TERMS OF SALE – HUNT VINTAGE
1. OUR TERMS AND CONDITIONS OF SALE
Please read the following terms and conditions of sale before buying any item(s) on our website. Please check that you have read and understood them. They are linked to and form part of, our website terms and conditions. Your use of the Hunt Vintage website and your purchase of any/all items on it, constitute your acceptance of our website terms & conditions and the terms & conditions of sale listed here. In these terms and conditions of sale, buyers/customers may be referred to as “you”. While vendors (Dealers/Sellers) may be referred to as “we, us or our”.
These terms and conditions of sale set out, amongst other things;
A. Your legal rights and responsibilities
B. Our legal rights and responsibilities
C. Certain key information required by Law
1.1 Our Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions of sale referred to in the Hunt Vintage Terms and Conditions (“Site Terms”) and govern the contractual relationship between Sellers (Dealers) and Customers (Buyers) in relation to transactions made using the open marketplace Platform/Website, huntvintage.co.uk (“Site”). Owned and operated by Hunt Vintage Ltd.
We presently use Stripe as our secure online payment partner, for all online customer transactions.
1.2 Hunt Vintage is not a party to these Terms and Conditions of Sale in any way. The contract for purchasing any item from the Website is solely between the Seller (dealer) and the Customer/Buyer. Sellers (Dealers) are permitted by Hunt Vintage to advertise for sale and sell goods via the Hunt Vintage Website.
1.3 Customers must read these terms and conditions of sale carefully before you submit an order for goods via the Website. These terms tell you how goods will be provided to you (the customer), how you or the Dealer (us) may change or end the contract, what to do if there is a problem, how to cancel or return goods, and other additional information.
1.4 Business and consumers (individuals) in some instances have different rights under these terms. If you are buying goods via the website wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession) then you are classed as a consumer.
1.5 If you are a business customer these terms and conditions constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and conditions and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
1.6 Our acceptance of your order for goods will take place when you (the Customer) receive a notification (email) that your order has been confirmed (Order Confirmation). At which point a contract will come into existence between you and us. A second email/confirmation will also include the shipping/delivery costs, which (unless a local pick-up or collection is organised) can then be paid for, by the customer via:
1. Logging into their personal Hunt Vintage account or
2. Clicking on the link provided in the Email.
If you do not accept the shipping charge you can cancel and receive a full refund, provided: the order has not yet been dispatched and you cancel within 24 hours of receiving the order confirmation.
1.7 If for any reason, we are unable to accept your order, we will then inform you of this via the Website or by email and you will not be charged. If payment has already been taken you will receive a full refund. (Examples of possible reasons for this include; an error with the pricing of the product, item already sold by Dealer – just prior to your purchase or your specific delivery time is not possible)
1.8 Once your order has been accepted you will be assigned an order number. Please refer to the order number whenever you contact the dealer via the Hunt Vintage website, regarding anything to do with your order.
1.9 Orders that are for more than one item, will be marked as confirmed – Once all the items have been confirmed, this may be for more than one Dealer (multiple Sellers). Each item constitutes a separate contract with the individual Seller.
2. PROVIDING YOU WITH YOUR GOODS
2.1 Once you (the customer) have received the order confirmation email and we have accepted your order. This email sent will provide you with – the expected timeline and delivery cost(s) of your item(s). Unless free delivery is provided, you will then pay for the cost of delivery. We may need additional information from you, to enable us to supply the items to you. For example, date, times of preferred locations for delivery. If required we will contact you to ask for this information.
2.2 The individual Seller (Dealer) will calculate the cost of delivery, which is based on;
- Size, shape, weight, and fragility of each individual item.
2. The distance between the location of the dealer’s premises, containing the item for sale and the delivery address given.
3. The costs of delivery may also vary depending on access restrictions or the type of courier required. A standard delivery service to the delivery address provided usually includes basic packaging and delivery by one person. You (the customer) may request additional delivery requirements at further cost – This will be determined before delivery is carried out.
Please note; It is your responsibility to inform us of any special request/requirements for the delivery of your item. Delivery will therefore always be standard unless otherwise requested by you. If it is not possible to accommodate your delivery request, you will be informed by either an email or a message via the Website.
2.3 Subject to 2.1 above, we will deliver your item(s) to you as soon as reasonably possible. In any event within 30 days after the day on which we accept your order unless otherwise agreed in writing. If the item has not been delivered within 30 days, you may ask for a return of the item at our cost.
2.4 You can cancel or return your item(s) in accordance with our Cancellations and Return Policy.
2.5 We accept no responsibility for delays outside of our control. We will where possible contact you and let you know what steps we will take to minimise the effect of any delay. Provided we do this we will not be liable for any delays caused by the event. If, however, there is a risk of any substantial delays you may contact us (via Hunt Vintage) to end the contract and receive a refund for any items you have paid for, but not received.
2.6 If on delivery there is no one available at your address to accept delivery of the item(s), we will leave a note (missed delivery card), to inform you of how to rearrange delivery or collect from a local depot.
2.7 You (the customer) are responsible for any failed delivery. If you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 4 of these terms and conditions.
