Shop terms and conditions
Shop Terms and Conditions
Last updated: 06.01.2012
These Terms and Conditions (together with the documents referred to in it) set out the terms and conditions on which we sell and purchase back Sale Items (as defined below) and supply related services through our website www.62days.com (our Site) (together, the Services). Please read these Terms and Conditions carefully before using any Services from our Site. You should understand that by using any of our Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply each and every time you use our Services and shall apply to and be incorporated into every Sale and Contract unless we inform you otherwise.
You should print a copy of these Terms and Conditions for future reference.
1. INFORMATION ABOUT US
www.62days.com is a site operated by 62days.com Limited (we, us, our). We are registered in England and Wales under company number 07076505 and with our registered office at 20 North End Road, London, NW11 7PH, UK. Our VAT number is 985 9038 63.
2. SERVICE AVAILABILITY
Our Site is only intended for use by residents of the European Union. We do not accept orders from outside the European Union. In addition, some restrictions are placed on the extent to which we sell items to, and accept items from, some countries within the European Union. For example, there may be restrictions on the trade and/or export of certain metals, art objects or other goods of historical and/or cultural interest. It is your obligation to acquaint yourself and comply with such restrictions and any applicable law, and to ensure that no item is exported or imported in violation of such restrictions.
In order to use the Services, you are required to maintain an existing account (Account) with us. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorised access to your Account. You should keep your Account and password confidential and secure and let us know immediately if you suspect any unauthorised use of your Account or that your password has become known to anyone else. You are solely responsible for all use of our Services that occurs using your Account or password.
3. INFORMATION ABOUT YOU AND YOUR STATUS
3.1 By using the Services through our Site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are resident in the European Union; and
3.1.4 you are accessing our Site from a country within the European Union.
4. PURCHASING A SALE ITEM
4.1 General Overview
This Section 4 describes the process for purchasing an item on our Site. For your convenience, we provide you with a brief overview of such process in this Section 4.1. This overview is provided strictly for the sake of convenience and is not intended to derogate from the detailed terms and conditions set out herein including in the other sub-sections of this Section 4, which you should read carefully and in their entirety. In the event of any conflict between the overview provided in this Section 4.1 and the detailed provisions set forth in these Terms and Conditions (including the other provisions of Section 4), the latter shall prevail.
We offer certain items for sale on our Site. Details of each such item and its price may be obtained by clicking on the item. If you wish to purchase an item you may elect to do so by following the instructions set forth on our Site and detailed in this Section 4.
Please note that all sale items are pre-owned. Even though every precaution is taken, the sale item might not be in immaculate condition (e.g. show minor signs of wear).
Sizes and weights given in the description are approximate figures given as reference. We will not be held responsible for any discrepancies occurring.
All weights referred to in grams are gross weights.
Watches offered for sale have been opened during initial verification process, therefore be aware that they will need resealing in order to be waterproof (where applicable) again.
If you have purchased an item on our Site, you will have 12 months from the date of purchase of the item to sell us back the item, and we will purchase back the item from you at a price equal to at least 50% of the price you paid for such item, provided that (i) it is the same item you purchased from us on our Site, (ii) it is not damaged or broken or is otherwise diminished in value and (iii) you have informed us of your desire to sell back the item prior to the expiration of the 12 month period from the date of purchase of the item. The process you will need to follow in order to sell us back the item is detailed in Section 5 below.
4.2 Making a Purchase
If you are considering purchasing an item from our Site (Sale Item), the first step is to click on that item. A more detailed description of the Sale Item will be displayed. Simply click on the “Add to Basket” button, and the Sale Item will be placed in your shopping cart. To complete your purchase, click on “My Basket” and then “Proceed to Checkout”. You will be presented with the total amount payable for your purchase, which will include packaging and delivery costs as well as applicable taxes, if any, and you will be requested to enter your billing address and desired delivery address [(by choosing the address which appears in your Account or providing an alternate address for delivery)]. You will then be asked to choose a method of payment. After all the requested information has been provided, simply click on “Submit Order”. You will then be presented with an order summary for your confirmation. Upon clicking the “Confirm” button, your order will be made.
When you place an order to purchase the Sale Item from our Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase the Sale Item, which is accepted by us when we send such e-mail confirmation (Confirmation E-mail) and at that point, a contract will be formed (Sale). Any items on the same order which we have not confirmed in a Confirmation E-mail do not form part of that Sale. We reserve the right not to accept any offer and not to send you a Confirmation Email for any reason, including, without limitation of the Sale Item is no longer available. In such case, we will send you an email informing you of this fact.
