- 1. Information about us
- 2. Our Products
- 3. Product Contracts
- 4. Price
- 5. Payment
- 6. Quality
- 7. Delivery
- 8. Duration and Termination of Product Contracts
- 9. Consumer Right to Cancel a Product Contract
- 10. Late payment, late supply of information and administration fees
- 11. Faulty Products
- 12. Our Liability to you
- 13. Events Outside Our Control
- 14. Risk and Title
- 15 Complaints
- 16. Communication Between Us
- 17. Other Important Terms
Terms and Conditions relating to the Sale of Silver, Gold, Platinum, Palladium and Jewellery Products
This page sets out the legal terms and conditions (the Terms) which apply when we sell silver, gold, platinum, palladium and jewellery products and any other products we offer for sale (Products) to you.
You can choose to purchase Investment Products or Non-investment Products from us. The key difference between Investment Products and Non-investment Products is that, with Investment Products, the price is dependent on fluctuations in the financial market, and, with Non-investment Products, the price does not depend on fluctuations in the financial market (although both types of Products may be purchased for investment purposes). If you are unsure if the Products that you wish to purchase are Investment Products or Non-investment Products, please contact us to confirm this before placing your Order. Please be aware that some of the terms and conditions which apply to sales of Investment Products (particularly those concerning cancellation of orders) are different to those which apply to Non-investment Products, as set out in these Terms.
The price of Investment Products is dependent on the spot price of the relevant metal at the time your order is placed. This price fluctuates frequently and is outside of our control. Due to these fluctuations we are obliged to purchase the precious metal you have ordered immediately to secure your investment at that rate. We therefore cannot accept cancellations on any orders for Investment Products as we have committed to purchase your Investment Product as soon as your order has been placed. You do not have any statutory rights to cancel your order for an Investment Product if you change your mind, whether under the Consumer Contracts Regulations 2013, the Financial Services Regulations 2004 or otherwise.
The purchase of physical Products is not the same as the purchase of digital bullion through our metal accounts (Digital Bullion). If you are looking to purchase Digital Bullion, please refer to our Metal Account Terms [https://www.chards.co.uk/info/metal-account-terms]. If you are looking to purchase vaulted storage services in respect of bullion grade precious metal products (Storage Services) from us, please refer to our Terms of Storage [https://www.chards.co.uk/info/storage-terms-of-sale]. If you are looking to sell products to us, please refer to our Terms of Purchase [https://www.chards.co.uk/info/terms-of-purchase].
These Terms will apply to any orders for Products placed by you (Orders) and any contract between us and you for the sale of Products to you (Product Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
All contracts for the purchase of Storage Services from us (Service Contracts) shall be made in accordance with and governed by our Terms of Storage [https://www.chards.co.uk/info/storage-terms-of-sale]. Each Service Contract shall constitute a separate contract from any Product Contract. All contracts for the purchase of Digital Bullion from us (Metal Account Contracts) shall be made in accordance with and governed by our Metal Account Terms [https://www.chards.co.uk/info/metal-account-terms]. Each Metal Account Contract shall constitute a separate contract from any Product Contract.
These Terms and any Product Contract between us are only in the English language. Please note we may not necessarily keep a copy of your Product Contract and we may amend these Terms from time to time. Each time you place an Order, the Terms in force at that time will apply. Each time you wish to place an Order, please check these Terms to ensure you understand the terms which will apply at that time and ensure that you keep a hard copy of such Terms for your future reference.
1. Information about us
We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office at 32-36 Harrowside, Blackpool, FY4 1LY. In these Terms, we refer to ourselves as “Chards”, “we”, “us”. Our VAT number is GB 157 0712 74. We have been trading as a coin and bullion dealer since 1964 and operate the website www.chards.co.uk (the Website). To contact us, please telephone +44 (0)1253 343081, or send us an email to [email protected] or write to us at the address above. You can also contact us via our Website here.
