TERMS AND CONDITIONS FOR THE PURCHASE OF VINYL RECORDS
As the Buyer, we make an expression of interest to purchase vinyl records from you through www.secondhandvinylrecords.co.uk or other means. You, the supplier, by sending vinyl records to us, agree to supply the records subject to these conditions which shall govern the Contract. Once we receive the Goods, we will make a detailed valuation of the vinyl records and offer a price for them. As the Seller, you may accept, reject or make a counter offer to the valuation given by us. The contract is formed when the offer or counter offer is accepted. Any reference to the Buyer’s valuation or like document shall be solely for the purpose of describing the Goods to be purchased and no terms and conditions endorsed upon, delivered with or referred to in such apply to the Contract.
2.1 In these Conditions:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“the Buyer” means D-Isla Limited a company registered in the UK whose registered office is at 1 Blacksmith Lane, Boothby Graffoe, Lincoln, Lincolnshire LN5 0LQ. Sometimes referred to as Us/We/Our;
“these Conditions” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
“the Contract” means the contract for the sale and purchase of the Goods constituted by the Seller’s acceptance of the valuation in accordance with these Conditions;
“the Delivery means the address of the Buyer;
“the Goods” means the goods (including any instalment of the goods or any part of them) described in the valuation;
“the Price” means the price of the Goods;
“the Seller” means the person so selling vinyl records to the Buyer, sometimes referred to as supplier/you/your;
“Specification” includes any plans, drawings, data or other information relating to the Goods; and
“Writing” includes facsimile, transmission, electronic mail and comparable means of communication.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- Basis of Purchase
3.1 The Buyer, through their website www.secondhandvinylrecords.co.uk or by any other mode of communication, makes an expression of interest to receive used vinyl records.
3.2 You, the Seller, may contact us by email setting out the number of vinyl records you wish to sell. The email is: BuyMyRecords@secondhandvinylrecords.co.uk
3.3 Upon receiving the details of the records to be sold, the Buyer may provide a valuation guide before the records are sent, which does form part of the Contract. The price guide in no way reflects the final value of the record or any payment you may receive.
3.4 If you are happy with the price guide, you must send the records to us for formal valuation.
3.5 Once the Buyer receives the records, a detailed inspection will be carried out on each record. Thereafter, a total valuation for all the records will be given to the Seller.
3.6 The valuation constitutes an offer by the Buyer to purchase the records subject to these Conditions.
3.7 An offer which is capable of acceptance is made only after a valuation of the records is sent to the Seller. Therefore, no offer is made by the Buyer until the records are physically inspected and a valuation is given to the Seller.
3.8 The Seller may accept the valuation given by the Buyer. A binding contract subject to these conditions shall exist upon the acceptance of the valuation, in writing or orally;
3.9 Any typographical, clerical or other accidental error or omission in the valuation placed by the Buyer or in any drawings specifications, instructions, tools or other material supplied by the Buyer, shall be subject to correction without any liability on the part of the Buyer.
3.10 No variation to the Contract shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
4.1 The quantity, quality and description of the Goods shall, subject to as provided in these Conditions, be as specified in the valuation and/or in any applicable Specification supplied by the Buyer to the Seller or agreed by the Buyer.
4.2 The Seller shall not disclose to any third party or use any such Specification except to the extent that it is or becomes public knowledge through no fault of the Seller, or as required for the purpose of the Contract.
4.3 The Goods shall be marked in accordance with the Buyer’s instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.
4.4 It shall be the responsibility of the Seller to securely pack and ensure safe delivery of the records to the Buyer. Any loss or damage to the Goods during transit may affect the final valuation, and therefore, it is the Seller’s responsibility to ensure safe and secure packaging.
4.5 The Seller shall comply with all applicable regulations or other legal requirements concerning, packaging and delivery of the Goods.
4.6 The Buyer shall send a pre-paid postage label to the Seller which can be used on the packed parcel.
4.7 Provided that the Seller sends a list of all the records they wish to send for valuation, the Seller shall receive a price guide of low to high valuations for the said records from the Buyer. The price list provided by the Buyer at this stage serves as a guide only and does not form an offer capable acceptance.