Upon receipt of payment in full, we will send you the Sale Item. Once the Sale Item has been shipped, we will inform you via email and will provide you with a tracking number to track your package. Please note that any delivery dates provided are estimates only and should not be relied upon as guaranteed delivery times. We take no responsibility for any losses resulting from delayed delivery. We shall only be responsible for damage caused during transit. We therefore recommend that you open your package and verify the item’s condition before signing off on receipt with FedEx.
Please note that we reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
All prices are inclusive of VAT unless stated otherwise..
4.4 Cancellation of Sale
Customers in the European Union are entitled to cancel a purchase within 7 Working Days. Details of this statutory right and an explanation of how to exercise it will be provided in the Confirmation Email. If the return isn’t the result of an error on our part, return delivery costs will be deducted from your refund.
5. THE SELL BACK OPTION
5.1 General Overview
For a period of one year after you have purchased a Sale Item, you will have an option to sell the Sale Item back to us (Sell Back Option) at a minimum of 50% of the price you paid for the Sale Item, which price does not include any amounts paid in taxes, packaging or shipping (Original Purchase Price). For your convenience, we provide you with a brief overview of the process of exercising the Sell Back Option in this Section 5.1. This overview is provided strictly for the sake of convenience and is not intended to derogate from the detailed terms and conditions set out in the other sub-sections of this Section 5, which you should read carefully and in their entirety. In the event of any conflict between the overview provided in this Section 5.1 and the detailed provisions set forth in these Terms and Conditions (including the other provisions of Section 5), the latter shall prevail.
If you wish to sell back the Sale Item you must inform us via the “My Account” area of our Site (My Account Area) prior to the first anniversary of your purchase of the Sale Item. Upon receipt of your notification, we may (i) provide you with a quote, which will be no less than 50% of the Original Purchase Price, subject to our inspection as detailed below to confirm that the item is the same Sale Item you purchased from us and that the item is not damaged or broken or is otherwise diminished in value, (ii) request further information about the condition of the Sale Item in order to provide a quote or adjust a quote already given or (iii) in the event that, based upon your description or additional information you provided, we, in our sole discretion, determine that the Sale Item has been altered, damaged, or diminished in value, notify you that we will not buy back the Sale Item or we will provide you with a quote which is less than 50% of the Original Purchase Price.
If we have provided you with a quote, you may then offer to sell us the Sale Item at the quoted price. In such case, we will arrange to pick up your item from an address you have chosen which must be in the European Union. Upon receipt of the item, we will inspect it, and following such inspection, we may (i) maintain our offer to purchase the Sale Item at the quoted price, (ii) reject the Sale Item and send it back to you or (iii) provide you with a revised quote based on our inspection. However, we will not reject the item or provide you with a revised quote of less than 50% of the Original Purchase Price if based on our inspection, and in our sole discretion, the item has not been altered, damaged, or diminished in value since we sold it to you.
If we provide you with a revised quote, you may elect to offer us the Sale Item for sale at the revised quote or request that the Sale Item be sent back to you.
If (i) we accept your offer to sell back the Sale Item at the original quote or (ii) after inspection of your item we provide you with a revised quote, and you accept the revised quote, we will send you payment for the Sale Item pursuant to payment instructions provided by you on our Site.
If more than one year has passed since you purchased the Sale Item, you may still offer to sell us back the Sale Item in accordance with the process described herein, but we will not have any obligation to purchase such Sale Item at a specific price or at all.
If you sell the Sale Item back to us, you will have the option of buying it back within 62 days at the same price we paid for the Sale Item, although you will have no further Sell Back Option.
To request a quote (Quote) of what price we are willing to pay you (Quote Price) to purchase back a Sale Item, you will notify us, within one year of having purchased the Sale Item, via the My Account Area after logging in, and click on the specific item you desire to be purchased back. You may also be requested to provide information with respect to the condition of the item and any changes to the item from the date of purchase. If we require further information before we can give you a Quote[, or in order to re-evaluate a Quote we have already provided], we will inform you via the My Account Area. After receiving the foregoing information, we may provide you with a Quote, if one was not initially provided, confirm the Quote we have already provided or adjust the Quote we have already provided by providing a Revised Quote (as defined below).
By providing us notification of your intention to exercise your Sell Back Option, you represent and warrant to us that the statements made in Section 8.2 below are true and correct.
The decision of whether to provide you with a Quote and the amount of such Quote is at our sole discretion. However, if the Sale Item has not been altered, damaged, or diminished in value since we sold it to you, and you provided us with notification within one year of having purchased the Sale Item of your desire to sell back the Sale Item, we will provide you with a Quote of no less than 50% of the Original Purchase Price (subject to our inspection as detailed below).
