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Terms and Conditions

Last Update: 11th November 2013


These Terms and Conditions (together with the documents referred to in it) set out the terms and conditions on which we provide Quotes, purchase and sell back Sale Items and supply any of the services listed on our website www.62days.com (our site) to you (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 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, Golders Green, London NW11 7PH.  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 accept Sale 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 Sale Item is exported or imported in violation with such restrictions.

In order to use the Services offered by our site, you are required to open an account (Account) by providing us with your email address and by selecting a password which will enable you to access your Account and profile. In order to activate your account, we will need to verify your email address by sending you a confirmation email with a link to our site. You must then click on the link, which will direct you to our site and will complete the verification process.

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.

 

3.2     We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.  The privacy policy forms part of these Terms and Conditions and we expect you to read the linked document carefully.

 

4.             Your item, quotes and how the contract is formed between you and us

4.1      General Overview

This Section 4 describes the process for selling your 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 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.

If you are considering selling an item of yours to us using our site, the first step is to provide us with a description and/or a picture of the item you wish to sell and request a quote setting forth the amount we are willing to pay for such item. Upon providing us with such description and/or picture, we may (i) provide you with a quote, (ii) provide you with a quote range (stating the minimum and maximum amount for your item), (iii) request further information about the item in order to provide a quote or adjust a quote already given, or (iv) notify you that we are not interested in purchasing the item. If and once we have provided you with a quote, you may then offer to sell us your 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) accept your offer to sell us your item at the quoted price, (ii) provide you with a revised final quote within the initial quote rangfe, (iii) reject the item and send it back to you or (iv) provide you with a revised quote based on our inspection.  If we provide you with a revised quote, you may elect to offer us the item for sale at the revised quote or request that the item be sent back to you.

If (i) we accept your offer to sell your item to us 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 item pursuant to payment instructions provided by you on our site.  You will then have 62 days from the date of payment to buy back your item from us for the same price we paid you for it.  If you elect to buy-back your item, you must notify us prior to the 62nd day from the date of payment by us and transfer payment to us within 10 days of notification. Upon receipt of payment from you of the exact amount set forth in the quote or the revised quote, as applicable for your item (without any deductions), we will send you back the item.

For the purposes of these Terms and Conditions, a “Day” shall mean a period of twenty four (24) hours beginning from the time of the triggering event. For example, in the event that notification (a triggering event) is given at 1 p.m., a 10 day period will expire at 1 p.m. on the tenth day.  Accordingly, when you are required to take action by a certain day, it is advisable to take such action by the day preceding the last day (for example, if you are required to give notice by the 62nd day until 1 p.m., give such notice by the end of the 61st day in order to ensure that you do not miss the deadline).


4.2      Quote

To request a quote (Quote) of what price we are willing to pay you (Quote Price) to purchase an item (Sale Item) you want to sell us, you will provide us with a complete and accurate description of the Sale Item and / or a clear photograph of the Sale Item. We might provide you qith a quote range (Quote Range) rather than a Quote Price, indicating the minimum and maximum price for your item.  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 of our site which you can access after logging in (My Account Area). After receiving such further information, we may provide you with a Quote or Quote Range, if one was not initially provided, confirm the Quote or Quote Range we have already provided or adjust the Quote or Quote Range we have already provided by providing a Revised Quote (as defined below).

By requesting a Quote, you represent and warrant to us that the statements made in Section 9.2 below are true and correct.

The decision of whether to provide you with a Quote or Quote Range and the amount of such Quote / Quote Range is at our sole discretion.  We may decide to not supply you with a Quote for any reason or for no reason.

The Quote / Quote Range is provided to you for the purposes of selling your item to us via our site. 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.

Unless you advise us otherwise, or we indicate a different assumption, Quote Prices provided for the following items will be based on the following assumptions;

4.2.1         For diamonds, we will assume a G colour, VVS1 clarity and round brilliant cut;

4.2.2         For precious stones such as rubies, sapphires and emeralds, we will assume they are natural precious stones; and

4.2.3         For cultured pearls, we will assume they are sea water cultured pearls.

As described in Section 4.7 and 4.10 below, we reserve the right to reject a Sale Item or provide you with a Revised Quote Price if the Sale Item does not conform or is unlikely to conform with (i) the above assumptions, (ii) any other assumptions based on which we provided the Quote Price or (iii) any description, specification or picture supplied by you to us with respect to the Sale Item.


4.3      Selling Your Sale Item

If you wish to sell us the Sale Item for the Quote Price / Quote Range Price you can inform us via the My Account Area within 72 hours of us notifying you of the Quote Price / Quote Range Price.  If you do not notify us within 72 hours of us providing you with a Quote and then wish to proceed, you will be required to repeat the process from the beginning, as outlined at Section 4.2. In such case, we may, in our sole discretion, not provide you with the same Quote Price or any Quote at all.

After informing us of your decision to sell us your Sale Item for the Quote Price within the above 72 hour period, 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.


