In these Conditions, "we", "us" or "our" means Sell It Gold Limited. When we refer to Sell it Gold this includes the website located at www.sellitgold.com, and all other platforms operated by us.

OUR CONTRACT WITH YOU

1. By placing an advert with us, you are deemed to have accepted these Conditions.
2. Each time we accept a request from you to place an advert on Sell It Gold, a separate severable contract is formed between you and us which is subject to these Conditions.

 

PLACING AN ADVERT

1. When you place an advert on Sel It Gold, you will be given a username and password which you are responsible for keeping secure. Sell It Gold will not be liable to you if you fail to keep your username and password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
2. If we accept your advert, whilst we cannot give any guarantees regarding timescales, we aim to process and publish adverts supplied online within 24 hours of receipt.
3. Adverts placed may appear on all Sell It Gold platforms, including desktop, mobile and tablet, and all third party social media platforms on which Sell It Gold are active.
4. As soon as your advert has been accepted for publication, a confirmation email will be sent to you explaining that the advert has gone live on Sell It Gold and you will be given a unique identification number in respect of your advert. In the event that an advert has been rejected for publication, we will attempt to contact you to explain why your advert has been rejected. In the event that we reject the advert prior to publishing, no charge will be incurred by you. Please note that no contract will be deemed to exist between you and us until we have sent you a confirmation email.

 

ADVERT CONTENT GUIDELINES

1. We may accept photographs and videos (in a format to be determined by Sell It Gold) of jewellery for use in adverts. However, we reserve the right in our sole discretion not to include a photograph and/or video in an advert.
2. Each image of every product should be an image of the actual product and not computerised images or CAD drawings
3. You are solely responsible for uploading any photographs and videos which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs and/or videos you upload or provide to us.
4. Photographs and videos which form part of the adverts must:-
1. be accurate in their description of the Jewellery being displayed;
2. comply with all applicable legislation and regulation;
3. not contain any material that is subject to third party intellectual property rights or other third party proprietary rights (including rights of privacy or rights of publicity);
4. not be defamatory or derogatory of any person or organisation;
5. not contain any strong profanity or inappropriate content or be obscene, offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious or sexually graphic;
6. not be in any way discriminatory or promote discrimination of any kind;
7. not be pornographic or violent;
8. not disclose any personal information in respect of any individual (and personal information for the purpose of these Conditions is any information that can be used to identify a person or contact a person by any means);
9. not impersonate any person or misrepresent your identity or affiliation with any person or company;
10. not be unlawful or advocate, promote, incite any third party to commit or assist any unlawful or criminal act or contain any description or mention of illegal activity;
11. not contain a statement which is direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
12. not, other than solely in relation to the sale of the jewellery product which is the subject of your advert, contain any advertising, promote any goods or services, to another website or notify users of a promotion not approved by Sell It Gold or otherwise attempt to make a commercial gain;
13. not contain any spam;
14. not contain text or audio not relevant to the product being described;
15. not be in any language other than English;
16. not be irrelevant or off-topic; and
17. not contain a url or link to any other site except the Advertiser’s own website. Sell It Gold may check such photographs and videos which form part of the adverts to ensure that such content meets the above requirements
5. If a photograph and/or video in your advert does not meet the requirements set out in Conditions, we reserve the right not to publish the photograph and/or video (as applicable), to remove the relevant photograph and/or video (as applicable) from the advert or to remove the advert in its entirety from Sell It Gold.
6. If you need to amend your advert, you can use the online edit functionality featured on Sell It Gold.
7. You warrant that:
1. you are a resident in the UK;
2. you are not acting in the course of trade or business;
3. you have the right to sell the jewellery in the advert;
4. the information contained within the advert is a true and accurate representation of the Jewellery to which it relates.
5. the advert has consistent and accurate pricing throughout (in both the asking price section and the description)
6. all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation;
7. the publication of the advert by us will not breach any contract, infringe any third party intellectual property rights or other rights; render us or any other company in our group liable to any proceedings; and/or cause a detriment to our reputation and/or the reputation of any company within our group;
8. you will not upload any files to Sell It Gold that contain a virus and/ or corrupted data; and
9. If you refer to a Jewellery as being ‘Sold’ in any part of an advert, we shall automatically remove such advert from Sell It Gold.