The Quote is provided to you for the purposes of exercising your Sell Back Option. You may not use the Quote for any other purpose nor may you rely on the Quote for any other matter, including without limitation, for insurance purposes. The Quote is calculated by our team of valuators for the purpose mentioned above and does not necessarily reflect the actual market value of the Sale Item.
5.3 Selling Your Sale Item
If you wish to sell us the Sale Item for the Quote Price you can inform us via the My Account Area after we provide you with the Quote Price.
After informing us of your decision to sell us your Sale Item for the Quote Price, we will confirm via the My Account Area that we have received your decision. Please note that this does not mean that your offer has been accepted, and there is no obligation on our part to purchase the Sale Item until we complete our inspection as detailed below, and subject to the results of our inspection.
5.4 Pickup of Your Sale Item
After informing us that you wish to sell us the Sale Item, you will provide us with details of the address from which the Sale Item is to be picked up and details of time for pick-up. The Sale Item will be picked up only from an address in the European Union. Once you have confirmed these details, they will appear in the My Account Area and we will arrange for a FedEx representative (Agent) to pick up the Sale Item. An air waybill with a tracking number will then be provided to you in Portable Document Format (PDF) by e-mail and will also appear in the My Account Area (Waybill). You should print out the Waybill and provide it to our Agent upon pickup. You must keep a copy of the Waybill for yourself and make sure that our Agent signs your copy as this will be your proof that the Sale Item was picked up. If you cannot or have not printed out the Waybill, you can give our Agent the delivery details in writing. Our address for delivery is set out below and can also be obtained through the My Account Area or by contacting us.
20 North End Road
In the event that you do not print the Waybill provided to you but reproduce the delivery details in writing:
5.4.1 Our Agent will provide you with a new air way bill and tracking number for the Sale Item (New Waybill);
5.4.2 You must keep a copy of the New Waybill and make sure our Agent signs your copy; and
5.4.3 You must contact us to inform us of the details of the New Waybill.
It is your sole responsibility to appropriately package the Sale Item and to ensure that the Sale Item is suitably packaged before we or our Agents pick it up. In packaging the Sale Item you will give due consideration to the type and nature of the Sale Item particularly in terms of its handling, loading and transportation. For example, fragile Sale Items should be packaged in wooden boxes. It shall also be your responsibility to properly label the package and to provide instructions to our Agents for the proper and careful handling of the Sale Item. Neither we nor our Agents will be responsible for any damage caused to a Sale Item that was not properly packaged by you.
5.6 Shipping Process and Costs
If, prior to or after pick-up of the Sale Item by our Agents, you are contacted by our Agents at any time you must contact us as soon as practicable to inform us of the details of such contact.
After the Sale Item is picked up by us or by our Agents, its status as described in the My Account Area will change from “Collection Coordinated” to “Item picked up”. If the Sale item has been picked up but its status in the My Account Area has not changed, it is possible that we have not been made aware of the pick-up. If the Sale Item’s status in the My Account Area has not been changed in the 12 hours after it was picked up or if a scanned copy of the pickup Waybill does not appear in the My Account Area within said 12 hours, it is your responsibility to inform us of such and provide us with all necessary information.
You will not be charged any delivery costs associated with picking up the Sale Item if the packaged Sale Item weighs one kilogram or less. If the packaged Sale Item weighs more than this, we reserve the right to charge you any extra delivery cost charged by FedEx associated with the weight of the packaged Sale Item over and above one kilogram.
Notwithstanding the foregoing, in the event that the Quote Price of a Sale Item is less than €175, we may, in our sole discretion, deduct from the Quote Price the costs of pick up and delivery charged by FedEx.
5.7 Our Receipt of the Sale Item and Inspection
On receipt of the Sale Item, we will video record the opening of the package the Sale Item has arrived in and the removal of the Sale Item from its package. The video recording will be used to assist in verifying the content of the package we or our Agents picked up from you. We will inspect and test the Sale Item following receipt. If the results of such inspection or testing cause us to be of the opinion that the Sale Item (i) does not conform or is unlikely to conform with any description, specification or picture supplied by you to us, (ii) is not the Sale Item you purchased from us or (iii) has been altered, damaged, or diminished in value since we sold it to you, we shall inform you and we shall be entitled to avail ourselves of any one or more of the remedies contained at Section 5.10.
