TERMS AND CONDITIONS
Set out below are the standard terms and conditions of Hatton Garden Metals
Limited ('HGML') which apply in
respect of the gold, silver, platinum and palladium buying services (the 'Services') offered via HGML’s website, www.hattongardenmetals.com (the 'Website'). References to 'Hatton Garden Metals',
'we', 'us' and 'our' are to HGML.
These terms and conditions are intended to be legally binding on you as customer
and user of the Services ('you'), so
please read them carefully.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO
THE PROVISIONS OF CLAUSE 5. If
you do not agree to these terms and conditions, please do not use the Services.
We are a private limited company registered in England and Wales with number
06426684 whose registered office is at 11 St. Cross Street, Hatton Garden,
London EC1N 8UB. Our VAT number is
926 1883 05.
Restrictions on using the Services
In using the Services, you hereby warrant to us in the following terms:
You are at least 18 years of age.
You have the capacity to enter into legally binding contracts.
You have good title to the gold, silver, platinum and/or palladium ('Metal') which you intend to sell to
us. Such Metal will, in the event of
a sale to us in accordance with these terms and conditions, be sold free from
any liability or adverse claim of any type whatsoever.
2.1.4 You are
using the Services privately, independently and in your personal capacity only
(and not on behalf of any other person) and you are not using them for any
commercial, business or retail purposes (whether directly or indirectly).
All information which you submit to us (irrespective of the manner in
which this is submitted) is true and accurate in all material respects.
If the Metal which you intend to sell to us is worth in aggregate £1,000
or more, you agree that you will provide us with such proof of identification as
we may require in order to satisfy our legal obligations.
Online sale forms, carriage and insurance
Online sale forms
Prior to using the Services, you will be required to complete and submit
to us an online sale form (located at
http://www.hattongardenmetals.com/sell-scrap-gold.aspx) (a 'Form'), whereby you will provide us
with details of the Metal you are selling, including the type of metal you are
selling, its quality and its weight (its 'Characteristics').
When you have filled in all of the relevant fields of a Form, you will be
provided with an indicative price (a 'Form
Price') for your Metal, together with a six digit job reference number ('Job Reference Number'). Please note that Form Prices are
automatically generated and are determined by reference to our headline metal
purchase rates (the 'Headline Rate')
on the date you complete the Form.
These rates are determined by us in accordance with London Metal fix rates,
which are dynamic and constantly changing. The amount which you eventually receive
for your Metal may not therefore be the same as the Form Price, as this is an
indicative valuation of your Metal only, and will be calculated by reference
to the prevailing Headline Rate (the 'Prevailing Rate') on the day upon which:
accept an Offer (as defined in paragraph 3.3) in accordance with paragraph 4.3.1
or 4.3.2; or
126.96.36.199 Post-Assessment Offer
(as defined in paragraph 4.3.3) in accordance with paragraph 4.5.1; or
188.8.131.52 Valuation Offer (as
defined in paragraph 7.2) in accordance with paragraph 7.3.
By completing and submitting a Form to us and by posting your Metal to
us, you are making an irrevocable offer (an 'Offer') to sell your Metal to us for
a price determined by reference to the Prevailing Rate (the
Carriage and insurance
Once you have submitted a Form to us electronically, you will need to
post your Metal to us. When posting
your Metal, please ensure that:
it is securely packaged;
it is accompanied by written/printed confirmation
of the Job Reference Number;
the package is correctly addressed (see paragraph 1 for our postal
have paid the correct amount of postage.
You are responsible for insuring your Metal whilst it is in transit to
us. Any claim which may arise for
loss or damage to your Metal prior to its receipt by us must be made against the
relevant postal service operator which you use.
When posting Metal to us, we recommend that you use the ‘Special
Delivery’ service currently operated by Royal Mail, which incorporates a £500
minimum/£2,500 maximum level of insurance cover.
If your Metal is worth in excess of £2,500, it may be advisable to send
items to us in separate Special Delivery packages in order to obtain more
comprehensive insurance cover or to increase the level of insurance cover.
