1. This Agreement
1.1 These terms and conditions form a legally binding agreement between you ("you" or "your") and British Gold Refinery ("we", "us" or "our"), which governs your use of our service. By our "service", we mean the services we provide via this website, including without limitation the transit, assessment and sale of any items sent to British Gold Refinery.
1.2 You should read these terms and conditions carefully. By using our service, you confirm that you have read and agreed to these terms and conditions. If you do not agree to these terms and conditions, you may not use our service.
1.3 These terms and conditions may change without notice. You should visit this web page or request a copy from us before sending your item(s) to us, as our service will be provided subject to the terms and conditions in force at the relevant time unless any change to them is required by law or government.
2. Your Use of Our Service
2.1 You can only use our service for your own personal use. You must be the owner of any and all items you wish to sell, or you must have full legal authority to carry out any transaction on behalf of the true legal owner of the item(s) or goods concerned. We reserve the right, but shall not be obliged, to ask for documented proof of ownership of any item(s) or goods, or for proof of your authority to transact with any such item(s) or goods.
2.2 You must be over eighteen years of age to use our service, and you must be a resident and have a bank account in the United Kingdom.
2.3 The Gold Calculator tool is intended as a guide only and any prices it displays does not constitute a binding offer from us. The tool works with the current 'spot price' or market price of gold, which varies constantly. We provide the tool for your convenience only, and you should not rely on the prices it displays.
2.4 By using our service, you warrant to us that:
- you are the legal owner of all item(s) you wish to sell and are fully authorised to sell such item(s) to us and can provide proof of ownership if requested;
- the item(s) are sold free of all encumbrances, liabilities and adverse claims whatsoever;
- the item(s) were not obtained nor purchased using funds generated from or the result of illegal activities or income in any part of the United Kingdom nor any other country.
2.5 When you request a Gold Pack, we may retain your personal information and use it for marketing purposes as well as for the purpose of providing our service. Unless you notify us otherwise in writing, you hereby consent to such use of your personal data.
3. Posting and Insurance
3.1 The "Gold Pack" means the packaging we send to you on request, for posting your item(s) to us. You must post your items to us either in the Gold Pack enclosed in the Royal Mail's Special Delivery envelope, or via our approved courier service. You must make sure you get a receipt from Royal Mail or the courier service and keep it in a safe place; this will be your proof that you sent the items to us.
3.2 The Royal Mail's Special Delivery service is insured against loss or damage in the post for up to £500, so if your item(s) are worth more than £500 in total, you should contact our customer services team and request an increase in the insurance, to a maximum of £2,500, before requesting a Gold Pack to be sent to you. We will not normally charge to increase the insurance, but we reserve the right to do so.
3.3 Our approved secure courier service is insured against loss or damage in the post for up to £20 per parcel or Gold Pack, so if your item(s) are worth more then this, you should contact our customer services team and request an increase in the insurance before posting them. We reserve the right to charge you for the cost of the courier service where the item(s) sent are of low value. Such charges may be deducted from any payments we make to you.
3.4 To make a claim on the insurance you will need your receipt as proof of postage, you must have sealed your item(s) in non-transparent waterproof packaging, and you will also need to have followed any instructions for posting issued by us and/or by Royal Mail and/or by the courier service, whichever you are using. All such claims should be made directly to Royal Mail or to the courier service.
3.5 In the event that you pay additional costs for insurance, we will refund such additional costs provided that [a] a sale of your item(s) has been agreed and [b] you provide us with the relevant receipt or proof of postage costs. If you do not provide us with the correct receipt or proof, your claim for additional insurance costs will be invalid.
3.6 We reserve the right to reject delivery of any package from any courier including Royal Mail at our discretion including but not limited to damage, opening, tampering or altering. If we do so, the responsibility for returning your item(s) lies with the courier or Royal Mail and we shall have no responsibility or liability to you.
4. Valuation and Offer
4.1 When we receive your item(s), we will make our own valuation of your item(s) based upon, but not restricted in any way to the weight and quality of the precious metal content. Our valuations are benchmarked against the live spot price, but may differ from that price for any reason.
4.2 You agree that as part of the valuation process we will test your item(s) to establish their precious metal authenticity and quality. The testing procedures may affect the value of your items should you decide not to sell them to us, for example test marks. We will accept no liability for any loss of value to your item(s) arising out of the testing and valuation process.
4.3 If you would like to receive a quote for precious stones, you must request this in writing and place the written request with the relevant items, within the Gold Pack. In the absence of the latter request we may dispose of any precious stone(s) or other non-precious metal materials contained within the Gold Pack, without paying any compensation to you. If you do not wish for us to make an offer on them, as per written request, it is your responsibility to remove any such stones or material before posting the item(s) to us.
4.4 Following the valuation process, we will inform you of the price we will pay you for the precious metals (the "Offer"), or that we are unable to verify your item(s) as gold or precious metals, using the contact details you have provided. We will endeavour to do this within 24 hours of evaluating the item(s). This Offer will be valid for 48 hours after which point, if a decision has not been communicated back to us, an automatic payment will be made.
