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TERMS AND CONDITIONS
Introduction
We want you to enjoy using our Website and the information and Products that we provide through it. All information on this site is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms and Conditions (the “Terms”), which govern the contract between us. They set out the basis of how you use our Website, the purchase of our Products, what we provide, what we charge, and what we may ask of you in return.
By submitting an enquiry and/or placing an order with Numara, you agree to be bound by these Terms and our Privacy Policy, which will apply to any purchase you make from Numara through this Website.
SUMMARY
1 Definitions
2 Product Details
3 Price of the Products
4 Enquiries
5 Order Acceptance and Payment
6 Our Right to Cancel
7 Delivery
8 Right of Cancellation
9 Warranties and Refunds
10 Returns Procedure
11 Use of Website
12 Liability
13 Notices, Enquiries and Complaints
14 Intellectual Property
15 Privacy Policy
16 General
1. Definitions
1.1 In these terms and conditions (“the Terms”), unless the context otherwise requires, the following words and phrases shall have the following meanings:
“Customer Material” means any information provided by you to Numara including, without limitation, your personal details, quantities, delivery details, requirements, or any information provided in an enquiry or order;
“Enquiry” means any enquiry made of Numara;
“Force Majeure Event” means any delay or failure to perform our obligations under these Terms arising from circumstances beyond our reasonable control, including (without limitation) acts of God, communications failure, fire, flood, strikes, riots, accidents, disruption to energy supplies, civil commotion, acts of terrorism, or war;
“Order Confirmation” means a confirmation issued by Numara to you confirming receipt of payment and acceptance of your order;
“Price” means the price issued by Numara to you in response to an order or enquiry;
“Product” means any product offered for sale on the Website;
“Numara”, “we” or “us” means Numara;
“Website” means the Numara website through which Products are offered for sale;
“Writing” includes email or other comparable means of communication;
“You”, “your” or “customer” means the person, firm or company placing an order for Products with Numara.
2. Product Details
2.1 The Products displayed on this Website are not shown to actual size and images are not binding as to detail. Some Products may appear larger or smaller than their actual size due to screen settings and photography techniques. Certain Products may be represented larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Your attention is drawn to the Product description and details provided. If the Product you receive is materially different from the Product description, you may be entitled to a refund in accordance with these Terms.
2.2 All Products are subject to availability. In the unlikely event of a discrepancy in the specification or quality of the Products ordered, Numara will offer a refund where appropriate, provided the issue is notified to us within a reasonable period following delivery.
3. Price of the Products
3.1 Subject to the provisions of clauses 3.4 and 3.5, the Price of the Products shall be as stated on the Website at the time you submit your order.
3.2 Prices stated on the Website are for the Product(s) only. Where applicable, delivery and insurance costs are additional to the Prices stated.
3.3 All Products must be paid for in full before being dispatched.
3.4 The Price of Products stated on the Website may vary due to factors outside the control of Numara, or if there is a delay between the time of placing your order and the issuance of your Order Confirmation. In such circumstances, you will be entitled to cancel your order if the revised Price is not acceptable to you.
3.5 Without prejudice to clause 3.4 or later cancellation provisions, if Numara discovers an error in the Price of a Product offered, we will contact you to resolve the situation.
4. Enquiries
4.1 By making an Enquiry to Numara, you are under no obligation to purchase any Product. However, by submitting an Enquiry you agree to be bound by these Terms and our Privacy Policy.
5. Order Acceptance and Payment
5.1 Before your order can be accepted, Numara must receive payment in full in cleared funds, or confirmation of authorisation of payment where a card or electronic payment method is used, for the total purchase price without any deduction.
5.2 When we receive your order, we will send you an acknowledgement of receipt by email. Once payment has been received in accordance with clause 5.1, we will confirm acceptance of your order by issuing an Order Confirmation to the email address you provide. A binding contract between you and Numara will come into existence at the point we issue the Order Confirmation.
5.3 You may pay for Products using any currency or payment method displayed on the Website at the time your order is placed.