2. Our Products
2.1 All Products shown on our Website and in our advertising materials are subject to availability.
2.2 Please note that we do not hold all Products in stock and we may have to order Products specifically in order to fulfil your Order. At any time prior to despatch by us of your Order for a Non-investment Product, you may elect to exchange your Non-investment Product for another Product on our Website. If you choose a lower priced Non-investment Product, we shall refund you the difference and if you choose a higher priced Non-investment Product, you will need to pay the difference. We shall despatch the replacement item(s) to you within two working days (once such items are in stock) of us agreeing an exchange with you, provided we have received payment from you in full and subject to your confirmation via telephone or email that you will be available to take delivery. At any time prior to despatch of your Order for a Non-investment Product, you may cancel your Order and request a refund from us for the sum you have paid us. Please contact us via telephone, email or live chat if you would like to discuss the options available to you. This provision shall apply in addition to the statutory rights available to consumers residing in the UK and EEA as set out in clause 9. Please note we cannot accept cancellations of Orders for Investment Products. If the Investment Product you have ordered is the latest year coin and that coin is superseded by the following year coin prior to us receiving your Order, we reserve the right to supply the following year coin in place of the latest year coin originally ordered.
2.3 You may place Orders for Products via the following methods:
a) online through our Website; or
b) over the telephone by calling us on 01253 343081; or
c) in accordance with the steps set out in any one of our advertisements published in various printed media publications (Adverts).
2.4 Each Order that is accepted by us under these Terms shall constitute a separate Product Contract. You can only place an Order with us and receive the Products if you are at least 18 years old. We reserve the right to reject an Order if you do not provide us with the necessary personal information or if you do not pass our security checks.
2.5 By placing an Order, you confirm that you have all rights, permissions and consents that are required in order to place an Order and to receive the Products, including authority to bind any business on whose behalf you purchase the Products from us.
3. Product Contracts
3.1 If you place an Order, we will require you to set up an account with us and provide certain information before we can accept your Order. You can do this on our Website, via the telephone or in person in our showroom during opening hours. This information we may require includes your full name and address, company name (if applicable), proof of address, email address, telephone number and date of birth. . Further details are set out on our Website here. We are required to obtain this information to comply with our legal obligations (including those relating to anti-money laundering), to protect against fraud and to reduce credit risk. We may also use this information to contact you concerning your Product Contract from time to time.
3.2 We reserve the right to require proof of identification at any time for any reason, including, without limitation, to conduct mandatory anti-money laundering checks (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here [https://www.chards.co.uk/info/payment-ID#Identification] for further information about acceptable proof of identification. We will contact you if we require you to provide any additional information or proof of identification.
3.4 If you place an Order, you are making an offer to purchase the Products at the price (including delivery costs) notified to you pursuant to clause 4.1 and otherwise under these Terms. All Orders placed are subject to these Terms and by placing an Order, you agree to:
a) comply with these Terms;
b) pay the price of the Products and delivery charges for the Products;
c) pay all bank charges arising from any payment you make to us in a foreign currency; and
d) pay any Administration Fee that may become due under clause 9 in accordance with these Terms.
3.5 All Orders are subject to acceptance by us. Your Order shall not be accepted until we have emailed you to confirm we have accepted your Order or when we confirm this to you over the telephone. At the point of acceptance, a Product Contract shall be formed between you and us. If we are unable to accept your Order (for example, because we have identified an error in the price of the Products), we will inform you and will not process your Order. If you have not received confirmation that your Order has been accepted within two working days of the date you placed your Order, please contact us. We may also send you an acknowledgement email, but this does not mean your Order has been accepted.
3.6 When ordering over the telephone, we will read certain parts of these Terms to you and will inform you where you may find a full copy of these Terms. We will also make a copy of these Terms available to you during the online checkout process. You will be required to accept these Terms before placing any Order with us. If you do not accept these Terms, you will not be able to enter into a Product Contract with us or receive the Products.
