About this agreement
These Terms of Service govern access to joingrails.com, the Grails Privé private platform, club groups, memberships and services (together, the “Services”). “Grails Privé”, “we”, “us” and “our” refer to Grails Privé, a UK private company operating from the address below. “You” means the person using the Services or the business they are authorised to represent.
Grails PrivéCherry Tree Court, Cross Street, Leek, Staffordshire, ST13 6BL, United Kingdom
hello@grailsprive.com
By applying for membership, opening an account or placing an order after being presented with these terms, you agree to them. A paid service contract is formed when we accept your order or confirm your membership and payment arrangements. An application or automated receipt alone is not acceptance. Your order confirmation identifies the service, price, duration and any additional terms. Specific agreed service terms take precedence for that service; mandatory legal rights always take precedence.
Our Privacy Policy explains how personal information is handled. Marketing and optional tracking require separate consent and are not authorised merely by accepting these terms.
Eligibility, accounts and membership
You must be at least 18, capable of entering a binding contract and authorised to act for any business you represent. Supply accurate, complete information and keep it current. We assess membership and dealer applications, request supporting information and refuse applications that do not meet our eligibility, conduct or verification standards.
Membership is personal to the approved individual or business. It cannot be transferred, shared or resold without our written agreement. Protect passwords and invitation links, restrict access to authorised users and report unauthorised access promptly. You are responsible for activity you authorise and for losses caused by your failure to take reasonable account-security precautions.
Each club is a separate membership. Access to one does not include another. Collector membership includes the participation rights described at enrolment. Professional selling, dealer-only access and other paid features require the relevant approval and paid membership. A member must not misrepresent business trading as occasional private selling.
The platform and our role
Grails Privé provides a private platform and communication channels through which members connect, publish information and arrange transactions. We are not the buyer, seller, auctioneer, insurer, guarantor or escrow provider in a transaction between members. A member is not our employee, representative or agent merely because they have membership or a verified badge.
A contract to buy, sell or exchange an item is between the participating members. They are responsible for agreeing, performing and enforcing it, including description, authenticity, title, price, payment, delivery, insurance, taxes, returns and warranties. We do not hold or protect transaction funds unless an expressly agreed service contract specifically states our role and responsibilities.
Where you separately engage us to provide a paid service, our obligations are those in these terms and the accepted service order. These platform provisions do not exclude responsibility for our own contractual obligations.
Member trading and due diligence
You must carry out independent due diligence before entering a transaction or transferring funds. Membership, introductions, references, administrator activity, verification and payment-provider availability are not a substitute for those checks.
- Confirm the counterparty’s identity, trading status, authority to sell and contact information using an independently verified channel.
- Check the item’s authenticity, ownership, condition, provenance, serial or reference details, documentation, service history and any alterations or replacement parts.
- Agree the price, currency, payment method, inspection arrangements, delivery, insurance, transfer of risk, returns and any warranty in writing.
- Verify the beneficiary and bank details independently before payment, including any change of payment instructions. Do not rely solely on a group profile, screenshot, email or payment notification.
- Use payment, inspection, delivery and insurance arrangements appropriate to the transaction. Confirm cleared funds before releasing goods.
- Keep the listing, correspondence, invoice, payment record and delivery evidence. Comply with relevant tax, customs, import, export and product rules.
Grails Privé does not guarantee another member’s identity, solvency, honesty, title to goods, statements or performance. We do not guarantee the authenticity, condition, availability, value or investment performance of member-listed goods. We are not responsible for a member’s fraud, non-payment, non-delivery, misdescription or contractual default merely because the transaction arose through the Services. Section 13 governs our liability and preserves rights that cannot lawfully be excluded.
Verification and professional sellers
Dealer approval and a verified badge indicate that the information considered in our review met our requirements at the time of approval. They are not a continuing guarantee of the dealer or authentication of each item in their inventory. We can recheck eligibility and withdraw verification when the criteria are no longer met.
Sellers must have legal title or valid authority to sell; accurately disclose identity and whether they act as a trader; use truthful descriptions and photographs; disclose material defects, alterations, replacement parts and relevant limitations; and comply with consumer, tax and product laws. Counterfeit, stolen, unlawfully obtained or prohibited goods are not permitted.
Any separately ordered verification or assessment service is limited to its stated scope and the evidence examined. Its result does not promise a selling price, future condition or a third party’s acceptance. We provide our own services with reasonable care and skill. Nothing in this section removes remedies for a service we fail to perform properly.
Fees, payment and renewal
Collector membership is free. Dealer membership is US$1,450 per year for each selected club. Separate services carry the charge stated before the order is placed. The order or invoice specifies the amount, currency, taxes, payment date and service period. No fee is charged merely for submitting a membership application.
We accept Stripe-supported payments and bank transfers using the instructions supplied with the relevant order or invoice. You authorise the payment you submit and confirm authority to use the payment method. Access to a paid service begins after approval and receipt of the required payment. A bank transfer is received only when cleared funds reach the designated account and can be reconciled to your order.