5.4 Payment for Products must be made using one of the methods specified on the Website, which may include, without limitation:
5.4.1 bank transfer to Numara;
5.4.2 debit or credit card;
5.4.3 PayPal or other electronic payment services made available on the Website from time to time.
5.5 In the event that payment for an order is not received in full, or you are not authorised to use your chosen payment method, or sufficient funds are not available to cover the Price of the Products, Numara reserves the right to:
5.5.1 contact you to request full payment within a specified time period using the same or an alternative payment method; or
5.5.2 cancel your order at our sole discretion, in which case any sums received from you will be refunded within 7 days to the original payment method;
5.5.3 you agree that in such circumstances Numara shall have no liability to you for any loss, damage, costs, expenses or other claims you may incur as a result of the cancellation.
5.6 You agree to indemnify Numara in full against all reasonable costs and expenses incurred by us in recovering or attempting to recover payments from you in the event of a failed or reversed payment.
6. Our Right to Cancel
6.1 Numara reserves the right to cancel your order in the following circumstances:
6.1.1 if, after receiving your order but before issuing an Order Confirmation, we become aware of a pricing or listing error relating to the Product you have ordered, in which case we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2 if a Force Majeure Event occurs which prevents or materially delays our ability to fulfil the order.
6.2 If we cancel your order, we will notify you by email or telephone and will refund any amounts paid to us as soon as reasonably practicable and in any event within 7 days of cancellation.
6.3 Numara shall not be liable to you for any loss, damage, costs, expenses or other claims arising from the cancellation of an order prior to the issuance of an Order Confirmation.
6.4 Nothing in this clause 6 affects your statutory rights as a consumer, nor does it affect any cancellation rights expressly set out elsewhere in these Terms.
7. Delivery
7.1 Numara will arrange delivery of Products to the delivery address provided by you at the time of ordering. It is your responsibility to ensure that all delivery details provided are accurate and complete.
7.2 Delivery times stated on the Website are estimates only and are not guaranteed. Numara shall not be liable for delays caused by third-party carriers, including but not limited to Royal Mail or courier services.
7.3 Risk of loss or damage to the Products shall pass to you upon delivery. Title to the Products shall pass to you once payment in full has been received by Numara.
7.4 All Products are dispatched using tracked and, where appropriate, insured delivery services. If a Product is lost in transit, Numara will investigate the matter with the carrier and, where compensation is received, will refund you accordingly.
7.5 Numara shall not be responsible for delays or losses caused by incorrect delivery information supplied by you.
8. Right of Cancellation
8.1 Due to the nature of the Products sold by Numara, all sales are final once an Order Confirmation has been issued.
8.2 Products sold by Numara include collectible and numismatic items whose value is subject to fluctuations in financial markets beyond our control. As such, the statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply.
8.3 You will not be entitled to cancel an order or receive a refund due to a change of mind, market price movements, or dissatisfaction with the Product where the Product matches the description provided on the Website.
8.4 Nothing in this clause affects your statutory rights where a Product is faulty, not as described, or where Numara has made an error.
9. Warranties and Refunds
9.1 Numara warrants that Products will materially correspond with their description on the Website at the time of sale.
9.2 Refunds will only be issued in the following circumstances:
9.2.1 where the Product received is materially different from the description provided on the Website;
9.2.2 where the incorrect Product has been supplied due to an error on Numara’s part;
9.2.3 where the Product has been lost in transit and compensation has been successfully recovered from the carrier.
9.3 No refunds will be issued for reasons including, but not limited to, changes in market value, buyer’s remorse, grading opinions, or subjective assessments of condition, provided the Product matches the description supplied.
9.4 Where a refund is approved, it will be made using the original payment method within a reasonable period after the matter has been resolved.
10. Returns Procedure
10.1 Returns will only be accepted where Numara has agreed in writing that a return is appropriate in accordance with clause 9.
10.2 You must notify Numara in Writing of any issue with a Product within a reasonable period following delivery, providing sufficient detail to allow us to assess the issue.
10.3 Products returned without prior written authorisation from Numara will not be accepted.
10.4 Where a return is authorised, the Product must be returned in the same condition as supplied, securely packaged, and using a tracked delivery service.
