TERMS AND CONDITIONS:
THESE TERMS AND CONDITIONS ARE IMPORTANT, PLEASE READ THEM CAREFULLY;
• PLEASE NOTE THERE IS AN INHERENT RISK IN TRANSFERRING ITEMS BY POST OR COURIER. YOU MUST TAKE APPROPRIATE INSURANCE (ROYAL MAIL INSURE GOODS UPTO £2500) AND WE STRONGLY RECOMMEND THAT YOU DO NOT SEND FRAGILE ITEMS OR ITEMS OF HIGH OR SENTIMENTAL VALUE.
• WHEN SENDING ITEMS PLEASE PACKAGE THEM SECURELY.
• IF YOU ARE IN ANY DOUBT YOU MAY INSTEAD TAKE AN ITEM DIRECTLY TO ONE OF OUR BRANCHES [WHEN THEY ARE OPEN] OR CONTACT US DIRECTLY TO MAKE AN APPOINTMENT IF NECESSARY.
1. These terms and conditions govern our online pawn-broking and gold buying valuation service and the transportation of Your Property (defined below) to and from us (“Terms”).
2. By using our online pawn-broking and gold buying valuation service or having Your Property sent to us, you are making a legally binding contract with us governed by these Terms. No other person shall have any rights to enforce these Terms between you and us.
3. These Terms set out:
• 3.1 your legal rights and responsibilities;
• 3.2 our legal rights and responsibilities; and
• 3.3 certain key information required by law.
4. In these Terms:
• “Authorities” means any court, legal or regulatory authority, or legal enforcement agency (including the police)
• “Brown & Gold”, “we”, “us” or “our” means Brown & Gold Limited, a company registered in England and Wales with company registration number 07162707 and its registered office at Unit 4 Seacroft Shopping Centre, Seacroft, Leeds, LS14 6JD;
• “Site” means www.brownandgold.co.uk and all associated web pages;
• “You” or “your” means the person using our Site to use our online pawn-broking valuation service; and
• “Your Property” has the meaning given in clause 7.
5. If you do not understand any of these Terms or have any queries on them or our services then email contact@brownandgold.co.uk
6. We lend fixed sums of money on a secured basis at a fixed interest rate over a fixed period of time. Any loan is subject to us accepting Your Property as security, approving your application and you and us signing a formal Fixed-Sum Loan Agreement and Pawn Receipt which will be emailed to you for signature to confirm your agreement. We are obliged to provide you with certain information in the Fixed-Sum Loan Agreement and Pawn Receipt and before you enter into it, including the duration of the loan, the applicable %APR, how to cancel the loan, how to repay the loan early, the total amount you have to repay, and any charges that may be payable under the credit agreement if you are in default.
7. In order for you to provide us with the item(s) of your own property that you wish to use as security for your loan (“Your Property”), you can arrange the transportation of Your Property yourself using Royal Mail or another currier service. You are responsible for the insurance of the items at all times.
8. It is your responsibility and not Brown & Gold’s to ensure that Your Property is securely and appropriately packaged, including the use of additional and/or item specific packaging. Brown & Gold is not liable for any damage to, or reduction in value of, items arising in connection with them being packed and/or transported to and from us whether we provide you with any packaging materials or not.
9. In the event that Brown & Gold returns Your Property to you, we may do so using your packaging materials or our own (at our discretion), and we are under no obligation to keep your packaging or return it to you.
10. If you choose to despatch Your Property with an aggregate replacement value exceeding £2500 via Royal Mail Special Delivery with their maximum insurance cover, you agree that you are doing this entirely at your own risk and that Brown & Gold are not liable in any way for any amount of the replacement value of any items.
11. Whilst Royal Mail’s Special Delivery Service provides some insurance cover, you are responsible for deciding the mode and method of transport and consequences of doing so and Brown & Gold has no liability whatsoever in relation to the transportation of Your Property or loss, diminution in value or damage of Your Property arising in connection with them being packed and transported.
12. It is your responsibility to obtain and retain a receipt for shipping from the shipping agent. This receipt should include a unique tracking code. This receipt will be required for any insurance claim. You shall also ensure that you can produce photograph(s) of Your Property as well as at least one document per item of Your Property which will prove ownership by you and the current replacement value of Your Property. Please note that it is your responsibility to keep safe all documentation relating to Your Property that would be useful in support of an insurance claim, including, but not limited to any purchase receipts, shipping receipts, certificates, valuations, insurance documents and photographs. Please note the following clause from the Royal Mail’s insurance claim processes : “Royal Mail needs to ensure that unwarranted claims are not made and as such it retains the right to request further information from the claimant and to refuse claims that it suspects are unwarranted”.
