UNCLESMONEY.CO.UK TERMS AND CONDITIONS OF SERVICE WITH CANCELLATION RIGHTS UNDER THE FINANCIAL SERVICES (DISTANCE MARKETING) REGULATIONS 2004
Unclesmoney.co.uk Terms and Conditions of Service
1. Unclesmoney.co.uk is a trading name for Uncles the Original Pawnbrokers Ltd. Uncles the Original Pawnbrokers Ltd, is registered with Companies House under registration number 02104796, and is licensed by the Office of Fair Trading under credit license number 589899. The registered office of Uncles the Original Pawnbrokers Ltd is 382 Aston Lane, Witton, Birmingham, B6 6QN, Tel: 0800 917 4626; Email Address: firstname.lastname@example.org
Exclusions and Limitations of Liability
2. We draw to your attention the limits of our liability for loss of or damage to your property under these terms and conditions and specifically draw to your attention that under clauses 20-23 of these terms and conditions we are not responsible for your property whilst it is in transit and that during the period when we are responsible for your property, under clauses 33-36 our liability is limited to the market value of your property as determined by us. Please refer to the specific clauses for their full effect.
Pre Contract Information
3. The Financial Services (Distance Marketing) Regulations 2004 (‘the FSDM Regulations’) apply to distance contracts concerning one or more financial services. We do not know whether a Court would consider this to be such an Agreement. If it did not, then the Consumer Protection (Distance Selling) Regulations 2000 (‘the CPDS Regulations’) would apply to the Services Agreement. The FSDM Regulations give you greater protection that the CPDS Regulations and we have therefore assumed that they apply here. Under the FSDM Regulations, in good time prior to you being bound by the service agreement we are required to provide to you certain information. These terms and conditions have been provided to you prior to your entering into the service agreement. The information required to be given to you is set out in these terms and conditions, however for ease of reference that information is as follows:
(i) The identity and the main business of the supplier, the geographical address at which the supplier is established and any other geographical address relevant to the consumer's relations with the supplier: This is set out in clause one of the terms and conditions.
(ii) Where the supplier has a representative established in the consumer's State of residence, the identity of that representative and the geographical address relevant to the consumer's relations with him: This is not relevant.
(iii) Where the consumer's dealings are with any professional other than the supplier, the identity of that professional, the capacity in which he is acting with respect to the consumer, and the geographical address relevant to the consumer's relations with that professional: This is not relevant, we do not use any intermediary or other Agents, all of the consumer’s dealings will be with our employees.
(iv) Where the supplier is registered in a trade or similar public register, the particulars of the register in which the supplier is entered and his registration number or an equivalent means of identification in that register: The Company Registration Number with Companies House and the Credit Licence Number with the Office of Fair Trading are set out in clause one of these terms and conditions. To search the public register of consumer credit licences please either go to HYPERLINK "http://www.oft.gov.uk/ConsumerCreditRegister" www.oft.gov.uk/ConsumerCreditRegister, or telephone the Office of Fair Trading on 0207 211 8608 or visit them at Craven House, 40 Uxbridge Rd, Ealing, London, W5 2BS.
(v) Where the supplier's activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority: Our Consumer Credit Business is authorised by the Office of Fair Trading whose details are provided above.
(vi) A description of the main characteristics of the financial service: The service we are providing under the terms and conditions of this agreement is the security valuation service as defined under clause 12 of these terms and conditions.
(vii) The total price to be paid by the consumer to the supplier for the financial service, including all related fees, charges and expenses, and all taxes paid via the supplier or, where an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it: There is no charge to the consumer.
(viii) Where relevant, notice indicating that: (i) the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the supplier's control; and (ii) historical performances are no indicators for future performances: This is not relevant here.
(ix) Notice of the possibility that other taxes or costs may exist that are not paid via the supplier or imposed by him: This is not relevant here.
(x) Any limitations of the period for which the information provided is valid: There are no limitations save that the valuation which is provided under the service agreement may alter with market conditions.