In the process of inspecting the Sale Item, it may be necessary for us to conduct certain tests. Such tests may result in some markings left on the Sale Item or some minimal wear to the item. You hereby agree that if the Sale Item is returned to you, we will not held be responsible for any damage to the Sale Item or loss suffered by you as a result of the testing process. By way of example, if the Sale Item is a wrist watch, its inspection and / or testing may involve it being opened. By opening a water resistant watch there is a risk that following its inspection and / or testing the watch will no longer be water resistant. If the watch is returned to you, we strongly advise you to replace the seal that prevents water from entering the watch or not expose the watch to water. We are not responsible for any losses you suffer (directly or indirectly) if such losses result from a watch no longer being water resistant after our inspection and / or testing of it.
5.8 Acceptance, Rejection or Revising the Quote Price
Following our inspection of the Sale Item, we may, in our sole discretion, do one of the following:
5.8.1 accept your offer to sell us the Sale Item at the Quote Price and send you payment;
5.8.2 reject the Sale Item and arrange for its return to you; or
5.8.3 revise the Quote Price and provide you with a different price we are willing to pay for the Sale Item (Revised Quote Price).
However, we will not reject the Sale Item or provide you with a revised quote of less than 50% of the Original Purchase Price if you notified us of your intention to sell back the Sale Item within one year of having purchased the item, the procedure set forth in Sections 5.2 and 5.3 was followed, and if, based on our inspection, and in our sole discretion, the item has not been altered, damaged, or diminished in value since we sold it to you.
5.9 Acceptance; the Contract
Your notification to us after your having been provided with a Quote Price indicating that you wish to sell back to us your Sale Item at the Quote Price constitutes an offer by you to sell to us the Sale Item (Offer). All such Offers are subject to acceptance by us and, in the event that we do accept your Offer, we will confirm such acceptance (if applicable) via the My Account Area. The contract between us (Contract) will only be formed when we send you such confirmation (Acceptance Confirmation) that we shall buy back the Sale Item at the Quote Price.
If, following our inspection of the Sale Item, we provide you with a Revised Quote Price, a contract will only be formed upon your acceptance of such Revised Quote Price. See Sections 5.12 – 5.14 below.
The Contract will only relate to the Sale Item referred to in the Acceptance Confirmation. The Sale Item may be referred to by description or by reference to a unique number assigned to it.
5.10 Rejection; Revised Quote Price
Without prejudice to any other right or remedy which we may have, if the Sale Item (i) does not or is unlikely to conform with any description, specification or picture supplied by you to us or with any assumptions based on which we provided the Quote Price, (ii) is not the Sale Item you purchased from us or (iii) has been altered, damaged, or diminished in value since we sold it to you, we shall be entitled to, at our sole discretion:
5.10.1 reject the Sale Item and return it to you; or
5.10.2 provide you with a Revised Quote Price.
However, we will not reject the Sale Item or provide you with a revised quote of less than 50% of the Original Purchase Price if you notified us of your intention to sell back the Sale Item within one year of having purchased the item, the procedure set forth in Sections 5.2 and 5.3 was followed, and if, based on our inspection, and in our sole discretion, the item has not been altered, damaged, or diminished in value since we sold it to you.
Without limiting our sole discretion with respect to providing Quotes and the Quote Prices and Revised Quote Prices, it should be noted that for purposes of valuating a Sale Item, we may deduct up to 2% of the weight of any Sale Item provided to us (to the extent the weight is relevant for valuation purposes) if we believe that rubbish or similar substances have accumulated on the Sale Item over time artificially increasing its measured weight.
5.11 Selling at the Revised Quote Price
In the event that you decide that you would like to sell the Sale Item at the Revised Quote Price, you can inform us of such via the My Account Area within seven (7) Days from the posting of the Revised Quote Price in the My Account Area. Upon your notification to us that you wish to sell us the Sale Item for the Revised Quote Price, a Contract will be formed between us for the sale of the Sale Item at the Revised Quote Price, pursuant to which we will send you payment.
5.12 Declining to Sell at the Revised Quote Price
If you do not wish to sell us the Sale Item for the Revised Quote Price you can inform us via the My Account Area within seven (7) Days of us posting the Revised Quote Price in the My Account Area and we will return the Sale Item to you.
5.13 Informing Us of Your Decision
If you do not inform us via the My Account Area of your decision to sell or not sell us the Sale Item for the Revised Quote Price within seven (7) Days of us notifying you of the Revised Quote Price, you will be deemed to have declined our offer to purchase the Sale Item at the Revised Quote Price, and we will arrange for our Agent to return the Sale Item to your address as it appears in the My Account Area. In the event that, after three attempts, our Agent is unsuccessful in delivering the Sale Item to you, we reserve the right to charge you for the costs associated with storing and insuring the Sale Item and we may treat the Sale Item as abandoned and may dispose of it in accordance with Section 5.15 below.
