Barnsley Jewellers

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Terms and conditions

Terms & Conditions

The following terms and conditions are legally binding on you as a customer being the person (“You” or the “Customer”) entering into the evaluation and sale agreement (“Sale”) of used, unwanted or broken jewellery containing precious metals (the “Valuables”) to Northwest Refiners (“Barnsley Jewellers and Pawnbrokers” or “we”, “us”, “our”) and/or a user of the Barnsley Jewellers and Pawnbrokers Site and inure to the benefit of Barnsley Jewellers and Pawnbrokers and its assigns and successors.  Please read these terms and conditions carefully before entering into a Sale from our site.  You should understand that by using our site or placing any request for an evaluation and/or Sale with us you agree to be bound by these terms and conditions.

1.            Information About Us

www.Barnsley Jewellers and Pawnbrokers.co.uk is a site operated by Northwest Refiners (“We”).  Our office at Northwest Refining, 21 Victoria Street, Crewe, CW1 2HF. Our VAT number is (800 5747 51) consumer credit license no (583458) under D. Mountford.

2.            Requirements for Use

You warrant to Barnsley Jewellers and Pawnbrokers that:

2.1           You are at least eighteen (18) years of age.

2.2 You and are a resident in the United Kingdom;

2.3           You have good and marketable title to the Valuables You send in;

2.4           You have full authority to sell the Valuables;

2.5           The Valuables are sold freely without any liabilities, nor any adverse claims of any nature and description whatsoever;

2.6           The Valuables are not the result of illegal activity in any country, nor have you been involved in the illegal handling or possession of the Valuables;

2.7           Barnsley Jewellers and Pawnbrokers will not break any law of the UK or any other country, including anti-moneylaundering, ani-terrorism or any other applicable law as a result of your sale;

2.8           You are legal owner the Valuables that you are sending to Barnsley Jewellers and Pawnbrokers with the intention of sale, and can provide proof of ownership if requested (although Barnsley Jewellers and Pawnbrokers may, but is not obligated to do so);

2.9           You are acting independently on your sole behalf only and not as an agent or representative of a third party;

2.10           You are legally capable of entering into binding contracts; and;

2.11        The information you submit is truthful and accurate.

3.            How the Contract is Formed between You and Us

3.1           After you have completed the online form ordering a Gold pack, you will receive a gold pack through the post email  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to you to receive from us an evaluation of your Valuables.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by dispatching to you our Gold pack (“the Dispatch Confirmation”).  The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.

4.            Shipping and Insurance

You warrant to Barnsley Jewellers and Pawnbrokers that:

4.1           All Property and Valuables sent to Barnsley Jewellers and Pawnbrokers must only be sent using the “Gold pack” that Barnsley Jewellers and Pawnbrokers provides, unless you use a packaging technique that can systematically be traced.

4.2           Any “Gold pack” provided by Barnsley Jewellers and Pawnbrokers will already be insured up to the value of £500. If your Valuables require higher insurance you must arrange this at your own expense. If you are using an alternative carrier to a “Gold pack”, you are responsible for fully insuring your Valuables, and any claim against loss or damage must be made to this carrier.

4.3           A third party will be carrying the Valuables between Barnsley Jewellers and Pawnbrokers and you, and the company’s tracking application will be the only way of ensuring the Valuables were mailed correctly, Barnsley Jewellers and Pawnbrokers highly recommends you retain of any postage receipt provided by the third party carrier.

4.4           Barnsley Jewellers and Pawnbrokers reserves the right to reject and immediately return a “Gold pack” back to sender if the item appears to have been tampered with, such as damaged or opened, without any further liability to Barnsley Jewellers and Pawnbrokers.

