1.1 Collexchange Limited (company number 14032478) (herein referred to as we, our and us) is a private limited company registered in England and Wales and our registered office and trading address is at 23-25 Waterloo Place Warwick Street, Leamington Spa CV32 5LA. Our VAT number is 434 2359 07. We operate the Website.
1.2 To contact us please email our customer service team on email@example.com.
1.3 This Website provides you with an online digital platform on which you can buy and/or sell Items from/to other businesses or individuals. Please note that this means:
1.3.1 we are acting as an intermediary only in respect of sales of any such Items;
1.3.2 any Contract will be between two users of the website and not Collexchange Limited;
1.3.3 the business or individual acting as the Seller of the Items will bear all the responsibilities of a trader under applicable laws and regulations (including but not limited to consumer legislation); and
1.3.4 whilst you may raise complaints with us regarding the conduct of other users of the Website, you should make any claims and/or seek to enforce any rights or obligations in respect of any Items you have purchased or attempted to purchase via the Website against the Seller and not Collexchange Limited.
2.1 In these Terms, the following definitions apply:
2.1.1 Auction: an online auction for the sale of Items conducted by a Seller on the Website.
2.1.2 Auction Deadline: the date and time by which prospective Buyers must submit bids for Items under an Auction.
2.1.3 Buyer: a registered user of the Website to the extent they are carrying out any of the activities described in clause 5.5.2.
2.1.4 Commission: 15% of the Price.
2.1.5 Contract: a contract for the sale of Items from a Seller to a Buyer entered into via the Website, either by way of Direct Sale or an Auction.
2.1.6 Direct Sale: the direct sale of Items by a Seller to a Buyer who offers to purchase such Items from the Seller.
2.1.7 Items: militaria and other goods advertised, offered for sale, sold by Sellers and/or purchased by Buyers via the Website.
2.1.8 Price: the price of the Items agreed between a Seller and a Buyer under a Contract (excluding any delivery/shipping costs, insurance costs and any applicable value added tax or other sales taxes or customs duties on the Items).
2.1.9 Reserve Price: a minimum reserve price for Items offered for sale on the Website (which in no event shall be less than £100), below which a Seller:
(a) must not enter into a Contract with any Buyer; and
(b) will not be required to enter into a Contract with any Buyer.
2.1.10 Seller: a registered user of the Website to the extent they are carrying out any of the activities described in clause 5.5.1.
2.1.11 Successful Buyer: in respect of an Auction for Items, the prospective Buyer that has placed the highest bid for the Items at the time of the Auction Deadline.
2.1.12 T&Cs of Supply: the terms and conditions of supply applicable to a Contract, set out in Annex 1 of these Terms
2.1.13 Terms: these online militaria platform terms and conditions.
2.1.14 We, our and us: as defined in clause 1.1 above.
2.1.15 Website: www.collexchange.co.uk.
3.1 These Terms apply to your use of the Website, regardless of whether or not you create an account on our Website. No other terms are implied by trade, custom, practice or course of dealing.
3.2 By using our Website and/or by creating an account on our Website, you confirm that you accept these Terms and that you agree to comply with them.
3.3 You do not have to create an account to browse the Website, but you can only sell, buy and bid for Items if you create an account on our Website.
3.4 If you do not agree to these Terms, you must not use our Website.
3.5 We recommend that you print a copy of these terms or save them to your computer for future reference.
3.6 These Terms are made only in the English language.
4.2 If you sell and/or purchase Items on our Website, then the Contract will be subject to the provisions of the T&Cs of Supply.
4.3 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.1 You can apply to create an account for the Website by clicking on the “Register” button on our Website and following the onscreen process.
5.2 The onscreen process allows you to check and amend any errors before submitting your application to create an account. Please check your application carefully before submitting it. You are responsible for ensuring that your application to create an account and all information contained within it is truthful, complete and accurate.
5.3 Given the nature of the Items that may be sold via the Website, we reserve the right to ask you for further information and/or evidence in support of your application to create an account for our Website (including but not limited to proof of identity and/or age in order to sell and/or purchase any particular types of Items). You are responsible for ensuring that any further information and/or evidence you provide to us under this clause 5.3 is truthful, complete and accurate.
5.4 You must have a Stripe account (or set up a Stripe account during the account creation process) in order to operate as a Seller on the Website. If you do not have a Stripe account and/or do not set up a Stripe account during the account creation process on the Website, we will not be able create your account as a Seller.
5.5 Once you have created an account for our Website, you may:
5.5.1 operate as a Seller, by:
(a) offering Items for sale via the Website, either by way of:
(i) a Direct Sale to whichever Buyer is the first to agree to purchase such Items from you; or
(ii) conducting Auctions;
(b) marketing, promoting and uploading pictures of Items for sale; and
(c) entering into Contracts with Buyers via the Website, either by Direct Sale or via an Auction; and/or
5.5.2 operate as a Buyer, by:
(a) entering into Contracts with Sellers by way of Direct Sale;
(b) taking part in Auctions by bidding for Items promoted for sale by Sellers on the Website; and
(c) entering into Contracts with Sellers via the Website by successfully bidding for Items in an Auction.