13. You agree that we have no liability whatsoever if Royal Mail or our insurers refuse any claims in relation to Your Property.
14. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, provide you with a 14 day period in which you can cancel the contract with us, unless you request immediate performance of the service. You acknowledge that by transporting or asking us to arrange the transport of Your Property to us, you are making an express request for us to commence valuation and provide our services immediately and you waive your right to cancel. However, once we have valued Your Property and provided you with this valuation, you are not under any obligation to enter into a Fixed Loan Agreement with us, and may request the return of Your Property free of charge.
15. On receiving Your Property from you, we inspect the item(s), and compare Your Property to the original description supplied by you, in order to confirm that they match. We value Your Property on the assumption that the description provided by you is completely accurate. Should Your Property vary from the original description in a manner which affects the valuation, we may, in our absolute discretion, decline to lend money against the item or propose a loan amount and/or rate of interest that is higher or lower than the initial indication given to you for any reason, including but not limited to any difference in the actual quality of Your Property compared with our initial understanding of your original description or changes in the market for such item(s). Any valuation we provide to you is subject to us being able to formally identify you and you providing us with identification documents that meet our satisfaction, and you and us signing a Fixed-Sum Loan Agreement and Pawn Receipt within 14 days of us providing the valuation. After that date we may re-assess and vary the valuation if we feel it has changed.
16. You warrant and represent that:
• 16.1 you own Your Property, have good and marketable title to it, and are permitted to provide it to us and sell it;
• 16.2 that your description of Your Property is truthful, complete and accurate;
• 16.3 Your Property is free of all charges, pledges, claims, right of first refusal or any other encumbrance or anything else that may affect its value;
• 16.4 You are at least 18 years old;
• 16.5 You are legally capable of entering into a binding legal contract;
• 16.6 You are resident in England or Wales;
• 16.7 Your are accessing our Site from that country;
• 16.8 You understand that we take Your Property as security to lend money to you on which we charge interest, and that if you are unable to repay the loan amount (including the accrued interest) within the loan period, you may lose your right to redeem Your Property; and
• 16.9 You can reasonably afford to lose Your Property if you are unable to repay the loan and accrued interest and/or redeem Your Property.
17. We are entitled to presume and rely on the authenticity and lawfulness of any identification documentation provided to us.
18. Your use of our Site and applying to send any of Your Property to us means that you are agreeing to us processing your information in accordance with our privacy policy.
19. To determine the purity (carat) of gold items, we will first look at any UK hallmarking on pieces. For non-UK hallmarked items, or if there is any question of the veracity of markings or hallmarking, we may have to test Your Property using either acid or an electronic test. You accept that the process of appraisal of your items may result in tarnishing, staining and/or scratches and that we are not liable for any damage or diminution in value to Your Property in connection with such appraisals and tests.
20. Additionally, we have obligations if we suspect items we received are fraudulent, counterfeit, stolen, or the proceeds of crime. You acknowledge that as a result, we may be required to retain, surrender or destroy such items. In the event that we are obliged to retain, surrender or destroy Your Property pursuant to this clause, we shall have no liability to you for doing so. We will, however, try to inform you of our actions under this clause, save where we are requested not to do so by the Authorities.
21. Subject to the other provisions of these Terms, If you or us decide not to enter into a Fixed Sum Loan Agreement and Pawn Receipt, we will despatch Your Property back to you within 5 working days of you or us notifying the other that we will not be entering into a Fixed Sum Loan Agreement and Pawn Receipt. You will receive email confirmation of despatch, including your unique tracking code, on the day of despatch. If following our valuation you do enter into a Fixed Sum Loan Agreement and Pawn Receipt with us, we will arrange for Your Property to be returned to you following your redemption of Your Property in accordance with the Fixed Sum Loan Agreement and Pawn Receipt and our liability for transporting and returning Your Property will be as set out in these terms.
22. Should any insurance claim arise out of any loss or damage suffered in shipping Your Property, the replacement value(s) claimed will be according to our valuation of Your Property as described in clause 15 above, whether you proceed to enter into any Fixed-Sum Loan Agreement and Pawn Receipt or not.