 

OUR RIGHTS AND OBLIGATIONS

1. We shall provide the advertising service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Sell It Gold will be continuously available online or to guarantee the corruption free or error free transfer of an advert to Sell It Gold.
2. From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.
3. We will use reasonable endeavours to remedy faults or errors on Sell It Gold as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].
4. We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
5. We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/ or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.
6. We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions.
7. We may at any time vary the technical specifications of Sell It Gold (or any parts of them) for operational reasons.

CHARGES AND PAYMENT

1. The cost of placing an advert on Sell It Gold depends on the advertising package you select and all prices are quoted on Sell It Gold. All prices are inclusive of VAT.
2. We have the right to change our advertising rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates.
3. All adverts must be pre-paid prior to publication.
4. Payment for adverts is made either online through Sell It Gold.
5. Where payment is taken through Sell It Gold, we will refer you to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of your payment online. Payment can be made using Visa, MasterCard or Maestro. Any cards used for payment must be registered in the UK to be accepted. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.

INTELLECTUAL PROPERTY RIGHTS

1. In respect of any materials which you supply to us ("Materials"), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
2. You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs, videos or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.

OUR RIGHT TO TERMINATE THE CONTRACT

1. We shall be entitled to terminate the contract with you and remove an advert at any time. We will provide you with notice of the removal of your advert. In such circumstances we shall provide a refund to you for the unexpired part of the advertising term.
2. We may immediately suspend or terminate the contract and remove an advert where:
1. you breach a term of these Conditions;
2. we reasonably suspect that you are not complying with the provisions of Condition;
3. if in our reasonable opinion, we have reason to believe that you have been abusive to our staff or we receive a complaint from a third party regarding your conduct in the sale of an advertised product; and/ or
4. any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you.
5. If we remove an advert in accordance with Condition 3 above, you will not be entitled to any refund for the advert in question.

YOUR RIGHT TO CANCEL

1. Please note that the digital advertising package provided by Sell It Gold is a bespoke package, tailored to your requirements and is created instantaneously.
2. By submitting your advert for publication, you acknowledge that your right to cancel your advertising package contract at no cost to you will be lost and you will not be entitled to a refund.
3. An advert can be removed at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel your advertising package due to our breach of the contract.

LIABILITY

1. Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.
2. If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the advert was published and the contract was formed.
3. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Sell It Gold, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Sell It Gold or your downloading of any material posted on it or on any website linked to it.
4. We cannot guarantee that by placing an advert on Sell It Gold, you will sell the product in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your jewellery for sale.
5. If, as a result of placing an advert, you are successful in selling your jewellery product, Sell It Gold will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your Product which you might enter into with a third party.
6. You agree that any questions and complaints regarding a Product advertised in your advert will be your responsibility only and that we do not have any liability in this regard.
7. In the event of any error or omission in an advert, we may at our sole discretion either amend the relevant part of the advert or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the advert or where it arises as a result of incorrect or inadequate information provided by you.
8. We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
9. Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.

DATA PROTECTION AND SECURITY

1. We take security very seriously and provide advice on the Sell It Gold Website on steps you can take to ensure your safety and security when selling your product.
2. By submitting an advert to us, you are requesting that your advert appears on Sell It Gold. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
3. You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes (as further detailed in our Privacy Policy) and which may include the prevention and detection of fraud, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations. Our Privacy Policy can be found on our website and we advise you to read it.  

INFORMATION ABOUT US AND HOW TO CONTACT US

1. Sell It Gold is the trading name of Sell It Gold Limited, a company registered in England and Wales with registered company number 15397127, and whose registered office address is Sell It Gold Limited, 5 Greville Street, London EC1N 8PQ.
2. If you wish to contact us in writing, you can do so by:
1. e-mailing enquiries@Sellitgold.com; or
2. If you would like to speak to us on the telephone to discuss an advert that you have placed, to make a complaint about your advert or for general enquiries, please email us on enquiries@sellitgold.com with your details and telephone number and someone will call you back after looking at your enquiry.
3. Please note that if we have to contact you or give you notice in writing, we may do so by e-mail, or by pre-paid post to the address you provide to us at the time you placed the advert.

GENERAL

1. We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
2. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
3. If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
4. These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
5. These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.