5.6 You must keep your account details safe, treat such information as confidential and not disclose it to any third party.
5.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.8 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the details set out in clause 1.2.
6.1 This Website includes images, videos and information uploaded by Sellers in respect of the Items they are promoting for sale. Such images, videos and information have not been verified or approved by us and we are not in any way responsible for the accuracy of such content. The views expressed by other users of our Website do not represent our views or values.
6.2 The images and videos of Items on our Website are uploaded by Sellers for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Items. The colour of the Items may vary slightly from those images.
6.3 Responsibility for the packaging of the Items is set out in the T&Cs of Supply and the details in relation to any packaging are for the Buyer and the Seller to agree between themselves. Please note that any packaging which Items are delivered in may vary from the packaging shown on images or videos on our Website.
6.4 You are not permitted to use the Website to buy or sell any goods or items that require you and/or the other party to have in place any licences, consents, certificates, registrations, permits and/or any other necessary permissions in order to lawfully buy or sell such goods or items.
6.5 We reserve the right to order a Seller to remove Items from the Website for any reason, including where:
6.5.1 we consider that the Seller has not complied with these Terms or the T&Cs of Supply at Annex 1 of these Terms; or
6.5.2 we are required to do so by any applicable statutory or regulatory requirement, and we shall notify you in any such event.
6.6.1 a Buyer makes an offer to purchase a Seller’s Items by way of Direct Sale for the Price the Seller has indicated on the Website and the Seller accepts that offer in accordance with clause 7.1.9; or
6.6.2 there is a Successful Buyer as a result of any Auction conducted by a Seller,
then, subject to clauses 7.1.8 and 8.1.3 and clause 3 of the T&Cs of Supply, a Contract shall come into existence between that Seller and that Buyer, and the parties shall negotiate and agree the logistical terms and associated costs of the delivery of the Items to the Buyer.
7.1 Where you act as a Seller:
7.1.1 you must provide Buyers and prospective Buyers with full details of your identity and your contact details at the point a Contract has been entered into;
7.1.2 you warrant that you are selling Items for your own financial benefit and you are not acting as agent or otherwise on behalf of any third party;
7.1.3 you warrant that the Stripe account you use to receive payments via our Website is opened in your name and for your own financial benefit and not for or on behalf of any third party;
7.1.4 you must provide (in clear intelligible language) a complete, truthful, accurate and up-to-date description and pictures (and, at your discretion, video footage) of all Items that you wish to advertise for sale and/or sell on our Website, including but not limited to the age, historical relevance, provenance, value, condition, quality, safety and legality of Items;
7.1.5 you must, where possible and where we reasonably require you to do so, provide us with any further information and/or evidence we require in order to support the age, historical relevance, provenance, value, condition, quality, safety, legality or any other particular feature of the Items you are seeking to sell on the Website;
7.1.6 you must not sell or attempt to sell any Items that you know, suspect or ought reasonably to know are forgeries;
7.1.7 you must provide on the Website (in clear intelligible language) complete and accurate information in order to assist the Buyer in determining what delivery, shipping, packaging, insurance costs and any other costs and expenses may apply to the Items you are advertising for sale on the Website or information about how such costs may be calculated once you enter into a Contract with a Buyer;
7.1.8 you are responsible for ensuring that, when entering into a Contract with a Buyer:
(a) the Buyer is of at least the minimum age to purchase the Items in question;
(b) the Buyer is not in any way prohibited from purchasing the Items in question (such as, by way of example, by possessing a relevant conviction),
and we reserve the right to require you to produce evidence to prove you have complied with this clause 7.1.8;
7.1.9 where a Buyer makes an offer to purchase your Items by way of Direct Sale for the Price you have indicated on the Website, you must, subject to clause 7.1.8, enter into a Contract with that Buyer for such Items and not seek to amend the Price, sell such Items via Direct Sale to a third party or begin an Auction for such Items;
7.1.10 you must comply with the requirements of clause 9 and uphold the result of any Auction you have conducted on the Website;
7.1.11 once you have entered into a Contract for a Price, you must negotiate and agree the logistical terms of delivering the Items to the Buyer;
7.1.12 you acknowledge that any Contract you enter into with a Buyer via the Website will be subject to the T&Cs of Supply and any other commercial terms you have agreed with the Buyer;
7.1.13 you will comply with the T&Cs of Supply where you have entered into a Contract with a Buyer;
7.1.14 when dealing with Buyers who are consumers, you must ensure that you comply with all applicable consumer legislation and allow Buyers who are consumers to exercise their rights under applicable consumer legislation;
7.1.15 you must not sell and/or offer for sale any Items which:
(a) require any form of licence, consent, certification, registration, permit and/or any other necessary permissions in place in order to be sold lawfully;
(b) are prohibited under section 141 of the Criminal Justice Act 1988;
(c) are prohibited under section 5 of the Firearms Act 1968 or any other applicable legislation or regulations (unless falling under any exemption (for example section 58(2) of the Firearms Act 1968 or section 7 of the Firearms Act 1997);
(d) do not fulfil any applicable legal requirements for proof of deactivation;
(e) are deemed to be unsafe; or
(f) are otherwise prohibited from being sold or offered for sale (including, but not limited to, by reason of any applicable law which prohibits or restricts the sale of any particular type of item or good in a specific country, state or region),
and, for the avoidance of doubt, we do not support the beliefs or actions of the Nazi party, Third Reich or any other right wing or fascist organisation, past or present.
