Terms And Conditions
Sharps Pixley - Terms and Conditions - Last Amended on 14 November 2016.
The terms and conditions contained in this document are those under which Sharps Pixley (we) supply any of the products advertised from time to time or listed at our Website and ordered by you (Products). Please read the terms and conditions carefully as they will form the basis of our contract with you. You should retain a copy of these terms and conditions for future reference.
1.0 ABOUT US
1.1 The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. This Website is owned and operated by Sharps Pixley Limited whose UK company registration number is 06629106 and whose registered offices are at: SHARPS PIXLEY LIMITED, 54 ST JAMES'S STREET, LONDON SW1A 1JT.
1.2 Our email address is email@example.com and our VAT registration number is GB 113 9128 35.
1.3 Please read this agreement carefully before using our Website. This represents the terms and conditions ("Terms") for using and placing orders on the Website or for placing any orders with us on the telephone or in any other manner. Your use of the site is your confirmation that you have both read and accepted the Terms. These Terms and any contract entered into in consequence of your use of our Website are subject to English law and the courts of England & Wales shall have jurisdiction over any dispute between us.
1.4 In order to purchase any products from us or use any service of ours you must be 18 years of age or over.
1.5 Please check periodically for changes. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS.
2.1 We reserve the right to refuse to supply any individual or company.
2.2 We may change, suspend or discontinue www.sharpspixley.com or the provision of Products under the www.sharpspixley.com Website or any part of it at any time.
2.3 Every time you offer to order Products from us (“Order”) the Terms in force at that time will apply to the contract for the Product at the moment we confirm acceptance of your offer by sending you confirmation that the Product has been or shall be shortly dispatched (the Order Confirmation').
2.4 Whenever we revise these Terms in accordance with this clause 2, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
2.5 Orders can be placed through the Website or by calling us at the numbers shown on the Website.
2.6 Once you have placed an Order in respect of which we have sent you an Order Confirmation cancellation is NOT possible under the Distance Selling Regulations referred to in Clause 10.2 due to the fluctuating nature of the precious metals market. We will pursue payment from you for all your Orders in respect of which we have sent you an Order Confirmation.
3.0 YOUR STATUS
By placing an Order you warrant that:
3.1 You are legally capable of entering into binding contracts.
3.2 You are at least 18 years old and you have a UK or EU domiciled bank account.
3.3 You will accurately complete our registration procedure and provide us with the personal details needed to process your order, including certified proof of your identity and normal residential address and should there be any changes to your personal information, you will immediately notify us of those changes by e-mail to firstname.lastname@example.org or in writing.
3.4 You will provide information to us that we request in accordance with anti-money laundering and KYC (Know Your Client) regulations.
4.0 FRAUD PREVENTION AND ID
For Orders over £5,000 or for cumulative orders of over £10,000 in any one year you will provide us with a certified copy of your photographic ID, and an original of a utility bill being not more than three months old in respect of your usual residential address.
5.0 THE CONTRACT BETWEEN US
5.1 Sharps Pixley uses a live pricing system; all prices quoted on the Website are subject to market change.
5.2 After you have placed an Order via the Website, you will receive an automated email from us acknowledging that we have received your Order ('Acknowledgment'). This does not mean that your Order has been accepted. If we find an error in the price of the Products you have ordered we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
5.3 Your Order constitutes an offer by you to us to buy a Product at the price displayed on our Website at the moment we send you an Order Confirmation. The contract between us ('Contract') will only be formed when we send you the Order Confirmation, not when we send you the Acknowledgment.
5.4 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until dispatch of such Products has been confirmed in a separate Order Confirmation. For the avoidance of doubt, the Order Confirmation will be sent to the address for the delivery of the order unless otherwise directed by you. You may request the Order Confirmation to be sent to you via email provided that you provide to us a valid email address at the time of order.
6.0 AVAILABILITY & DELIVERY
6.1 All Products are subject to availability and may be withdrawn at any time prior to us sending you an Order Confirmation in respect of Products already ordered.
6.2 Delivery will be made to the address specified by you when you place your Order. We cannot deliver to P.O Box addresses. Where payment is made by credit card the delivery address must match the cardholder’s address that has been used to make the online card payment for the Product. We will endeavor to deliver within 5 working days of our receipt of cleared funds in respect of the products in the Order Confirmation, unless there are exceptional circumstances. If we are unable to deliver your Order within that 5 working day period we will notify you by e-mail of the delay. We will do our best to deliver next working day for Orders where cleared funds are received before 3pm.
6.3 The Delivery fee applicable to your specific Order will be set out clearly in the online checkout process.
6.4 It is up to you to ensure that you are present at the address for the delivery and to sign for the goods in person. Claims arising from packages being signed for by an individual unknown to you or other circumstances involving any other third party at the delivery address are your risk.