10.5 Numara reserves the right to refuse a refund where returned Products show signs of damage, alteration, handling inconsistent with reasonable inspection, or substitution.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes, without limitation, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
11.2. Where Numara provides any information in relation to Products supplied by third parties, Numara does not give any warranty, guarantee or representation as to the accuracy, completeness or suitability of such information and shall have no liability to you for any loss arising as a result of reliance upon it.
11.3. Numara does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect or consequential loss arising out of the use of, or inability to use, the Website.
11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated at any time without notice. Numara reserves the right to make improvements and/or changes to the Website at any time.
11.5. Any personal information we receive from you through the Website will be dealt with in accordance with our Privacy Policy.
11.6. This Website may contain links to third-party websites over which Numara has no control. We make no representations and accept no responsibility for the content, accuracy, or availability of any such websites.
12. Liability
12.1. Nothing in these Terms shall limit or exclude Numara’s liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
12.2. If you are a consumer, nothing in these Terms shall affect your statutory rights under applicable consumer protection legislation.
12.3. Subject to clauses 12.1 and 12.2, Numara shall not be liable for any indirect, special or consequential loss, including without limitation loss of profit, loss of business, or loss of opportunity arising out of or in connection with the supply or non-supply of Products or use of the Website.
12.4. Where Numara provides information relating to Products supplied by third parties, we make no warranty or guarantee as to the accuracy of such information and shall not be liable for any loss arising from reliance on it.
12.5. In any event, Numara’s total liability to you in respect of any order, whether arising in contract, tort or otherwise, shall not exceed the total value of the order placed by you.
12.6. Numara shall not be liable for any failure or delay in performance of its obligations where such failure or delay results from a Force Majeure Event.
12.7. You are responsible for complying with all applicable laws and regulations relating to the import, export, possession or resale of any Products purchased from Numara. We accept no liability for any breach of such laws by you.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be directed to Numara using one of the following methods:
13.1.1. By email;
13.1.2. By written correspondence sent to:
Numara, 66 Dumbrills Close, Burgess Hill, West Sussex, United Kingdom
13.2. Notices will be deemed received when delivered by hand, sent by email, or two working days after posting if sent by first-class post.
14. Intellectual Property
14.1. The entire content of the Website, including without limitation all text, images, photographs, graphics, logos, trademarks and other material, is the property of Numara or its licensors and is protected by copyright and other intellectual property laws.
14.2. You may view, download and print content from the Website solely for your personal, non-commercial use and for the purpose of placing orders with Numara. You must not copy, reproduce, distribute, transmit, display publicly, create derivative works from, or otherwise commercially exploit any content on the Website without our prior written consent.
14.3. All intellectual property rights in the Products (subject to the rights of any third party) remain the property of Numara.
14.4. You warrant that any information or material you provide to Numara will not infringe the intellectual property or other rights of any third party, and you agree to indemnify Numara against any loss, damage, costs or expenses arising from any such infringement.
15. Privacy Policy
15.1. Numara is committed to protecting your privacy. Any personal data collected through the Website will be processed in accordance with applicable data protection legislation and our Privacy Policy.
15.2. By using the Website or placing an order, you acknowledge and agree that your personal information may be collected, stored and used by Numara for the purposes of processing orders, fulfilling contractual obligations, and communicating with you.
15.3. Further details regarding how we handle personal data are set out in our Privacy Policy, which forms part of these Terms.
16. General
16.1. These Terms govern the contract between you and Numara to the exclusion of any other terms and conditions unless expressly agreed in writing by Numara.
16.2. Numara reserves the right to amend these Terms from time to time. Any changes will be published on the Website and will not affect any orders already accepted by us.
16.3. Any failure or delay by Numara in enforcing any provision of these Terms shall not constitute a waiver of our rights.
16.4. If any provision of these Terms is held to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed and the remaining provisions shall remain in full force and effect.
16.5. These Terms, together with the Website content, prices, delivery information and Privacy Policy, constitute the entire agreement between you and Numara in relation to the supply of Products.
16.6. These Terms shall be governed by and construed in accordance with the laws of England and Wales, and you submit to the exclusive jurisdiction of the courts of England and Wales.
16.7. These Terms do not create or confer any rights or benefits enforceable by any person who is not a party to them, within the meaning of the Contracts (Rights of Third Parties) Act 1999.
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