7.1.16 you must remove any Items you have advertised for sale on the Website:
(a) where the Item has been advertised for Direct Sale for more than 12 weeks but no Contract has been entered into in respect of that Item. For the avoidance of doubt, once you have removed any Items from the Website in compliance with this clause 7.1.16(a), you may re-list the Item for sale on the Website at a later date; and
(b) where we order you to do so for any reason, including (but not limited to) where we reasonably believe that you have not complied with these Terms or if we or you are required to do so by any applicable statutory or regulatory requirement, and we shall notify you in any such event; and
7.1.17 you must, where we reasonably require you to do so, which may be at any time whilst you have an account on our Website, provide us with any further information and/or evidence we reasonably require to prove you are able and permitted to sell any particular Items (including but not limited to proof of identity and/or age in order to sell any particular types of Items); and
7.1.18 you must not sell or offer for sale (either by Direct Sale or via Auction) any Item at lower than its Reserve Price.
8.1 Where you act as a Buyer:
8.1.1 you warrant that you are purchasing Items for your own benefit and you are not acting as agent or otherwise on behalf of any third party;
8.1.2 you warrant that the funds being used by you to purchase any Items have no link with criminal activity including (but not limited to) money laundering, tax evasion or the financing of terrorism;
8.1.3 you are responsible for ensuring that, when entering into a Contract with a Seller:
(a) you are of at least the minimum age to purchase the Items in question; and
(b) you are not in any way prohibited from purchasing the Items in question (such as, by way of example, by possessing a relevant conviction),
and we reserve the right to require you to produce evidence to provide you have complied with this clause 8.1.1;
8.1.4 you must comply with the requirements of clause 9 and respect the result of any Auction you have taken part in on the Website;
8.1.5 once you have entered into a Contract for a Price, you must negotiate and agree the logistical terms of delivering the Items to the Buyer, including in respect of packaging, shipping and insurance. For the avoidance of doubt, unless you and the Seller agree otherwise, you will be responsible for organising and bearing the cost of the delivery and insurance of the Items. Please contact us using the details in clause 1.2 or view the shipping information on our website Help Centre if you require assistance in identifying a suitable shipping option for the Items;
8.1.6 you acknowledge that any Contract you enter into with a Seller via the Website will be subject to the T&Cs of Supply and any other commercial terms you have agreed with the Seller;
8.1.7 you will comply with the T&Cs of Supply where you have entered into a Contract with a Seller;
8.1.8 you must, where we require you to do so, which may be at any time whilst you have an account on our Website, provide us with any further information and/or evidence we require to prove you are able and permitted to purchase any particular Items (including but not limited to proof of identity, age and/or possession of any necessary licences in order to purchase any particular types of Items);
8.1.9 it is your responsibility to take independent and/or expert advice about any Items advertised for sale on the Website; and
8.1.10 please note that we are entitled to Commission on any Price which you pay to the Seller, as specified in more detail in clause 10 below.
9.1 When you operate as a Seller and wish to sell Items by way of an Auction, you must, in addition to your obligations in clause 7 and these Terms:
9.1.1 no later than the commencement of the Auction:
(a) provide a genuine, truthful estimate of the value of the Items;
(b) notify all prospective Buyers of the Reserve Price, which shall be no less than £100;
(c) set clear parameters for the conduct of the Auction, including:
(i) the Items which are the subject of the Auction;
(ii) the time and date from which prospective Buyers may place bids for the Items;
(iii) the Auction Deadline, provide that this must be no longer than 12 weeks;
(iv) any legal requirements any prospective Buyers are required to meet in order to purchase the Items; and
(v) the increments by which bids may increase during the Auction, which shall be no less than £5;
9.1.2 subject to clause 7.1.8, enter into a Contract for the Items with the Successful Buyer, under which the Price shall be the final amount that the Successful Buyer bid for the Items during the Auction; and
9.1.3 withdraw any Items from an Auction where:
(a) the Auction Deadline has passed or 12 weeks have passed since the commencement of an Auction (whichever happens sooner); and
(b) no Buyer has made a bid for the Items which meets or exceeds the Reserve Price within such timeframe,
provided that, once you have removed any Items for the Website in compliance with this clause 9.1.3, you may re-list the Item for sale on the Website at a later date.