23. We are not under any obligation to take any special care of Your Property that is particular to Your Property and we will not insure Your Property. We recommend you take steps to insure Your Property yourself.
LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THE CLAUSES BELOW:
24. This clause 24 sets out our liability to you in contract and tort in respect of any breach of these Terms, your use of our online pawn-broking valuation service and our return of Your Property to you. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), and these Terms do not replace or affect your statutory rights.
25. Nothing in these Terms limits or excludes our liability for:
• 25.1 death or personal injury resulting from our negligence, or the negligence of 25.2 our employees, agents and subcontractors; or
• 25.3 fraud or fraudulent misrepresentation; or
• 25.4 any other liability that cannot be lawfully limited or excluded under English law.
26. We will not be liable for anything that is not caused by us or in our control, such as any loss or damage caused by (a) a carrier, (b) your inadequate packaging or failure to address a package correctly, or (c) us having to carry out a legal obligation in respect of Your Property.
27. Subject to the other provisions of these Terms, we are not liable for any:
• 27.1 loss of use of Your Property;
• 27.2 loss of opportunity;
• 27.3 loss caused by changes in market value;
• 27.4 loss of profit;
• 27.5 loss of business;
• 27.6 any loss or damage not caused by any fault or breach on our part.
28. For any loss or damage that we do cause to Your Property, our maximum liability will not exceed the monetary value of Your Property, and we shall not be liable for any unforeseeable losses or consequences that we did not know about. Given that the monetary value of Your Property may be less than its sentimental value to you, we repeat that you should not send such sentimental items by post or courier and should instead take them personally to one of our shops.
29. Where we cause damage to Your Property and that damage could be made good more economically by a repair, we will repair or pay the reasonable costs of repair.
30. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
31. We shall have no liability to you for any breach of these Terms or delay in performance of our online pawn-broking valuation service caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
32. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
33. These Terms, the shipping terms and any Fixed-Sum Loan Agreement and Pawn Receipt are in the English language. These Terms are only available in English and no other languages will apply to this contract.
34. If you want to make a complaint about the online pawn-broking valuation service, the lending process, shipping or the loan you can email support@brownandgold.co.uk, with brief details of your complaint and your account number. Our Customer Service staff will acknowledge your complaint by email. They will investigate and send you an initial response, having had access to an officer with the authority to settle the complaint (including, where appropriate, an offer of redress). Where appropriate, the member of staff investigating the complaint will not be any staff member who was directly involved in the subject matter of the complaint. This should take no longer than five business days, but most complaints may well be resolved by close of business on the business day after the complaint is received. If the complaint is not resolved by close of business on the business day after the complaint is received, we will send you a copy of this complaints handling procedure. If you are not satisfied by our response, you must contact the Customer Services Manager, who will respond by email within a further five business days. If you are not satisfied with the response from the Customer Services Manager, you can email chris@brownandgold.co.uk, the Director and responsible person, enclosing the responses already given to you. Your email will be handled by the director, who will respond by email within a final five business days. If within four weeks after receiving a complaint, we will send you either a final response or a response which explains why we are not in a position to resolve the complaint and indicates when we will make further contact. Complaints that we cannot settle within 8 weeks after the date of complaint may ultimately be referred to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0800 023 4567. You are able to contact the Financial Ombudsman service in writing, by email at complaint.info@financial-ombudsman.org.uk or by phone on 0300 123 9 123. For more information please visit financial-ombudsman.org.uk
35. While we try to provide you with any reasonable information that we have to help you in any dispute or claim that you may have with your shipping agent, you agree that we are not liable for any failure in the agent’s performance of its obligations to you.
36. To make a general enquiry concerning consumer credit licensing matters, please telephone the Financial Conduct Authority on 0300 500 0597 between 9am and 5pm Monday to Friday. To search the public register of consumer credit licences and interim permissions, please either telephone or visit the Financial Conduct Authority between 9.30am and 5pm or search online at https://register.fca.org.uk/.
37. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected, and the provision (or part-provision) in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.
38. These Terms and any dispute or claim arising out of, or in connection with, them, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. If you want to take court proceedings in relation to these Terms, the relevant courts of the England and Wales will have exclusive jurisdiction.
39.You agree that all notices and documents that we are entitled to send you may be delivered to you at the latest email address you gave us or in writing to the postal address you provided when setting up an account via www.brownandgold.co.uk.
TERMS LAST UPDATED: 08/04/2020