Use the exact beneficiary and reference provided. Verify changed instructions through an existing, independently confirmed contact channel. Bank or currency-conversion charges imposed by your own provider are your responsibility; we do not add undisclosed charges. Suspected payment errors should be reported promptly. Your lawful rights to dispute a payment remain intact.
A dealer membership runs for the annual period shown in the confirmation. Automatic renewal applies only where the renewal terms, amount or calculation, billing interval and cancellation method are expressly disclosed and accepted at checkout. Otherwise, renewal requires a new payment. Cancel an authorised renewal before the renewal date by emailing hello@grailsprive.com; cancellation takes effect for the next unpaid period. Bank transfer instructions do not authorise us to debit your account.
Price changes apply to future orders or renewals after advance notice, not to a paid term already in progress. You can decline renewal. A failed or overdue payment can result in suspension of the unpaid service after notice; this does not authorise unrelated charges.
Service orders
The description and accepted order define the scope, deliverables, timetable, fees and responsibilities for each paid service. Any authority for us to act on your behalf must be expressly agreed. We do not acquire authority to sell an item, accept an offer, incur expenses or hold money simply because you are a member.
Provide information, documents and access reasonably required to perform the service. Additional work or charges require agreement before they are incurred. Where goods or funds are entrusted to us, the service agreement must identify custody, insurance, payment and return arrangements. Our obligations for property in our custody are not excluded by the member-to-member trading provisions.
A service fee pays for the agreed work, not a guaranteed transaction, sale price, commercial return or outcome unless the order expressly promises that result.
Cancellation, refunds and consumer rights
You can end a free membership at any time by contacting us. For a paid membership, cancelling renewal normally leaves access in place until the end of the paid term. Outside a statutory cancellation right, a service failure or an express refund promise, fees for a membership period already supplied are not refundable merely because you do not use it. Unperformed service work and any cancellation charges are dealt with under the accepted order and applicable law; charges must be proportionate to work supplied and genuine loss.
Consumers purchasing at a distance
A consumer is an individual acting wholly or mainly outside their trade or profession. UK and EEA consumers have 14 days from entering a qualifying service contract to cancel without giving a reason. To cancel, send an unequivocal notice to our email or postal address. You can use the wording below, but it is not compulsory.
To Grails Privé, Cherry Tree Court, Cross Street, Leek, Staffordshire, ST13 6BL, United Kingdom; hello@grailsprive.com. I give notice that I cancel my contract for the following service: [service]. Ordered on: [date]. Name: [name]. Address: [address]. Date: [date]. Signature: [only if sent on paper].
If you expressly request that a service starts during the cancellation period, you pay only the proportionate amount properly due for work supplied before cancellation. The cancellation right for a fully performed service ends only after your express prior request to begin and acknowledgement that the right ends on full performance. We do not treat acceptance of these terms alone as that request or acknowledgement.
For separately supplied digital content, any loss of a statutory cancellation right requires the legally required express consent, acknowledgement and confirmation before supply begins. Merely accessing the website does not waive a cancellation right.
Refunds due following statutory cancellation are made within 14 days after we receive the cancellation notice, using the original payment method unless another method is expressly agreed, without a refund fee. For a bank transfer, we verify the repayment details. These terms do not exclude rights to reasonable care and skill, conformity with description, repeat performance, a price reduction, or other mandatory consumer remedies.
Member-to-member purchases have their own contracts. A trader selling to a consumer must provide the consumer rights required by law. Calling a transaction “private” does not remove those rights if the seller is acting as a trader.
Acceptable use and confidentiality
You must not use the Services for fraud, unlawful trading, money laundering, sanctions evasion, harassment, threats, discrimination, impersonation, infringement or deceptive conduct. Do not post counterfeit goods, false references, fabricated payment evidence or content you have no right to share.
Private member information, contact lists, group invitations and non-public discussions must not be scraped, copied, sold, published or used for unsolicited marketing. Do not record or redistribute private conversations or photographs without authority. This restriction does not prevent lawful reporting, seeking professional advice, preserving evidence, cooperating with authorities or exercising legal rights.
Do not share accounts, bypass access restrictions, introduce malicious code, automate access without permission, interfere with security or overload the platform. Group rules issued for the relevant club supplement these terms but cannot remove mandatory rights or retrospectively alter paid contractual obligations.
Content and intellectual property
You retain ownership of content you submit. You grant us a non-exclusive, royalty-free licence to host, store, reproduce, format and display it as necessary to operate the Services, show it to your intended club audience, provide support and moderate conduct. This licence does not permit us to use a private message or your item photographs in public advertising without separate permission. Copies needed for legal records, backups or dispute resolution remain subject to our Privacy Policy.
You confirm that your content is accurate to the best of your knowledge, lawful and shared with the necessary rights and permissions. Report infringements with sufficient information for us to identify the content and your claimed rights.
The Grails name, Grails Privé signature, horse-and-attendant emblem, website design and proprietary material belong to Grails Privé or their licensors. Membership does not confer ownership or permission to imply endorsement. An approved dealer badge is licensed only for its authorised use during valid approval and must be removed when approval ends.