3.7 This clause 3.7 shall only apply to Orders for Products advertised for sale in an Advert.
a) If you wish to order any Products advertised for sale in an Advert, you should (and in the case of payment by debit card, must) call us to check the availability and price of the Products that you wish to purchase before sending any payment to us for such Products.
b) If you place an Order in response to an Advert and the price of any Investment Product has increased from that set out in the Advert, we will contact you to check whether you would like to proceed with your Order at the correct higher price. If we do not obtain your agreement to proceed within 3 working days of receiving your Order, we will cancel your Order and return or refund any payments made by you (as appropriate) as soon as reasonably possible.
4.1 The prices of our Products will be:
a) in respect of Orders placed through our Website or over the telephone, the prices notified to you by us during the ordering process, provided that in the case of Investment Products, payment and personal information is received by the applicable deadline; or
b) in respect of Orders placed in response to Adverts, the prices set out in that Advert, provided that in the case of Investment Products, the prices have not changed between the date on which the Advert is printed and the date on which we receive your Order (in which case clause 3.7(b) shall apply) and payment and personal information is received by the applicable deadline; or
c) set on the date on when we receive sufficient funds from you to fix the price for your Order, where we have agreed with you that you will pay in advance.
The price of Investment Products is dependent on market fluctuations in price and if payment or any required personal information is not received by the applicable deadline, the price of the Investment Product may increase according to market fluctuations, in which case, clause 10 shall apply. Further, if we have asked you or you have requested to pay in advance, the price of your Order shall only be fixed once we have received sufficient payment from you (either full payment or such amount as we have requested from you). The advance payment shall be an estimate of the price of your Order and shall be subject to fluctuations until the advance payment has been received by us, following which we shall fix the price and confirm the final amount to you.
4.2 4.2 Where we do not have Products in stock for an Order with a value of £50,000 or more, we will require a non-refundable deposit from you to secure your Order. The applicable price shall be set according to the live market price if your Order is placed between 9am and 4pm on a weekday when the banks in London are open for business (a working day). If you wish to place an online Order over a value of £30,000 outside of office hours, we may ask you to call us between 9am and 4pm on a working day. This may be because we require further identification from you (please see clause 2.1 above) or because we need to buy additional bullion to back your Order. Alternatively, you may wish to invest in Digital Bullion in accordance with our Metal Account Terms [https://www.chards.co.uk/info/metal-account-terms], which can then be used as part-payment towards the purchase of a Product.
4.3 Prices for our Products may change from time to time. Except as set out in these Terms, changes will not affect any Order which we have accepted in accordance with these Terms.
4.4 The price of a Product does not include delivery charges, but is inclusive of any VAT that may be applicable in the UK.
4.5 If you request us to deliver your Products to you or to put your Products into international storage, you must also pay our delivery costs (Delivery Costs). The Delivery Costs shall include our actual cost of delivery, packaging and insurance and shall be calculated by reference to the price of the Products. Unless we advise you otherwise, the parcel shall be insured up to the price of the Products during transit. Please refer to our Website here [https://www.chards.co.uk/info/delivery-and-opening-times] for further details on deliveries and our standard Delivery Costs. If the Delivery Costs to your required location are not published on our Website, please contact us for a bespoke quote.
4.6 We take all reasonable care to ensure that the prices of Products are correct at the time at which they are provided. However, we supply a wide range of Products and it is always possible that, despite our reasonable efforts, the price we provide to you in respect of some of our Products may be incorrect. It is also possible that when paying for your Products you may pay the wrong amount. The following provisions shall apply where we discover an error in the price of any Product that you have ordered when processing your Order.
a) If a Product’s correct price is higher than the price stated to you, 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 at the correct higher price or cancelling your Order. We will not take any further steps to 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. If you have paid any part of the price of the Product but we are unable to contact you to take your further instructions, we will refund such sums to you as soon as reasonably possible.
b) If we accept an Order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing, we may end the Product Contract with you, refund to you any sums you have paid under the Product Contract and require the return of any Products supplied to you under that Product Contract.
c) If we have quoted the correct price to you and a Product Contract has been formed, but when paying the price, you have paid an amount less than the quoted price, you must make payment of the remainder due by the deadline we notify you of. Your Product will not be delivered until such outstanding amount is received in cleared funds. If you do not pay such amount due within this time, clause 10.1 will apply.