(xi) The arrangements for payment and for performance: There is no payment due and the arrangements for performance are set out in the terms and conditions.
(xii) Any specific additional cost for the consumer of using the means of distance communication, if such additional cost is charged: Our telephone number is a freephone number and we do not charge for accessing our website at www.unclesmoney.co.uk
(xiii) Whether or not there is a right of cancellation and, where there is a right of cancellation, its duration and the conditions for exercising it, including information on the amount which the consumer may be required to pay in accordance with regulation 13, as well as the consequences of not exercising that right: This information is set out in clauses 4 to 6 of these terms and conditions.
(xiv) The minimum duration of the distance contract in the case of financial services to be performed indefinitely or recurrently: This does not apply here.
(xv) Information on any rights the parties may have to terminate the distance contract early or unilaterally by virtue of the terms of the contract, including any penalties imposed by the contract in such cases: There are no such rights apart from the cancellation rights.
(xvi) Practical instructions for exercising the right to cancel in accordance with regulation 9 indicating, among other things, the address at which the notice of cancellation should be left or to which it should be sent by post, and any facsimile number or electronic mail address to which it should be sent: This information is set out in clause 5 of these terms and conditions.
(xvii) The EEA State or States whose laws are taken by the supplier as a basis for the establishment of relations with the consumer prior to the conclusion of the distance contract: England and Wales.
(xviii) Any contractual clause on the law applicable to the distance contract or on the competent court: The law of England and Wales applies to this agreement as specified in clause 7 of the terms and conditions.
(xix) In which language, or languages: (i) the contractual terms and conditions, and the prior information specified in this Schedule, are supplied; and (ii) the supplier, with the agreement of the consumer, undertakes to communicate during the duration of the distance contract: English.
(xx) Whether or not there is an out-of-court complaint and redress mechanism for the consumer and, if so, the methods for having access to it: This information is set out at clause of these terms and conditions.
(xxi) The existence of guarantee funds or other compensation arrangements, except to the extent that they are required by Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit guarantee schemes or Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor compensation schemes: Whilst the property is in transit insurance is provided under the Royal Mail Special Delivery Service referred to in clause 18 of the terms and conditions.
4. Under the FSDM Regulations you have a right to cancel the service agreement on the expiry of fourteen calendar days beginning with the day after the day on which the service agreement is concluded (‘the cancellation period’). However if the service agreement is fully completed within the cancellation period by you and us, at your request and before you have given notice of cancellation, you will no longer have a right to cancel. We draw to your attention that under clause 11 of these terms and conditions, unless you notify us otherwise, you agree that the performance of the service agreement can be completed by both parties within the cancellation period.
5. You can cancel the service agreement by giving us notice within the cancellation period (i) in writing at the address in clause one of these terms and conditions or (ii) in another durable medium such as by email or fax, details of which are set out in clause one of these terms and conditions.
6. If you cancel the service agreement we will be responsible for the cost of returning your property to you.
7. These terms and conditions shall be governed by the laws of England and Wales and are the basis for the establishment of relations between you and us.
8. If any part of these terms and conditions that are not fundamental are found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these Terms and Conditions.
9. Time is not of the essence under these terms and conditions.
10. In these terms and conditions, the following words and phrases shall have the following meaning:
“We”, “us” “our”: Uncles the Original Pawnbrokers Ltd, trading as Unclesmoney.co.uk
“You”, “your”: You the consumer, being the other party to this service agreement.
“The Security Valuation Service”: The services defined in clause 12 of this agreement.
“your property”: the item or items of your property that you wish us to value for the purposes of considering whether to make you a loan offer.
“loan offer”: An offer by us to loan you money by entering into a fixed-sum loan agreement with you regulated by the Consumer Credit Act 1974, using your property as security for that loan.
“service agreement”: The agreement for us to provide you with the security valuation service subject to these terms and conditions.
