Terms and Conditions

The terms and conditions below are legally binding on you as a customer in relation to the potential assessment and sale of any items which you send to A Forrest Hay Limited, registered office at 31 The Cross, Worcester, WR1 3PZ (no gold is processed or stored at this address) (“A Forrest Hay”) (“we”) (the “Property”).

1.	Requirements for Use
	You warrant to A Forrest Hay that:
1.1	you are at least eighteen (18) years of age;
1.2	you are resident in the United Kingdom;
1.3	you are an individual who under this contract is not acting for the purposes of your trade, business or profession;
1.4	you have good and marketable title to the Property;
1.5	the Property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever;
1.6	the Property is not from, or the result of, illegal activity in any part of the United Kingdom or any other country;
1.7	any transaction initiated by you will not cause A Forrest Hay to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of any part of the United Kingdom or any other country;
1.8	you are the actual legal owner of and have full authority to sell the Property to A Forrest Hay (A Forrest Hay may, but shall not be required to, ask you to provide documentation or other proof of such ownership); and
1.9	you are acting on your own behalf and not as the agent or representative of another person.

2.	Shipping and Insurance
2.1	All Property sent to A Forrest Hay by you must be sent in the provided packaging (the “Gold Kit”) or by a carrier that employs a system whereby your shipment can be traced. The tracking applications of third party carriers such as Royal Mail will be the sole proof that the Property was mailed to A Forrest Hay. We also strongly advise that you provide the number of items on the customer form which you must return to us.
2.2	In the event you use the Gold Kit, the Property will be insured for five hundred pounds (£500) if carried by Royal Mail. You must hand in the provided Royal Mail special delivery envelope at a Post Office branch or to your collection driver to get a signed receipt as proof of posting and to be covered by the pre-paid insurance. If you wish to insure your Property for more than five hundred pounds (£500), you must do so at your own expense.
2.3	In the event you use your own packaging rather then the Gold Kit, you must insure your Property with the carrier for its full value and if it is lost or stolen prior to reaching A Forrest Hay you must make a claim against the carrier.
2.4	A Forrest Hay reserves the right to reject delivery of any package which appears to be damaged, opened, or tampered with on delivery. Any such item will be returned to you without any liability to Postal Gold.

3.	Precious Metals, Possible Damage to your Property, Precious and Semi-precious Stones, Costume Jewellery and Hazardous Materials
3.1	Precious Metals: A Forrest Hay purchases precious metals such as second hand jewellery for refining, not for resale. Postal Gold does not purchase silver. Prices are based solely on the weight and carat grade contained in the jewellery, not on its potential value if resold intact. The prices we offer may therefore be lower than the resale value if sold intact.
3.2	Possible Damage to your Property: By sending us your Property, you accept that the process of determining a value may involve placing certain acids on the gold or platinum and this can leave permanent staining and/or deep scratches. You also accept that non-precious metal parts including but not limited to stones or watch-glasses may be destroyed and are not recoverable if you decide not to accept our valuation of your goods pursuant to section 6.1
3.3	Precious and Semi-Precious Stones: A Forrest Hay does not purchase precious or semi-precious stones; therefore, you must remove any precious or semi-precious stones from your Property prior to shipping of your Property to A Forrest Hay. A Forrest Hay will not be held responsible for loss or damaged precious or semi-precious stones contained in your Property that is sent to us for valuation.
3.4	Costume Jewellery: A Forrest Hay does not purchase costume jewellery or items not containing precious metals. We will inform you, after assessment if the Property does not contain precious metals. Please note that items not containing precious metals will not be returned by A Forrest Hay, except if you request these items be returned to you at your expense on the customer form or within seven (7) days of the date when you are informed that the Property does not contain precious metals. In such case, A Forrest Hay will charge a ten pound (£10) fee to cover return postage and processing in order to return any Property not containing precious metals to you. You need to send a pre-payment of ten pounds (£10) to us, before your Property is returned to you. In case we buy the precious metals parts of your Property, the ten pound (£10) fee will be deducted from you payment.
3.5	Hazardous Materials: You agree not to send in any hazardous materials irrespective of how they are contained or presented especially those containing: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other toxic elements.