4.7 Clause 4.6 only applies to pricing errors. Where prices have changed because of your late payment, clause 10 shall apply.
5.1 Please refer to our payment and identification information page on our Website here for details on our accepted methods of payment. Alternatively, you can contact us by telephone to discuss how to pay.
5.2 5.2 Internet access is required for debit card payments unless payment is made in the showroom. Please note that debit cards issued outside of the UK may not be accepted and we will contact you if your payment by debit card is rejected. Some payment methods and all international payments carry additional charges as detailed on our Website.
5.3 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency or from a bank account which is not a pounds sterling account, you shall be responsible for paying all charges and fees incurred by you and/or us as a result of your payment in a foreign currency or from such account.
5.4 If you place an Order through our Website, you must select the appropriate box during the online Order process to indicate your chosen method of payment. If you place an Order over the telephone you must notify us of your chosen method of payment when placing your Order. If you place an Order in response to an Advert, you must indicate your chosen method of payment on your Order form.
5.5 The time period in which you are required to make payment will depend upon how you place your Order and your preferred method of payment, as follows:
a) Payments by cash, cheque, bank draft or postal order must be sent on the day of ordering (in respect of any Order that is placed via our Website or over the telephone) by pre-paid first-class post or other next working day delivery service.
b) Payments by bank transfer (in respect of any Order that is placed via our Website or over the telephone) must be sent on the day of ordering.
c) If you place an Order through our Website and elect to pay by debit card, payment must be made at the time of your Order.
d) If you place an Order over the telephone and elect to pay by debit card, we will send you and email containing a link to our online payment gateway and you must make payment on the same day. Please contact us if you do not receive this email within two hours of placing your Order.
e) If you place an Order by post in response to an Advert, cash, cheques, bank drafts and postal orders should be enclosed in the envelope with the Order (but you may not pay by bank transfer).
f) If we ask you, or you request, to pay for your Order in advance, you must pay us the estimated price for your Order using one of the above payment methods.
5.6 Any payments not received by us within 24 hours of your Order being placed may be cancelled and you may be charged an Administration Fee in accordance with clause 10 below. We will allow up to three working days to receive international payments before cancelling your Order.
5.7 If requested by us, you may be required to pay a non-refundable deposit to fix the price and secure your Order (Deposit), pending receipt of full payment from you in accordance with clause 5.5. If you pay a non-refundable Deposit, the price will be fixed at the time you place your Order.
5.8 Alternatively, we may require you or you may request to pay for your Order in advance of us fixing the price for your Order (Advance Payment). Once we have received payment in full (or such proportion of payment agreed by us), we shall fix the price and inform you. You shall then be liable to pay us the balance between the amount you have paid us and the final balance, or we shall refund you the difference (if the price has dropped). If you make an Advance Payment, the price will only be fixed once we have received the Advance Payment and we have informed you of this
All images we show on our Website of the Products and their packaging and in any of our other advertising materials (such as brochures and printed advertisements) 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, or the photographs of the colours in our advertising materials, accurately reflect the colour of the Products or their packaging. We cannot guarantee that you will get the exact Product or packaging pictured in those images. The images of Products or packaging used on the Website and in advertising materials may be generic images of a particular kind of Product but not of the specific Product purchased. Due to the nature of the Products we sell (including second hand Products), Products of the same type and their packaging will vary and may be subject to imperfections. For example, the condition of certain Products may not be pristine, Products and packaging may be scuffed or scratched, and packaging (including presentation boxes and their lining) may be stained or discoloured. Products will be graded depending on their condition and images of Products may not display the exact Product or the grade of Product that you are purchasing. Please refer to the written description of the Product.