9.2 When you operate as a Buyer and wish to purchase Items by way of an Auction, in addition to your obligations in clause 8 and these Terms:
9.2.1 you must familiarise yourself with the information and rules the Seller provides in respect of the Auction;
9.2.2 you acknowledge that any bid you place for the Items is an offer to enter into a Contract with the Seller for the Items, under which the Price will be the amount that you have bid for the Items;
9.2.3 you must ensure that you have sufficient and available funds to purchase the Items for any amount you bid for the Items;
9.2.4 you can place bids for Items by using the relevant buttons and functionality provided on the Website;
9.2.5 you acknowledge that only bids for the Items placed after the Auction has begun and before the Auction Deadline will be considered by the Seller;
9.2.6 you will be notified by us via the Website no later than 2 days after the Auction Deadline if you are the Successful Buyer; and
9.2.7 if you are the Successful Buyer, you will enter into a Contract for the Items with the Seller, under which the Price shall be the final amount that you bid for the Items during the Auction.
10.1 Payments in respect of Items sold via the Website shall be made by Buyers to Sellers via the payment portal on the Website.
10.2 The payment portal on the Website will retain all amounts paid by a Buyer in respect of any Item bought from the Website for thirty (30) days from the day we are notified that funds have been received on the payment portal on the Website, after which time funds will be released to the Seller less the Commission, which shall be released to us.
10.3 We are entitled to Commission, payable by the Seller, in respect of the Price payable under each Contract entered into via the Website.
10.4 Where you act as a Seller for each Contract you enter into, you remain liable to us for all Commission payable under such Contract (whether invoiced or not).
10.5 Commission shall be payable to us by the Seller in pounds sterling.
10.6 All Commission payable under these Terms:
10.6.1 is exclusive of value added tax or other applicable sales tax, which shall be added to the sum in question;
10.6.2 shall be paid in full without any deductions (including deductions in respect of items such as income, corporation, or other taxes, charges and/or duties) except where the Seller is required by law to deduct withholding tax from sums payable to us. If the Seller is required by law to deduct withholding tax, then we and the Seller shall co-operate in all respects and take all reasonable steps necessary to:
(a) lawfully avoid making any such deductions; or
(b) enable us to obtain a tax credit in respect of the amount withheld.
10.7 Where you act as a Seller:
10.7.1 you shall keep separate records of all Contracts you enter into, all payments you have received under them and details of how you have calculated the Price.
10.7.2 you shall permit us or our duly appointed representatives at all reasonable times to inspect all such accounts and records and to take copies of them; and
10.7.3 If any dispute arises as to the amount of Commission payable by you to us, the dispute shall be referred to our auditors for settlement and their decision, save in the case of material error, shall be final and binding on both parties.
11.1 We amend these Terms from time to time.
11.2 We can always change these Terms where we are required to:
11.2.1 reflect and/or comply with relevant laws and regulatory requirements;
11.2.2 address an unforeseen and imminent danger relating to defending us or our users from fraud, malware, spam, data breaches or other cybersecurity risks;
11.2.3 make minor technical adjustments and improvements which will not materially affect your use of the Website.
11.3 We can also make other changes to these Terms, but if we do so we will notify you and you can then contact us to cancel your account before the change takes effect, which will be 15 days from the day we tell you about the intended change.
11.4 Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.
12.1 We may update and change our Website from time to time to reflect changes to our users' needs and our business priorities or for any other reason.
13.1 Our Website is made available free of charge.
13.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted.
13.3 We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.1 If access to the Website is prevented or delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to resolve the situation. As long as we do this, we are not required to compensate you for your inability to access the Website, but if the delay is likely to be substantial you can contact us to cancel your account.
14.2 If you think there is something wrong with the Website, you must contact us to let us know. You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
15.1 We may, by providing you with 30 days’ notice, cancel or suspend your account and/or access to the Website. We will always provide you with our reasons for doing so, but please note that we are entitled to cancel or suspend your account and/or access to the Website immediately where:
15.1.1 we are required to do so in order to comply with relevant laws and regulatory requirements;
15.1.2 you have repeatedly infringed these Terms and/or the T&Cs of Supply, and we can demonstrate such repeated infringement;
15.1.3 taking into account all the circumstances in the case, we cannot be reasonably expected to continue to grant you access to your account and/or the Website, including (but not limited to) circumstances where:
(a) you have failed to comply with our content standards as set out in clause 24.2;
(b) the Items you are offering for sale via the Website are unsuitable, unsafe and/or do not comply with applicable relevant laws and regulatory requirements;
(c) you do not have the necessary licences, permits or consents to offer for sale the Items you are or have offered for sale on our Website;
(d) your account is being used to commit or involved in the commitment of counterfeiting, fraud, data breaches or other cybersecurity risks, or the distribution of malware or spam.
