TERMS AND CONDITIONS
(Version 1.0, Jan 2022 – Revised in 2023)
These Terms will apply to any contract between us for the sale of Products and supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products/Services from our site.
You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products/Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were prepared on 28 April 2016 and have not been updated since this date.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.BHPCollectibles.com. The business is operated by David Bloxham trading as BHPCollectibles Ltd. Our main trading address is 28 St Paul’s Square, Birmingham, B3 1RB. We are not currently VAT registered.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of the Terms. A link to the website cancellation form will be included in our Dispatch Confirmation (the e-mail we send to you to confirm our acceptance of your order). If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone at 0121 212 1532 or by post to 28 St Paul’s Square Birmingham B3 1RB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by emailing us at firstname.lastname@example.org or by telephoning our customer service team at 0121 212 1532
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by emailing us at email@example.com or by telephoning our customer service team at 0121 212 1532. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
2. OUR PRODUCTS AND SERVICES
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible because our Products are unique all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 We check the Products on our site carefully to ensure they are authentic. Where available, we will provide you with a certificate of authenticity in relation to your Product. In the unlikely event that, you have concerns regarding the authenticity of the Product you have purchased, please contact us immediately by emailing us at firstname.lastname@example.org or by telephoning our customer service team at 0121 212 1532 in order to explain your concerns. We will determine, at our absolute discretion, the best way to handle any such concerns. In any such instances, our liability will be limited to refunding the cost of the Product purchased by you, together with any delivery costs you have incurred, following the return by you, to us, of the Product in question.
2.4 If we are providing Services which involve making a Product to measurements you have given us you are responsible for ensuring that these measurements are correct.
2.5 Where we are providing Services to you (such as framing services or carrying out a search on your behalf to find specific memorabilia products) we will begin the Services on the date we accept your order. The estimated completion date for the Services is as told to you during the order process.
2.6 We may need certain information from you so that we can supply the Products and/or Services to you, for example, the type of memorabilia item you wish us to search for on your behalf. If so, this will have been stated in the description of the Products and/or Services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products and/or Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
Clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products/Services from our site if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
Clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Products/Services.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order carefully on each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that we have commenced supply of the Services (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product/Service, for example, because that Product is not in stock, no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products/Services, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products/Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1 changes in relevant laws and regulatory requirements; and
8.3.2 any changes in the way we sell our Products or conduct business.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products/Services or just the Products/Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT TO RETURN AND REFUND
Clause 9 only applies if you are a consumer.
9.1 If you are a consumer, 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 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or that you do not wish to receive a supply of the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any Products we have customised or created to your personal specification or requirements.
9.2.2 any Products which become mixed inseparably with other items after their delivery (for example you laminate a poster purchased from us).
9.2.3 for any Services, once these have been completed, even if the cancellation period is still running.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of all of the separate Products at any time between 1 January and the end of the day on 29 January.
If your Contract is for the supply of Services.
You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if this period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of these Terms and on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.5 You can also e-mail us at email@example.com or contact our Customer Services team by telephone at 0121 212 1532 or by post to 28 St Paul’s Square, Birmingham, B3 1RB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.6 If you cancel your Contract we will:
9.6.1 refund you the price you paid for the Products and/or Services (unless we have started to supply the Services, in which case we will only refund that portion of the price which relates to Services we have not yet completed. If we have completed the supply of the Services, you will not receive a refund). However, please note we are permitted by law to reduce your refund 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. 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.
9.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 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.
9.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
22.214.171.124 if you have received the Product, 14 days after 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 clause 9.8;
126.96.36.199 if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
9.7 If you have returned the Products to us under clause 9 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. If you believe the Services have not been performed properly, we will liaise with you to determine why the Services have not been performed properly, and re-perform the Services to your satisfaction at no further cost to you. If you are not satisfied, we will provide you with a refund in respect of the Services.
9.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.9 If a Product has been delivered to you before you decide to cancel your Contract:
9.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see the invoice supplied with the Product for details on how to return the Product;
9.9.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Product to us.
9.10 As you are a consumer, we are under a legal duty to supply Products and Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described or the Services are not properly performed. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, a note will be left by the delivery carrier, in which case, please follow the directions on that note to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5 If we miss the 30-day delivery deadline for any Products and/or Services then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products and/or supply the Services;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY
We do not include postage and packaging to addresses outside the UK. You may place an order for Products from outside the UK, but please contact us directly by email at firstname.lastname@example.org to discuss this with us to determine if we are able to deliver to your location.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products and/or Services will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products and/or Services are correct at the time when the relevant information was entered into the system. However please see clause 13.5 for what happens if we discover an error in the price of the Product(s) and/or Services you ordered.
12.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product and/or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.
12.5 Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products and Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1 where the Product’s or Service’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products/Services to you; and
12.5.2 if the Product’s or Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product/Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the Product/Service and refund you any sums you have paid.
13. HOW TO PAY
13.1 You can pay for Products using the PAYPAL link, however, debit and credit cards can be used at this point to complete a transaction
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. PRODUCT AUTHENTICITY
14.1 We guarantee that on delivery the Products shall be free from material defects. If a Product is found to be defective, we will refund the price you have paid for the Product in accordance with clause 9.
14.2 We check the Products on our site carefully to ensure they are authentic. Where available, we will provide you with a certificate of authenticity in respect of the Product you have purchased. In the unlikely event that you have concerns regarding the authenticity of the Product you have purchased, please contact us immediately by emailing us at email@example.com or by telephoning our customer service team at 0121 212 1532 in order to explain your concerns. We will determine, at our absolute discretion, the best way to handle any such concerns. In any such instances, our liability will be limited to refunding the cost of the Product purchased by you, together with any delivery costs you have incurred, following the return by you, to us, of the Product in question in accordance with clause 9.
14.3 If you are a consumer, our guarantee is in addition to and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. OUR LIABILITY IF YOU ARE A BUSINESS
Clause 17 only applies if you are a business customer.
15.1 Nothing in these Terms limits or excludes our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.1.3 defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 17.2, 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:
15.2.1 any loss of profits, sales, business, or revenue;
15.2.2 loss or corruption of data, information or software;
15.2.3 loss of business opportunity;
15.2.4 loss of anticipated savings;
15.2.5 loss of Goodwill; or
15.2.6 any indirect or consequential loss.
15.3 Subject to clause 17.2, our total liability to you in respect of all 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 the price of the Products you have purchased pursuant to the Contract.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
Clause 18 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.3 any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.4 defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for the performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. COMMUNICATION BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
18.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
18.3.2 A notice or other communication shall be deemed to have been received: if delivered personally when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 10:30 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
18.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
(Complete and return this form only if you wish to withdraw from the contract)
To: David Bloxham trading as BHPCollectibles Ltd
Address: 28, St Paul’s Square B3 1RB
Customer Services Number: 0121 212 1532
© Crown copyright 2013.
Complete this form only if you wish to cancel your order