The services available at http://www.cashconverters.co.uk and all other Cash Converters Online Auction Site urls are provided by Cash Converters (UK) Ltd (“Cash Converters”, “we”, “us” or “our”), located at, Innovation House, Aston Lane South, Preston Brook, Cheshire, WA7 3FY
This User Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at http://www.cashconverters.co.uk and all other Cash Converters Online Auction Site urls (the “Site”). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Cash Converters user. Please note: underlined words and phrases are click-through links to these pages and websites.
By agreeing to this User Agreement, you also agree that your use of other Cash Converters web sites will be governed by the user agreement posted on those other web sites.
We may amend this User Agreement at any time by giving you notice (“Notice”) by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below.
Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
We will only ship goods to mainland UK addresses; we do not ship to addresses outside of the mainland UK.
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.
At Cash Converters we have a legal obligation to avoid inadvertently buying stolen or fraudulently obtained goods from our Customers.
To help us avoid this we employ at store level a strict implementation of the CCUK National ID Policy, which will be adhered to on every transaction. (see links in the “sell to us” section). It consists of, but not in its entirety, the following:
As a buyer, you have a legal obligation to complete a transaction with Cash Converters:
a. if you purchase an item through one of our fixed price formats; or
b. if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this User Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item’s description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item’s description after a bid is placed or a clear typographical error is made. As a buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.
5.1 The price of any items will be as quoted on our site, except in cases of obvious error.
5.2 Prices include VAT (where applicable).
5.3 It is always possible that, despite our best efforts, an item listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedure. Where an item’s correct price is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatch, or reject your order and notify you of such rejection.
We are under no obligation to provide the item to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.4 Payment can be made by debit or credit card.
5.5 We can only process your purchase if you enter the card holder’s name as it is shown on the card being used for payment and the postcode that appears on the card statement. It is your responsibility to ensure that the payment details you enter on the website are correct and complete. We will not be responsible for supplying items if the details you submit when making your purchase are incorrect or incomplete.
No payment will be deemed to have been made until we have cleared funds and we will not accept your purchase or dispatch the products until we receive payment in full. Once funds have been cleared, you will receive your order within 5 workings days.
5.6 Confirmation of your payment will be displayed on screen once it has been authorised and accepted. You will also receive confirmation of the transaction to the email address you have provided.
When purchasing goods from Cash Converters stores via the auction site, Customers are entitled to assume:
1. The goods they are purchasing are of satisfactory quality
2. The goods are fit for all purposes for which they are supplied
3. The goods are safe and durable
4. That where any written description is applied to the goods, that the goods match that description
If the above are breached, customers may be entitled to certain remedies which include refund, repair or replacement. But you will need to contact the store the item(s) was purchased from.
When delivering the goods to the address, if a 3rd party at the address accepts delivery of the goods on your behalf, we are not responsible if this individual fails to pass the goods on to you.
Nothing in this Returns Policy shall affect the statutory rights of any consumer.
7.1 COOLING OFF PERIOD
If for any reason you are unhappy with an item you purchase, you the buyer may withdraw from the purchase within 7 working days after the day the item is delivered to you. The item must be returned to us in full working order as new or in the same condition as it was when purchased within 7 working days after the day the item was delivered to you. However we cannot accept cancellations of contracts for the purchase of audio, video, or DVD recordings, video games and software products where the item has been unsealed.
To cancel your purchase please include our dispatch note, place it with the item securely packaged (preferably in its original packaging) and send it to us so that we receive it within 7 working days after the day the item was received by you. For your protection we recommend that you use a recorded-delivery service.
You will be responsible for the costs of returning the item to us unless we delivered the item to you in error, or if the item is damaged or defective.
We will reimburse the relevant part of the purchase price for that item as soon as possible after receiving your notice of cancellation. We will only return the item’s original postage charge, if the item is confirmed to have been delivered in error or is damaged or defective.
7.2 RETURN OF SUBSTITUTE GOODS
The dispatch of Substitute Goods will only be fulfilled with the agreement of you, the buyer. In the event that we send you replacement items, we will be responsible for the normal postage costs of returning any replacements items to us, if deemed unsatisfactory within 10 working days.
