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Terms & Conditions

THE COIN CABINET LIMITED

TERMS AND CONDITIONS


BACKGROUND:

This agreement applies as between you, the User of this Website and The Coin Cabinet Limited (referred to as “TCC”), the owners of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:


Account collectively the personal information, Payment Information and credentials used by Users to purchase Goods or bid for Auction Items and/or any communications System on the Website;
Auction an auction taking place on the Website;

Auction Items
means an item listed for Auction by TCC on the
Website;
Auction Reserve Price the minimum price that must be met in order for TCC to agree to sell an item to the highest Bidder above the Auction Reserve Price, which will be hidden on the website;
Bidder a User that places a bid on an Auction Item;

Carrier
any third party responsible for transporting purchased Goods or Auction Items from our Premises to customers;
Content any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Goods all coins and any other products that TCC advertises and/or makes available for sale through this Website but not including Auction Items;

Payment Information any details required for the purchase of Goods or Auction Items from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
Premises our place(s) of business located at 
International House
24 Holborn Viaduct
EC1A 2BN London
United Kingdom

Purchase Information collectively any bids or acceptance of bids, orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Service collectively any online facilities, tools, services or information that TCC makes available through the Website either now or in the future;
System any online communications infrastructure that TCC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email;
TCC The Coin Cabinet Limited (company registration number: 08230393);
User(s) any third party that accesses the Website and is not employed by TCC and acting in the course of their employment; and
Website the website that you are currently using (www.thecoincabinet.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business.

4. International Customers

If Goods are ordered or Auction Item winning bids are placed by customers or Bidders from outside the United Kingdom, import duties and taxes may be incurred once your Goods or Auction Items reach their destination. TCC is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods or Auction Items, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods or Auction Items are being imported. Please be aware that Goods or Auction Items may be inspected on arrival at port for customs purposes and TCC cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please see clause 14.1 for guidance. Accepting and signing off delivery of package that shows signs of tampering/opening may restrict your right to return the item to us.

5. Intellectual Property

5.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data

compilations, page layout, underlying code and software is the property of TCC, our
affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by TCC.

5.3 Specifically you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by TCC.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TCC or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.thecoincabinet.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of TCC. To find out more please contact us by email at contact@thecoincabinet.com.

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules:

a) You must not use obscene or vulgar language;

b) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

c) You must not submit Content that is intended to promote or incite violence;

d) It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

e) The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;

f) You must not impersonate other people, particularly employees and representatives of TCC or our affiliates; and

g) You must not use our System for unauthorised mass-communication such as
“spam” or “junk mail”.

9.2 You acknowledge that TCC reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that TCC may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post on
the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to purchase Goods other than Auction Items on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

a) all information you submit is accurate and truthful;

b) you have permission to submit Payment Information where permission may be required; and

c) you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. TCC accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact TCC immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, TCC accepts no liability or responsibility and you should make contact with the Carrier detailed in the purchase information, collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

11.1 Either TCC or you may terminate your Account. If TCC terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 If TCC terminates your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched.

11.3 TCC reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

11.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

Clauses 12-14 apply to Goods purchased on the website. See Clause 15 for terms relating to Auction Items, including returning Auction Items.

12. Goods, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from TCC correspond to the actual Goods, TCC is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.

12.2 TCC does not represent or warrant that such Goods will be available. Stock indications are provided but may sometimes be incorrect. TCC does not warrant that stock indications provided on the website are correct. TCC reserves the right to cancel any such orders and shall not be liable for any penalties or financial loss, direct or indirect, brought onto the buyer as a result of placing an order on out-of-stock items.

12.3 Some of our Goods (specifically coins) are graded to the accepted UK standards and to the best of the ability of our specialist team. Grading does however involve an element of subjectivity and you should therefore form your own opinion before buying.

12.4 Pricing information on the Website is correct at the time of going online, except for certain gold coins, see 12.5. TCC reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

12.5 Pricing and payment of gold coins

12.5.1 All orders of gold coins are subject to TCC's final review and confirmation. In the case of sudden movements in gold price, TCC reserves the right to adjust prices after an order has been placed and/or cancel such orders. TCC accepts no liability for any financial loss, direct or indirect, foreseeable or otherwise, arising from such cancelled orders.

