These terms and conditions of sale (“Sales Terms”) apply between:
(1) The individual(s) or entity requesting the provision of Services (“you”, “your”, etc.); and
(2) diecastgems.com, owned and operated by Phil Silvester, Mullins, Westhay, Hawkchurch, Axminster, Devon EX13 5XQ (“we, “us”, “our”, etc.).
1.1 These Sales Terms form a legally-binding contract between you and us (“Contract”) and should be read alongside our Privacy Notice and Cookies Policy which, together, govern your use of and access to our website available at diecastgems.com (the “Site”) and any additional or related services that we may provide. Each purchase of an item through the Site shall form a separate legally-binding contract between us.
1.2 The headings included throughout these Sales Terms have been included for your convenience, although they are not intended to be binding.
In these Sales Terms, the following words and expressions shall have the following meanings:
“Sale Item” has the meaning given to it in paragraph 3.1.
“Services” means the services as provided by us, from time to time.
“Site” has the meaning given to it in paragraph 1.1.
3. Provision of the Services
3.1. Through the Site, you can purchase die cast toys, collectables and related items (referred to as “Sale Items” or a single “Sale Item”); paragraph 4 confirms how the order process works with paragraph 5 outlining your various rights as a consumer; please read these carefully as they apply to any purchase that you make from us.
3.2 Any order placed will remain subject to acceptance before a contract of sale comes into effect between you and us.
4. Ordering Sale Items from Us
4.1. Placing an Order
4.1.1. When you place an order through the Site, you will have indicated your intention, and made an offer, to buy Sale Item(s) at the prices quoted on the Site.
4.1.2. We will acknowledge your order via an acknowledgement e-mail but this does not constitute acceptance of your order at that stage. This is because we need to ensure those Sale Items remain available in stock or that we will be able to dispatch them to you in the timeframe required; we will also need to check that we can accept payment from your debit or credit card, or other payment method.
4.1.3. Any payment that is processed will be held by us, or by our payment provider, pending acceptance of your order. We may choose not to accept your order (including for one of the above reasons), in which case you will be notified of this and, in most cases, invited to place another order or to change your requirements. In the event that your order is not completed, we will refund the payment made on to the debit or credit card used at the time the order was placed.
4.1.4. Acceptance of your order, and completion of the contract of sale between you and us, only takes place when we have dispatched the Sale Item(s) to the delivery address that you have specified. The dispatch of each Sale Item will constitute a separate contract. Without affecting your consumer rights, to withdraw from the Contract you can cancel your order at no cost at any time before we have dispatched the relevant Sale Item.
4.2. Description and Nature Sale Items
4.2.1. The appearance, size and colour of certain Products may differ slightly from the actual appearance, size or colour as a result of screen definitions, settings and photography techniques.
4.2.2. Certain Sale Items may be represented at a larger size than their actual size to highlight detail; dimensions may be requested, if confirmation required.
4.2.3. You agree not to reject any item or deem them not to be of satisfactory quality, on the basis set out above.
4.3. Pricing and Availability
4.3.1. Whilst we try to ensure that all pricing information appearing on our Site is accurate, errors do sometimes occur. If we discover an error in the price of any Sale Item that you have ordered we will notify you of this as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. Where you cancel after having paid for the item(s), we will provide a full refund.
4.3.2. In circumstances where any information provided contains errors or is out-of-date, we may correct such errors, inaccuracies or omissions without the need to give you prior notice of such changes. We shall be entitled to refuse to meet or fulfil any order based on inaccurate information, to include without limitation, errors, inaccuracies or out-of-date information concerning price, payment terms, availability or delivery.
4.3.3. We try to ensure that any means of payment used is not subject to unauthorised use and therefore you give us your consent to validation checks being made, including the validation of personal information supplied against records contained within third party databases. Any information submitted will only be used for such verification and will not be used for any other purpose. Please refer to our Privacy Notice in relation to how we collect and use your personal information.
4.4.1. Any reference to delivery times are only an indication of the intended date and time for delivery of Sale Items ordered, but they are not, and you accept that they are not intended to be, a guarantee that your order will be delivered on or before a particular date or time. You accept that you have not relied upon any stated delivery information at the time of placing an order with us.
4.4.2. Delivery charges will be specified when placing an order; any timescales for delivery are approximate only and you accept that we cannot be held liable for any losses or disappointment caused by such delay.
4.4.3. Risk in Sale Items ordered passes to you at the time of delivery or the time of first attempted delivery; title to those items will pass to you at the time of actual delivery, subject to us having received payment of all sums due to us, including VAT and any applicable delivery charges, in full.
