The Terms and Conditions of the Service

 

This Agreement is made between Vintage Cash Cow and you, the Customer, accepting it. You must accept the terms and conditions of this Agreement before using the Services or accessing the Website, and your continued use of the Services and Website is conditional on your acceptance of and compliance with these terms.

1.           Definitions

1. In this agreement (the “Agreement”), the following words will have the following meanings:

“Appraise” means the performance by Vintage Cash Cow of an assessment of an Item, which shall take into account the condition and likely market value of that Item, which shall result in Vintage Cash Cow deciding either to make an Offer or to Reject that Item. “Appraisal” shall be interpreted accordingly.

“Contract” means a legally binding agreement between you and us for the purchase of your Items for the price set out in the Offer communicated to you.

“Customer” or “you/your” means an individual using the Services.

“Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; or any labour or trade dispute, strikes, industrial action or lockouts.

“Free Selling Pack” means the pack of items enabling a User to send in Items for Appraisal which are sent out in the post following the submission of a request on the Website.

“Item” means an item or group of items you choose to send to us that you wish to sell to us in accordance with this Agreement. “Items” shall be interpreted accordingly.

“Offer” means a proposal for a price we will pay in respect of Items.

“Parcel” means an individual package of Items that you send to us.

“Reject” means the decision by Vintage Cash Cow to decline to enter into arrangements to purchase an Item from you, by way of declining to perform an Appraisal in respect of that Item, declining to provide a price in respect of that Item subsequent to an Appraisal, or otherwise as set out in this Agreement. Terms such as “Rejection” shall be interpreted accordingly.

“Services” means the service provided by Vintage Cash Cow as described on the Website.

“User” means a person accessing the Website, whether as a guest or as a Customer.

“Vintage Cash Cow” or “we/us/our” means Vintage Trading Solutions Ltd, a company registered in England and Wales with company number 03862799, whose registered address is 20-22 Bridge End, Leeds, LS2 4DJ, who are trading under the name Vintage Cash Cow.

“Website” means vintagecashcow.co.uk and also includes any other web-services or mobile applications on which you may sell your Items to us;

 

2. These Terms

1. We may vary this Agreement from time to time (in accordance with clause 14.8). You agree to check the terms of this Agreement each time that you use the Services in order to ensure that you are familiar with the version then in force. We recommend that you retain a copy of this Agreement for your records.

2. This Agreement governs our relationship with Customers who are consumers acting as private individuals and not charity shops, businesses, or other similar commercial or non-commercial organisations.

3. By using our Services, you confirm that:

1. you are legally capable of entering into binding contracts;

2. you are the legal owner (or have the permission of the legal owner to freely dispose of) all Items that you send to us;

3. you are at least 18 years of age or, if you are under 18 years of age, have obtained a parent’s or guardian’s consent to send Items to us;

4. you are based in the UK; and

5. you are accessing the Website from the UK.

4. If we find upon inspection of any Item that you have sent that it has been registered or reported lost or stolen, or we believe any Item you have sent to us could be counterfeit we will notify you by email and quarantine the Item whilst we contact the relevant authorities.

5. You may only create one account per person. You agree that we shall be entitled to delete or terminate any account immediately and without notice if we consider that it is being operated by any User that is operating more than one account. In such circumstances we reserve the right to withdraw all outstanding offers to purchase Items received from that Customer (via any account which we consider was used by that Customer) and reject your goods in line with clause 7.3.

6. The terms of our Privacy Policy can be found at https://www.vintagecashcow.co.uk/privacy-policy are incorporated into this Agreement by reference and apply to your use of the Website. You can review our Privacy Policy at any time when using our Website. You acknowledge that we will process your Personal Data on the basis set out in our Privacy Policy.

7. Please note that when you call us, or when we call you, your call may be recorded for training and monitoring purposes. We will record such calls and retain any recordings in line with our Privacy Policy.

 

3. Items that we accept.

1. We will Appraise Items which fall into the following categories (each an ‘Acceptable Category’ and together the ‘Acceptable Categories’):

1. Jewellery

2. Watches, Clocks & Timepieces

3. Medals & Militaria

4. Old Currency

5. Silver and Silver Plate

6. Gold and Gold Plate

7. Masonic Regalia

8. Writing Instruments

9. Cameras (Excluding digital)

10. Sunglasses

11. Pewter

12. Brass

2. If you want to send a Parcel containing fewer than ten (10) Items please contact customer services first by emailing us at [email protected].