“loan agreement”: A Fixed-Sum Loan Agreement regulated by the Consumer Credit Act 1974, under which we agree to lend you a sum of money using your property as security for that loan.
“in transit”: the period during which your property is or should be under the control of your appointed shipping agent for the purpose of delivering it to us or back to you.
Performance of the Service Agreement
11. Unless you notify us in writing, by email or by fax using the contact details in clause one of these terms and conditions you agree that we may begin to perform the service agreement within the cancellation period.
Application of these terms
12. These terms and conditions apply to the security valuation service that we offer. The security valuation service consists of all or any of the following services:
You appointing us as your agent to make arrangements for the shipping of your property that you wish to use as security for a loan, to us so that we can value it and consider whether to make a loan offer to you (please refer to clauses 15 to 26 for full details of the shipping service);
The valuation of your property (see clauses 31 to 32 for full details of the valuation service);
Whilst your property is in our possession, the safekeeping of that property (see clauses 33 to 36 for full details of this part of the service);
In the event that we do not make a loan offer to you or if we do, you do not accept that offer, the arrangements for the return of your property to you by you authorising us to act as your agent for the shipping of your property to you (see clauses 27 to 30 for full details of this part of the service).
13. If we make you a loan offer and you accept it a loan agreement is entered into and from that point the terms and conditions of that loan agreement will govern our continuing responsibility for your property that is in our possession.
14. You warrant and represent that you have good and marketable title to your property, free of all encumbrances of any kind, and that you are not under the age of 18 years.
The Shipping Service
51. We can arrange for shipping of the item of your property that you wish to use as security for your loan. By choosing our pre-paid shipping service, you are authorising us to act for you in appointing on your behalf a shipping agent:
to ship your property to our premises to enable us to carry out a valuation of your property in accordance with the terms and conditions of this service agreement.
to ship your property from our premises back to you if we do not make you a loan offer or, if we do, if you reject that offer.
Nominated Shipping Agent
16. Our nominee to act as your shipping agent for your property is Royal Mail, part of the Royal Mail Group Ltd (Company No. 4138203), whose registered office is at 148 Old Street, London EC1V 9HQ. The web address for Royal Mail www.royalmail.com
Nominated Shipping Service
17. We nominate the Royal Mail Special Delivery Service provided by Royal Mail for the delivery of your property to us and for the return of the property to you. The terms and conditions of the Royal Mail Delivery Service can be found at http://www.royalmail.com
18. The Royal Mail Special Delivery Service that we nominate provides insurance for loss or damage to your property in transit, up to a market replacement value of £2500 during transit to Unclesmoney and of £20,000 during return transit to customer. That insurance is underwritten by Norwich Union. If you think that the market replacement value of your goods is more than that stated above, it is your sole responsibility to take out additional insurance for that part of the market replacement value which exceeds that stated above.
19. To make an insurance claim you will require a receipt from the shipping agent which it is your responsibility to retain. You will also need to ensure that you can produce a photograph(s) of your property as well as documentary proof of ownership and the current replacement value of the property. 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 or photographs. We draw to your attention the following clause from Royal Mail’s Insurance claim processes: “Royal Mail needs to ensure that unwarranted claims are not made as as such it retains the right to request further information from the claimant and to refuse claims that it suspects are unwarranted”.
Exclusion of our Liability whilst the property is in transit
20. We are not responsible for the property whilst it is in transit i.e. whilst it is being delivered to us or returned to you by Royal Mail. We are not responsible for any loss of or damage to your property whilst it is in transit.
21. Whilst your property is in transit it is the responsibility of Royal Mail who you have authorised us to appoint as your shipping agent. Under the terms of the Royal Mail Delivery Service your goods are insured up to a market replacement value of £ £2500. You agree that the market replacement value will be determined by Royal Mail and/or the insurance underwriters. You agree that we are not liable in any way if Royal Mail or Norwich Union refuses in whole or in part any insurance claim or claims in relation to your property.