4.5 While your item(s) are in our possession, we will use reasonable endeavours to keep them safe. In the event that they are lost or damaged through our gross negligence, we will be liable to you, subject to clause 8.
5. Payment to You
5.1 On accepting the Offer, subject to clause 4.4, we will dispatch the money into your bank account using the details you provide. We will endeavour to do this with immediate effect and within, but not restricted to 24 hours of your acceptance of the Offer. Your agreement to the Offer is considered final once your payment has been agreed.
5.2 When you accept the Offer, ownership of the item(s) will pass to us and will remain with us unless we return your item(s) in accordance with these terms and conditions. In the event of you acting as an agent of the true owner of the item(s) this clause shall be binding on that owner as if personally accepted by him or her.
Payment will be provided using bank transfer, cheque or cash. If you choose to be paid in 'cash' the payment will be dispatched to you via Royal Mail's Special Delivery service, within, but not restricted to 24 hours of the completed evaluation
5.3 If you choose to reject our Offer subject to clause 4.4, you must notify us of your rejection of the Offer in writing within 3 days of the initial Offer being made. If we do not receive a written response of rejection from you within three days of the initial Offer, we will deem you as having accepted the Offer and will make a payment automatically by cheque or bank transfer.
5.4 Payment for the item(s) will include VAT where applicable
5.5 Due to costs of processing, if the valuation of your items is less then £10, then no payment will be made.
6. Return of Your Item(s)
If you decide not to accept our Offer, we will return your precious metal(s) to you within ten days, FREE OF CHARGE, subject to the following clause:
6.1 If we verify your item(s) as non precious metals or are unable to verify your item(s) as precious metals; you may choose whether you want us to send the item(s) back to you or have us dispose of them. If you wish us to return them to you, they will be sent by ordinary mail and their return will be subject to postage and packing costs, up to a maximum of £10.00 plus VAT.
6.2 If you request your items to be returned they are dispatched to you via the Royal Mail standard post or signed delivery service. The return of your items does not include insurance. If you request your items to be returned and insured you are liable to pay for this service subject to Royal Mail's insurance costs.
7. Price Guarantee
7.1 In order to qualify for our 'Price Guarantee' you the customer must supply a formally written valuation report from an online business which can be verified via our valuation team.
7.2 The written valuation must be dated no more than three days prior to our receipt.
7.3 The written and signed valuation report must be attributable to the gold pack received and must be accompanied by a formal and signed test report, reflecting a breakdown of each item and must include item weights.
7.4 The Gold Pack, the valuation report and the test report must be received by our valuation department in the same package and clearly marked "Price Guarantee".
7.5 The valuation report given by any online business must confirm the fee that they are promising to pay you to scrap and refine the gold and not to polish/repair and resell to the public as jewellery.
7.6 We reserve the right to refuse any price match request for any reason at our discretion.
8.1 Our liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of this clause shall be subject to this provision.
8.2 We will not be liable for loss or damage to your item(s) while they are in our possession, except and to the extent that such loss or damage is caused by our gross negligence.
8.3 We will not be liable under any circumstances for any loss of profits or income, loss of opportunity, or other indirect, incidental, special, or consequential damages arising out of your use of our service, even if we have been advised of the possibility of such damages.
8.4 Our total aggregate liability to you under these terms and conditions shall be limited to one hundred pounds.
8.5 If you wish to make a claim under this clause, please request a claim form from us. In order for us to process the form, you must complete it accurately and in full, and send it to us in accordance with our instructions and including any supporting information or evidence.
8.6 You agree to fully indemnify us for and against any and all liability, claims, damages, losses, costs, legal and other reasonably incurred fees (whether paid in advance or not) arising out of any breach or claimed breach of these terms and conditions, including claims brought by third parties.
9. Intellectual Property
9.1 Nothing in these terms and conditions allows anyone to use any of our trademarks, logos, company names, advertising materiel, terms and conditions etc.
9.2 A breech of clause 9.1 will result in us commencing legal action towards all contravening parties.
10.1 Assignment: We may transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
10.2 Suspension of service: We reserve the right to suspend, restrict or terminate the service at any time for any duration of time and we accept no liability for any consequences suffered by you as a result of any such suspension.
10.3 No waiver: Any failure by us to enforce any provision of these terms and conditions at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
10.4 Severability: If any clause or part thereof in these terms and conditions is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining clauses or parts thereof shall survive and continue to be binding and enforceable.
10.5 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.
10.6 Force Majeure: We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.
10.7 Jurisdiction: These terms and conditions are to be governed by and construed in accordance with English law and any dispute or question in connection with them will be subject to the exclusive jurisdiction of the Courts of England and Wales.
11.1 We endeavour to respond to all complaints within thirty days. If you wish to make a complaint about any of our services, you may do so by contacting us in writing via the details provided by our customer services team (this does not affect your statutory right as a customer).