5.14 Return of Your Item
If the Sale Item is to be returned to you pursuant to Sections 5.10, 5.12, or 5.13 above, and the packaged Sale Item weighs more than one kilogram, we reserve the right to require you to pay any extra FedEx delivery charges associated with the weight of the packaged Sale Item over and above one kilogram in advance of the Sale Item being returned. In such case, to the extent that the delivery charges are not paid by you, we shall be under no obligation to return the Sale Item. In the event that the delivery charges are not paid by you within thirty (30) Days of our request of such payment, we may, in our sole discretion, dispose of the Sale Item in accordance with Section 5.15 below and may charge you for costs under Section 5.13.
5.15 Disposal of Your Item
If, pursuant to Section 5.13 above, you fail to inform us within seven days of our notification of the Revised Quote Price of your decision to sell or not to sell the Sale Item and we were unable to return the Sale Item to you as described in Section 5.13, or if you fail to pay in advance any delivery charges as required under Section 5.14, we may, in our sole discretion, sell the Sale Item and transfer all ownership in it and use the proceeds of sale to pay any costs incurred by us including those listed at Section 5.13. We will hold any remaining balance for you. However, interest will not accrue to you on the balance. If the Sale Item cannot reasonably and economically be sold (for any reason whatsoever) or if it remains unsold, you hereby irrevocably authorise us to treat the Sale Item as abandoned by you and you irrevocably authorise us to destroy or otherwise dispose of the Sale Item at your cost.
5.16 Loss or Damage in Transit
5.16.1 The Sale Item Does Not Arrive or Arrives Damaged
If the Sale Item is picked up but fails to reach us for any reason, and such failure is known to us, or if the Sale Item arrives in a state which we determine to be damaged, we may conduct an investigation into such failure or into such damage. Such investigation may take up to 30 Working Days from the day on which such failure becomes known to us. In order to assist us in our investigation we may require certain information and documentation from you, including without derogating from the generality of the foregoing:
(i) a complete and accurate description of the Sale Item and how it was packaged, including materials and type of packaging;
(ii) a copy of the Waybill or New Waybill, as applicable;
(iii) a proof of your address (e.g., utility bill); and
(iv) a copy of your identity papers, which may include your driver’s license or passport.
For the purposes of these Terms and Conditions, a “Working Day” shall mean any day from Monday to Friday, excluding (i) national holidays in the United Kingdom and (ii) any other day on which the banks in the United Kingdom are closed.
5.16.2 Making a Claim
If it is found, following completion of an investigation pursuant to Section 5.16.1, that the Sale Item has been picked up by us or our Agent(s) and lost or totally and irreparably damaged (and provided that you have supplied us with the information set out at Section 5.16.1 to our satisfaction) you may make a written claim to us requiring us to reimburse you for the Sale Item in accordance with this Section 5.16.2. Following receipt of your written claim we will pay you the Quote Price or Revised Quote Price, as applicable, less the excess set out in Section 5.16.2(a) or 5.16.2(b), as applicable. An excess is the amount you must pay in the event of any claim. If you make a claim and the Quote Price or Revised Quote Price, as applicable, is:
(a) equal to or less than €500, the excess payable by you will be €50; or
(b) more than €500, the excess payable by you will be €150.
In the event that you did not initially provide us with a clear photograph of the Sale Item, or in the event that the Quote Price was based upon unverified assumptions by the 62days.com valuation team, the amount of payment for any lost Sale Item will be at our sole discretion (Discretionary Price).
For the purposes of this Section 5.16, the parties acknowledge and accept that the Quote Price or Revised Quote Price, or the Discretionary Price, as applicable, less any excess, is fair and reasonable compensation for the loss of or total and irreparable damage to the Sale Item.
If it is found that you provided us with fraudulent statements with respect to the Sale Item, its condition, shipment or otherwise, you shall be responsible for all costs, losses and damages caused to us as a result of such fraudulent statements.
5.16.3 Recovery of Your Item After Reimbursement
In the event that you make a claim pursuant to Section 5.16.2 and we reimburse you for the Sale Item in accordance with Section 5.16.2, should the Sale Item be recovered by us or our Agents, you agree that the Sale Item shall be the sole property of 62days.com and that you will not be entitled to exercise a Buy Back (as defined below) or to enforce any of the rights set out in Section 7. In the event that the Sale Item is located by you or returned to you, you shall immediately inform us and you hereby undertake, immediately upon our request, to immediately return any monies paid by us pursuant to any claim made by you under this Section 5.16.