4.4      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 by, details of time for pick-up and details of your chosen method of payment (from the selection provided on our site) for receipt of the Quote Price in the event that we accept your offer to sell us the Sale Item. 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 email and will also appear in the My Account Area (Waybill). You should print out the Waybill and provide it to our Agent upon pick up. 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.

Our address:

62days.com Ltd

20 North End Road

London

NW11 7PH

UK

In the event that you do not print the Waybill provided to you but reproduce the delivery details in writing:

4.4.1   Our Agent will provide you with a new air way bill and tracking number for the Sale Item (New Waybill);

4.4.2   You must keep a copy of the New Waybill and make sure our Agent signs your copy; and

4.4.3   You must contact us to inform us of the details of the New Waybill.


4.5      Packaging

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 transporting. 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. We or our Agents will not be responsible for any damage caused to a Sale Item that was not properly packaged by you.


4.6      Shipping Process and Costs

If, prior to or after pickup 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 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.


4.7      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 kept until the 62nd day (defined below) and 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 does not conform 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, we shall inform you and we shall be entitled to avail ourselves of any one or more of the remedies contained at Section 4.10.

In order to verify the condition of a Sale Item or the material from which a Sale Item may be made, it may be necessary for us to conduct certain tests on the Sale Item. 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.


4.8      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:

4.8.1         accept your offer to sell us the Sale Item at the Quote Price and send you payment;

4.8.2         reject the Sale Item and arrange for its return to you; or

4.8.3         revise the Quote Price and provide you with a different price we are willing to pay for the Sale Item (Revised Quote Price).

4.8.4         approve, in our sole discretion, the Final Price of a Quote Range Offer and send you payment.


4.9      Acceptance; the Contract

Your notification to us, after your having been provided with a Quote Price or Quote Range Price indicating that you wish to sell us your Sale Item at the Quote Price or the Quote Range constitutes an offer to us to buy your 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 purchase the Sale Item at the Quote Price or Final Price of a Quote Range Offer.

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 4.10 – 4.12 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.

Without prejudice to any other right or remedy which we may have, we shall be entitled, at our sole discretion, to reject the Sale Item and return it to you to the address from which it was picked up for any reason or for no reason.


4.10    Rejection; Revised Quote Price

Without prejudice to any other right or remedy which we may have, if the Sale Item does not conform or is unlikely to conform with any description, specification or picture supplied by you, or with any assumptions based on which we provided the Quote Price or Quote Range Price, we shall be entitled to, at our sole discretion:

4.10.1      reject the Sale Item and return it to you; or

4.10.2      provide you with a Revised Quote Price.

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.


4.11    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.


4.12    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.


4.13    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 accepted our offer to purchase the Sale Item at the Revised Quote Price, and we will pay you the Revised Quote Price using the payment details provided by you  in your My Account Area.


4.14    Return of Your Item

If the Sale Item is to be returned to you pursuant to Sections 4.10 or 4.12 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 any case 62days reserves the right to charge you for insurance and delivery costs at our own discretion before sending back your item.

For parcels up to 2.5 kg the following charges for insurance and delivery may occur, in accordance with the quote price:

For quote price 250€ and below:        48.50€

For quote price 251€ to 1000€:          60.00€

For quote price 1001€ and above:     90.00€

 

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 4.15 below.


4.15    Disposal of Your Item

If you fail to pay in advance any delivery charges as required under Section 4.14, 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.  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.


4.16    Loss or Damage in Transit

4.16.1       Your 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 signed declaration from you confirming that the Sale Item was legally owned by you;

(iv)       a receipt, proof of purchase or proof of ownership of the Sale Item;

(v)        a proof of your address (e.g., utility bill); and

(vi)       a copy of your identity papers, which may include your driver’s license or passport.

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.

4.16.2       Making a Claim

If it is found, following completion of an investigation pursuant to Section 4.16.1, 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 4.16.1 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 4.16.2.  Following receipt of your written claim we will pay you the Quote Price, Revised Quote Price or minimum amount of Quote Range, as applicable, less the excess set out in Section 4.16.2(a) or 4.16.2(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, Revised Quote Price or minimum amount of Quote Range, 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 4.16, the parties acknowledge and accept that the Quote Price, Revised Quote Price, minimum amount of Quote Range 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 ownership, condition, shipment or otherwise, you shall be responsible for all costs, losses and damages caused to us as a result of such fraudulent statements.

4.16.3       Recovery of Your Item After Reimbursement

In the event that you make a claim pursuant to Section 4.16.2 and we reimburse you for the Sale Item in accordance with Section 4.16.2, 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 8. 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 4.16.

4.16.4       Partial Damage

Without limiting the other provisions of this Section 4.16 or our rights under Section 4.8, 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)         We may 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 4.14.

(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 forfeit any buy back entitlement you may have under Section 8 and shall waive any claim you may have against us or our Agents in connection with the Sale Item (including the damage).