4.8 In practice, the actual price for each record is likely to be the average of the lower and upper limits of the guide price of each record.
4.9 If as a result of inspection or testing the Buyer is not satisfied that the goods will comply in all respects with the Contract, and the Buyer so informs the Seller within seven days of inspection or testing, the Seller may accept a reduced valuation.
4.10 Depending on the condition of each record, the valuation could be less than the lower end of the guide price, especially if the records are unplayable. However, as a general guide, most records in good condition tend to get an average of the lower and upper limits of the guide price.
4.11 Where the Seller accepts the valuation, the Buyer shall pay the Seller the total sum mentioned in the valuation within seven business days of such valuation.
4.12 Where the Seller is not satisfied with the valuation provided by the Buyer, the Seller may request the records be returned to them.
4.13 If requesting the return of the records, the cost of return postage shall be paid by the Seller.
5.1 The Price of the Goods shall be as stated in the valuation and, unless otherwise so stated, shall be:
5.1.1 exclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoices); and
5.1.2 inclusive of all charges for shipping and delivery of the Goods to the Delivery Address.
5.2 The Price for the records shall be given by the Buyer in form of a valuation. You may accept the valuation price or refuse it.
5.3 Payment for shipping mentioned at para 5.1.2 is sent to the Seller by way of a pre-paid postage label sent by the Buyer.
5.4 Accepting the valuation of the Goods is of the essence of the Contract.
6.1 The Seller shall be entitled to invoice the Buyer on or at any time after accepting the valuation.
6.2 Unless otherwise stated in the valuation, the Buyer shall pay the Price of the Goods within seven business days.
6.3 The Buyer shall be entitled to set off against the Price any sums owed to the Buyer by the Seller.
6.4 The Buyer shall make payments via banks transfer or PayPal.
6.5 The Seller is responsible for providing the Buyer with the correct payment details. If any part of the payment details is incorrect and it results in the funds going to a different account, the Buyer may try to resolve the issue.
6.6 However, it is the ultimate responsibility of the Seller to provide accurate payment information to the Buyer to secure payment.
6.7 No payment shall be made to the Seller until the Buyer is in possession of the records.
7.1 The Buyer shall pay the cost of receiving the Goods for valuation. We shall send you a pre-paid postage label to your email address.
7.2 One you receive a postage label from us, you must securely pack the records, affix the printed postage label to the parcel and take it to a drop off centre.
7.3 The Goods shall be delivered to the Delivery Address within the period required under the pre-paid postage label.
7.4 A packing note clearly quoting any reference numbers must accompany each delivery or consignment of the goods.
7.5 If the goods are to be delivered by instalments, the Contract will be treated as a single contract and not severable.
7.6 Packages shall not weigh more than 15 kg each. If they weigh more than 15 kilos, the overweight packages must be split into multiple packages with a maximum weight of 15 kilo grams or less.
7.7 The Buyer shall provide a pre-paid postage label for each package.
7.8 The Seller shall mention the number of records they intend to enclose in each package.
7.9 We cannot, however, have ten packages with ten individual records because the postage would be prohibitive. As a guide, it is possible to package about 60 12-inch records for under 15 kg.
7.10 The Buyer shall be entitled to reject any Goods delivered which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them following delivery.
7.11 The Seller shall supply the Buyer in good time with any instructions or other information to enable the Buyer to accept delivery of the Goods.
7.12 Upon delivery, where the Seller is unsatisfied with the price mentioned in the valuation, the Seller may request the Goods be returned to them,
7.13 Where the Goods are to be returned, the cost of return postage shall be paid by the Seller.
7.14 Where the Seller does not accept our offer or does not pay for the return postage, we, the Buyer, may take steps to sell the Goods pursuant to Section 12(2) and Schedule 1, Part 1 of the Torts (Interference with Goods) Act 1977.
8.1 Where the Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
8.2 The Seller warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall:
8.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
8.2.2 be reasonably fit for purpose; and
8.2.3 be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Seller.
