Sellers & Buyers Conditions Of Service
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and AntiquesStore.co.uk
By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use AntiquesStore.co.uk, and the other services provided by AntiquesStore.co.uk (we’ll refer to AntiquesStore.co.uk, our mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Terms & Rules For Buyers, Sellers And Third Parties
AntiquesStore.co.uk’s Services connect people around the world, both online and offline, to buy and sell unique collectable goods, general goods and antique goods.
- Our Terms & Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
- Our Terms & Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.
- Our Terms & Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.
- Our Terms & Rules for Third Parties.
These policies apply to:
Intellectual property owners
Anyone requesting information from AntiquesStore.co.uk
AntiquesStore.co.uk API users
Affiliates
All of these policies are a part of our Terms, please read through all our terms and conditions to make sure you understand how they apply to you. If you have any questions related to these terms please email terms@antiquestore.co.uk
3. Your Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
Processing / Holding / Sharing Personal Information
Both AntiquesStore.co.uk and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not AntiquesStore.co.uk, will be responsible for that unauthorised disclosure.
If, however, AntiquesStore.co.uk and sellers are found to be joint data controllers of buyers’ personal information, and if AntiquesStore.co.uk is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify AntiquesStore.co.uk for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to AntiquesStore.co.uk.
4. Your Account with AntiquesStore.co.uk
You’ll need to create an account with AntiquesStore.co.uk to use some of our Services. Here are Terms & Rules about creating accounts with/on AntiquesStore.co.uk:
- A. You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use AntiquesStore.co.uk or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
- Choose an appropriate name / store name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and AntiquesStore.co.uk.
5. Your Content
Content that you post using our Services is YOUR content (“Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
5a. Responsibility for Your Content.
You understand that you are SOLELY responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
5b. Permission to Use Your Content.
By posting Your Content through our Services, you grant AntiquesStore.co.uk a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help AntiquesStore.co.uk function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
5c. Rights You Grant AntiquesStore.co.uk.
By posting Your Content, you grant AntiquesStore.co.uk a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote AntiquesStore.co.uk, your AntiquesStore.co.uk shop, or the Services in general, in any formats and through any channels, including across any AntiquesStore.co.uk Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.
5d. Reporting Unauthorised Content.
AntiquesStore.co.uk has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
5e. Inappropriate, False, or Misleading Content.
There are certain types of content we don’t want posted on AntiquesStore.co.uk’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
6a. Don’t Use Our Services to Break the Law.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your online shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against AntiquesStore.co.uk, another AntiquesStore.co.uk user, or a third party.
6b. Pay Your Bills.
You are responsible for paying all fees that you owe to AntiquesStore.co.uk. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
6c. Unlicensed Use Of Our Property.
You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
6d. Harm To Our Systems or Services.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
6e. Agree To Our Trademark Policy.
The name “AntiquesStore.co.uk” and the other AntiquesStore.co.uk marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of AntiquesStore.co.uk in the UK and other countries. If you’d like to use our trademarks, please contact us for a request.
6f. Communication.
AntiquesStore.co.uk will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
6g. Understanding Consumer Rights.
It is your duty, as either Buyer or Seller, to understand your consumer rights when using AntiquesStore.co.uk’s services. In the UK this would mean being aware of – and complying with – the Consumer Rights Act 2015 and associated laws, including the UK Government Online & Distance Selling Regulations. It is the sole responsibility of both Buyers and Sellers outside the UK to be aware of – and comply with – those laws which apply to your locality, as well as any international laws which may apply. All returns policies of AntiquesStore.co.uk dealers must ensure that they abide within the appropriate legal framework and it is the duty of all dealers to familiarise themselves with these legalities.
7. Termination
7a. Termination by You.
You may terminate your account with AntiquesStore.co.uk by providing one month’s notice in writing via post or email. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
7b. Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make NO representations concerning any content posted by users/sellers through the Services. AntiquesStore.co.uk is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
7c. You Interact With Our Services At Your Own Risk.
You agree that you can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, though we endeavour to ensure they are Antiques Professionals, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
7d. Third-Party Services.
Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Sellers Websites, Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. AntiquesStore.co.uk is not a party to those agreements; they are solely between you and the third party.
7e. Warranties.
AntiquesStore.co.uk is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
7e.a.We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
7e.b Liability Limits. To the fullest extent permitted by law, neither AntiquesStore.co.uk, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of, or in connection, with the Services or these Terms. In no event shall AntiquesStore.co.uk’s aggregate liability for any damages. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
8. Indemnification
If AntiquesStore.co.uk gets sued because of something that you did as a user of our Services or as a Seller on AntiquesStore.co.uk, you agree to defend and indemnify us. That means you’ll defend AntiquesStore.co.uk (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us, so we can execute our strategy.