5.16.4 Partial Damage
Without limiting the other provisions of this Section 5.16 or our rights under Section 5.8, in the event that partial damage is caused to the Sale Item in transit and the damage is reparable, we may, in our sole discretion, do one of the following:
(i) Provide a Revised Quote to give effect to the cost of repair of the Sale Item. In the event that you choose not to sell us the Sale Item at the Revised Quote, we shall return the Sale Item in accordance with the provisions of Section 5.14.
(ii) We may maintain the initial Quote or provide you with a Revised Quote that does not take into account the costs of repair, in which case you shall waive any claim you may have against us or our Agents in connection with the Sale Item (including the damage).
From the time we pick up your Sale Item and, unless we buy back the Sale Item in accordance with Sections 5.9 and 5.18, until we return it to you, we shall keep the Sale Item insured by a reputable insurance company for damage or theft at a value equivalent to its Quote Price. If we buy back your Sale Item, we will continue to insure it at a value equivalent to twice the price we paid for it until the 62nd Day from our purchase and the expiration of your Buy Back right as described in Section 7.
5.18 Price and payment
The price paid for the Sale Item when you exercise your Sell Back Option will be the Quote Price or the Revised Quote Price, as applicable.
These prices include VAT payable (if any).
We will pay for the Sale Item using the same method of payment as originally used when purchasing the Sale Item (voucher, PayPal or bank transfer as applicable).
If the method of payment selected involves any currency conversion or banking charges the payment of these will be your responsibility.
6. RISK AND TITLE
6.1 The Sale Item will be at our risk from the time we pick it up from the address you provided us with.
6.2 Subject to the right contained in Section 7, full ownership of the Sale Item shall pass to us after we pay you the Quote Price or the Revised Quote Price (as applicable). For the purposes of this Section 6.2 and Section 6.3, below, the Quote Price or Revised Quote Price shall be deemed paid on the day such payment leaves our bank account.
6.3 Prior to the sixty second day after we pay you the Quote Price or the Revised Quote Price (as applicable) at the same time of day as we paid such Quote Price or Revised Quote Price (the 62nd Day) (e.g., if we paid you the Quote Price or the Revised Quote Price at 1pm, the 62nd Day shall mean 1pm on the sixty second day from such date) we shall:
6.3.1 store the Sale Item (at no cost to you) separately from all our other goods or those of any third party;
6.3.2 not knowingly destroy, deface or obscure any identifying mark or packaging on or relating to the Sale Item, subject to Section 5.7; and
6.3.3 use reasonable efforts to maintain the Sale Item in reasonable condition and keep it insured, as set forth in Section 5.17, subject to requirements of applicable insurance law.
6.4 Prior to the 62nd Day our right to possession of the Sale Item shall terminate immediately if we convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of our undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of us or notice of intention to appoint an administrator is given by us or our directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of us or for the granting of an administration order in respect of us, or any proceedings are commenced relating to the insolvency or possible insolvency of us.
7. BUY BACK
Subject to the provisions of this Section 7 and subject always to Section 5.16, you are entitled to buy the Sale Item you sold us back at any time prior to the 62nd Day from the date of payment by us for the Sale Item (Buy Back).
7.2 How to Buy Back Your Item
If you wish to buy back the Sale Item in accordance with this Section 7:
7.2.1 you must inform us via the My Account Area prior to the 62nd Day (Buy Back Notification);
7.2.2 you must adhere to the conditions set out in Sections 7.2 to 7.5 inclusive;
7.2.3 payment for the Sale Item must have left your bank account or been otherwise registered or we must have otherwise received payment within ten (10) days of you informing us that you would like to exercise the buy back option, provided that your Buy Back Notification was made prior to the 62nd Day. For the purposes of this Section 7.2.3, a notification from your bank that payment to our account has left your account will suffice as evidence of this;
if payment is not received by us within ten (10) days of your informing us of your intention to buy back the Sale Item, or if you did not provide us with such Buy Back Notification prior to the 62nd Day your right to buy back the Sale Item shall expire. If you do not adhere any of this Section 7.2 you will irrevocably lose the right to buy the Sale Item back after which we shall be entitled to dispose of the Sale Item in whatever manner in our sole discretion.
7.3 The Buy Back Price
The price you will pay for the Sale Item will be the price we paid you for it (Buy Back Price). You will pay for the Sale Item using the same method originally used to sell it to us and we must receive payment from your account, and not that of a third party. If the method of payment involves any currency conversion or banking charges the payment of these will be your responsibility, and we will receive the exact amount paid by us (without any deductions) and in the same currency paid by us.