8.3 The Seller shall not be liable for a breach of any of the warranties in condition 8.2 unless:
8.3.1 the Buyer gives written notice of the defect to the Seller, and, if the defect is as a result of damage in transit to the carrier, within 14 days of the time when the Buyer discovers the defect; and
8.3.2 the Seller is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Seller’s cost for the examination to take place there.
8.4 The Company shall not be liable for a breach of any of the warranties in condition 8.2 if:
8.4.1 the Buyer makes any further use of such Goods after giving such notice; or
8.4.2 the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice.
8.5 Subject to condition 8.3 and condition 8.4, if any of the Goods do not conform with any of the warranties in condition 8.2 the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Seller so requests, the Buyer shall, at the Seller’s expense, return the Goods or the part of such Goods which is defective to the Seller.
8.7 We categorise vinyl quality in the following way:
• Mint (M)
• Near Mint (NM)
• Very Good Plus (VG+)
• Very Good (VG)
• Good (G)
• Fair (F)
- Risk and Property
9.1 The Seller shall package the records in a secure manner to ensure that the Goods do not get damaged. The Seller’s bears the risk of loss or damage to the Goods if such loss or damage is caused by poor packaging.
9.2 The property in the Goods shall pass to the Buyer upon the valuation being accepted by the Seller.
10.1 The Buyer may assign the Contract or any part of it to any person, firm or company.
10.2 The Seller shall not be entitled to assign the Contract or any part of it without the prior written consent of the Buyer.
11.1 The Seller warrants to the Buyer that the Goods:
11.1.1 will, both at the time of delivery and for a reasonable period of time thereafter, be of the best available design, quality, material and workmanship and conform in all respects with the valuation and Specification;
11.1.2 will be free from defects in design, material and workmanship;
11.1.3 will correspond with any relevant Specification or sample; and
11.1.4 will comply with all statutory requirements and regulations relating to the sale of the Goods.
12.1 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Buyer as a result of or in connection with:
12.1.1 breach of any warranty given by the Seller in relation to the Goods;
12.1.2 any claim that the Goods infringe, or that their importation, use or resale, infringes, the patent, copyright trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any Specification supplied by the Buyer;
12.1.3 any act or omission of the Seller or its employees, agents or sub-contractors in supplying, delivering or installing the Goods.
12.1.4 all claims by the customers of the Buyer (and their sub-buyers) arising out of any breach whatever by the Seller of this contract for sale.
13.1 Without prejudice to any other right or remedy which the Buyer may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of the Contract the Buyer shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by the Buyer:
13.1.1 to rescind the valuation;
13.1.2 to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the basis that a full refund for the Goods so returned shall be paid forthwith by the Seller;
13.1.3 at the Buyer’s option to give the Seller the opportunity at the Seller’s expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;
13.1.4 to refuse to accept any further deliveries of the Goods but without any liability to the Seller;
13.1.5 to carry out at the Seller’s expense any work necessary to make the Goods comply with the Contract; and
13.1.6 to claim such damages as may have been sustained in consequence of the Seller’s breach or breaches of the Contract.
14.1 The Buyer shall be entitled to cancel the Contract in respect of all or part only of the Goods by giving notice in writing to the Seller at any time prior to the valuation, in which event the Buyer’s sole liability shall be to return the Goods to the Seller in respect of which the Buyer has exercised its right of cancellation.
14.2 The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving notice to the Seller at any time if:
14.2.1 the Seller makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction; or
14.2.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Seller; or
14.2.3 the Seller ceases or threatens to cease, to carry on business; or
14.2.4 the Buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.
- Force Majeure
15.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 15.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
15.2 Sub-clause 15.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
15.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
15.4 If and when the period of such incapacity exceeds six months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by fax or sent by electronic mail:
16.1.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
16.1.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Seller set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
16.2 Communications shall be deemed to have been received:
16.2.1 if sent by pre-paid first-class post, two Business Days after posting (exclusive of the day of posting); or
16.2.2 if delivered by hand, on the day of delivery; or
16.2.3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
16.3 Communications to and from the Buyer is preferred via electronic mail.
16.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Buyer of any breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
- Third Party Rights
A person who is not a party to the Contract shall have no rights under this Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Governing Law and Jurisdiction
The Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.