4.17    Insurance

From the time we pick up your Sale Item and, unless we purchase your Sale Item in accordance with Sections 4.9 and 5, until we return it to you, we shall insure the Sale Item at a value equivalent to its Quote Price or minimum amount of Quote Range.

If you would like us to increase the amount for which your item is insured during transit, please give us a call before the pickup to discuss this further.

In the event that we purchase your Sale Item in accordance with Sections 4.9 and 5, after we pay you the Quote Price or Revised Quote Price, as applicable, we will keep the Sale Item insured by a reputable insurance company for damage or theft until the 62nd day, at a value equivalent to twice the price we paid for the Sale Item.

 

5.             Price and payment

5.1      The price paid for a Sale Item 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 method of payment and currency set out in the My Account Area, which you may modify in the My Profile section of our site. If the method of payment selected involves any currency conversion or banking charges the payment of these will be your responsibility.

5.2       Should the Quote Price or the Revised Quote Price (as applicable) for your Sale Item include a voucher, this voucher will be valid for the initial 62 days buyback period, plus an additional 3 months after that.

After the time has elapsed, the voucher is void and cannot be used anymore.

 

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 8, 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 4.7; and

6.3.3         use reasonable efforts to maintain the Sale Item in reasonable condition and keep it insured, as set forth in Section 4.17, 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.             Cancellation of Sale

7.1      If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) 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 in accordance with the procedure set out in Section 8.

7.2      To cancel a Contract as a consumer, you must inform us in writing in accordance with Section 13 below.

 

8.             Buyback

8.1      Entitlement

Subject to the provisions of this Section 8 and subject always to Section 4.16 you are entitled to buy the Sale Item you sold us back from us at any time prior to the 62nd day.


8.2      How to Buy Back Your Item

If you wish to buy back the Sale Item in accordance with this Section 8:

8.2.1      you must inform us via the My Account Area prior to the 62nd day (Notification);

8.2.2      you must adhere to the conditions set out in Sections 8.2 to 8.5 inclusive;

8.2.3      payment for the Sale Item must be done immediately (if using PayPal) or must be credit to our account within ten (10) days (if using bank transfer) of you informing us that you would like to exercise the buy back option, provided that your Notification was made prior to the 62nd Day. For the purposes of this Section 8.2.3, a notification from your bank that payment to our account has left your account in time 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 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 8.2 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 and without notifying you any further.


8.3      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 / transaction 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.


8.4      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 insurance and delivery.

In any case 62days reserves the right to charge you for insurance and delivery costs at our own discretion before sending back your item.

For parcels up to 2.5 kg the following charges for insurance and delivery may occur, in accordance with the quote price:

For quote price 250€ and below:        48.50€

For quote price 251€ to 1000€:          60.00€

For quote price 1001€ and above:     90.00€

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 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 8.4.


8.5      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 8 and ownership of the Sale Item shall irrevocably pass to us.

 

8.6      If you have exercised your right to buy back a Sale Item pursuant to the provisions of this Section 8, you may be able to offer to sell us such Sale Item again pursuant to the provisions of Section 4.

In any event, we reserve the right, in our sole discretion, not to provide you with the same Quote Price we previously paid for such Sale Item or any Quote at all and to charge you for all costs occurring, including transportation, storage and insurance relating to this Sale Item.

 

9.             Your Obligations

9.1      You shall:

9.1.1            co-operate with us in all matters relating to the Services;

9.1.2            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;

9.1.3            keep your profile in the My Account Area updated.

9.1.4            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.

9.2      You warrant that:

9.2.1            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;

9.2.2            you are the sole legal and beneficial owner of the Sale Item;

9.2.3            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;

9.2.4            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;

9.2.5            any description, specification or picture supplied by you to us in relation to a Sale Item, is true, accurate and not misleading;

9.2.6            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.

 

10.          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.

 

11.          Our liability

11.1    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 Contract to the extent that there is a Contract. The price of the Contract shall be the price for which we agreed to purchase the Sale Item.

11.2    This does not include or limit in any way our liability:

11.2.1          for death or personal injury caused by our negligence;

11.2.2          under section 2(3) of the Consumer Protection Act 1987;

11.2.3          for fraud or fraudulent misrepresentation; or

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

11.3    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 terminate the Contract between us, including but not limited to:

11.3.1   loss of income or revenue

11.3.2   loss of business

11.3.3   loss of profits or contracts

11.3.4   loss of anticipated savings

11.3.5   loss of data, or

11.3.6   waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.4    All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

12.          Set-off

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.

 

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.          Notices

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 legal@62days.com. We may give notice to you at either

14.1.1          the email 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 email 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 email that such email was sent to the specified email 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 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 Contract, or any of our rights or obligations arising under it, at any time during the term of such 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 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 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 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 the 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

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.

 

20.          Indemnity

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.          Waiver

21.1    If we fail, at any time to insist upon strict performance of any of your obligations under the 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 the 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.

 

22.          Severability

If any of these Terms and Conditions or any provisions of a 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 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 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 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 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.

 

24.          Termination

If you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms and Conditions 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 13. 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.

 

 

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