7.1 The time for delivery will depend on whether we hold the Product(s) you have ordered are in stock. We will normally despatch Products within two working days of receipt of the full price of the Products in cleared funds and all paperwork required by us to process your Order where we have such Products in stock. We may be able to make certain Products available before this time, if requested by you, subject always to stock and market factors, but this may incur a premium price or stricter payment terms, which we will notify you of prior to placing your Order.
7.2 If you choose to pay by cheque, we usually provide for one week for UK cheques to clear and at least 8 working days for all other cheques to clear (although in some circumstances clearance can take weeks or months) before despatching the Products, although we may, acting in our absolute discretion and where we hold the relevant Products in stock, reduce this period.
7.3 We try to ensure only Products that we hold in stock are shown as ‘in stock’ on our Website and in our systems, but we cannot guarantee the accuracy of our Website and our systems in this respect. If we do not have your Products in stock or if you have pre-ordered Products that have not yet been released, we will inform you of this and will deliver your Products as soon as reasonably practicable following receipt of the Products from our suppliers. Please be aware that we sometimes order Investment Products from our suppliers in bulk. This means that if we do not have the Investment Product(s) that you have ordered in stock, we may delay in ordering them from our suppliers until we have received a sufficient number of orders for the same Investment Products from other customers to enable us to place a bulk order. Where you have placed an Order for second hand Non-investment Products that we do not have in stock, we will be unable to supply the same to you until such Products become available on the market (if at all). In each of these circumstances, there may be a substantial delay to the delivery of the Products you have ordered (in some cases exceeding six months). If we are unable to meet the standard despatch times referred to in clause 7.1 and 7.2 or we consider that we may not be able to deliver your Products within 30 days of our acceptance of your Order, because they are out of stock, or due to any of the circumstances set out in this clause 7.3, or due to any Event Outside Our Control (as defined in clause 13.2), we will let you know as soon as possible (either when you place your Order or after this time using the contact details provided by you during the ordering process) and will provide as much information to you as is reasonably possible in respect of an estimated despatch date.
7.4 Any delivery dates provided are estimates only and time for delivery to you shall not be of the essence.
7.5 If you notify us that you wish to delay the delivery of your Products for any reason before they are despatched, we may at our discretion (and without affecting clause 7.7) agree to store your Products for you but a storage fee may be payable, the amount of which may depend on the length of storage but we will inform you of such storage fee when you ask to delay delivery.
7.6 You will need to confirm you are available to accept delivery on the nominated day before we will despatch your Products to you. You may be required to sign for the your Products upon delivery and if you are not available, this may result in your Products being returned to a local sorting office or warehouse awaiting your collection or being returned to us. If your Products are returned to us in these circumstances, you will be recharged the Delivery Costs which we will need to receive from you in full before we can attempt re-delivery.
7.7 The Products will be your responsibility from the completion of delivery. If you are a consumer, delivery will be completed when the Products come in to your physical possession or the physical possession of a person nominated by you to accept delivery on your behalf. If you are not a consumer, delivery will be completed when we deliver the Products to the delivery address provided by you.
7.8 If you have not received your Products by the estimated delivery date, please contact us to let us know immediately. If we become aware of a delay with the delivery of your Products, we will provide you with a revised delivery date.
7.9 Please note that deliveries are fully tracked and insured until signed for at delivery address which includes delivery to a neighbour, a safe place or a pickup point. If you are unsure, please re-arrange delivery for a more convenient time.
7.10 If your parcel appears to have been damaged or tampered with during transit (a damaged parcel), you must refuse to accept delivery and ask the courier to return the parcel to sender. We are unable to accept returns for damaged parcels if you sign for and accept delivery.