15.2 You may cancel your account with us at any time by giving us notice that you wish to do so.
15.3 Whether either we or you cancel your account with us, where you have acted as a Seller, you must:
15.3.1 not enter into any new Contracts;
15.3.2 complete any Contracts you have entered prior to such cancellation; and
15.3.3 pay us any outstanding Commission promptly and in any event within 30 days of the cancellation of your account.
16.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our site.
16.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
16.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
16.5 If you print off, copy, download, share or repost any part of our Website in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
17.1.1 any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or
17.1.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
17.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
17.3 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
18.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
18.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
18.3 We do not accept any responsibility or liability in respect of content and/or information that has been uploaded by Sellers to our Website.
19.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
19.2 We have no control over the contents of those sites or resources.
20.1 If you wish to complain about content uploaded by other users or the conduct of other users in general, please contact us using the contact details at clause 1.2.
21.1 Whether you are a consumer (that is, an individual acting in your personal capacity and not in relation to any business interest) or a business user:
21.1.1 we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation;
21.1.2 different limitations and exclusions of liability will apply to a Seller’s liability to a Buyer arising as a result of the supply of any Items from a Seller to a Buyer, which will be set out in the T&Cs of Supply; and
21.1.3 you acknowledge that:
(a) we are not an auctioneer and that, by making our Website available to you, we are only providing an online digital platform to facilitate the sale and purchase of Items between Sellers and Buyers via Direct Sales and Auctions;
(b) we are not a party to any Contract (which shall be between a Seller and a Buyer and subject to the T&Cs of Supply) and therefore have no control over and do not guarantee:
(i) the age, historical relevance, provenance, value, condition, quality, safety or legality of Items;
(ii) the truth or accuracy of images or information concerning Items;
(iii) the qualifications, background, or identities of Sellers;
(iv) the ability of Sellers to deliver Items or that Sellers will honour Direct Sales or the outcome of Auctions;
(c) it is for the Buyer and the Seller to enforce their rights and obligations under the T&Cs of Supply.
21.2 If you are a business user:
21.2.1 we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
21.2.2 we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content displayed on our Website.
21.2.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
21.3 If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
22.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
22.1.1 your breach or negligent performance or non-performance of these Terms;
22.1.2 any claim made against us by another user of the Website arising out of or in connection with the conducting of an Auction or a Direct Sale or otherwise arising out of or in connection with the sale and/or purchase of Items, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms and/or the T&Cs of Supply by you, your employees, agents or subcontractors;
22.1.3 any claim made against us by a Buyer for death, personal injury or damage to property arising out of or in connection with defective Items they have purchased from you (acting as a Seller), to the extent that the defect in the Items is attributable to the acts or omissions of you, your employees, agents or subcontractors.
24.1.1 as a Seller, you upload content to our Website (including but not limited to images and descriptions of the Items you wish to sell via the Website);
24.1.2 as a Buyer or a Seller, you make contact and interact with other users of our Website; and/or
24.1.3 you make any other use of our Website,
you must comply with our content standards as set out in clause 24.2 below.
24.2 You must not use our Website:
24.2.1 in any way that breaches any applicable local, national or international law or regulation (including but not limited to any laws or regulations relating to the sale, purchase and/or ownership of knives, firearms, militaria and any other dangerous items);
24.2.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
24.2.3 for the purpose of harming or attempting to harm minors in any way;
24.2.4 to bully, insult, intimidate or humiliate any person;
24.2.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
24.2.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
24.2.7 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
24.2.8 to upload terrorist content.
24.3 You warrant that your use of our Website will comply with the standards set out in clause 24.2, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
24.4 Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
24.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
24.6 We have the right to remove any content and/or posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
25.1 When you upload or post content to our Website, you grant us the following rights to use that content:
25.1.1 a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media including to promote the Website, to expire when the user deletes the content from the Website;
25.1.2 a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the Website, to expire when the user deletes the content from the Website.
26.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
26.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
26.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
27.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
27.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
27.3 Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
27.4 We reserve the right to withdraw linking permission without notice.
27.5 The other site in which you are linking must comply in all respects with the content standards set out in clauses 24.2 to 24.6 above.
27.6 If you wish to link to or make any use of content on our Website other than that set out above, please contact us using the details set out in clause 1.2.