7.4 Delivery of the Buy Back Item
In the event that the Buy Back Price of a Sale Item is less than €175, we may, in our sole discretion, charge you, in addition to the Buy Back Price, the costs of delivery charged by FedEx. We will deliver the Sale Item to the address we originally picked it up from unless you notify us otherwise via the My Account Area simultaneously with your Buy Back Notification that you wish to buy back the Sale Item. We will deliver the Sale Item to a different address only if it is in the same country as the original address from where the Sale Item was picked up.
The Sale Item shall not be delivered to you and ownership of the Sale Item shall not pass back to you until we have received in full (in cash or cleared funds) all sums due in respect of the Sale Item and the delivery cost as set out in this Section 7.4.
7.5 Additional Payment Option
At any time prior to or after you informing us via the My Account Area of your wish to buy back the Sale Item we may at our sole discretion offer you a further payment in addition to what we have already paid for the Sale Item in consideration of you irrevocably and unconditionally waiving your right to buy back the Sale Item. If you accept the further payment you will not be entitled to enforce any of your rights contained in Section 7 and ownership of the Sale Item shall irrevocably pass to us.
8. YOUR OBLIGATIONS
8.1 You shall:
8.1.1 co-operate with us in all matters relating to the Services;
8.1.2 provide to us a detailed description of the Sale Item if we require it and, in a timely manner, other information that we may require and you shall ensure that all information you provide us is accurate in all respects;
8.1.3 keep your profile in the My Account Area updated; and
8.1.4 maintain confidentiality of your Account details. We shall not be responsible for any losses or damages arising out of the unauthorized use of your Account which is not due to our gross negligence.
8.2 You warrant that:
8.2.1 you have all requisite power and authority to sell the Sale Item and enter into and perform the Contact in accordance with these Terms and Conditions;
8.2.2 you purchased the Sale Item from us and you are the sole legal and beneficial owner of the Sale Item;
8.2.3 the Sale Item is free from any interest or equity of any person (including any form of joint-ownership, right to acquire, option or right of pre-emption) or any mortgage, charge, pledge, lien, assignment, hypothecation, security, interest, title, retention or any other security agreement or arrangement;
8.2.4 no commitment has been given to create any interest or equity of any person or entity (including any right to acquire, option or right of pre-emption) or any mortgage, charge, pledge, lien, assignment, hypothecation, security, interest, title, retention or any other security agreement or arrangement affecting the Sale Item;
8.2.5 any description, specification or picture supplied by you to us in relation to a Sale Item, is true, accurate and not misleading;
8.2.6 the Sale Item, when picked up by our Agent, was in good condition or, if applicable, the condition set out in the description supplied by you to us.
9. PERFORMANCE TIMES
We will use our reasonable endeavours to meet any performance times specified in these Terms and Conditions but any such performance times shall be estimates only and time shall not be of the essence for performance of the Services. Any delay by us in the provision of the Services shall not be considered a breach of these Terms and Conditions and shall not entitle any party to compensation.
Shipping and delivery times provided by us are solely estimates and should not be relied upon.
10. OUR LIABILITY
10.1 Our liability for losses you or any third party suffer as a result of us or any party on our behalf breaching this agreement is strictly limited to the price of the Sale of the Contract, as applicable, to the extent that there is a Sale or Contract. The price of the Sale shall be the amount we received from you for the purchase of the Sale Item. The price of the Contract shall be the price for which we agreed to purchase the Sale Item.
10.2 This does not include or limit in any way our liability:
10.2.1 for death or personal injury caused by our negligence;
10.2.2 under section 2(3) of the Consumer Protection Act 1987;
10.2.3 for fraud or fraudulent misrepresentation; or
10.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 We are not responsible for indirect losses or damages (including costs) which happen to you or to any third party as a consequence of the main loss or damage even if we were advised of such potential loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to cancel the Sale or terminate the Contract between us, including but not limited to:
10.3.1 loss of income or revenue
10.3.2 loss of business
10.3.3 loss of profits or contracts
10.3.4 loss of anticipated savings
10.3.5 loss of data, or
10.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Sale and the Contract.
We may deduct or offset any amounts due to us from you from any amounts payable by us to you under these Terms and Conditions.
12. CANCELLATION OF A CONTRACT
12.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven Working Days, beginning on the day after we send you an Acceptance Confirmation. If we have not paid for the Sale Item prior to such cancellation, we will deliver the Sale Item to you as soon as possible after receiving the cancellation notice. You will be responsible for the cost of returning the Sale Item to you. If we have paid for the Sale Item prior to such cancellation we will deliver the Sale Item to you as soon as possible after we receive from you the entire amount we paid.