3. If your Parcel contains fewer than ten (10) Items that fall into one of the Acceptable Categories listed at 3.1, we reserve the right to Reject the entire Parcel.

4. We may, at our sole discretion, Appraise any Items that we receive that do not fall into one of the Acceptable Categories listed at 3.1. Where we receive such Items we reserve the right to include them in the Parcel that we Appraise, or to consider them as separate to the Parcel and return them to you.

5. We reserve the right to charge £13 per box to return Items that do not fall under an Acceptable Category. This fee is charged to cover our administrative costs of returning such Items. Where we determine this fee is to be charged, we will inform you in writing and provide you with bank details for you to transfer the fee. If you do not transfer the fee to us within 28 days of our giving you notice to do so, the relevant Items will be deemed abandoned and we will seek to dispose of them at our discretion.

 

4. Items that we do not accept.

1. We will not Appraise Items which fall into the following categories (each a ‘Restricted Category’ and together the ‘Restricted Categories’):

1. Clothing

2. Furniture

3. Printed media including books, comics and magazines

4. Fur, Taxidermy or objects made from material made from endangered animals or the inhumane treatment of animals

5. Modern Electronics from 1990 onwards

6. Mobile Phones

7. Firearms

8. Modern Children's Toys

9. Records, tapes, CDs ,DVDs, vinyl’s, video games, digital cameras

10. Stamps and First Day Covers

11. Stainless Steel

12. Coins when sent alone with no other Items and with a weight of under 5KG

13. Anything that can be classified as easily breakable including but not limited to Crockery, China, Crystal, Glass, Porcelain, Ceramics, onyx, slate, marble and other delicate items.

2. Any Item sent that fits in to the Restricted Category list as set out in clause 4.1 is not insured and will invalidate the insurance of the entire Parcel even if the other Items are from an Acceptable Category. Vintage Cash Cow cannot be held liable for any missing or damaged Item that falls under a Restricted Category or is sent to us in a Parcel which also contains any Item which falls under a Restricted Category.

 

5. Sending your Items to us.

1. There are two ways to send your Items to us:

1. Post Office:

1. To use a Post Office drop off to send us your Items you must affix one of the pre-paid postage labels and one of the customer details labels you receive in your Free Selling Pack to the Parcel.

2. Your pre-paid postage label has a tracking number below the bar code which you should take a photo of.

3. With both labels affixed, take your Parcel into a Royal Mail Post Office.

4. It is recommended that you ask for a receipt which will also contain the tracking number. You will only be able to make a claim in the event of a lost Parcel if you have the tracking number.

2. Home collection:

1. To use a home collection to send us your Items you must book a collection slot via our Website or contact our team by telephone, email or social channel inbox.

2. When your collection is booked a driver will be scheduled to collect your Parcel(s).

3. The driver will bring pre-paid postage labels with them and affix them to your Parcel(s). For the avoidance of doubt, you do not need to affix the pre-paid postage label from the Free Selling Pack. The labels are already linked to your account and we have a copy of the tracking number.

4. You should keep a record of the tracking number from the labels the driver brings. It is your responsibility to ensure that the driver puts the label on in your presence. Only when a label was affixed in your presence and you have the tracking number will your box be covered if lost or damaged.

2. You agree that Vintage Cash Cow may place restrictions on the type, size, or weight of Items that you may send using the pre-paid label provided to you. The weight must not exceed 30kg. The size of the Parcel must not exceed the absolute maximum size of 3 meters length and girth combined with a maximum length of 1meter. This is calculated as the depth x 2 + The width x 2 + the length.

3. Vintage Cash Cow accepts no liability for Items which are damaged during postage as a result of being poorly or insufficiently packaged, or which you send in contravention of instructions received from us. Please ensure that you package all Items that you send to us carefully as we will only Appraise Items on an ‘as is’ basis. For guidance on how to package your Parcel, please visit ParcelForce’s website: https://www.parcelforce.com/help-and-advice/sending/packaging-guidelines.

4. Please note that each Parcel is insured up to a maximum value of £300. If you believe that the Items that you wish to send in a Parcel are worth more than £300 then please      review our Insurance Policy for how to increase your insurance level and how to make a claim for insurance.

5. We provide pre-paid postage labels in the Free Selling Pack or when we send a driver for a home collection. We will not reimburse you the costs of using any alternative postage or carrier.

6. If your Parcel is lost in transit, please follow our complaints procedure set out in clause 13.

6. Appraisals and Offers

1. After confirming receipt of your Parcel we will Appraise your Items within fourteen days and give you a call with the outcome. If we can’t reach you directly, we’ll send an e-mail or an SMS.