28.1 “Collexchange” is a UK unregistered trade mark of Collexchange Limited. You are not permitted to use such trade mark without our approval, unless it is part of material you are using as permitted under these Terms.
29. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
29.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
30.1 Any notice or other communication given by one of us to the other under or in connection with these Terms must be in writing and be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or email. When corresponding with us, please use the contact details in clauses 1.1 and 1.2. When corresponding with you, we will use the contact details you submit to us when creating an account for the Website or otherwise provide to us.
30.2 A notice or other communication is deemed to have been received:
30.2.1 if delivered by hand, at the time the notice is left at the proper address;
30.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
30.2.3 if sent by email, at 9.00 am the next working day after transmission.
30.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
30.4 The provisions of this clause 30 shall not apply to the service of any proceedings or other documents in any legal action.
31.1 If you are a consumer, please note that these Terms and the T&Cs of Supply and the subject matter and formation of the same, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
31.2 If you are a business, these Terms and the T&Cs of Supply and the subject matter and formation of the same (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
1.1 These T&Cs of Supply govern any Contract entered into between a Buyer and a Seller via the Website.
1.2 Expressions defined in the Collexchange Limited Online Militaria Platform Terms & Conditions and used in these T&Cs of Supply have the meaning set out in the Collexchange Limited Online Militaria Platform Terms & Conditions.
2.1 The Seller shall provide a full description and full details of the Item(s) it is offering for Direct Sale and/or Auction on the Website.
2.2 Following the Buyer entering into a Contract with a Seller and the Buyer paying the Price in respect of that Contract to Collexchange Limited (“CX”), the Buyer will receive an automated email via the Website with the Seller’s identity and contact details, requesting that the Buyer contact the Seller to make arrangements for the delivery of the Items. Upon being contacted by the Buyer, the Seller shall provide everything the Buyer needs to know about the Seller and the key information regarding the Contract as part of its negotiations with the Buyer.
3.1 Where the Seller offers to sell Items via Direct Sale and the Buyer places an order via the Website to purchase such Items from the Seller via Direct Sale at the Price being requested by the Seller, a Contract shall be formed between the Buyer and the Seller. Upon the Buyer paying the Price in respect of that Contract to Collexchange Limited (“CX”), the Buyer will receive an automated email via the Website with the Seller’s identity and contact details, requesting that the Buyer contact the Seller to make arrangements for the delivery of the Items. Upon being contacted by the Buyer, the Seller will contact the Buyer to confirm they have received the Buyer’s order and begin the process of agreeing the logistical terms and associated costs of the delivery of the Items to the Buyer.
3.2 Where the Buyer is the Successful Buyer as part of an Auction:
3.2.1 CX will notify the Successful Buyer via the Website that they have made the highest bid for the Items no later than 2 days after the Auction Deadline; and
3.2.2 the Seller shall promptly contact the Successful Buyer to agree the logistical terms and associated costs of the delivery of the Items to the Buyer.
3.3 Unless otherwise agreed between the Seller and the Buyer, the Buyer shall be responsible for:
3.3.1 organising the delivery of the Items from the Seller to the Buyer; and
3.3.2 paying the costs associated with the delivery of the Items from the Seller to the Buyer directly to any third party appointed to deliver the Items from the Seller to the Buyer.
4.1 Sometimes the Seller may reject orders placed by a Buyer, for example, because:
4.1.1 they cannot verify the Buyer’s age (where the Items are age-restricted).
4.1.2 the Items were mispriced by the Seller; or
4.1.3 the Seller has omitted to remove Items from the Website which it has already sold to a third party or is no longer offering for sale.
4.2 When any of the events described in clause 4.1 occur, the Seller will let the Buyer and CX know as soon as possible. The Seller will refund any sums the Buyer has paid to the Seller unless CX still holds such sums on the Seller’s behalf, in which case CX will refund any sums the Buyer has paid to the Seller.
5.1 The Seller will charge the Buyer the Price once a Contract comes into existence between the parties.
5.2 All payments in respect of Items sold via the Website shall be made by Buyers via the Website payment portal. The payment portal on the Website will retain all amounts paid by a Buyer in respect of any Item bought from the Website for thirty (30) days from the day CX is notified that funds have been received on the payment portal on the Website, after which time , the Website payment portal shall then transfer the relevant amount to the account specified by the Seller.
6.1 Notwithstanding that the Buyer shall be responsible for organising (and the costs associated with) the delivery of the Items from the Seller to the Buyer, if the delivery of any Items is delayed by an event outside the Seller’s control, the Seller will contact the Buyer as soon as possible to let the Buyer know and the parties will work together in good faith to do what they can to reduce the delay. As part of this process, the Seller shall, on reasonable request from the Buyer, provide the Buyer with reasonable evidence that the Items have been delivered or made available for collection and/or delivery by a third party. The Buyer shall, on reasonable request from the Seller, provide the Seller with reasonable evidence that the Items have not been delivered.
