Terms and Conditions

 

1. Definitions  

a) "Instant Vintage" means Andrew Whiteley and Poppy Harman trading as Instant Vintage also referred to as "we" and "us" in these terms and conditions.

b) "Working days" means Monday to Friday excluding bank or other public holidays.

c) "Force Majeure" means any clause affecting the performance by us of our obligations arrising from acts, events, omissions, happenings or non-happenings beyond our control, including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

2. Orders

a) All contracts of sale made by Instant Vintage shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Instant Vintage is dealing.

b) All orders are subject to acceptance and to availability of the goods ordered. Instant Vintage is entitled to refuse any order placed by you.

c) The order acknowledgement we send you on receipt of your order is simply a confirmation, and not a guarantee of supply of goods.

d) You undertake that:

1. all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct and
2. the credit or debit card you use to make a purchase from us is your own, that you are authourised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

3. Cancellation

a) Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

4. Prices

a) All prices listed are in pounds sterling.

b) All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

c) We reserve the right to change prices without prior notice.

d) In the event a Instant Vintage product is listed at an incorrect price due to typographical error or systems error, Instant Vintage shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Instant Vintage shall issue a credit to your credit card account in the amount of the incorrect price.

5. Delivery, title and risk

a) Any time or date stated for delivery is an estimate only. Instant Vintage makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.

b) If we are unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Instant Vintage in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Instant Vintage after the above date, but before delivery of the goods or notification from Instant Vintage that the goods are ready for delivery.

c) For International purchases there are no restrictions on the export of our goods from the UK, however certain countries will impose import duties and taxes on goods. Any import duties and taxes liable on goods will be the responsibility of the customer and will not be included in the sale price.  

d) Instant Vintage does not accept liability for shortages or damage to deliveries unless the Customer notifies Instant Vintage of the shortage or damage in writing within 7 days of receipt of the delivery.

e) The customer has to accept the goods when they are ready for delivery.

f) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.

g) Title in the goods does not pass to the Customer until payment is received in full by Instant Vintage.

h) If the customer cannot accept delivery, Instant Vintage may at its option: (1) store and insure the goods at the Customer’s expense and risk or (2) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (3) re-arrange delivery provided that Instant Vintage may charge the Customer for the additional delivery costs incurred.

6. Payment

a) Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your goods.

b) You confirm that the credit/debit card that is being used is yours.

c) All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

7. Product specifications

a) Product specifications are listed as accurately as possible. However, we reserve the right to supply the goods subject to minor variations in actual dimensions and specifications without prior notice.

b) Colours of the products are shown as accurately as possible on the Instant Vintage website. However, because the colours you see will depend on your monitor, we cannot guarantee that there will not be variations between the colours depicted on screen and the actual colour of the products.

c) Instant Vintage cannot be held responsible for changes, errors or omissions resulting from incorrect specification information.

d) Special products and special offers are limited in supply. We reserve the right to withdraw these at any time. We cannot be held responsible if a special product or special offer is unavailable at the time you place your order.

e) If Instant Vintage cannot supply the goods ordered by the customer Instant Vintage reserves the right to offer goods of equal or superior quality at no extra cost. In such a case if the customer does not wish to accept the alternative goods offered, he or she may cancel the order and require a refund of any money paid to Instant Vintage in respect of that order. This shall be the sole remedy of the customer in these circumstances.

8. Warranties and returns

a) Instant Vintage is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.

b) All goods supplied by Instant Vintage are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by Instant Vintage will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.

c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000. Instant Vintage does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.

d) In the event that Instant Vintage, at its discretion (unless the Consumer Protection (Distance Selling) Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.

9. Instant Vintage's liability

a) Instant Vintage shall not be liable for any special or consequential damages or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Instant Vintage's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.

b) Nothing in this agreement shall limit Instant Vintages’ liability for death or personal injury caused by its negligence.

10. Health and safety

a) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Instant Vintage confirms that the goods it supplies as a distributor do not present a hazard to health and safety

1.when properly used for the purpose for which they are designed; and
2.if the Customer takes reasonable and normal precautions in their use.

11. Force majuere

a) Where in spite of its reasonable efforts, Instant Vintage is unable to perform an obligation due to Force Majuere, it shall not be in breach of its contract with the customer.

12. The Consumer Protection (distance selling) Regulations 2000

a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Instant Vintage website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”).

b) If the Regulations apply, Customers may cancel goods purchased from Instant Vintage by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Instant Vintage, 6 George Street, Bath, BA1 6PY or by E-mail to customerservice@instantvintage.co.uk.

c) The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.

d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Instant Vintage, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.

e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Instant Vintage and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

13. Omissions and errors

a) Every effort is made to ensure that all prices and descriptions quoted on the Instant Vintage website are correct and accurate. In the case of a manifest omission or error, Instant Vintage will be entitled to rescind the contract. Instant Vintage's liability in that event will be limited to the return of any money the customer has paid in respect of the order. 

14. General

a) Instant Vintage reserves the right to change or amend these terms and conditions at any time and without prior notice.

b) These terms and conditions, or any of them, may be terminated by Instant Vintage without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

c) Instant Vintage may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with Instant Vintage, Instant Vintage has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Instant Vintage. Instant Vintage has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.