5.            Limitation of Liability

5.1           Providing your Vaulables are accepted, the liability of Barnsley Jewellers and Pawnbrokers will be limited to no more than the following, whichever is less:

5.1.1 50% of the confirmed valuation of your Valuables that has been valued within the previous 90 days. Barnsley Jewellers and Pawnbrokers reserves the right to allow further appraisal verification of your Valuables from a third party; or

5.1.2 Either half of the wholesale value, or the Valuables’ current market liquidation value; or

5.1.3 The total of one hundred pounds sterling (£100).

5.2           You and any third party shall be bound by this restriction of liability, including, but not limited to, You and your successors, assigns, insurance carriers and any additional individual or body asserting any right or claim which relates to your transaction with Barnsley Jewellers and Pawnbrokers. In the event of loss or destruction of property while in Barnsley Jewellers and Pawnbrokers’s possession for any reason, Barnsley Jewellers and Pawnbrokers will not be held legally responsible for these damages, including negligence greater in value than set out in this section. If your insurance carrier were to issue any subrogation claim Barnsley Jewellers and Pawnbrokers shall not be liable for this. By submitting an item to Barnsley Jewellers and Pawnbrokers You express your loss of right to any such subrogation claim on your and your insurance carrier’s behalf. In no circumstances shall Barnsley Jewellers and Pawnbrokers be liable for any consequential or indirect loss that may occur. By submitting the items, You explicitly express your acceptance of this limitation of liability.

5.3           This does not include or limit in any way our liability:

5.3.1      For death or personal injury caused by our negligence;

5.3.2      Under section 2(3) of the Consumer Protection Act 1987;

5.3.3      For fraud or fraudulent misrepresentation;

5.3.4      For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or

5.3.5      For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

5.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the Contract between us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data.

5.4           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 events outside our reasonable control (“Force Majeure Event”).

6.            Valuation, Damage and Precious Metals, Gemstones, and Non-Precious Metals

6.1           IMPORTANT: Barnsley Jewellers and Pawnbrokers purchases Valuables primarily for the purposes of refining, not for resale.  As Barnsley Jewellers and Pawnbrokers melt and refine the majority of the Valuables, the appraised price is subject to its weight and carat and not a resale value of the jewellery. The prices we offer will reflect this and may be lower than the price received if resold.  By sending us your jewellery you accept the above implications of the valuation process.

6.2           You accept that the process of appraisal of your Valuables may result in tarnishing, staining and/or scratches.

6.3           Barnsley Jewellers and Pawnbrokers will not value precious or semi precious gemstones that are smaller than half a carat, so we recommend you remove these from any Valuables you intend to send us. In the event of loss or damage to these gemstones, Barnsley Jewellers and Pawnbrokers will not be held legally responsible.

6.4           At the sole option of Barnsley Jewellers and Pawnbrokers any jewellery received by us that does not contain precious metals, may be returned to you uninsured via recorded delivery no more than 21 days after its assessment, as Barnsley Jewellers and Pawnbrokers only accepts precious metals.  Notwithstanding this, Barnsley Jewellers and Pawnbrokers reserves the right to destroy any non-precious metals received whether it is part of or the whole of the item received.

6.5 Barnsley Jewellers and Pawnbrokers does not accept boxes or packaging and will not be liable to keep or return any boxes, bags, or packaging which may be sent with valuables.

7.            Transaction Process and Payment, and Business Hours

7.1           Upon receipt of your Valuables, Barnsley Jewellers and Pawnbrokers will assess your valuables and send to You through the post a letter, plus a cheque containing our valuation price plus VAT. (the “Letter”) no more than 1 (one) working day (24 hours) from its valuation. The date written on the cheque refers to its issue date.

7.2           Packages are only delivered to Barnsley Jewellers and Pawnbrokers on working days, which excludes public and bank holidays. On an instance where the 1 (one) working day begins from a Friday, or the day before a bank holiday, your Valuables will be processed and your payment issued the next business day to follow. ‘1 (one) working day’ accounts for the limit in which we will post the items, not the time taken for them to reach you.

8.            Cancellation, Material Return and Insurance Liability Limitation

8.1           If you are unhappy with our offer and want your Valuables returned, you must notify us by phone or email within 10 (ten) days of the issue date of the Letter (the “Notification”) and return the cheque to us within a further 7 (seven) days of the Notification alternatively you can return the cheque to us so that we receive it within 10 (ten) days of the issue date of the Letter.

8.2           The Valuables will be returned at Barnsley Jewellers and Pawnbrokers’s expense no more than 21 days after we have received our payment back by You returning the cheque to us as set out in condition 8.1 above.