12.5.2 Payment for gold coins shall be processed within 24 hours. In the case of an international bank transfer, proof or receipt of the transfer shall be presented to TCC to show that the transfer has been made within that time frame.

12.6 In the event that prices are changed during the period between an order being placed for Goods and TCC processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

12.7 VAT is not applicable unless expressly stated.

13. Delivery

13.1 TCC will notify you by way of email when your goods are to be dispatched to you.
The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

13.2 If TCC receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

14. Returns Policy

TCC has developed a process and use specific materials for the packaging of Goods, the purpose of which is to protect Goods from damage and to minimize the risk of theft or tampering during transit. TCC aims to always provide high quality Goods that are as described and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

14.1 If package shows signs of tampering and/or damage you should NOT sign for and accept delivery of the package, this resulting in the immediate return of the package to our business registerred address at International House, 24 Holborn Viaduct, EC1A 2BN. Contact should also be made to notify us of this immediately, using the telephone number or email address stated on our website.

14.2 If you receive Goods which do not match those that you ordered, you should contact us within 7 days to arrange collection and return. TCC is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

14.3 If any Goods you have purchased have faults when they are delivered to you, you should contact TCC within 7 days to arrange collection and return. TCC is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

14.4 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to The TCC within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.

14.5 If you wish to return Goods to TCC for any of the above reasons, please contact to make the appropriate arrangements.

14.6 TCC reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

a) Any use or enjoyment that you may have already had out of the Goods;

b) Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

c) Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

such discretion to be exercised only within the confines of the law.

15. Bidding for and Buying Auction Items

From time to time, TCC may offer items for sale by Auction, in which case the following terms will apply:

15.1 Bidders may bid on any Auction Item at any time during an Auction.

15.2 A bid is an irrevocable offer made by a Bidder to TCC to buy the Auction Item.

15.3 Bids (including winning bids) may be cancelled or retracted in limited circumstances and only as agreed by TCC.

15.4 Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s).

15.5 Bidders are required to conduct their own research and due diligence. All Auction
Items are sold on an “as is” basis.

15.6 If a Bidder’s bid is the highest bid on an Item at the end of an Auction, and is above the Auction Reserve Price, that bid shall be deemed to have been accepted by TCC, creating a legally binding contract between the Bidder and TCC under which the Bidder is obliged to purchase the Auction Item at the price of their winning bid and TCC is obliged to sell the Auction Item for the same.

15.7 Bidders and/or TCC shall be entitled to enforce the provisions of these terms and conditions and may pursue legal remedies against one another for non-performance of any of their respective obligations hereunder.

15.8 Payment for Auction Items may be made by methods agreed with TCC.

15.9 TCC shall be under no obligation to release any Auction Items to Bidders until they have received any and all sums due in cleared funds.

15.10 Legal title in and to Auction Items shall transfer to Bidders only upon receipt of any and all sums due by TCC.

15.11 Bidders may, in limited circumstances, have a legal right to return Auction Items to
TCC. Any returns must be completed within 7 days of delivery or collection by the

Bidder of Auction Items. Refunds will be processed only upon receipt of the returned
Auction Item by TCC.

15.12 You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to goods sold by TCC by Auction.

16. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference and is available to view on our website.

17. Disclaimers

17.1 TCC makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance, other than instances where Auction Items are listed to Bidders and the Auction Reserve Price is met.

17.4 Whilst TCC uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

18. Changes to the Service and these Terms and Conditions

TCC reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If TCC is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 TCC accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, TCC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2 Nothing in these terms and conditions excludes or restricts TCC’s liability for death or
personal injury resulting from any negligence or fraud on the part of TCC.

20.3 Nothing in these terms and conditions excludes or restricts TCC’s liability for any
direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TCC.

24. Communications

24.1 All notices/communications shall be given to us either by telephone (contact numbers can be found on the contact us page of this website) or by email to contact@thecoincabinet.com. Such notice will be deemed received on the day of leaving a telephone message clearly stating your name and your telephone number if message is left on a business day and on the next business day if the email is sent on a weekend or public holiday. Alteratively such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 

24.2 TCC may from time to time send you information about our products and/or services.
If you do not wish to receive such information, please let us know via contact@thecoincabinet.com.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and TCC shall be governed by and construed in accordance with the Law of England and Wales and TCC and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.


 

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