7.3 RETURN OF DEFECTIVE GOODS
You, the buyer, must inspect the items as soon after delivery as is reasonably practicable and must notify the store in which you purchased the item(s) from within 5 working days from the date the items were delivered. The store information can be found on both your receipt and the dispatch note, however if you have difficulties contacting the store in question or cannot locate the relevant information to do so, please contact our Customer Services Department on 0845 0348271 or via email to firstname.lastname@example.org.
You must return any defective or faulty item to us within 10 working days from the date of delivery.
Provided you notify us of any defects and return the defective item within the periods set out above we will either replace your item on a like for like basis or we will refund your payment in full including the item’s original postage charge within 10 working days of the defective item being returned to us.
“Your Information” is defined as any information you provide to us or other users in relation to the Cash Converters service including the registration, bidding or feedback process, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent;
e. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
f. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
To enable Cash Converters to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
8.4 ACCESS AND INTERFERENCE.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Cash Converters by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Cash Converters and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
Without limiting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
When you use our website you will be asked to provide certain personal information. Your personal data will be held and used by and shared between the Cash Converters group of companies (“the Group”) and its franchisees (“Franchisees”).
What personal information is collected?
We may collect and use the following information:
Direct marketing and your preferences:
We may wish to provide you with information about new products, promotions, special offers of Cash Converters, the Group and Franchisees and other information which may be of interest to you and invite you to take part in market research. This communication may occur by post, telephone, email or SMS (unless you have asked us not to do so). We will obtain your consent where we are required to do so in accordance with applicable law. We will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will provide a simple means for you to refuse further marketing. For example, in emails it may provide you with an ‘unsubscribe’ link, or an email address to which you can send an opt-out request. We will stop any marketing to which you object or withdraw your consent to within a reasonable period, in order to allow sufficient time for the change to be administered. You can change your mind at any time about marketing by informing us by telephone on 01928 737410. In such cases Cash Converters would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.
Who do we share this information with?
Your personal information will be made available to our authorised service providers and third party suppliers which perform certain services onour behalf e.g. providing debt collection and debt tracing services, providing IT support and maintenance, providing hosting services andproviding marketing services. These service providers may have access to personal information needed to perform their functions on our behalf butare not permitted to share or to use such information for any other purpose. These service providers may be in other countries but where anyinformation is transferred abroad, your personal information will be safeguarded in accordance with the provisions set out below. In addition tothe direct marketing purposes explained above, we may share personal information with other companies within the Group and with Franchisees e.g.to the extent needed for proper management and parental analysis and decision making.
We may also disclose your personal data:
In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
When we believe that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of Cash Converters, other companies within the Group, Franchisees, customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce our terms or other agreements;
To prospective or actual buyers in the event of the sale or prospective sale of our business or assets, or to other companies within the Group in the event of a reorganization; and
To any person to whom your debt may be assigned.
We will not otherwise transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.
Third party personal information:
If you provide personal information about someone else (such as an alternative contact) then you should not do so without their permission. By providing us with someone else’s personal information you confirm that you have their consent to do so. Where information is provided by you about someone else, or someone discloses information about you, it may be added to any personal information that is already held by us and it will be used in the ways described in this agreement.
Will my personal information be transferred abroad?
The personal information you provide to us is processed in the UK. It may be transferred to other members of the Group and to Franchisees as described in previous paragraphs. Some of the companies to whom your personal information will be disclosed are located outside of the European Economic Area (“EEA”), in countries which do not provide the same level of protection to personal information (such as Australia and the United States). We will take steps to ensure that your personal information will be afforded the level of protection required of us under applicable data protection legislation and this notice.
If you object to your Information being transferred or used in this way please do not register.
How to get copies of or amend the information we collect:
You may request details of personal information which we hold about you under the Data Protection Act 1998 at any time. A small fee will bepayable, currently £10.00. If you would like a copy of the information held about you please write to: Group Compliance Officer, Cash ConvertersUK Ltd, Innovation House, Aston Lane South, Preston Brook, WA7 3FY.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Cash Converters (UK) Ltd must be sent by registered mail to, Innovation House, Aston Lane South, Preston Brook, Cheshire WA7 3FY and notices to you will be sent to the email address that you provide to Cash Converters during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a license to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Disputes between you and Cash Converters stores regarding our services may be reported to Customer Services, Cash Converters UK Ltd, Innovation House, Aston Lane South, Preston Brook, Cheshire, WA7 3FY or send an email to email@example.com.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Cash Converters, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Cash Converters are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
Terms and Conditions updated March 2014.