8.3          If the valuables received by Barnsley Jewellers and Pawnbrokers are found to contain no precious metals or are deemed to have no value to US, then You will incur an administration fee of £10 payable by cheque to Barnsley Jewellers and Pawnbrokers in order for Us to return your items.

8.4           Failure to notify us and/or return the cheque within the prescribed time as set out in condition 8.1 above may result in the processing of your Valuables and once processed the Valuables cannot be recovered and we shall have no further liability to you

8.5           On return to You of the Valuables, the Valuables will automatically be limited to an insurance value of no more than its valuation. Any increase of insurance value that you request must be paid for by you, after sending us notification before the return of shipment. Unless stated by you in the above circumstances, Barnsley Jewellers and Pawnbrokers has the right to choose the return carrier, method of delivery verification and insurance for each transaction being returned.

8.6           If a cheque has been cashed or deposited, the sale of your Valuables can not be cancelled. By cashing/depositing our cheque, you agree to the above statement

9.            Ownership and Risk

9.1           Ownership and risk of the Valuables will only pass to us once the cheque has been received by you.

10.          Claims Procedures

If the situation arose where you want to issue a claim, please send full details of your claim with all supporting evidence to either Barnsley Jewellers and Pawnbrokers, Complaints Department, 21 Victoria Street, Crewe, CW1 2HF or customersupport@Barnsley Jewellers and Pawnbrokers.co.uk. On receipt of your claim, should there be any irregularities found and/or missing proof that the items were mailed to Barnsley Jewellers and Pawnbrokers, the claim will be denied. Ensure the above precautions are carried out in order for a claim to be approved.

11.          Use of this Website

11.1        Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).  We will not be liable if for any reason our site is unavailable at any time or for any period.

11.2        We are the owner or the licensee of all intellectual property rights in our site, and the material published on it.  Those works are protected by copyright laws and treaties around the world.  All rights are reserved.

11.3        You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text.  You must not use any part or material on our site for commercial purposes without obtaining a licence to do so from us or our licensors.  If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.4        You warrant and represent to us that:

11.4.1   you will not use this site to send, knowingly receive, upload, download, use or re-use any material unconnected to the purpose of the site;

11.4.2   you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

11.4.3   you will not impersonate any person or entity, provide faults or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

11.4.4   you will not access without authority, interfere with, or damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

11.5        Where our site contains links to other sites and resources by third parties or displays adverts of third parties, these are provided for information only,  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12.          Indemnification

You agree to not hold Barnsley Jewellers and Pawnbrokers responsible for any/all liability, claim, losses, cost and legal fees (paid in arrears) which is a direct or indirect result of any kind of violation of these terms and conditions. This includes claims by third parties. You also permit that You will completely defend and cover Barnsley Jewellers and Pawnbrokers, and its lawful successors from any adverse claim, and not hold any of the previously mentioned parties responsible.

13.          Choice of Law, Waiver, and Claims

Regardless of its conflict of law provisions, these terms and conditions will be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. Barnsley Jewellers and Pawnbrokers’s failure to put any right or condition of the terms and conditions into effect, will not be deemed as ignoring such right or condition. If any condition of the terms and conditions is found by a court of law to be invalid, the parties agree nonetheless that the court should try to give effect to the parties’ intentions as reflected in such condition and the other conditions of the terms and conditions still completely and effectively apply. You agree that without regard to any statute law to the contrary, any claim or cause of action arising out of or related to use of the services offered by Barnsley Jewellers and Pawnbrokers must be filed in less than one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the United Kingdom. Barnsley Jewellers and Pawnbrokers shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in jurisdiction outside of England and Wales, including but not limited to legal fees acquired by Barnsley Jewellers and Pawnbrokers.

14.          Change of Terms and Conditions

Barnsley Jewellers and Pawnbrokers is entitled to change or amend these terms and conditions at our sole discretion. We recommend that you visit the website Barnsley Jewellers and Pawnbrokers.co.uk occasionally to ensure You have an up to date understanding of these terms and conditions.