6.2 As long as the Seller fulfils its obligations under clause 6.1 , they will not be required to compensate the Buyer for the delay. The Buyer is therefore strongly encouraged to obtain insurance in respect of any Items it has purchased whilst they are in transit, in order to protect against any loss of or damage to the Items as well as delayed delivery.
7.1 The true colour of any Items displayed on the Website may not exactly match that shown on the Buyer’s device or its packaging may be slightly different.
8.1 Buyers’ legal right to change their mind. For Items purchased via the Website, either by Direct Sale or Auction, the Buyer has a legal right to change their mind about their purchase and receive a refund of the Price. This is subject to some conditions, as set out below.
8.2 The deadline for a Buyer changing their mind. If a Buyer changes their mind about a Contract, the Buyer must let the Seller and Collexchange know no later than 14 days after the day the Items are delivered to the Buyer. If the Items are delivered over several deliveries over different days, the 14 day period runs from the day after the last delivery.
8.3 How to let the Seller and CX know. If a Buyer wants to change their mind about a Contract, then it must contact CX and the Seller using the contact details provided on the Website.
8.4 The Buyer has to return the Items at their own cost. The Buyer has to return the Items to the Seller within 14 days of the Buyer telling CX and the Seller that they have changed their mind. Unless agreed otherwise between the Buyer and the Seller as part of the Contract, returns are at the Buyer’s own cost.
8.5 Returning the Items. The Buyer should send the Items back to the Seller and keep a receipt or other evidence from the delivery service that provides reasonable evidence that the Buyer has returned the Items and when they returned the Items. If the Buyer does not do this and the Seller does not receive the Items at all or within a reasonable time, the Seller or CX (as appropriate) will not refund the Buyer the Price. For help with returns, the Buyer should contact the Seller using the contact details provided by the Seller.
8.6 The Seller will not refund delivery costs incurred by the Buyer which have not been paid to the Seller. Please note that the Buyer will not be entitled to a refund of any delivery costs which they have paid directly to a third party.
8.7 The Seller or CX (as appropriate) may reduce the Buyer’s refund if the Buyer has used or damaged the Items. If the Buyer handles the Items in a way which would not be acceptable if it were able to inspect the Items in-person prior to purchasing the Items, the Seller or CX (as appropriate) may reduce the Buyer’s refund, in order to compensate the Seller for the reduced value of the Items. In some cases, because of the way the Buyer has treated the Items, no refund may be due. The Seller or CX (as appropriate) will advise the Buyer on whether they are likely to reduce the Buyer’s refund.
8.8 When and how the Seller or CX (as appropriate) will refund the Buyer.
8.8.1 If the Buyer tells the Seller and CX they have changed their mind about any Items whilst the Price paid for the Items is still held in the Website payment portal, CX shall refund the Buyer on behalf of the Seller;
8.8.2 If the Buyer tells the Seller and CX they have changed their mind about any Items which have not been delivered or Items that the Buyer is collecting from the Seller, the Seller or CX (as appropriate) will refund the Buyer as soon as possible and within 14 days.
8.8.3 If the Buyer is sending the Items back to the Seller, the Seller or CX (as appropriate) will refund the Buyer within 14 days of receiving the Items (or receiving evidence the Buyer has sent the Items to the Seller).
8.8.4 The Seller or CX (as appropriate) will refund the Buyer by the method the Buyer used for payment and will not charge a fee for the refund.
9.1 If the Buyer thinks, either after inspecting the Items or after taking advice from an expert in the Items, there is something wrong with the Items (including but not limited to the age, historical relevance, provenance, value, condition, quality, safety and legality of Items not matching the description provided by the Seller on the Website), the Buyer must contact the Seller and CX using the contact details provided on or via the Website.
9.2 The Seller will honour their legal duty to provide the Buyer with Items that are as described on the Website and that meet all the requirements imposed by law. The Buyer’s legal rights are summarised below. These are subject to certain exceptions. For detailed information the Buyer should visit the Citizens Advice website www.citizensadvice.org.uk and consider exercising one of the several options for resolving disputes with the Seller, as set out in clause 16 .
9.3 Where the Buyer is entitled to a refund as a result of the Seller’s failure to comply with their legal duty to provide the Buyer with Items that are as described on the Website and that meet all the requirements imposed by law, the Seller shall refund the Buyer any delivery costs the Buyer has incurred, whether or not these were paid to the Seller or to a third party.
10.1 The Seller can always change Items to reflect changes in relevant laws and regulatory requirements.
11.1 The Seller can suspend the supply of Items in order to:
11.1.1 deal with technical problems or make minor technical changes.
11.1.2 update the Items to reflect changes in relevant laws and regulatory requirements; or
11.1.3 make changes to the Items as described in clause 10 .
