Terms & Conditions of Use & Sale
Terms & Conditions of Use & Sale
- Shipping and Returns Policy
1.4 You must be aged 18 or older to purchase items from us. You must provide us with all information requested by us and comply with all our identification and anti-money laundering requirements to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to us and the products (“Applicable Law”).
1.5 We reserve the right to refuse service to anyone for any reason at any time.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Bath Spa Capital Limited trading as “BSC Collectibles” a company registered in England and Wales (company registration number is 08536346 and our registered office is at 45 Pont Street, London, United Kingdom, SW1X 0BD. Our registered VAT number is 334605221. Our registration number with the Information Commissioner is ZA227994.
2.3. If we have to contact you we will do so by telephone or by writing to you at the phone number, email address or postal address you provided to us in your order.
2.4. When we use the words "writing" or "written" in these terms, this includes emails.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Website is at your own risk (subject to your statutory consumer rights).
3.2 This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
3.3 We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.
3.4 We reserve the right at any time to modify, suspend or discontinue the Website (or any part or content thereof) without notice at any time.
3.5 You agree that it is your responsibility to monitor changes to our Website.
4. MODIFICATIONS TO PRICES
Prices for our products listed for sale on the Website are subject to change without notice.
5.1 Products available from us may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policy.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device's display of any colour accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
5.3 The packaging of the product may vary from that shown in images on the Website.
5.4 The Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
5.5 We reserve the right, but are not obligated, to extend or limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.6 We reserve the right to limit the quantities of any products or services that we offer.
5.7 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
5.8 We reserve the right to discontinue any product at any time.
6. PRICES, ORDERS AND PAYMENT
6.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 6.3 for what happens if we discover an error in the price of the product you order. The price for gold is quoted by us based on the Spot Price (as well as any premium based on estimated market value for rare coins, for example) and is fixed at the time we accept your order. The Spot Price is based on trading activity and market conditions; and is dependent on fluctuations in the financial market which cannot be controlled by us which may occur within the cancellation period. The Spot Price is published at https://www.gold.org/goldhub/data/price-and-performance.
6.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6.4 When you place an order with us you are offering to purchase the specified products. We may accept your order but we are not obliged to do so. Where we do accept your order that is subject to you paying us the price and any applicable taxes or duties, using a payment method listed on the Website. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
6.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.6 You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.8 Our Shipping and Returns Policy contains the terms of shipping, delivery and other related information.
6.9 We may agree to re-purchase from you a product that you purchased from us at a price that we determine, but we are not obliged to do so.
7. OUR RIGHTS TO END THE CONTRACT
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, evidence of your identity or other information required to enable us to comply with Applicable Law;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Whether you have a right to end the contract, and your rights if and when you do end the contract, will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back (see Sections 4 and 5 of our Shipping and Returns Policy);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clauses 8.3 to 8.5. You may be able to get a refund if you are within the cooling-off period, but this will depend on the type of goods (see Clause 8.5 below and Section 5 of the Shipping & Returns Policy) may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.
- If you want to end the contract because of something we have done or have told you we are going to do
8.2 If you are ending a contract for a reason set out at Clause 8.2 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) There is a risk that supply of the product may be significantly delayed because of events outside our control; or
(c) You have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Sections 1 and 2 of the Shipping & Returns Policy).
- If you have just changed your mind about the product
8.3 Subject to Clause 8.5, for products bought online or over the phone you have a legal right to change your mind and cancel the contract within 14 day period specified in this Clause 8.3 and receive a refund by following the steps in Sections 3, 4 and 5 of the Shipping & Returns Policy. How long you have to change your mind and cancel depends on what you have ordered and how it is delivered. If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
Right under the Consumer Contracts Regulations 2013:
14 day period to change your mind.
Consumer to pay costs of return.
How our goodwill guarantee is more generous:
30 day period to change your mind.
We pay the costs of return.
8.5 You do not have a right to change your mind as referred to in Clause 8.3 (and our goodwill guarantee under Clause 8.4 will not apply) in respect of:
(a) Goods (such as gold) for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period;
(b) The supply of alcoholic beverages (such as fine wine), where—
(i) their price has been agreed at the time of the conclusion of the sales contract,
(ii) delivery of them can only take place after 30 days, and
(iii) their value is dependent on fluctuations in the market which cannot be controlled
by the trader;
(c) Products sealed for health protection or hygiene purposes (such as wine), once these have been unsealed after you receive them;
(d) Any products which become mixed inseparably with other items after their delivery.
- In all other cases (if we are not at fault and there is no right to change your mind)
8.6 Even if we are not at fault and you do not have a right to change your mind (see Clauses 8.1 to 8.5), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us under Section 3 of the Shipping & Returns Policy to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) in accordance with Section 5 of the Shipping & Returns Policy.
9. OPTIONAL TOOLS
9.1 The Website may provide you with access to third-party tools which we do not monitor and/or over which we have no control nor input.
9.2 You acknowledge and agree that we provide access to such tools "as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10. THIRD-PARTY LINKS
10.1 Certain content, products and services available via our Website may include links or other materials from third-parties.