Grails Privé is independent and is not affiliated with Hermès, Chanel, Rolex or any luxury watch manufacturer. Third-party names and trademarks identify the relevant brands and goods; they remain the property of their respective owners.
Moderation, suspension and termination
We can remove content or restrict access when reasonably necessary to investigate credible fraud, protect members, comply with law, address a material breach or prevent a security threat. Urgent restrictions can take effect immediately. We explain the reason and provide an opportunity to respond unless doing so would compromise an investigation, another person’s safety or a legal obligation.
We can terminate membership for a serious or repeated breach after a reasonable review. You can challenge a decision by contacting us with relevant evidence. A genuine complaint, lawful payment dispute or privacy request is not itself grounds for retaliation.
Where we end a paid service for convenience without a breach by you, we refund the unused portion. Where a breach ends the service, any retained fees must reflect the service supplied and lawful, proportionate loss; there is no automatic forfeiture of all payments. Termination does not cancel accrued payment obligations, valid claims or the confidentiality and intellectual-property provisions that necessarily survive.
Availability and third-party services
We take reasonable steps to maintain the Services but do not promise uninterrupted access. Maintenance, security work, network failures and events outside our reasonable control can interrupt service. We notify members of material planned disruption and take reasonable steps to restore access.
WhatsApp, Telegram, Stripe, banks and other third-party services operate under their own terms. We do not control their availability, decisions or security. This does not remove our responsibility for selecting providers with reasonable care or performing our own contract. Where a material service change reduces a paid entitlement, we give notice and offer an appropriate remedy, including cancellation and a proportionate refund where required.
Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Mandatory consumer and data-protection rights remain unaffected.
Subject to that rule, we do not accept responsibility for contracts between members or for loss caused by another member’s acts or omissions where we have not caused or contributed to that loss through a breach of our own duties. We are not a guarantor of transactions, goods, payment, delivery, statements or investment outcomes. Members must conduct the due diligence in section 4.
Consumers
We are responsible for foreseeable loss or damage caused by our breach of these terms or failure to use reasonable care and skill. We are not responsible for loss that was not reasonably foreseeable, loss caused solely by an independent third party, or loss you could reasonably have avoided by taking the precautions we communicated. The business liability cap below does not apply to consumers.
Business users
Subject to the non-excludable liabilities above and to the extent the restriction is lawful and reasonable, we are not liable to a business user for indirect or consequential loss, loss of profit, revenue, anticipated savings, business opportunity or goodwill. Our aggregate liability arising from the Services to a business user is limited to the greater of US$1,450 and the fees paid or payable to us by that user for the affected Services during the 12 months preceding the event giving rise to the claim.
That cap does not reduce sums we must repay, funds we hold on your behalf, responsibility for loss of or damage to goods in our custody, or liability that a specific service agreement expressly places outside the cap. It does not reduce liability where applying it would be unlawful or unreasonable. Each restriction operates separately.
Complaints and transaction disputes
For a complaint about our Services, email hello@grailsprive.com with your membership or order details, the relevant facts and the outcome sought. We investigate and respond, requesting further information where necessary. You retain access to the courts, regulators and any mandatory dispute-resolution procedure.
Report suspected member misconduct promptly and preserve evidence. We can investigate platform conduct, restrict access and cooperate with lawful requests. We do not determine legal ownership, compel a refund from another member or assume a member’s debt by receiving a report or assisting with communication. Transaction claims remain between the contracting parties unless we have a separate legal responsibility.
Email, SMS and WhatsApp communications
We use email, SMS and WhatsApp to administer requests and services and, with your separate consent for the relevant channel, send marketing. Promotional messages can be automated. Message frequency varies and network message or data charges apply. Marketing consent is not a condition of purchase or membership.
Unsubscribe from marketing email using its unsubscribe link. Reply STOP to SMS or WhatsApp marketing messages to opt out, or contact hello@grailsprive.com. Reply HELP for assistance. We can send a final confirmation of an opt-out; promotional messages then stop unless you opt in again. Essential service communications remain separate from marketing.
Provide a number you control and notify us if you give it up or it is reassigned. Delivery depends on networks and providers; we do not guarantee delivery at a particular time. This does not remove any legal responsibility for our own acts or omissions. Our Privacy Policy governs messaging information and consent records.
Governing law and general provisions
These terms are governed by the law of England and Wales. Business users submit to the exclusive jurisdiction of the courts of England and Wales. Consumers retain the protection of mandatory laws in their country of habitual residence and the right to bring proceedings in any court available to them under applicable law, including the courts of Scotland or Northern Ireland where relevant. This clause does not waive California or other mandatory statutory rights.
We can update these terms for legal, security or operational reasons. Material changes affecting existing members are notified in advance. Changes do not retrospectively alter completed transactions or remove accrued rights; a materially adverse change to a paid service gives a right to end that service and receive an appropriate refund for the unused part. Additional charges or materially different obligations require agreement.
If a provision is unenforceable, the remaining provisions continue to apply. Failure to enforce a right immediately is not a waiver. You cannot transfer a membership or contract without our agreement. We can transfer our contract only where your rights are preserved, with notice; consumer protections continue to apply. No third party receives enforcement rights under these terms unless expressly stated.