7.11 If you would like to order Products to be delivered to a destination outside of the United Kingdom, please note that local laws restrict us from shipping to some destinations and certain countries do not allow money to be sent through their postal networks (see here for further information). Please refer to the delivery page on our Website [https://www.chards.co.uk/info/delivery-and-opening-times] for the destinations we are able to ship to (International Delivery Destinations). We recommend you check this page before placing an Order with us. Please be aware that your request for delivery may be subject to VAT, import duties and other taxes in the country of destination. You will be responsible for payment of any such duties and taxes and for complying with applicable laws and regulations. Please note that we have no control over these charges and we cannot predict their amount. Deliveries may also be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import of the Products into that territory. We do not make any representations or guarantees in respect of whether you will be permitted to import the Products into any territory. You are responsible for determining whether any restrictions on import are in place and applicable. You must comply with all applicable laws and regulations of the country for which the Products are destined. We cannot accept liability for loss or damage to any Products which are confiscated, seized or otherwise subject to local law restrictions in the country of destination or for non-compliance with applicable laws on importation. We recommend you seek local advice in the country of destination prior to asking us to deliver your Products.
8. Duration and Termination of Product Contracts
8.1 Each Product Contract will commence in accordance with clause 3.5.
8.2 Each Product Contract will continue until terminated by a party in accordance with these Terms.
8.3 We may terminate all or part of a Product Contract immediately upon written notice and without liability to you if:
(a) you do not make payment to us when it is due under the Product Contract and you still do not make payment within 14 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;
(c) you commit any other material breach of the Product Contract and (if the breach is remediable) you do not remedy that breach within 14 days of being asked to do so;
(d) we consider that any personal identification documentation or other information you have provided to us is, or is likely to be, false; or
(e) we are required to do so under applicable law or by any regulatory body or government authority.
8.4 If you are paying for your Order in advance in accordance with clause 5.8, you shall be entitled to cancel your Order at any time before we have informed you that we have fixed the price. If you cancel your Order, we will refund you the Advance Payment we have received, but we may charge you an Administration Fee in accordance with clause 10.
9. Consumer Right to Cancel a Product Contract
9.1 If you are a consumer residing within the UK or European Economic Area, you have placed an Order for Non-investment Products via any of the methods set out in clause 2.3, you have a legal right to cancel the Product Contract (to the extent it relates to Non-investment Products only) without giving any reason during the period set out below in clause 9.2. This means that during the relevant period, if you change your mind, you can notify us that you wish to cancel your Order for Non-investment Products. This right does not apply to Orders for Investment Products or business customers.
9.2 The period in which you may cancel your Product Contract will expire at the end of fourteen (14) days after the day on which you acquire, or a third party indicated by you to accept delivery on your behalf (other than our nominated carrier through whom we deliver the Product to you) acquires, physical possession of the Non-investment Products.
9.3 To exercise this cancellation right, you must inform us that you wish to cancel your Product Contract. You can inform us of your decision to cancel your Product Contract over the telephone on +44 (0)1253 343081, by post at 32-36 Harrowside, Blackpool, FY4 1RJ, England or by e-mailing us at [email protected] You may also use the model cancellation form which is set out at the end of these Terms, but it is not obligatory.
9.4 If you exercise your right to cancel your Product Contract for Non-investment Products in accordance with this clause 9, you will be responsible for the cost of returning the Non-investment Products to us (all such returns to be sent to us at 32-36 Harrowside, Blackpool, FY4 1RJ, England) (unless you are returning the Products because they are faulty or not as described, in which case, clause 11 shall apply). You must return such Non-investment Products within fourteen (14) days of the day on which you inform us that you wish to cancel your Product Contract. We recommend that you return such Non-investment Products by secure, recorded delivery and insure the Non-investment Products for their full replacement value. Returned Non-investment Products must not be altered, resized or tampered with in any manner.
9.5 If you exercise your right to cancel your Product Contract for Non-investment Products in accordance with this clause 9, you will receive a full refund of the price you paid for the relevant Non-investment Products, including the delivery charges paid by you for delivering the Non-investment Products to you, except that if you chose a method of delivery which was more expensive than the standard delivery option offered by us for the relevant Non-investment Product, you will only receive a refund of the amount of the standard delivery charge for that Non-investment Product. We may reduce the amount of the refund to take account of any loss in value of the Non-investment Products resulting from unnecessary handling of the Non-investment Products by you. You are only liable for any diminished value of the Non-investment Products resulting from handling the Non-investment Products in a way which would not be permitted in a shop.