4.5. Orders for delivery outside of the EU
4.5.1. When ordering items for delivery outside of the European Union (EU), marked ‘For Sale’ through our Site, you may be subject to import duties and taxes, in addition to the price of the item(s), as a result of levies imposed by the relevant authorities where the items are intended to be received, or as part of their transit to that destination.
4.5.2. All additional charges, duties and taxes must be paid by you. We do not have any control over the imposition of such charges and the responsibility for receiving any goods ordered lies with you; the relevant authorities will consider you to be the importer of record and accordingly you must comply with all applicable laws and regulations; the policies of different countries and territories can vary widely and therefore we recommend that you contact your local customs office for additional information. Items received by you may also be subject to inspection, which may include the opening of secure packaging by the relevant authorities or customs officials.
4.6. Inspection and Acceptance of Sales Items Received
You undertake to inspect all items purchased as soon as possible after receipt, to ensure that they conform with the order placed and, if not, will notify us as soon as possible in writing and in any event within 7 days of receipt of the Sale Item(s) so that we may take steps to rectify any genuine problems; however, these obligations shall not preclude any of your other rights, where applicable, under the Contract or in respect of your consumer rights. In relation to any Sale Item(s) subject to return, title and risk in those goods remains with you until they have been received, in the condition specified within our returns policy.
4.7. Returns and Exchange Policy
4.7.1. If you simply change your mind about an order, you should Contact Us as soon as possible with your order details; provided we receive your cancellation before we have dispatched your item, we will be able to quickly refund the price paid, or alternatively arrange an exchange for you. If the item has already been dispatched, you will need to follow our returns process.
4.7.2. A cash refund will be made to the payment card that was used to place the order; where the item was purchased as a gift, the refund will not therefore go to the recipient of the gift; they will need to make arrangements with the original purchaser; alternatively, we are happy to arrange an exchange of the item, subject to our exchange policy, where the exchanged item is for a price equal to or higher than the original item.
5. Consumer Protection; provision of information
5.1. We are required to provide you with certain pre-determined information, under consumer law. As the nature of your intended purchase of Sale Items is a distance contract, i.e. where we are not face-to-face, and given the fact you wish to make a purchase from our Site, we take it that you are content to be provided with that information electronically, as opposed to on paper or on another durable medium.
5.2. If, however, you would like to receive that information in a durable form, or if you consider that we have not fully provided you with the necessary information, you should not proceed with the purchase until you are satisfied that we have provided you with all relevant information; please therefore contact us if you would like this information in a different form or if you think that anything we should have confirmed has not been provided.
5.3. You are entitled to exercise certain cancellation rights, provided the Sale Items to be supplied by us are not bespoke or personalised to your specific requirements.
5.4. You have a right to cancel this contract and change your mind about your purchase without having to give a reason. If you consider the Sale Items to be defective, you have separate rights – please see below under the heading “Your Right to Reject”, to include the fact that the condition of vintage and older items will naturally reflect their age and will not, solely for these reasons, be capable of being defective.
5.5. You have a right to cancel your order within 14 days from the day after you receive all of the Sale Items as you have ordered, or someone receives them on your behalf (this does not include receipt by any delivery company that we may use). Following any notice of cancellation, you agree to send back the Sale Item(s) or return them to our address without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the Sale Item(s) before the period of 14 days has expired.
5.6. If you do wish to cancel, you can do so by making a clear statement that you wish to cancel; to allow us to deal with this effectively, our preference is for this to be in writing; by letter or an e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. There is a standard form of notice that you can use, but you do not have to. We have set this out below, for your reference:
To: Diecast Gems
Mullins, Westhay, Hawkchurch, Axminster, Devon EX13 5XQ
E-mail [email protected]
I/We* hereby give notice that I/we* cancel my/our*contract for the supply of the following items:
Ordered on*/received on* ………………………………….[date]
Name of consumer(s): ……………………………………………
Address of consumer(s) ……………………………………………………………………………………………
Signature of consumer(s) …………………………………………………………………………………………..
(only if this form is notified on paper).
(*Delete as applicable)
Effects of Cancellation
5.7. If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery to you (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), subject to paragraphs 5.8 and 5.9. Returns must be sent complete and with all original boxes and packaging.
5.8. We may make a deduction from the reimbursement for loss in value of the Sale Item(s) supplied, if the loss is the result of unnecessary handling by you or, subject to paragraph 5.9, as a result of damage which we are unable to attribute to the carrier, upon receipt of those Sale Item(s).