On the first working day (i.e. Monday to Friday, but excluding Bank
Holidays) that we receive your Metal, we will send you an e-mail (using the
address specified in your Form) notifying you of this. Please note that we reserve the right
to reject and return to you (at your cost) by Royal Mail Special Delivery (or
such similar service as may be offered by another carrier) any package sent to
us if it appears to have been tampered with, damaged or opened, without
incurring any further liability. We
will notify you by e-mail if this is the case.
Within one working day following our receipt of your Metal, we will
complete an assessment (an 'Assessment')
of its Characteristics. To enable us
to accurately assess the Characteristics of your Metal, you agree to allow us to
carry out a variety of tests of both a destructive and non-destructive nature.
This may include (but shall not be
limited to) filing, melting, acid testing and dismantling and removal of stones,
workings and other non-precious metal items. This
process may result in Metal being permanently scratched, disfigured, stained or
broken. We shall not responsible for
returning Metal to the condition it was in when we first received it, nor shall
we be responsible for any losses (howsoever arising) which you may incur as a
result of any testing procedures which we undertake in accordance with this
An Assessment will result in the occurrence of one of the following:
Where we agree with your assessment of your Metal’s Characteristics (as
specified in the Form), we will accept your Offer. The provisions of paragraphs 4.4 will
Where we in our absolute discretion determine that that the actual weight
of your Metal is less than your assessment of its weight (as specified in the
Form) by not more than 2 grams, but we agree with your assessment of the other
Characteristics of your Metal, we will accept your Offer but shall only be
liable to pay you an amount representing the Contract Price for the weight of
the Metal actually received. The
provisions of paragraphs 4.4 will then apply.
4.3.3 Save in
the circumstances described in paragraph 4.3.2, where we do not otherwise agree
with your assessment of your Metal’s Characteristics (as specified in the Form),
we will not accept your Offer but will, instead, either provide you with an
offer to purchase your Metal based upon our determination of its Characteristics
(a 'Post-Assessment Offer') or return your Metal to you (at your cost) by
Royal Mail Special Delivery (or such similar service as may be offered by
another carrier). The provisions of
paragraphs 4.5 will apply if we make you a Post-Assessment Offer.
You will be notified by telephone or e-mail of the outcome of an Assessment as
soon as practicable after it is completed.
What happens where we accept your
If we accept your Offer in accordance with paragraphs 4.3.1 or 4.3.2, the
following provisions will apply:
will not be permitted to change your mind, or to amend or revoke your Offer.
4.4.2 On the
same day as you are notified by telephone or e-mail in accordance with paragraph
4.3, we will either arrange for an instruction to be made authorising payment of
an amount equivalent to the Contract Price to be made to either the UK bank or
PayPal account specified in your Form; or, if you have requested payment via
cheque or in Argos/Homebase gift vouchers, the cheque or vouchers for the
relevant amount will be sent to you by first class post.
What happens where we make you a
Any Post-Assessment Offer will be made by telephone and subsequently set
out in an e-mail which we will send to you as referred to in paragraph 4.3. Once you receive a Post-Assessment
Offer, you will have two options:
4.5.1 If you
wish to accept the Post-Assessment Offer, you must confirm this by telephone
(020 7404 4000) or e-mail (email@example.com) within five working
days of being contacted by telephone or e-mail in accordance with paragraph 4.3. The following provisions will then
184.108.40.206 You will not be
permitted to change your mind.
220.127.116.11 On the same day as we
receive your telephone or e-mail confirmation in accordance with paragraph
4.5.1, we will either arrange for an instruction to be made authorising payment
of an amount equivalent to the Prevailing Rate for your Metal to be made to
either the UK bank or PayPal account specified in your Form; or, if you have
requested payment via cheque or in Argos/Homebase gift vouchers or a Love2shop card, the cheque or
vouchers for the relevant amount will be sent to you by first class post.
4.5.2 If you
wish to reject the Post-Assessment Offer, you must confirm this by telephone or
e-mail within five working days of being contacted by telephone or e-mail in
accordance with paragraph 4.3.