11.2 The Seller will contact the Buyer in advance to tell them they are suspending supply of the Items, unless the problem is urgent or an emergency. If the Seller suspends supply of the Items for longer than one month they will adjust the Price so the Buyer does not have to pay for the Items while supply is suspended. If the Seller suspends supply, or tells the Buyer they are going to suspend supply for more than one month the Buyer may contact the Seller using the contact details provided on the Website to end the Contract and the Seller will refund the Price and any other sums the Buyer has paid in advance for Items the Buyer will not receive.
12.1 The Seller can stop providing Items, for example where:
12.1.1 it is no longer legal to sell the relevant Items.
12.1.2 they become required to hold any licences, consents, certifications, registrations, permits and any other necessary permissions in order to sell the relevant Items and are therefore prevented from selling such Items via the Website.
12.1.3 they cannot verify the Buyer’s age (where the Items are age-restricted).
12.1.4 the Buyer is, for whatever reason, no longer permitted to purchase the Items.
12.1.5 they cannot verify that the Buyer has all licences, consents, certifications, registrations, permits and any other necessary permissions in place in order to purchase the relevant Items.
12.2 The Seller will let the Buyer know as soon as possible if any of the circumstances described in clause 12.1 arise and will refund the Price and any other sums the Buyer has paid in advance for Items which will not be provided.
13.1 The Seller can end the Contract and claim any compensation due to the Seller if:
13.1.1 in respect of Items purchased via Direct Sale, the Buyer does not make payment via the Website payment portal when it is due and the Buyer still does not make payment within 2 days of CX reminding the Buyer that payment is due.
13.1.2 in respect of Items purchased via Auction, the Buyer does not make payment via the Website payment portal when it is due and the Buyer still does not make payment within 2 days of CX reminding the Buyer that payment is due.
13.1.3 the Buyer does not, within a reasonable time of the Seller asking for it, provide the Seller with information or cooperation that the Seller needs to ensure that it is lawfully permitted sell the Items to the Buyer, for example:
(a) proof of the Buyer’s age (where the Items are age-restricted); or
(b) proof of any licences, consents, certifications, registrations, permits and any other necessary permissions required in order to purchase the relevant Items;
13.1.4 the Seller cannot verify the Buyer’s age or establishes that the Buyer is not of an age to purchase the Items (where the Items are age-restricted).
13.1.5 the Buyer is, for whatever reason, no longer permitted to purchase the Items.
13.1.6 the Seller cannot verify that the Buyer has (or establishes that the Buyer does not have) all licences, consents, certifications, registrations, permits and any other necessary permissions in place in order to purchase the relevant Items.
14.1 The Seller is responsible for losses the Buyer suffers which are caused by the Seller breaking the Contract and/or these T&Cs of Supply unless the loss is:
14.1.1 unexpected, in that it was not obvious that it would happen and nothing the Buyer said to the Seller before the Contract was entered into meant the Seller should have expected it (so, in the law, the loss was unforeseeable).
14.1.2 caused by a delaying event outside the Seller’s control, as long as the Seller has taken the steps set out in clause 6.1.
14.1.3 avoidable, in that it was something the Buyer could have avoided by taking reasonable action, including following the Seller’s reasonable instructions; or
14.1.4 a business loss, in that it relates to the Buyer’s use of the Items for the purposes of their trade, business, craft or profession.
16.1 The Buyer has several options for resolving disputes with the Seller:
16.1.1 the Buyer may submit a complaint directly to the Seller and/or CX by using the contact details provided on the Website.
16.1.2 the Buyer may submit a compliant to any independent body which the Seller refers it to.
16.1.3 the Buyer may go to court.
16.2 These T&Cs of Supply are governed by English law and wherever the Buyer lives they can bring claims against the Seller in the English courts. If the Buyer lives in Wales, Scotland or Northern Ireland, the Buyer can also bring claims against the Seller in the courts of the country the Buyer lives in. The Seller can claim against the Buyer in the courts of the country the Buyer lives in.
17.1 Nobody else has any rights under the Contract or these T&Cs of Supply. The Contract is between the Seller and the Buyer. Nobody else can enforce it and neither party will need to ask anybody else to sign-off on ending it.
17.2 If a court invalidates some of the Contract or these T&Cs of Supply, the remainder of the provisions will still apply. If a court or other authority decides that some of the Contract or these T&Cs of Supply are unlawful, the rest will continue to apply.
17.3 Even if the Seller delays in enforcing the Contract or these T&Cs of Supply, the Seller can still enforce the same later. The Seller might not immediately chase the Buyer for not doing something (like paying) or for doing something they are not allowed to, but that doesn’t mean the Seller cannot do it later.
Advice note related to Buying and Selling Firearms, Knives and other Weapons