2. If, subsequent to our Appraisal, we choose to make an Offer, your Offer will be valid for 28 days. If we have been unable to reach you by telephone, or if you have not responded to our Email or SMS by 7 days, we may send you a letter to request that you call us regarding your Offer.

3. You will be deemed to have accepted the Offer if at any time during that 28 day period you notify us that you wish to accept the Offer over a telephone call or by responding to our SMS or Email.

4. If you do not respond within 28 days of us making an Offer, your Items will be deemed abandoned and we will seek to dispose of the Items at our discretion. You accept and agree that we are not liable in any way whatsoever for any loss of any kind, direct or indirect which you may suffer as a result of your failure to act within the 28 day period and accept or decline the Offer.

5. If your Offer has been deemed abandoned by virtue of clause 6.4 and you contact us after 28 days we may no longer have your Items in our possession.

6. Neither title to, nor risk in, the Items shall pass to Vintage Cash Cow until a Contract for purchase of those Items has been concluded as set out in clause 6.3 or the Items deemed abandoned by virtue of clause 6.4. You accept that you will remain liable for all loss or damage to your Items until that time.

7. If you accept an Offer by virtue of clause 6.3 you are creating a binding legal Contract between you and Vintage Cash Cow in respect of the Items set out in the Offer. All ownership of and title to your Items will pass to Vintage Cash Cow and in return for the Items you will receive the sum detailed in the relevant Offer.

8. If you are not happy with an Offer for your Items, then you may decline that Offer by either telephone, SMS or email. If you do this, then your Items will be deemed to be Rejected, as set out in clause 7.

9. Payment for your Items will be made by Vintage Cash Cow as detailed in clause 10.

10. You have a right to cancel as explained in clause 8, but due to the nature of our business and how quick we aim to begin the sale of goods process, it is not usually possible for us to locate these and return them to you once you have confirmed acceptance of your Offer. Therefore confirming acceptance your Offer is final and will cause your cancellation rights to elapse.

7. Rejection of Goods

1. Vintage Cash Cow reserves the right to Reject any Item for any reason and shall not be obliged to provide any reason or justification for Rejection to you or any other User of the Website.

2. If after receiving your Items Vintage Cash Cow does not wish to Appraise them, or on concluding an Appraisal decides for any reason that it does not wish to purchase them, it will notify you by e-mail that your Items have been Rejected. Alternatively, if we do not Appraise your Items within 14 days of confirming receipt of them then they will be deemed to have been Rejected.

3. Where Vintage Cash Cow Rejects Items that you have sent then you will be notified by e-mail and the Items will be posted back to the address you registered with us on your account.

4. Where Vintage Cash Cow receives a group of Items from a Customer we may choose to Appraise certain Items and Reject others. Where this is the case and the Customer who sent the Items accepts the Appraisal, entering into Contracts for the sale of the specified Items, Vintage Cash Cow will arrange for return delivery of the Rejected Items at its own expense, subject to clause 3.5.

5. In the event that your Items are subsequently returned to us after a delivery is attempted, the Items will be held at our facility for a period of 28 days after which time the Items will be deemed abandoned and we will seek to dispose of them at our discretion.

6. In the event that your Parcel arrive with us without any of your details and we do not receive contact from you to verify ownership, we will hold the Items for no less than 28 days. After 28 days the Items will be deemed abandoned and we will seek to dispose of them at our discretion.

 

8. Your Cancellation Rights

1. You have a legal right to cancel any Contract that you make with us at any time, without giving any reason, within 14 days beginning on the day after that Contract with us is formed. This is called the “Cancellation Period”. However, please note that the Cancellation Period will end immediately at the point that we begin providing the Services to you.

2. As such, your right to cancel any Contract that you make with Vintage Cash Cow for the sale of the Items will end immediately at the point at which you confirm your acceptance of the Offer and funds are transferred from Vintage Cash Cow to you. Alternatively, if after sending Items to Vintage Cash Cow you decide that you do not wish us to Appraise them, then you may notify us in writing. Where you provide such notice your Items will be Rejected by Vintage Cash Cow in the method outline in clause 7.2.

3. Despite conditions 8.1 and 8.2 above, if you tell us you wish to cancel the Contract after we have begun providing the Services, but before we have begun processing your Items, we will make efforts to ensure your Contract is cancelled. We cannot guarantee this, however, and you must be aware that once you confirm acceptance of your Offer, conditions 8.1 and 8.2 will apply.