12.2 To cancel a Contract as a consumer, you must inform us in writing in accordance with Section 13 below.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail, via the My Account Area or provide you with information by posting notices on our Site. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
14.1 Other than as specifically stated elsewhere in these Terms and Conditions, all notices given by you to us must be given to 62days.com Limited at 162/164 Finchley Road, London, NW3 5HD or firstname.lastname@example.org. We may give notice to you at either
14.1.1 the e-mail address you provided us when registering on our Site or that is contained in the My Account Area if you updated it; or
14.1.2 the postal address you provide to us in the My Account Area; or
14.1.3 in any of the ways specified in Section 13 above.
14.2 Notice will be deemed received and properly served immediately when posted on our Site or the My Account Area, 24 hours after the e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Sale or a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Sale or a Contract, or any of our rights or obligations arising under it, at any time during the term of such Sale or Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our or our affiliates’ obligations under a Sale, a Contract or these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Sale or Contract and under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Sale or Contract may be performed despite the Force Majeure Event.
17. INTELLECTUAL PROPERTY
All content posted, displayed, or available on our Site, including any graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws and all rights related thereto (Content) is and shall remain the exclusive property of 62days.com and its licensors and is protected by applicable intellectual property laws
No Content posted, displayed, or available on our Site may be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy, display, or post any Content offered via our Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on our Site or on any Content posted, displayed, or made available on our Site.
18. INTERNET AND ACCESS TO OUR SITE
We endeavour to ensure that availability to our Site is uninterrupted and that our Site is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to our Site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We reserve the right to refuse access to our Site or any part of it at any time either to groups of users, individual users or generally. We shall not be responsible for any connection or access to our Site by you or the quality of the transmission of any information passing between you and our Site.
Whilst we take reasonable precautions to ensure that the our Site is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to our Site and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
19. EXCLUSION OF WARRANTIES
19.1 WE GIVE NO WARRANTIES WHATSOEVER IN RELATION TO OUR SITE OR ANY CONTENT, PRODUCTS OR SERVICES POSTED, DISPLAYED OR MADE AVAILABLE ON OUR SITE. WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES AS TO FREEDOM FROM COMPUTER VIRUSES, WARRANTIES OF TITLE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE EXPRESSLY DISCLAIM THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR OTHERWISE RELIABLE, THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT OF OUR SITE IS LAWFUL, CORRECT OR ACCURATE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE ABOVE DISCLAIMERS WILL NOT APPLY TO YOU.
19.2 WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SALE ITEMS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY SALE ITEM YOU PURCHASE FROM US IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE ANY WARRANTY. SHOULD ANY SALE ITEM PROVE DEFECTIVE IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND WE SHALL HAVE NO LIABILITY IN RESPECT THEREOF.
You agree to indemnify us, our licensors, suppliers, affiliates and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of our Site, the Service or any breach by you of these Terms and Conditions.
21.1 If we fail, at any time to insist upon strict performance of any of your obligations under a Sale, Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under a Sale, Contract or any applicable law, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 13 above.
If any of these Terms and Conditions or any provisions of a Sale or Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23. ENTIRE AGREEMENT
23.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Sale or Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2 You acknowledge that, in entering into a Sale or Contract, you have not relied on any representation, undertaking or promise given by us and nothing shall be implied from anything said or written in negotiations between us prior to such Sale or Contract except as expressly stated in these Terms and Conditions.
23.3 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Sale or Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
If you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms and Conditions, the Sale and/or the Contract, we, at our sole discretion, without notice to you may terminate your Account and deny access, and you will remain liable for all amounts due under your Account up to and including the date of termination.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right, in its sole discretion, to change, modify, add or delete any part of these Terms and Conditions at any time without further notice. If we do make any such changes, we shall post the changes on our Site and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of our Site after any such changes constitutes your acceptance of the amended Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions so that you will be aware of any changes.
26. LAW AND JURISDICTION
26.1 The Contract shall be governed by and construed in all respects in accordance with the laws of England and Wales. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to the Contract. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with these Terms and Conditions, these Terms and Conditions shall prevail.
26.2 Subject to Section 26.3 you and we submit to the exclusive jurisdiction of the courts of England and Wales and agree that in respect of proceedings in England and Wales and in any other jurisdiction, process may be served on either of them in the manner specified for notices in Section 14. The rights set out in this Section 26.2 are in addition to any other manner of service permitted by law at the time when service is made.
26.3 Nothing in this Section 26 shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
26.4 It is your obligation to acquaint yourself and to comply with all applicable requirements and restrictions imposed by law or by governmental and other authorities or corporations relating to the possession, use, import, export, sale or resale of the Sale Item. It is your obligation to ensure that no Sale Item is exported or imported in violation of the laws of any jurisdiction into or through which the Sale Item is transported during the course of reaching us or you.