9.6 We will provide refunds due under this clause 9 using the same method of payment that you used to pay for the Non-investment Products, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the Non-investment Products back or you have supplied satisfactory evidence of having sent back the Non-investment Products, whichever is the earliest.
9.7 We will process the refund due to you as soon as possible and, in any case:
(a) within fourteen (14) days from the day we receive the relevant Non-investment Products; or
(b) (if earlier) fourteen (14) days after the day you provide satisfactory evidence that you have returned the relevant Non-investment Products; or
(c) if the Non-investment Products have not yet been despatched, fourteen (14) days after the day on which you inform us of your decision to cancel the Product Contract in accordance with this clause 9.
10. Late payment, late supply of information and administration fees
10.1 If payment is not made by you or received by us in accordance with the applicable deadlines set out in clause 5.5 and 5.6, or if the personal information required under clause 3.1 is not provided by the relevant deadline:
(a) we may charge you an administration fee of 1% of the price of the Product(s) (subject to a minimum fee of £10 and a maximum fee of £500) (Administration Fee) to cover our administrative costs incurred as a result of you breaking the Product Contract by failing to make payment or provide your personal information by the relevant deadline. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged. The Administration Fee shall be payable regardless as to whether or not we have accepted your Order;
(b) if you are a business customer, 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 or such higher statutory rate as may be available under applicable law. The 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 any interest together with the overdue amount;
(c) we may, in our sole discretion, cancel your Product Contract (but you shall still be liable to pay any Administration Fee that has been incurred in respect of the relevant Order or we shall be entitled to retain any Deposit you have paid in respect of the relevant Order); or
(d) if we do not cancel your Order, we may give you a new deadline to make payment and/or provide your personal information (and this clause 10.1 shall apply if you fail to meet such extended deadline).
10.2 If your Order is cancelled pursuant to clause 10.1(c), you may submit a new Order, subject to revised prices for the Products.
10.3 If you cancel an Order where the price has not yet been fixed in accordance with clause 8.4, we may charge you an Administration Fee in accordance with clause 10.1(a) to cover our administrative costs of processing your Order and returning any Advance Payment to you.
10.4 We reserve the right to take legal action against you to enforce these Terms. If we have accepted your Order and you fail to make payment or provide personal information by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result of you breaking your Product Contract and we reserve the right to deduct such amounts from any refund payable to you.
10.5 If you do not pay any Administration Fee or other money due or provide any personal information required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future until all such money due to us is paid or personal information required is supplied by you.
11. Faulty Products
11.1 If we accept your Order and you are a consumer, we will be under a legal duty to supply Products that are in conformity with your Order as accepted by us and these Terms. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 If you consider that any Product is faulty or misdescribed, please notify us immediately. You must return such Products to us as soon as reasonably practicable in accordance with our reasonable instructions. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. If you have returned any Products to us because they are faulty or misdescribed, we will inspect the Products and if found to be faulty, we will issue a replacement or refund the price of the Product in full.
11.3 We will process the refund due to you within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or misdescribed Product.
12. Our Liability to you
12.1 This clause 12.1 shall only apply to you if you are a consumer (which means that you are not purchasing the Products in the course of your trade, business, craft or profession):
(a) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
(b) We only supply the Products for domestic and private use. You agree not to resell the Products or to use the Product for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do.
12.2 This clause 12.2 shall only apply if you are purchasing Products in the course of your business and not as a consumer:
(d) We only supply the Products for use in the course of your business. You agree not to resell the Products and we shall have no liability to you in respect of your resale of the Products in contravention of this clause.
(e) Subject to clause 12.4, 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 your Product Contract for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of or damage to goodwill or reputation; or
(vi) any special, indirect or consequential loss.
(f) 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 business’ purposes.
