods; arranging for you to receive your goods via delivery or collection from our registered office; our trustee service; amendment of name, address or bank details on the account we provide to account users; going through the process of terminating the storage service we provide for you; us dealing with any default or problem; and/or any other service(s) of ours that we promote on our website from time to time as being available in return for payment. Each service will be as described in the order or offer.
statutory rights: rights under the terms implied into the contract by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), and Section 12 of the Sale of Goods Act 1979 (title and quiet possession), and rights which apply to defective products under the Consumer Protection Act 1987.
storage: we arrange for the storage of your goods in a secure vault. All customer goods will be separately identifiable, and will be completely segregated from those of other customers. This is referred to as Allocated Storage.
supplier, we, us or our: Jewellery Quarter Bullion Limited (company number 6758398) trading as BullionByPost®.
tariff: our tariff of fees and charges which apply if there is any default or problem. The circumstances when the fees and charges apply, and the amount of the fees, and the way in which any charges are calculated, are set out in FAQs.
transaction: your request to buy item(s) from us as stated in the order, or to sell metal to us as stated in the offer.
user account: the account we provide for you when you register on our website or in person or on the phone.
working day: a day other than a Saturday, Sunday or public holiday in the United Kingdom (UK), and when the retail and clearing banks are open for business.
you or your: the person who is identified in the order (or who submits the offer).
your goods: item(s) which, subject to these terms and conditions, you have bought and own. These may be delivered or collected by you or placed into storage.