Please note that, if you fail to notify us within this prescribed timeframe, you
will be deemed to have rejected the
Post-Assessment Offer. In both
circumstances, the Post-Assessment Offer will lapse and be incapable of
acceptance. The following provisions
will then apply:
18.104.22.168 You will be liable for
the postage and packaging costs associated with returning your Metal to you,
which we will arrange via Royal Mail’s Special Delivery service (or such similar
service as may be offered by another carrier).
Details of such costs will be provided to you by telephone or e-mail
within five working days of either our receipt of your e-mail rejecting our
Post-Assessment Offer or the lapsing of the Post-Assessment Offer through expiry
of time. The value of our
Post-Assessment Offer will be used to calculate the relevant insurance cover and
the postage costs which you will incur.
22.214.171.124 Once we have received
payment from you of the associated postage and packaging costs for returning
your Metal to you (either by cheque (made payable to 'Hatton Garden Metals
Limited') or bank (details available on request)), we will, within three working
days of receiving the same, arrange for your Metal to be returned to you by
Responsibility for Metal, limitation of liability and ownership rights
Responsibility for Metal and limitation of liability
Subject to the provisions of paragraphs 4.1, 4.2, 5.6 and 6, we shall
only be responsible for loss or damage to your Metal caused by our negligence or
breach of contract from the time that we accept delivery of the Metal. In such circumstances, we will be
responsible for losses which you suffer only to the extent that they are a
foreseeable consequence to both you and us at the time we receive your Metal,
limited to a maximum aggregate liability of the lower of:
Headline Rate applicable to the Metal on the date of the occurrence of such loss
and/or damage; and
We only provide the Services for domestic and private use. We have no liability to you for any
loss of profit, loss of business, business interruption or loss of business
You and any relevant third party shall be bound by these limitation of
liability provisions, including (without limitation) you and your successors,
insurance carriers and any other person or entity asserting any right or claim
in connection with your use of the Services.
Should your insurance carrier issue a subrogation claim against us in
circumstances where you instead could have brought such claim, we shall have no
liability and you expressly waive your right to any such subrogation claim on
your and your insurance carrier’s behalf.
We shall have no liability or responsibility for any failure to perform,
or delay in performance of, any of our obligations under these terms and
conditions caused as a result of acts or events which are beyond our reasonable
control, including (without limitation) strikes, lock-outs or other industrial
action by third parties, civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster, or failure of public or private
These terms and conditions apply in respect of the Services to the
exclusion of any other terms that you may seek to impose or incorporate, or
which are implied by trade, custom, practice or course of dealing.
These terms and conditions (together with
any communications issued pursuant to paragraph 4) shall constitute the entire
agreement between us and you in respect of the Services and you acknowledge that
you have not relied on any statement, promise or representation made or given by
us or on our behalf which is not set out in these terms and conditions or any
communications issued pursuant paragraph 4.
Nothing in this paragraph 5:
limit or affect our liability resulting from:
126.96.36.199 death or
personal injury caused by our negligence; or
188.8.131.52 fraud or
fraudulent misrepresentation on our part; or
affect your statutory rights.
If we return your Metal to you in accordance with paragraphs 4.1 or
4.5.2, we will no longer be responsible for any loss or damage to your Metal
from the point at which the Royal Mail (or other relevant carrier) takes
physical possession of your Metal.
Any claim you may have for loss or damage occurring during this time should be
made with the Royal Mail (or other relevant carrier) in accordance with the
terms of their service.
You will remain the owner of your Metal at all times unless and until
accept your Offer in accordance with paragraphs 4.3.1 or 4.3.2; or
accept our Post-Assessment Offer in accordance with paragraph 4.5.1,
at which point, ownership of the Metal will pass to us. Save as otherwise provided herein,
our only remaining liability to you in such circumstances will be to pay you the
amount specified in the relevant Offer or Post-Assessment Offer in accordance
with these terms and conditions.
If we return your Metal to you in accordance with paragraphs 4.1 or
4.5.2, you will remain the owner of the Metal at all times.
Nature of Offers and Post-Assessment Offers
We only buy gold, silver, platinum and palladium.