4.	Limitation of Liability
4.1	We will not be liable for loss or damage caused to your Property as described in clause 3, save where caused by our negligence.
4.2	This clause does not include or limit in any way our liability for:
	(a) death or personal injury caused by our negligence; or
	(b) fraud or fraudulent misrepresentation; or
	(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4.3	We are not responsible for indirect losses which happen as a side effect to the main loss or damage, including, but not limited to;
	(a) loss of income or revenue;
	(b) loss of business;
	(c) loss of anticipated savings;
	(d) loss of data; or
	(e) any waste of time.
	However, this clause 4.3 does not prevent claims for foreseeable loss of, or damage, to your physical property.
4.4	Without prejudice of any other of these conditions, any liability of A Forrest Hay to you shall be limited to the unwrought value by weight of the metal comprised in the Property (“unwrought” means the metal in its native state, before being worked on).
4.5	4.5. If you wish to submit a claim for loss or damage to your Property to A Forrest Hay, you must notify us to request a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to A Forrest Hay in accordance with the instructions.

5.	Processing of Transactions
5.1	Once your Property has been received by A Forrest Hay, your Property will be assessed and a payment will be issued to you within twenty-four (24) hours of such assessment via the method you have selected (cheque or bank transfer). A Forrest Hay will send you a notification by email confirming that we want to buy the Property from you and the amount of your payment on the payment issue date (the “Notification”).
5.2	Items are delivered to A Forrest Hay (5) days per week, Monday through Friday, 9am until 5pm, exclusive of UK bank holidays or weekends. In the event the twenty-four (24) hour period referred to above would extend into a weekend or holiday, your Property will be processed and payment issued the first business day following the holiday or weekend. The twenty-four (24) hour period does not include the time it takes for your payment to be delivered to you.
5.3	The payment for your Property will include VAT.

6.	Cancellation and Return of Property
6.1	If you decide not to accept our valuation, simply contact us via phone or email and return the payment so that it arrives in our offices or bank, account within seven (7) days after the Notification. Failure to do so might result in the processing of your Property and once processed, the Property cannot be recovered. Payment must be returned via the method you have received it (the original cheque or bank transfer) with your name and order number as a reference. Please be aware that it may take up to three working (3) days for the payment to reach us.
6.2	We will return your Property within thirty (30) days of the date on which you notify us that you do not accept our valuation under clause 6.1.
6.3	Once you cash your cheque, you cannot cancel the sale of your Property persuant to clause 6.1

7.	Ownership and Risk
7.1	Ownership of the Property will only pass to us once the payment is received by you.
7.2	If the Property is lost before it is valued and you wish to make a claim against A Forrest Hay, you will need to provide evidence of the value of the property. We strongly advise that you take a photo of your Property before sending it to us.

8.	Return Insurance Liability
	Unless you have notified us otherwise either via phone or email, prior to the return of your Property, and you agree to pay for any extra insurance, any Property valued at the equivalent of 100 x First Class stamps at the first weight step (the “Threshold Value”) or less will be sent by Second Class Mail with compensation level of the Threshold Value, whereas any Property valued at more than the Threshold Value will be sent with Royal Mail Special Delivery with compensation levels of £500, £1,000 or £2,500 depending on the Property value.

9.	Choice of Law
	These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

10.	Waiver
	A Forrest Hay's failure to exercise or enforce any right or provision of the terms and conditions will not be deemed to be a waiver of such right or provision.

11.	Severability
	If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

12.	The Contracts (Rights of Third Parties) Act 1999
	A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

13.	Assignment
	We may transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.

14.	Change of Terms and Conditions
14.1	We reserve the right to change these terms and conditions from time to time and advise you to revisit our website, aforresthay.com, periodically to ensure that you are aware of our current terms and conditions. Additionally, we will prominently note on our website that our terms and conditions have been changed.
14.2	You will be subject to the policies and terms and conditions in force at the time that you sell your Products to us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.