12.3 Subject to clause 12.4, our total liability to you in aggregate, as a consumer and/or a business, arising under or in connection with a Product Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased under that Product Contract.
12.4 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; or
(c) Any other liability which cannot be limited or excluded by applicable law.
13. Events Outside Our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, lockdown, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster, compliance with any applicable laws or regulations or any law or action taken by a governmental or public authority, failure of or non-performance by a supplier, interruption or failure of a utility service or transport network 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for 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.
13.4 Due to the uncertainties caused by the ongoing COVID-19 pandemic:
(a) Lead times: It may take us longer than usual to receive certain items in stock and we may not be able to provide accurate lead times on such items. This may affect you if you wish to purchase a Product that we do not have in stock.
(b) International orders: From time to time, we may need to suspend international deliveries or deliveries to certain territories. We will let you know if this affects you when you place your Order.
(c) Showroom: Our showroom may be required to close depending on local lockdown restrictions imposed by the UK Government from time to time and it may not be possible to allow you to visit the showroom when such restrictions are in force.
(d) To the extent of any conflict between the COVID-19 provisions above and the remainder of these Terms of Sale, the above COVID-19 provisions shall take precedence.
14. Risk and Title
14.1 Under these Terms, risk in the Products shall pass to you on completion of delivery in accordance with clause 7.7.
14.2 You will own the Products once you receive the confirmation of our acceptance of the Order, we have received the Products from our supplier, we have received payment in full in cleared funds and we have received all the documents required under clause 3.1 in respect of your Order.
15.1 Please contact us if you wish to complain about any aspect of the Products we provide or our customer service. We are very keen to hear your concerns and to resolve any issues promptly.
15.2 If you are a consumer and you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Please contact us if you would like further information on the relevant dispute resolution process applicable to you.
16. Communication Between Us
16.1 Notices we have to send to consumers shall be sent in writing via your online account on our Website or by email or pre-paid post using the contact details you have provided to us in connection with your Order. Alternatively, we may contact you by telephone where the notice does not need to be in writing
16.2 If you are a business:
(a) any notice or other communication given by you to us, or by us to you, under or in connection with these Terms, the Products or any Order shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, sent by airmail, sent by e-mail, or (in respect of notice to be given by us to you only) posted on our Website;
(b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at the recipient’s registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting to the recipient’s registered office; if sent by airmail, at 9.00am on the fifth working day after posting; if sent by e-mail, one working day after transmission (provided no delivery failure notification is received by the sender); or, if posted on our Website, immediately;
(c) 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 correct e-mail address and that no delivery failure notification was received.
16.3 We will send you an email or contact you via phone if you have started checkout and not completed in order to help you with your purchase, this is called an "abandoned cart". You are under no obligation to continue to make a purchase with any "abandoned carts" and we do this in order to provide you with the best possible customer service.
17. Other Important Terms
17.1 These Terms are drafted in the English language and such version shall prevail over any translations of these Terms.
17.2 To the extent of any conflict between the provisions of these Terms and any document referred to in them, these Terms shall take precedence.
17.3 We may transfer our rights and obligations under a Product Contract to another organisation, but this will not affect your rights or the obligations owed to you under the Product Contract. You may only transfer your rights or your obligations under a Product Contract to another person if we agree in writing.
17.4 Each Product Contract shall be binding upon you and us, and each party’s respective personal representatives, successors and permitted assigns. 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.
17.5 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.6 The rights and remedies provided under these Terms are in addition to, and not exclusive of, each other and any rights or remedies available under applicable law.
17.7 If we fail to insist that you perform any of your obligations under a Product Contract, 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.
17.8 If you are a consumer, please note that these Terms, any Product Contract and any dispute or claim arising out of or in connection with it shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Product Contract or their subject matter. However, nothing in these Terms will override any mandatory laws of the country in which you have your usual place of residence or limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
17.9 If you are a business, these Terms, any Product Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
To Chard (1964) Limited:
Address: 32-36 Harrowside, Blackpool, FY4 1RJ, United Kingdom
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.