Vintage Seekers

Website Terms and Conditions

Last updated 5th October 2010

These are the terms and conditions for the website vintageseekers.com (the “Website”).
Please read these terms and conditions carefully. By registering with us, purchasing products from us, or otherwise using this Website, you are agreeing to be legally bound by these terms and conditions, our Privacy Policy, our Returns Policy and any other terms and conditions, policies, rules and / or guidelines posted on the Website, each as updated and / or amended by us from time to time (the “Terms”).

Vintage Seekers reserves the right to update or amend these Terms at any time. If Vintage Seekers amends these Terms, Vintage Seekers will publish the amended Terms on the Website. The amended Terms will take effect from the time they are first published on the Website, and from then on will govern the relationship between Vintage Seekers and you. Unless expressly provided in writing, however, such amendments will not apply to any product orders made before the publication of such amendments (“Pre-Amendment Arrangements”). All such Pre-Amendment Arrangements shall remain binding and otherwise subject to these Terms in their unamended form. If you do not agree with the Terms as amended from time to time, you must not continue to use the Website.

Please print and keep a paper copy and / or retain an electronic copy of these Terms now and each time they are amended for your records.

Provision of Services

• The Website is operated by and the property of Vintage Seekers Limited (“Vintage Seekers” or “we”, “us”, “our”). Vintage Seekers is a company incorporated in the United Kingdom with company number 06524083 and a registered office at 5 Southampton Place, London WC1A 2DA.
• The Website allows you to browse, review, access and / or purchase products offered by Vintage Seekers.
• Any and all orders made to purchase products or services listed on the Website or accessible through it are subject to these Terms.

Accounts

• To use certain features of the Website, you may need to set up an account (including setting up a username and password).
• You are responsible for keeping your username and password confidential and should not disclose your username or password to any third party or let any other person use your account.
• You are responsible for your account and for all use of it and any activities that occur using your username, password or other account information.
• All emails and other communications sent by Vintage Seekers are intended for and should be read by the addressee only.

Orders

• By submitting an order to purchase products and / or services from Vintage Seekers you acknowledge that you are offering to enter into a binding contract to purchase those products and / or services for the price shown on the Website (together with any additional delivery charges) with Vintage Seekers.
• Vintage Seekers cannot guarantee that a particular product or service will always be available. We will notify you as soon as possible if for whatever reason a product or service for which you have placed an order is unavailable. In these circumstances, Vintage Seekers will re-credit your account with any sum debited from your credit / debit card (or other method of payment used by you in respect of that product or service) and will notify you by email at the address given by you in your order. The refund will be made as soon as possible. Vintage Seekers will not be obliged to offer any additional compensation.
• After you have submitted your order we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not mean that Vintage Seekers has accepted your order or that we will be able to meet your order.
• Once we have sent the confirmation email we will then check the order. If Vintage Seekers accepts the order we will contact you with a further email stating that it is accepted. Once you receive this email then a binding contract will exist between Vintage Seekers and you. Vintage Seekers will then dispatch the product or provide the service you have ordered.
• Following acceptance of an order, Vintage Seekers may cancel a sale and not supply the product or the service if it is reasonable to do so and may change or discontinue the availability of any products or services at any time at its sole discretion. Vintage Seekers will refund any sums paid as soon as possible. Vintage Seekers will not be obliged to offer any additional compensation.

Price and Payment

• Purchase prices are quoted and payable in the currency and amount stated on the Website for the relevant product or service. Because exchange rates fluctuate, we strongly recommend that you check the current applicable exchange rate in relation to any purchase you intend to make in any foreign currency before making any such purchase. You agree that you bear the risk associated with any exchange rate fluctuations and purchases that you make in foreign currencies.
• The purchase price stated on any order includes the delivery charge(s) determined according to the type of delivery. Such delivery charge(s) do not include any import duties, taxes, customs charges or similar fees applicable if products are to be delivered outside the UK (“Import Duties”). For the avoidance of doubt, you agree to be liable for all such Import Duties. You accept that Vintage Seekers has no control over such charges and has no liability in this regard. If arranging for products or services to be delivered outside the UK please check in advance if any charges may be applicable.
• Payment is required before the product or service is provided and is due from the moment any order is accepted.
• Payment may be made by credit card, debit card, direct bank transfer and by services such as, but not limited to, Sage Pay, Direct Ebanking or Paypal or any other payment mechanism which Vintage Seekers may approve from time to time at its absolute discretion.
• We aim to debit money from your account within three working days after receiving your order.
• Credit/debit card and other account details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet.
• Your credit / debit card company may also conduct security checks to confirm it is you making the order.
• All order details and invoices will be sent to the billing address stated in the order.
• If any product or service is listed with incorrect pricing or other information, due for example to typographical errors or an error on the part of our suppliers, Vintage Seekers shall have the right to refuse or cancel any orders placed for such products or services, whether or not the order has been confirmed and payment taken. If payment has already been taken for the purchase and your order is cancelled, Vintage Seekers shall immediately issue a credit or refund in the amount of any payment already made. Alternatively, and at its option, Vintage Seekers will give you the option of reconfirming your order at the correct price.