6.5 Where we fail to tender delivery of Product when we have sent you an Order Confirmation of your Order we will make you a full refund of the original amount paid or provide you with equivalent goods as a replacement. We will accept no liability for any price fluctuation in those circumstances.
6.6 Should you wish to collect directly from us, you must produce identification and a copy of the invoice for the Products you are collecting. We cannot release the Products to 3rd parties without prior arrangement and this may not always be possible. Please contact us to discuss this before you send anyone to collect.
7.0 RISK & TITLE
The Products will be at your risk from the time of receipt by you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of any and all Products ordered by you from us: a) which have been delivered; or b) in respect of which an Order Confirmation has been issued to you.
8.0 PRICE & PAYMENT
8.1 The prices which you must pay for the Products that you Order are set out on the Website at the time we send you our Order Confirmation together with any applicable VAT at the rate in force at the relevant time.
8.2 We will delay dispatch until we are in receipt of cleared funds from you or via your bank transfer or Credit Card Company.
8.3 We will accept payment via bank transfer or credit card where the credit card is issued by MasterCard or, Barclaycard but credit card payments made by you will not be received by us until at least four days from our processing your Order No requests for letters of credit, payment upon delivery, payment via cheque or any other payment methods will be entertained due to the high value and nature of the products being sold.
9.0 ORDER & ACCEPTANCE
9.1 You may place Orders either (i) using the online process for ordering Products via the Website; or (ii) by visiting our store at 54 ST JAMES'S STREET, LONDON SW1A 1JT.
9.2 When you place an Order with us; we need to obtain various details from you so that we can process your Order. You must ensure that the details that you provide each time you place an Order are correct and complete. Therefore all Orders are subject to verification, us receiving payment, stock availability and no contract for purchase will occur until we issue to you an Order Confirmation.
10.1 We reserve the right to cancel any Order at our sole discretion before we issue an Order Confirmation.
10.2 The right for the buyer to cancel under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 does NOT apply because the goods we supply are dependent on fluctuations in the financial market and are therefore exempt from the right to cancel.
10.3 If you wish to cancel an Order for an item for which you have paid prior to its coming into stock, in consequence of a price fluctuation, we will agree to do so if you call our Customer Services Line on (0207 871 0531) or email us on email@example.com within 24 hours of the order being accepted and at that time you pay a cancellation charge of 2.5% of the total Order value, plus any consequential loss we would suffer owing to the fluctuation in the price of the Product.
11.1 Your access to and use of www.sharpspixley.com is at your sole risk and, we make no warranty that the content of the Website is error-free or timely with any updates.
11.2 We will not be liable for any viruses or any other disabling features that affect your access to or use of the Website, nor any incompatibility between the Website and other websites, services, software and hardware, nor any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website.
11.3 We will not be liable for damages of any kind, including those resulting from your inability to use www.sharpspixley.com or any part of it, from any content posted on www.sharpspixley.com by us or anyone else.
11.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
11.5 Subject to clause 11.3 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
11.6 Subject to Clauses 11.3 and 11.4 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the price of the Products stipulated in the Order Confirmation.
12.1 We will use information you provide to us to administer your Order which may also include checking your details with any credit reference agency and to other persons for credit vetting, fraud prevention or debt collection purposes. From time to time we may keep you informed of information about other products and services that may be of interest to you. If you do not wish to receive information about other products and services that may be of interest to you, please let us know by e-mail to firstname.lastname@example.org or writing to SHARPS PIXLEY 54 ST JAMES'S STREET, LONDON SW1A 1JT.
12.2 We are registered with Information Commissioner's Office, Registration number Z2763891. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12.3 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 on our Website you accept that your email address may be used to supply you with such information.
13.0 INTELLECTUAL PROPERTY RIGHTS
13.1 The content of the Website is protected by copyright, trade mark, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
13.2 No licence is granted to you in these Terms to use any trademark of ours, or our affiliated companies.
14.1 You may not assign the Contract or any part of it without our prior written consent.
14.2 Subject to all other limitations and exclusions, we will have no liability to you under these terms if we are prevented from, or delayed in, performing our obligations under these terms by anything outside our reasonable control including, but not limited to, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Failure or delay by us in enforcing or partially enforcing any provision of any Contract shall not be construed as a waiver of our rights under that Contract.
14.4 If any provision of these terms is found by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.5 These terms and conditions represent the entire agreement between you and us in relation to the subject matter of any Contract.
14.6 A person who is not a party to this Contract shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
15.0 CUSTOMER SERVICES
If you have any queries please contact Customer Services by telephone on 0207 871 0531 from Monday to Friday - 10am to 5pm or by email at email@example.com. We will make every effort to reply to you within 24 hours (Mon - Fri).