22. If you choose to despatch property to us that has a replacement value exceeding £ 2500 using the Royal Mail Special Delivery Service without arranging any additional insurance cover, you agree that you are doing so at your own risk. You agree that you will have no claim on us and/or the Royal Mail for any amounts which are not payable under the insurance provided by the Royal Mail Special Delivery Service for property lost, damaged or devalued in any way whilst the property is in transit. You agree that we are not liable in any way if Royal Mail or Norwich Union refuses in whole or in part any insurance claim or claims in relation to your property.
23. Whilst we will provide you with information that we have to help you in any dispute or claim that you may have with your shipping agent, we cannot be held liable for any failure in the shipping agent’s performance of its obligations to you.
Shipping your property to us
24. We will provide basic packaging to you for your items comprising of a padded envelope and Royal Mail Special Delivery tamper proof bag. It is your responsibility to ensure that your property is securely and appropriately packaged, including the use of additional and/or item specific packaging. We cannot be held responsible for damage to property sent in inappropriate packaging.
25. We draw your attention to clauses 20-23 of these terms and conditions which exclude our liability to you in the event of loss or damage to your property whilst in transit and limit the liability of Royal Mail to any amount payable under Royal Mail Special Delivery Service Insurance.
26. We draw your attention to clause 19 of these terms and conditions setting out your responsibilities to keep proof of ownership, and condition of the property prior to dispatch, and a shipping receipt.
Shipping the property back to you
27. Once we have valued your property in accordance with clause 31 of these terms and conditions, we will either make a loan offer to you based on our valuation of the property or decline to make a loan offer to you.
28. If we make a loan offer to you but you reject that offer we will return your property to you within 3 working days of you informing us that you reject the offer.
29. If we decline to make a loan offer to you we will inform you within 48 hours and return your property to you.
30. We will return your property to you using your appointed shipping agent. We draw your attention to clauses 20-23 of these terms and conditions which exclude our liability whilst your property is in transit and limit the liability of Royal Mail to any amount payable under Royal Mail Special Delivery Service Insurance.
31. Once we receive your property we will inspect it and compare your property to the original description supplied by you, to confirm that they match. We value your property in good faith, according to accepted industry standards and prevailing market rates, and on the assumption that the description provided by you is completely accurate. Once we have valued your property we may, in our absolute discretion, decline to make a loan offer or make a loan offer to you 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 understanding of your original description or changes in the market for such property. Any loan offer that we make to you is subject to us being able to formally identify you, and you signing a formal credit agreement online at www.unclesmoney.co.uk
32. Within hours of receiving your property we will inform you of our valuation and make any loan offer to you that we decide, in our absolute discretion, to make.
Our Responsibility for your Property whilst it is in our possession
33. We are responsible for your property from the moment that it is delivered to us by Royal Mail up until the point that it is collected by Royal Mail to be returned to you.
Limitation of Liability
34. During the time that we are responsible for your property we will insure your property with all risk cover up to the market value of the property as determined by us in accordance with clause 31 of these terms and conditions.
35. At any time whilst we are responsible for your property the limit of our liability to you for any loss of or damage to the property which occurs during this time will be limited to the market value of the property as determined by us in accordance with clause 31 of these terms and conditions.
36. We will not be responsible for any other losses howsoever caused to you save that we will be liable to you for any personal injury caused to you by our negligence and/or breach of statutory duty.
37. If you want to make a complaint about the service provided by us you can email us at email@example.com with the details of your complaint or alternatively write to us at the address set out in clause one of these terms and conditions. Our Customer Care Staff will acknowledge receipt of your complaint within one working day. Complaints about the lending process or a loan which are not resolved within eight weeks of the complaint may be referred to the Financial Services Ombudsman. We will give you details of that service if and when you are entitled to any such referral or otherwise at your request.
38. You agree that all documents that we are entitled to send you electronically may be delivered to you at the email address you have given to us, or in writing via any account that we set up for you that is accessible via www.unclesmoney.co.uk