Any Offer made by you or Post-Assessment Offer made by us will be in
respect of all items which you have
sent to us. Irrespective of whether
we accept your Offer, or you accept or reject our Post-Assessment Offer, any
non-Metal items sent to us will not
be returned (unless you otherwise confirm to us in writing, in which case, you
shall be liable for the associated postage and packaging costs) and we shall
have no liability in respect of such items.
In addition to the Services, we also provide a Metal valuation service ('Valuation Service'). This service is particularly useful
if, for example, you are unsure of the quality of your Metal. The Valuation Service is operated in
accordance with the following terms and conditions:
In using the Valuation Service, you will still be required to complete a Form, in
which you will provide your estimations of your Metal’s Characteristics.
You will then be required to send your
Metal to us by post (see paragraph 3.4 above for details of postage
requirements) together with confirmation of your Job Reference Number and a
written cover note indicating that you wish to use the Valuation Service.
We will then provide you with an Assessment in accordance with paragraph
4.2 (having completed the same tests described in that paragraph). You will be notified by telephone (or
by e-mail in we are unable to contact you by this method) of the outcome of the
Assessment on the date upon which it is completed and be provided with details
of our offer, if any, for your Metal (a 'Valuation Offer').
You will then be required to either accept the Valuation Offer or reject
it. The process set out in paragraph
4.5 will apply in these circumstances, where:
references to a 'Post-Assessment Offer' shall be replaced with references to a
references to paragraph 4.3 shall be replaced with references to paragraph 7.2.
The responsibility and limitation of liability language contained in
paragraphs 5.1 to 5.6 (inclusive) shall also apply in respect of our Valuation
If we return your Metal to you in accordance with paragraph 7.3, we will
no longer be responsible for any loss or damage to your Metal from the point at
which the Royal Mail (or other relevant carrier) takes physical possession of
it. Any claim you may have for such
loss or damage should be made with the Royal Mail (or other relevant carrier) in
accordance with the terms of their service.
You will remain the owner of your Metal unless and until you accept our
Valuation Offer in accordance with paragraph 7.3, at which point, ownership of
the Metal will pass to us. Save as
otherwise provided herein, our only remaining liability to you in such
circumstances will be to pay you the amount specified in the relevant Valuation
Offer in accordance with these terms and conditions.
If we return your Metal to you in accordance with paragraph 7.3, you will
remain the owner of the Metal at all times.
The provisions of paragraphs 8 to 12 (inclusive) shall also apply in
respect of Valuation Services.
References in these paragraphs to 'Services' should be replaced with references
to 'Valuation Service' for this purpose.
Queries and complaints
If you have any queries or complaints in connection with any Services, please
either telephone, e-mail or write to us using the contact details described
herein and we will deal with these as soon as is reasonably possible.
Nothing in these terms and conditions grants you a licence to use any of our
trade marks or other intellectual property for any purpose whatsoever.
How we will use your personal information
We will use the personal information which you provide to us to:
10.1.1 provide the
10.1.2 process any
payment due to you in respect of such Services,
and for no other purpose.
We will not give your personal data to any third party and shall maintain
You agree to indemnify us against all liabilities, claims, losses, costs and
fees which we incur as a result of any breach by you of these terms and
conditions (including, but not limited to, claims brought by third parties).
Other important terms and conditions
Transfer of rights and enforcement
We may transfer our rights and obligations under these terms and
conditions to another organisation. We
shall notify you in writing if this happens, but any such transfer will not
affect your rights or our obligations under these terms and conditions.
Subject to paragraph 12.1, this contract is between you and us.
No other person shall have any rights to
enforce any of its terms.
Each of the paragraphs of these terms and conditions operates separately.
If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs shall remain in
full force and effect.
Governing law, jurisdiction and waiver
These terms and conditions are governed by English law and the parties to
them hereby submit to the exclusive jurisdiction of the courts of England and
Wales in respect of any dispute or claim
that arises out of or in connection with them.
No failure or delay by us in exercising any right, power, privilege or
remedy available to us under these terms and conditions or in law shall
constitute a waiver of that right, power, privilege or remedy.
Date of binding effect
These terms and conditions were published on 24th September
2012 and shall apply to and be effective in respect of all Services and
Valuation Services provided after such date.