2.8 Inspection of the goods (items) on receipt and report any damage that may have occurred during delivery, is the sole responsibility of you (the customer/buyer). If the damage is not promptly reported, you may be responsible for the cost of returning the goods in accordance with our Cancellations and Return Policy. All goods are your responsibility from the time we deliver them to the address you provided Hunt Vintage with.
2.9 You (the customer/buyer) own the goods as soon as Hunt Vintage or its third-party payment providers have received payment in full. Payment will be taken in accordance with the Site Terms and Conditions.
2.10 If you do not give us any additional information (clause 2.1) required for delivery, within a reasonable time of us asking for it, or if the information is incomplete or contains incorrect information, we reserve the right to either end the contract (clause 4) or add an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
2.11 We accept no responsibility for supplying the items/goods late or not supplying any part of them. If this is a direct result of you not giving us the information we need within a reasonable time of us asking you for it.
2.12 Unfortunately from time to time we may have to suspend the supply of goods where we no longer have the goods in stock. If this is the case we will contact you about this. You may contact us (via Hunt Vintage) to end the contract for goods that we cannot supply and we will refund any sums you have paid in advance.
3. YOUR RIGHTS TO END THE CONTRACT
3.1 This clause three is subject to our Cancellations and Returns Policy Cancellations and Return Policy.
3.2 If you are a consumer based in the UK or European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract via Hunt Vintage and receive a refund for Goods. This right does not apply if you use the Goods or alter or repair the Goods (such as by waxing, repairing, sanding, or otherwise changing the Goods so that they are different from the condition they were in when delivered). The right to cancel does not apply to the following types of Goods, which are non-refundable: Goods that are personalised, bespoke, or made-to-order to your specific requirements.
3.3 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been confirmed), which is when the contract between us is formed (“Contract Date”). The deadline for canceling the contract under this clause 3 is 14 days following the reception of the item.
3.4 To cancel the contract, you must let us know by creating the return on the Site.
3.5 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract, provided that you have returned the Goods to us, where applicable. Please note that if the item has been damaged or is not in similar conditions, you will not be refunded.
3.6 You will be refunded using the method you used to pay for the Goods. If Hunt Vintage is unable to use the same method, they may contact you to process payment by bank transfer.
3.7 Even if you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us is completed when the Goods are delivered and Hunt Vintage or one of its payment providers has received payment for the Goods.
4. OUR RIGHTS TO END THE CONTRACT
4.1 We may end the contract at any time by writing to you if:
- (a) you do not provide us with information that is necessary for us to provide the Goods within a reasonable time of us asking for it. For example, the address for delivering the Goods to you;
- (b) you do not, within a reasonable time, allow us to deliver the Goods to you.
4.2 If we end the contract in the situations set out in clause 6.1, we will refund the price of the item and the delivery, deducting any costs we will incur as a result of your breaking the contract.
5. CONSUMER – YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS
5.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
5.2 If you wish to exercise your legal rights to reject defective goods you must return them to us in accordance with this contract.
6. BUSINESS – YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS
6.1 If you are a business customer we warrant that on delivery, any Goods shall:
1. Conform in all material respects with their description;
2. Be free from material defects in design, material, and workmanship, unless previously disclosed, unless it is a vintage or an antique item the defects are clearly communicated in their description.
6.2 Subject to clause 6.3, if:
- You give us notice in writing within 72 hours after delivery of discovery that the Goods do not comply with the warranty set out in clause 6.1;
- We are given a reasonable opportunity of examining the Goods such as clear pictures of the defective good; and
- You return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.
6.3 We will not be liable for the Goods failing to comply with the warranty in clause 6.1 if:
- You make any further use of the Goods after giving a notice in accordance with clause 6.2(1);
- The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- You alter or repair the Goods without our written consent; or
- The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
6.4 Except as provided in clause 6, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 6.1.
6.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 6.2.
7. PRICE & PAYMENT
7.1 The price of the Goods (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order on the website. We take all reasonable care to ensure that the price of the Goods advised to you is correct. As stated in clause 1.6, A second email/confirmation will also include the shipping/delivery costs, which (unless a local pick-up or collection is organised) can then be paid for, by the customer via,
1. Logging into their personal Hunt Vintage account or
2. Clicking on the link provided in the Email.
If the card/payment fails, Hunt Vintage will contact you to request alternative payment details. If you require an invoice for your purchase, please request it via the Website.
7.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.4 You will be charged interest on any overdue payments at a rate of 4% above the Barclays Bank base rate (Interest), which shall accrue daily.
7.5 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.
7.6 All online credit card payments will be conducted in accordance with the Payment Card Industry Data Security Standards.
8. CONSUMER – OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
8.2 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.
8.3 We do not exclude or limit 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 Goods, including the right to receive Goods which are: as described and match the information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective goods under the Consumer Protection Act 1987.
8.4 If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 9.
9. BUSINESS – OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 Nothing in these terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
9.2 Except to the extent expressly stated in clause 8.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
9.3 Subject to clause 9.1:
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.
10. YOUR PERSONAL INFORMATION
11. ADDITIONAL IMPORTANT TERMS
11.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.2 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.
11.3 These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. You may also bring proceedings in the country in which you live.
11.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have non-exclusive jurisdiction to settle any such dispute or claim.