Delivery

• All products purchased by you shall be delivered to the billing address stated on the order. Without prejudice to any right to reject the products or services ordered or cancel the contract with us which you may have, ownership and risk in the products shall pass to you on delivery.
• Timing of deliveries will vary in accordance with circumstances including, but not limited to, the type of product purchased and the location to which the product is to be delivered. Products which are to be delivered to a mainland UK address will normally be delivered within 5 working days of receipt of full payment. Deliveries which require specialist delivery methods or shippers may take longer because delivery times will depend on the availability of such specialist shippers and their respective delivery timetables.
• Timing of deliveries to locations outside the UK will also depend upon, amongst other factors, location of delivery address and any customs or border formalities.
• We will use reasonable efforts to ensure that you are kept informed of the estimated delivery date for the products and / or services you have purchased.
• Estimated delivery dates are provided for guidance purposes only and Vintage Seekers accepts no liability for any loss incurred due to delivery being outside of the estimated times.

Cancellations and Returns

• You may cancel any order for a product at any time from when you order it up to the end of the seventh working day after the day on which you receive it provided that, if you cancel your order after we have dispatched the relevant product you must return it at your cost unused and in its original packaging (or in the case of second-hand products, in the same condition and packaging as at the time of delivery to you). If you need to return an item that we have delivered to you, you must contact Vintage Seekers at concierge@vintageseekers.com to arrange the return by an approved carrier and method (including appropriate insurance). Once Vintage Seekers has confirmed receipt of the product in the appropriate condition, Vintage Seekers shall, as soon as possible, refund or re-credit your account with any sum debited by us from your credit card or debit card or other method of payment in respect of that product. For further details on how to return a product, please read our Returns Policy.
• You may cancel any order for a service at any time prior to Vintage Seekers commencing the performance of the service or (if earlier) the end of the seventh working day after the day on which you receive confirmation that your order for the service has been accepted by Vintage Seekers. In that case please contact Vintage Seekers at concierge@vintageseekers.com and Vintage Seekers shall, as soon as possible, refund or re-credit your account with any sum debited by us from your credit card or debit card or other method of payment in respect of that service.

Your Responsibilities

• Because we are principally aiming the Website at the UK market we cannot guarantee that it accords with the laws of other countries. If you place an order from outside the UK, you are responsible for ensuring that your use of this Website and the purchase of any products and / or services by you over the Website is in accordance with all applicable local laws.
• The Website and all materials and services contained or made available in or through it are solely for your personal, non-commercial use.
• If you use the Website in breach of these Terms you will be responsible and liable for that breach and will reimburse us for any loss that you cause to us as a result.

Our Responsibilities

• We will provide our service with reasonable skill and care.
• We use reasonable efforts to ensure that product descriptions are accurate and not misleading. However, many of the products offered for sale on the Website are vintage products. This means that they are pre-owned. As a buyer of pre-owned products you acknowledge the associated risks involved in purchasing such products. In particular, and without prejudice to the above, while we use reasonable efforts to ensure that the condition, provenance, authenticity and other attributes of any pre-owned items are accurately described, you acknowledge and agree that, save as expressly stated by us in writing, pre-owned products sold over the site will be sold in a used condition reflecting their original build quality, age, history, use, provenance, wear and tear and other similar factors and do not come with any guarantee as to their age, authenticity, genuineness, attribution, provenance, origin, importance, rarity, value, historical reference or significance, period, culture or source. It is therefore important that you review all product descriptions carefully. While we promise that products sold over the Website will be of satisfactory quality, you acknowledge and accept that what constitutes satisfactory quality for vintage items is necessarily different from new items, and significantly conditioned by their description on the Website. In addition, where Vintage Seekers does mention damage or imperfections in relation to any product, while this will always be intended to give an accurate overall impression of the condition of the product, it may not include all faults, imperfections and restorations. In short, vintage items are not new items and you should only offer to purchase them with this in mind.
• Vintage Seekers does not advise on any product’s use or operation or any manufacturer’s guidelines. You are urged to use all products safely and in accordance with the manufacturer’s guidelines (though Vintage Seekers does not guarantee that such guidelines will be provided with any second-hand products).
• To the extent that Vintage Seekers is reasonably able to do so, we shall assign any warranty or guarantee supplied or offered with or accompanying any products provided to us by whomever we have purchased the products from.
• Any warranties we give under these Terms are enforceable against us for a period of one year from the date on which the product or service is purchased and you agree that, after such one year period, you will not be able to make a claim against us in respect of such warranties.
• We make no promise that the Website or its use will be uninterrupted or entirely error free. Because of the nature of the internet, the Website is provided on an “as is” and “as available” basis. We are not responsible or liable to you if you are unable to access the Website for any reason.
• Subject to the above provisions set out in this section entitled “Our Responsibilities”, you acknowledge and agree that Vintage Seekers hereby excludes all other express or implied warranties, conditions and / or representations relating to any product’s fitness for purpose and / or satisfactory quality to the fullest extent permitted by law.
• Nothing in these Terms shall exclude or limit Vintage Seekers’ liability for (a) death or personal injury resulting from Vintage Seekers’ negligence; (b) any Vintage Seekers fraud or fraudulent misrepresentation; (c) Vintage Seekers’ breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (d) or any other liability which cannot be excluded or limited by law.
• Vintage Seekers’ aggregate liability, whether in contract, in tort under statute or otherwise, under or in connection with the supply of a product or service shall be limited to an amount equal to the total purchase price or service charge paid for that product or service (as applicable).
• Vintage Seekers shall not be liable to you, whether in contract, in tort, under any statute or otherwise for or in respect of any damages for loss of profit, revenue, business, goodwill, whether direct, indirect or consequential, or for exemplary, special, incidental, incidental or punitive damages or for any indirect or consequential losses of whatever nature.
• To the fullest extent permitted by applicable law, Vintage Seekers excludes all liability in relation to:
o any incorrect or inaccurate information on the Website;
o any interruptions to or delays in updating the Website;
o any third party’s product or service description or guidance available on the Website and any representations made by third party suppliers in connection with such description or guidance or otherwise;
o any loss or damage resulting from your use or the inability to use the Website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
o any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or from transmissions via emails or attachments received from Vintage Seekers or its, licensees and affiliates;
o the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (”External Sites”) to which theWebsite links and web sites located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web sites or transactions.

Intellectual Property Rights

• Vintage Seekers does not grant you any right or interest in any copyright or other intellectual property rights in any product or materials made available, advertised, marketed or sold through the Website nor the right to use or copy them.
• The copyright, trade marks and other intellectual property rights in the Website and the content of all the underlying or related software, materials and pages relating to the Website is owned by, or licensed to, Vintage Seekers, and may not be used, copied or altered except as expressly stated below.
• Copyright referred to above extends to the design, look and feel of the Website, all rights in text, html code, metadata, and photographs on it and all related marketing materials.
• You may view, copy and print portions of the Website for the sole purpose of reviewing or browsing products or services, placing orders or retaining a hard copy of the Terms. The materials on the Website may not be used for any other purpose.
• Vintage Seekers and our logos and the names or marks of our licensors are trade names or trade marks of Vintage Seekers / its licensors and may not be used by you without express permission.

General

• By using the Website you represent and warrant that you are not a “minor” acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms.
• Vintage Seekers acts as principal on its own account and not as agent for you or any other person.
• Vintage Seekers shall not be liable to you for failure to comply with the obligations under these Terms to the extent that such failure is caused by any matter outside the control of Vintage Seekers including without limitation war, armed conflict or terrorism, fire, explosion, lightning, storm or Act of God, any failure or shortage of power fuel or transport, any blockade or embargo or strike.
• In the event that any part of these terms is held to be unenforceable, such part will be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
• These Terms (which, for the avoidance of doubt, include our Privacy Policy, our Returns Policy and any other terms and conditions, policies, rules and / or guidelines posted on the Website, each as updated and / or amended by us from time to time) constitute the full agreement between you and Vintage Seekers and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
• These Terms are personal to you and you may not transfer your rights and obligations under them to anyone else. You agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms providing: such transfer does not affect the standard of any service you receive under these Terms; and in the case of transfer, after we notify you of the date of transfer, your only rights under or in connection with these Terms will be against the entity to which we have transferred our rights and obligations.
• Nothing in these Terms shall affect your statutory rights as a consumer.
• Use of the Website and these Terms are subject to the laws of England and the exclusive jurisdiction of the English Courts.

Additional Terms

• From time to time Vintage Seekers may ask you to agree to further terms and conditions relating to additional services that Vintage Seekers may make available through the Website, for example in relation to entering into competitions or purchasing certain types of products or services from Vintage Seekers. In such circumstances, these Terms will continue to apply save that, in the event of any conflict between them and any terms and conditions relating to such additional services, the terms and conditions relating to the additional services shall prevail.

Contacting Us

• Please click here to see how you can contact us.
 

Vintage Seekers Website Terms and Conditions