9. Disputes with Other Users
If you find yourself in a dispute with another seller or another user of AntiquesStore.co.uk’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably between yourselves. AntiquesStore.co.uk will not get involved with disputes between any parties and other parties.
9a. Release of AntiquesStore.co.uk.
You release AntiquesStore.co.uk from any claims, demands, and damages arising out of disputes with other users or parties.
10. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
11. Before Contacting A Seller On AntiquesStore.co.uk
If you are interested in buying a collectable item, general item or an antique item that you have seen on AntiquesStore.co.uk, please contact the antique dealer directly using the contact details shown with the item.
11a. All communications occur between the buyer and the antique dealer, AntiquesStore.co.uk is NOT involved or responsible for any terms of sale.
Terms & Conditions As A User & Buyer Of/From Antiques Store.co.uk Direct
1. Interpretation
1.1 In these Terms and Conditions:-
“Customer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller and/or the person referred to overleaf;
“Goods” means the antique(s) and/or work(s) of art which the Seller is to supply in accordance with these Conditions;
“Seller” means Antiques Store.co.uk;
“Conditions” means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller;
“Contract” means the contract for the sale and purchase of the Goods;
“Writing” includes telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
2.3 No variation to these Conditions shall be binding unless agreed in Writing by the Seller.
2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Orders
3.1 No order submitted by the Customer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2 No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
4. Price of the Goods
4.1 The price of the Goods on Antiques Store.co.uk shall be the price set out on the product display page or invoice.
4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, all prices are given by the Seller on the basis of delivery to the Customer at the Seller’s premises and, where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Customer shall be liable to pay the Seller’s charges for transport, packaging and insurance (“transport costs”).
4.3 The price is exclusive of any applicable value added tax which the Customer shall be additionally liable to pay to the Seller.
5. Terms of Payment
5.1 The Customer shall pay the price of the Goods together with any applicable value added tax and transport costs on delivery. If payment by cheque is accepted that acceptance is conditional upon payment in full on first presentation. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.2 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
5.2.1 cancel the Contract or suspend any further deliveries to the Customer;
5.2.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Customer); and
5.2.3 charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of two per cent. per annum above HSBC Bank Plc’s base rate from time to time, until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).
6. Delivery
6.1 Delivery of the Goods by Antiques Store.co.uk shall be made to the Customer at the Seller’s premises at any time after the Seller has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Customer.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Customer’s fault and the Seller is accordingly liable to the Customer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.5 If the Customer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
6.5.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time of delivery or when the Seller notifies the Customer that the Goods are available for collection, whichever shall be applicable; or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Seller has received in cash or cleared funds payment in full of the price of the Goods [and all other goods agreed to be sold by the Seller to the Customer for which payment is then due].
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Seller’s fiduciary agent and bailee.
7.4 Until such time as the property in the Goods passes to the Customer the Seller shall be entitled at any time to require the Customer to deliver up the Goods to the Seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are and repossess the Goods.
8. Warranties and liability
8.1 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
8.3 Any representation or statement by the Seller as to the authorship, origin, date, age, medium, attribution, genuineness, provenance or condition is a statement of opinion only based on research by the seller of the Goods current at or about the time of sale.
8.4 All goods are sold with all faults and imperfections and the Buyer should satisfy himself by inspection as to their condition and otherwise and rely on his own judgment.
8.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
9. Export terms
9.1 Where the Goods are to be exported from the United Kingdom, the provisions of this paragraph 9 shall (subject to any special terms agreed in writing between the Customer and the Seller) apply notwithstanding any other provision of these Conditions.
9.2 The Customer shall be responsible for complying with any legislation or regulations governing the export from the United Kingdom or the importation into the country of destination of the Goods and for the payment of any duties thereon.
9.3 If because of the intention to export the Goods the supply of the Goods is zero rated or not subject to value added tax the Customer shall take all necessary steps to export the Goods within the time limits and in accordance with the requirements of HM Customs and Excise and shall notify HM Customs and Excise of the export. The Customer shall indemnify the Seller against any claims made against the Seller for value added tax or other expenses or penalties charged by HM Customs and Excise because of the Seller’s failure to observe the said requirements.
10. General
10.1 No waiver by the Seller of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 The Contract and any interest therein is not assignable by the Customer.
10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.4 Goods sold by Antiques Store.co.uk are antique and character marks can be seen due to the age. Items are purchased as seen on the photographs. Antiques can also come with odours due to age. Whilst we make every endeavour to point out if there is any serious damage, restorations etc we cannot cover every eventuality so if you have any questions please contact me via e-mail before purchase.
10.5 The Contract shall be governed by the laws of England and the Buyer hereby submits to the non-exclusive jurisdiction of the English Courts.