5.9. It is your responsibility to check the condition of any Sale Item(s), once received, and if you consider them to have been damaged or if parts are missing, you must (prior to opening any package received) obtain photographic evidence of the condition of receipt, providing copies to us as soon as possible and, in any event, within 7 days of delivery; we will then consider your damage claim and, if accepted, this will not affect any refund then due.
5.10. We will make the reimbursement without undue delay, and not later than either 14 days after the day we receive any items supplied back from you, or (if earlier) 14 days after the day you provide evidence that you have returned the items, or if there were no items supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
5.11. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in writing; in any event, you will not incur any fees as a result of the reimbursement.
5.12. Any return of Sale Items must be to our usual address, as specified within information that we have provided to you, or as shown on our Site, unless we provide an alternative address for this purpose.
Your Right to Reject
5.12. We acknowledge your short-term right to reject Sale Items where these do not meet the terms agreed or any implied terms under applicable law; these are commonly known as statutory rights, which remain unaffected by anything in these Sale Terms, and include our obligation to supply items that meet their description, are of satisfactory quality and are fit for purpose, taking account of their age and the nature of the items in question, as applicable.
5.13. You can exercise this right by indicating to us, in any way that is clear enough to be understood, that you are rejecting those Products and treating the contract as at an end, at any time within 30 days from the day on which you receive the last of any ordered Sale Items. You must either return the Sale Items to us or make them available for us to collect and once received we will then promptly arrange a refund.
5.14. The effects of rejection will be the same as those under cancellation, except that we will bear the reasonable costs associated with any return, where your rights to reject have been validly exercised.
6. General provisions
6.1. The Contract incorporating these Sales Terms represent the entire agreement and understanding between you and us in relation to the subject matter which they cover.
6.2. The Contract sets out the entire agreement and understanding between you and us in relation to the sale and purchase of any Sale Item and your use of the Site and supersede all prior representations, understandings and agreements of whatever nature between you and us.
6.4. No variation may be made to the Contract, unless confirmed in writing and agreed by you and us; any waiver of any provision contained in the Contract shall only be effective if made in writing and shall not be deemed to be a waiver of any subsequent breach or non-compliance.
6.5. Nothing in the Contract will limit or exclude our liability for fraud, death or personal injury caused by our negligence, or for fraudulent misrepresentation.
6.6. Subject to the above, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by applicable law; for the avoidance of doubt this paragraph 6 shall not operate to exclude or restrict liability for breach of any obligation arising from the Supply of Goods and Services Act 1982 or, if deemed to apply, the Sale of Goods Act 1979, as against you where you are dealing as a “consumer” (as such term is understood by section 12 of the Unfair Contract Terms Act 1977) and/or pursuant to the Consumer Rights Act 2015.
6.8. We shall not be responsible to you for any losses that you may incur where these were not, at the time of the Contract, a foreseeable consequence of our breach; in other words if either of us would not have contemplated those losses at the time you accessed the Site or requested any Services.
6.9. In all cases, you accept that our maximum financial liability, save as excluded under paragraph 6.5, shall be the greater of £100 and the aggregate of all sums paid to us in the preceding 12 (twelve) months.
6.10. If any provision, or part of a provision, of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially invalid or unenforceable, then to the extent that it is considered invalid or unenforceable, it shall be deemed not to form part of the Contract, but the remainder of the Contract shall remain in full force and be construed with such changes as are necessary to make it valid.
6.11. If there is any discrepancy between these Sales Terms, the Contract and any other terms purported to apply as between you and us, these terms shall prevail.
6.12. We may assign, transfer or otherwise deal with the Contract as we wish, save that we would confirm the identity of any assignee.
6.13. Apart from any valid assignee, a person who is not a party to the Contract will have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms but this shall not affect any right or remedy of a third party which exists or is available apart from under that act; the parties acknowledge that their relationship is not one of agency, partnership, joint venture or similar.
6.14. The construction, validity and performance of the Contract will be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes under them or it, to include non-contractual disputes or claims.
7. Contacting Us
7.1. You can contact us via our website at: diecastgems.com
7.2. Any notice to be given to any party under a Contract shall be in writing and may be served by hand or by pre-paid first class post, addressed to the last known address of the addressee or via e-mail.
7.3. Communications shall be deemed to have been received, where delivered by hand or sent via e-mail, on the date that the communication was left at the relevant address or sent, and if posted, on the second day (excluding weekends and public holidays) after the date that the communication was given to the postal authorities.
Last Updated on: 4 February 2020