4. If you do wish to exercise your cancellation rights, please contact us and tell us in writing that you want to do so within the Cancellation Period by contacting us at [email protected].

 

9. Restrictions

1. You must not send us any Item which it would be illegal for you to post or sell, for our chosen carrier to handle, or which in our reasonable opinion it would be unlawful for us to store or purchase from you (including, without limitation, counterfeit or stolen Items, firearms and other offensive weapons, or hazardous chemicals). A list of restricted Items can be found on our postage partner's website at: https://www.parcelforce.com/help-and-advice/sending/prohibitions-and-restrictions.

2. By breaching clause 9.1, you may be committing an offence. Vintage Cash Cow has a number of legal obligations to comply with in respect of the carriage of Items, including but not limited to an obligation not to carry or accept for carriage Items that are deemed to be "Dangerous Goods" as defined in the Packaging and Labelling of Dangerous Substances Regulations 1984, the Classification, Packaging and Labelling Regulations 1983, the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 and the Carriage of Explosives by Road Regulations 1996. If we suspect you are in breach of clause 9.1, we will report you to the relevant authorities without notice.

3. You accept that, in the event that you breach clause 9.1 that Vintage Cash Cow shall be entitled to deal with any such Items received as it sees fit without making any payment to you (including reporting and delivering the relevant Items to the police without providing any notice to you) and shall be entitled to report such activity in full to the relevant authorities. Vintage Cash Cow has a zero tolerance policy on stolen goods and will report all Items that it suspects are stolen to the police.

4. You agree to pay Vintage Cash Cow for any loss or damage as a result of your breach of clause 9.1, including but not limited to any cost that Vintage Cash Cow may incur as a result of being caused to breach any of its statutory obligations as a result of receiving an unlawful Item from you.

5. You agree that Vintage Cash Cow, and its agents, shall have no liability to you for any loss or damage that you may suffer, nor for any criminal prosecution to which you may become subject, arising from your breach of clause 9.1.

6. You must not send Items to us for any reason other than for the purpose of an Appraisal. Vintage Cash Cow does not provide storage or any other service in relation to Items, and reserves the right to charge for any cost which it incurs in relation to your breach of this clause.

 

10. Payments to Customers

1. Payments to Customers who enter into Contracts will be made by bank transfer or by cheque. Unless otherwise stated on the Website or in a communication directed to you from Vintage Cash Cow, the choice of payment method will be determined by the Customer when they accept the Offer.

2. Where you enter into a Contract Vintage Cash Cow will make payment to you:

3. By making a bank transfer, using the details supplied by you via telephone or message, within 48 hours of accepting your offer to enter into a Contract; or

4. By dispatching a cheque to you by post, using your address details supplied by you via the Website or to our customer service team, within 48 hours of accepting your Offer.

5. Bank transfers may take up to two days to clear after authorisation, and you should be aware that many banks do not process transactions on weekends and bank holidays. If a bank transfer takes longer than this to reach your account, please contact Vintage Cash Cow.

6. Cheques will be dispatched by Royal Mail 1st class and typically take 2 days to arrive. Vintage Cash Cow shall have no liability to you for any delays in carriage of a cheque. If a cheque fails to arrive, then you may notify Vintage Cash Cow and we will (once adequate steps have been taken to cancel the original cheque) issue you with a replacement.

7. Vintage Cash Cow shall have no liability for any inaccuracy in the payment details that you provide to us. Accordingly, Vintage Cash Cow shall have no liability for any loss that you may suffer as a result of any payment being sent or transmitted to an incorrect address or account, or delayed in any way, as a result of any error made by you.

8. All quoted payment timescales are subject to variances, especially during busy periods and the holiday season, and we will not be liable for any losses that you may suffer if for any reason we fail to make a payment outside of the timescales referred to herein.

 

11. Use of our Website

1. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

2. Our Website is directed to people residing in the UK. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

3. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology and platform to access our Website. You should use your own virus protection software.

5. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attach our Website via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

 

12. Liability

1. Any claims for missing or damaged Items MUST be submitted to us within 28 days of the Parcel being posted - whether that’s you sending your Parcel to us or Vintage Cash Cow sending it back to you.