10.3 Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made on or in connection with any third-party Websites. Please review carefully the third-party's contract(s), policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example contest entries) or (without a specific request from us) you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
11.3 You agree that your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments must not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. PERSONAL INFORMATION
13. PROHIBITED USES
13.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
13.3 You agree not to reproduce, duplicate, frame, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the Website is provided, without express written permission by us.
13.4 We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1 If we end the contract in the situations set out in Clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, depending on the date on which we end the contract.
14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in Section 4 of the Shipping & Returns Policy; and for defective products under the Consumer Protection Act 1987.
14.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 We do not guarantee, represent or warrant that:
(a) Your use of our Website will be uninterrupted, timely, secure or error-free;
(b) The results that may be obtained from the use of the Website will be accurate or reliable;
(c) The information made available on this Website is accurate, complete, timely or up to date;
(d) The price of any product accurately equates to its value generally or to any person or in any context, except to the extent expressly stated on the Website;
(e) Any profit, return, appreciation, depreciation, gain or loss might be made on any product or type of product;
(f) The quality of any products, services, information, or other material purchased or obtained by you will meet your expectations (subject to your legal rights summarised in Section 4 of the Shipping & Returns Policy);
(g) Any errors in the Website will be corrected.
14.6 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
14.7 You agree that we may remove the Website for indefinite periods of time at any time, without notice to you.
14.8 Neither you nor we shall be liable for any delay or failure to perform any obligation where such delay or failure is caused by any event(s) beyond your, or our (as the case may be) reasonable control, subject to Section 1 of our Shipping & Returns Policy.
14.9 You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, subject to your statutory consumer rights.
14.91 In no case shall BSC Collectibles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16.2 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17. GOVERNING LAW
17.2 The courts of England shall have jurisdiction over any disputes, subject to any right you may have to proceedings being brought or heard in the courts of Northern Ireland, Wales or Scotland depending on where you live.
17.3 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Shipping & Returns Policy
1. SHIPPING AND DELIVERY
The costs of delivery will be as displayed to you on the Website.
During the order process we will let you know when we will provide the products to you.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is, or is likely to be a substantial delay you may contact us under Section 3(a) of this Policy to end the contract and receive a refund for any products you have paid for but not received.
In order to provide you with the best quality service, we usually ship orders with tracking, allowing you to follow the progress of your order from our headquarters to your destination country. There may be different arrangements relating to art works, which we will agree with you at the time of order.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery service provider will usually leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We may also provide you with a tracking number, which you can use to rearrange delivery. There may be different arrangements relating to art works, which we will agree with you at the time of order.
As a customer, you are responsible for providing the correct email and shipping address at the time of purchase. We do our best to minimise processing and shipping times, which means there is a very limited amount of time available to cancel/change your order details. If you would like to change your shipping details, please contact us at firstname.lastname@example.org as soon as possible after placing your order. We cannot guarantee that your order will not already have been dispatched. If it's too late for our team to cancel your order (see Section 3 of this Policy) or change the address, we will need to wait until the item is received and returned to before we can ship it to the new address.
Extra Shipping Charges: If you upgraded your shipping and the package was returned to us due to an incorrect address specified by you, there can be no refund for the upgraded shipping fees.
2. TIMES AND RATES
Base shipping rates and times are as below and are from the date of dispatch. Times are subject to change due to routine checks by excise and customs officers. Shipping rates are quoted in GBP.
Note: Please allow for an extra 2-3 Business Days if you are ordering during Bank Holidays or Christmas time. “Business Day” means any day on which the banks are open in England.
These times and rates may differ for art works, which we will agree with you at the time of order.
UK Royal Mail/other
Estimated Shipping Time Rate
From 1-2 Business Days from £0.00
3. ORDER/CONTRACT CANCELLATION
Cancellation before we ship the goods
(a) In order to provide the highest possible level of service, we endeavour to process all of our orders as swiftly as possible. If you place an order and decide that you have changed your mind, there is a very small window of opportunity to notify us before your order is dispatched. Simply email us at email@example.com or call us on 0800 107 5135 with your order number and tell us that you wish to cancel.
(b) We cannot guarantee that your order request to cancel will be received on time as orders can be processed in our warehouse even before your shipping confirmation is sent. If your request to cancel is not received in time to stop shipping, then we will treat it as a cancellation under Section 3(c)
Cancellation after we ship the goods
4. RETURNS & EXCHANGES
Summary of your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection for returns:
(a) If the products are faulty or misdescribed;
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) If you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
Note: if you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
In the event that you want to return your items, either pop an email through to firstname.lastname@example.org or call us on 0800 107 5135 with your order number and we'll take care of the rest.
We will refund you the price you paid for the products including any applicable delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (e.g. do not remove coins from their certified capsule or a painting from its frame). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 1 to 2 Business Days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Section 3.
(d) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
(e) In instances where a refund is requested, fees associated with shipping are not eligible for reimbursement.
Extra Shipping Charges: If you upgraded your shipping and the package was returned to us due to an incorrect address specified by you, there can be no refund for the upgraded shipping fees.