2. If you believe your Parcel has been lost, damaged or stolen you will be required to provide a valid postage receipt from the approved postage partner as set out in clause 5.1. It is your responsibility to obtain a receipt from the postage partner and retain this for tracking and insurance purposes. If you cannot provide a valid postage receipt for the Parcel you wish to claim for then you will not be able to claim for any loss or damage to your Items. We will not be responsible for Parcels which have been sent to us using a postal service not set out in clause 5.1.

3. Vintage Cash Cow shall not be held liable for any claim of missing or damaged Items that contravene the restricted items list outlined in clause 4.1 or 9.1.

4. To the extent that Vintage Cash Cow is liable to you for breach of Contract, negligence or any other liability arising under this Agreement, we shall only be responsible for loss or damage you suffer that is a direct and foreseeable result of our breach under the Contract up to the limit specified in clause 12.6. Loss of damage is foreseeable if it is an obvious consequence of our breach at the time we entered into the Contract with you.

5. To the extent permitted by law, we are not responsible for any:

1. indirect or consequential loss or damage; or

2. unforeseeable loss or damage;

3. loss or damage to Items caused by any third party;

4. loss of profit;

5. loss of income;

6. loss of anticipated savings; or

7. loss of the use of money.

6. Our total liability to you shall be limited to the value of the Offer that the Contract was made for, and in any event our aggregate liability to you for all claims arising under this Agreement shall at all times be capped at the value of your Offer.

7. Nothing in this Agreement shall exclude or limit our liability for:

8. death or personal injury caused by our negligence;

9. fraud or fraudulent misrepresentation; or

10. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11. As a consumer, you also have legal rights in relation to provision of the Services. Nothing in this Agreement will affect these legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

13. Vintage Cash Cow Complaints Procedure and ADR

1. If your Parcel has gone missing, or any of your Items in a Parcel have been damaged, you may be entitled to make a claim under our Insurance Policy. Please refer to the ‘Making a Claim’ section of our Insurance Policy for further details on what you need to do in this scenario. 
2. If you are not satisfied with the service provided please contact us in writing, detailing the nature of your complaint and your unique customer reference number, at [email protected]. We aim to respond to all correspondence within 5 business days. Any message sent to an alternate email address may not be handled within the specified timeframe.

2. If you are unhappy with our resolution you can submit an appeal to  [email protected] and our Customer Care Team will aim to respond within 5 business days with a final decision.

3. You may wish to seek independent legal advice on your complaint from the Citizens Advice consumer helpline, 0808 223 1133.

4. If following our internal complaints procedure, you believe the issue has not been appropriately resolved you may wish to submit a complaint to an Alternative Dispute Resolution (ADR) provider. ADR is a dispute resolution procedure where an independent body considers the facts of a dispute and seeks an out of court resolution.

 

14. General

 

1. All notices given by you to us must be addressed to [email protected]. We may give notice to you at the postal address you provide to us when placing an order, the address which you provide using the functionality set out on the Website, or at the contact e-mail address that you provide to us using the Website. Notice will be deemed received on the day on which it is left at the above address if you deliver it by hand; on the day on which it is received by us if posted; or on the day on which it is sent if by email.

2. You may not transfer this Agreement, nor any of your rights or obligations arising under it, without first obtaining our written consent.

3. We may transfer this Agreement, or any of our rights or obligations arising under it, at any time and without providing notice to you.

4. We will not be liable or responsible for any failure to perform, or delay performance of, any of our obligations under the terms of this Agreement, of the terms of a Contract, that is caused by a Force Majeure Event.

5. Our performance of this Agreement, or any relevant Contract, will be suspended while a Force Majeure Event occurs and/or renders performance of our obligations impossible, and we will have an extension of time to perform our obligations under the Agreement or Contract for that period. If the Force Majeure Event continues for more than a month we or you may terminate this Agreement or an affected Contract by giving 7 days’ notice in writing.

6. Failure by either party to exercise a right granted to it by this Agreement shall not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver of a right under this Agreement will not be a waiver of any subsequent default. A waiver of a right under this Agreement shall not be effective unless it is stated to be a waiver and is communicated to the other party in writing.

7. If any term of this Agreement or any provision of it is determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.

8. We reserve the right to revise this Agreement from time to time to reflect changes to the way we do business, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the Agreement in force at the time that you place an order with us. Where we change or revise this Agreement we will notify you by e-mail using the e-mail address supplied by you using the website’s functionality.

9. A person who is not a party to this Agreement shall have no rights in relation to this Agreement under the Contracts (Rights of Third Parties) Act 1999.

10. This Agreement shall be governed by the laws of England and Wales and the parties agree that any claim arising out of it or its subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales.