Welcome to The Antique Site and thank you for viewing our Website Conditions of Sale.
Terminology (as applicable shall mean in the singular and the plural as applicable)
i) The “Seller” means The Antique Site, Associates, Affiliates or Agent or “we”, “us”, or “our”).
ii) The “Buyer” and “User” means the person or organisation or other legal entity to which the “Seller” contracts.
iii) The “User” means the person or organisation or other legal entity to which the “Seller” gives permission to use the “Site”.
iv) The “Site” means the The Antique Site Website or other Site(s) owned and operated by The Antique Site (collectively, “The Antique Site”, “theantiquesite.com”, “antiques4buying.com”, “commandersystems.co.uk” or other “Site” or “we”, “us”, or “our“).
v) “Terms and Conditions of Sale” means these “Terms” as laid out in this document or as mentioned elsewhere or as published on the Site.
vi) “Property” means items or objects offered for sale on the “Site” owned by the “Seller”, being sold by the “Seller” on behalf of and under the authority of a 3rd party client as Agent.
vii) “Sale Agreement” means a Contract between the Seller and the Buyer.
B) CHANGES TO TERMS
These Terms may be revised from time to time. If we revise these Terms, we will post the revised version of the Terms on the Site. The revisions will be effective immediately and apply to all orders. From time to time, please re-read these Terms in the future for changes. By using this Site after we have changed the Terms you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms, please do not use the Site. Further, we may change our Site at any time to add or remove features or other services at our sole discretion, and without liability to any user.
The Seller, in its sole discretion, may automatically assign these Terms and all incorporated agreements to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Sections 3 (Guarantees), 4 (Seller’s Representations), 8 (Rescission), 9 (Limitation of Liability; Release), 10 (Disclaimer of Warranties), 14 (Indemnity), 15 (Governing Law; Language), 16 (Arbitration), 17 (Privacy), and 21 (General) shall survive any termination or expiration of this Agreement. The Seller will be subject to the laws of England & Wales, and you are consenting to resolve any such dispute arising hereunder within English Law. Please note that by purchasing and/or bidding as applicable on the Site you are agreeing that any disputes involving the Seller will be handled in accordance with the Seller’s user agreement.
C) TERMS & CONDITIONS OF SALE POLICY
a These Terms apply to the sale of every item of PropertySite as presented by the Seller whilst available on the Site for purchase by the Buyer.
b By transacting on the Site, you agree to each and all of the terms and conditions that are in addition to the Seller’s User Agreement by which each User is also bound.
This Agreement creates a legal contract between each Buyer registered to purchase any Property offered on the Site and the Seller. When any other associate or affiliate offers property for sale on the Site, it will abide by the same terms and conditions as any other Seller, including the terms and conditions of these Terms. The Seller’s User Agreement governs the relationship between the Seller and all Site users.
The Seller may amend these Terms at any time by posting the amended Terms on the Site. All amended Terms shall automatically and be immediately effective when posted on the Site. In addition, the Seller will notify you in accordance with your Notification Preferences if prior agreed.
Each item of Property offered for sale on the Site is sold subject to Guarantees of Authenticity and Condition. We encourage you to review the Guarantee carefully before purchasing.
The Seller represents and warrants for the benefit of the Buyer that:
i) the Seller has the exclusive right to post the Property for sale on his own account or on authority of a client as Agent;
ii) the Property is at the time of posting on the Site, and through and including its sale will be kept, free of all liens, claims and encumbrances of others, including, but not limited to, claims of governments or governmental agencies;
iii) good title and right to possession to the Property will pass to the Buyer on receipt of cleared funds.
iv) the Seller has no reason to believe that the Property is inauthentic or counterfeit;
v) if applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located, and has been lawfully and permanently exported as required by the laws of any country (including any laws or regulations applicable in the European Union) in which it was located previously;
vi) if applicable, accurate and proper declarations upon any previous export and import of the Property have been made and any required duties and taxes on such export and import of the item have been paid;
vii) if the Buyer is located in a country other than that where the Seller is located, the Property will be exported by Seller in compliance with all applicable rules and regulations; and
viii) the Seller has no reason to suspect or believe the Property item was purchased with proceeds of criminal activity.
D) PACKING & SHIPPING
Unless otherwise agreed between the Buyer and Seller, the Seller will arrange on behalf of the Buyer, the packing and handling of the purchased Property by a carrier and/or packer of Seller’s choosing, and will insure the item against loss or damage in an amount no less than the agreed price of the property. The Buyer will bear the cost of all shipping, insurance, sales or use taxes, VAT, GST, TVA, and any import-export taxes, duties or fees, and other applicable transactional taxes or fees. The Seller is not liable for any acts or omissions of carriers or packers or shippers. Packers and shippers may carry their own insurance, and any claim for loss or damage should be addressed directly to them. The Seller is obligated to insure or to arrange for insurance on behalf of the Buyer for all items during transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer.
If the Seller is prevented by fire, theft, or any other reason outside the reasonable control of Seller from delivering any Property to the Buyer, the Seller’s liability shall be limited to refunding the amount received by Seller for the Property, and shall in no event include any incidental or consequential damages. The Seller is obligated to pack items safely and securely or to arrange for the shipper to pack the items. When the Seller delivers the Property to the shipper for shipment to the Buyer, title to the Property and risk of loss will pass to the Buyer. If the Property is damaged in transit, the Buyer should contact the shipping agent and process a claim under the shipper’s applicable insurance policy. If the item arrives damaged, the Buyer should retain all shipping materials and take photographs of the damaged item. If the Property has been unpacked by any export or point of import custom officials or inspectors or other applicable government agency and any parts of the Property are damaged then the Seller and/or the shipping agent will not be responsible for the same delivery to the Buyer. The Buyer should ensure that if Property has been unpacked by any customs or government agency any official tape used to reseal the shipment should be retained with all packing in the event of a claim against that government agency. If the Seller packed the item the Seller is responsible for any damage caused by negligent packing only. A Seller is not obligated to take Property back under the guarantee or warranty terms if the Property was damaged in transit (although Seller is obligated to insure all Property during transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer).
The Seller agrees to cancel any sale and return all proceeds if a sale is subject to rescission pursuant to the Seller’s Guarantees. The foregoing rights of rescission are available to the original Buyer only and may not be assigned to or relied upon by any subsequent transferee of the Property sold. In order to receive a return of all proceeds, the Buyer must return the Property to Seller in the same condition it was received. The Buyer will resolve any dispute directly with the Seller and not by:-
i) the Buyer attempting to revoke a charge to his or her credit card
ii) the Buyer attempting to exercise any other rights with respect to consumer credit transactions to obtain a refund, or
iii) the Buyer attempting to recall a wire transfer or other form of payment.
F) SALE AGREEMENT
Any Contract made between the Seller and the Buyer for the supply of Property shall only be subject to these Terms. In addition other supplementary or special terms may apply and be contained in a separate Agreement or Contract.
Warranty is only applicable to Property supplied by the Seller to the Buyer.
Warranty is only applicable if prompt and accurate notice being given to the Seller of any warranty claim and within 7 days of shipment of the PropertyBuyer.
Subject to prior detailed notice of any complaint and subsequent agreement, Property being returned for warranty examination will be subject to the conditional issue by the Seller of a returns authorisation note. Property being returned to the Seller with all carriage costs paid in advance by the Buyer for the examination must state clear and specific detail appertaining to the complaint or other reason for return. Acceptance of such equipment by the Seller will not prejudice the Seller as to liability for warranty or for any other reason. Property returned without authorisation will not be accepted by the Seller.
This warranty expressly excludes any physical or passive damage caused to the Property by any means and including but not limited to incorrect handling or cleaning or misuse or by any other reason outside of the control of the Seller.
Property may not be altered or substituted for the Property originally supplied.
All other conditions and warranties express or implied statutory or otherwise are hereby expressly excluded.
Title shall not pass or pass on until PropertyI) LIMITATION OF LIABILITY & INDEMNITY
All liability for consequential loss whether arising from delay in despatch or delivery or completion of a Contract or failure of the goods to meet expectations or defects in manufacture or failure or negligent performance of a Contract or otherwise is expressly excluded.
The Buyer shall indemnify the Seller against all damages, penalties, costs and claims in respect of the infringement of any patent, license or similar rights resulting from executing a Contract in accordance with the Buyer’s specification or other instructions.
We may modify or discontinue the Site or any of the services or features of the Site, including specific Property items for sale with or without notice, without liability, to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an “as is” and “as available” basis. The Seller assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications. You, the Buyer understands and expressly agrees that:
i) use of the Site and its services is solely at your risk,
ii) any data downloaded or otherwise obtained through the use of the Seller’s Site is at your own discretion and risk and
iii) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
The Site is provided on an “as is” and “as available” basis. The Seller makes no other representations or warranties of any kind, express or implied, with respect to the Site, any Property or information offered on the Site or any transactions that may be conducted on or through the Site, including without limitation:
i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, accurate, secure or operate without error
iii) Any implied warranty arising from course of dealing or usage of trade; and
iv) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the Seller.
To the full extent permissible under applicable law, the Seller disclaims any and all such warranties.
To the full extent permissible under applicable law, the Seller and its affiliates will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages (including without limitation for lost profits, revenues or data), arising out of or in connection with the Site, the inability to use the Site or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site.
You agree to indemnify, defend and hold harmless the Seller and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms will inure to the benefit of the Seller, assigns and licensees.
To the maximum extent permitted by applicable law, neither the Seller or their respective affiliates will be liable for any damages of any kind, including without limitation, direct, indirect, incidental, punitive and consequential damages (including without limitation for lost profits, revenues or data), arising out of or in connection with the agreement, the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or messages received or transactions entered into on or through the Site. Neither the Seller nor their respective affiliates make any representation or warranty and none of them accepts any liability whatsoever to the Seller, the Buyer or any third party in respect of the availability or issuance of valid import and export or other permits or the existence or exercise of pre-emption rights to purchase by governmental or regulatory authorities anywhere.
The Seller reserves the right to withdraw any Property, halt any sale during its progress, and/or remove, screen, or edit any materials or content on the Site. The Seller may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither the Seller nor any of their respective affiliates will be liable to any Buyer, Seller, or third party by reason of the Seller withdrawing any Property before the end of the sale period; halting any auction or sale during its progress; removing, screening, or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. The Site is also a venue to allow other authorized Seller’s to sell and users to buy fine art, antiques, and collectibles.
Each Buyer agrees to indemnify and hold the Seller and (as applicable), affiliates, subsidiaries, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of a user’s breach of the Conditions of Sale or the documents that it incorporates by reference, or a user’s violations of any law or the rights of a third party.
The Site is provided on an “as is” and “as available” basis. The Seller makes no representations or warranties of any kind, express or implied, with respect to the Site, any Property offered on the Site, or any transactions that may be conducted on or through the Site, including without limitation:
i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, and/or secure or will operate without error;
iii) Any implied warranty arising from course of dealing or usage of trade; and
iv) Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of the Seller. To the full extent permissible under applicable law, the Seller disclaims any and all such warranties.
L) NO AGENCY (Third-Party Beneficiary)
Neither the Seller is the agent, fiduciary, trustee, partner, or other representative of any Buyer or Seller. Nothing expressed or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of the Seller and relying Buyers or Seller.
M) MINIMUM PRICE
All Property offered on this Site is offered subject to a minimum price which is the smallest amount that can be entered as a purchase price for a specific Property. In addition, the Seller has the option of offering Property with a higher price, which is a price at which the Seller is willing to sell the Property. The Seller is not obligated to sell the Property at a lower or higher bid price.
N) OWNER BIDDING
When the Seller is acting as an agent an owner of Property being sold on the Site is not permitted to bid on or offer to buy his or her own Property, nor to instruct, authorize or permit any other person to bid for or purchase such Property on his or her behalf or to otherwise take any action that may manipulate the sale process in any way.
O) ACCESS TO THE SITE
By accessing, using, browsing, or buying on this Site you agree that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws, rules and regulations.
We offer our Site and its services only to Buyers that may lawfully enter into and form Contract’s under applicable law. For example, minors are not allowed to buy Property on the Site. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site.
Q) SITE INTEGRITY
You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the Site. You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine (e.g., any virus, worm, time bomb, or Trojan or other) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information. In order to ensure that we can provide high quality services to all our users, we reserve the right to investigate potential abuses of these Terms and, where we deem it appropriate, we may contact relevant law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required to do so by law. We reserve the right, at our sole and absolute discretion, to suspend or terminate your access our Site if we learn or discover that you have provided us with false or misleading information, interfered with other users or the administration of our services, or violated, or attempted to violate these Terms.
These Terms do not apply to your use of unaffiliated sites to which Site only links. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, Property or other materials made available through any other site, except as otherwise expressly stated on another site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster. Other sites may link to the Seller’s Site only through a plain-text link. Permission must be granted by the Seller for any other type of link to the Seller’s Site. To seek our permission, you may write to us at EMAIL.
The Seller subject to these Terms accepts orders for the purchase of Property. Any conditions in the Buyer’s order form or in any other document shall be of no effect and be expressly excluded and shall not in any way bind the Seller.
Property may not be reserved unless by prior written agreement.
All Property ordered by the Buyer will be removed from sale immediately on completion of the transaction by the Buyer.
T) APPLICABLE & GOVERNING LAW
Each and every Contract entered into by the Seller shall in all respects be construed and operate in conformity with English Law.
This Agreement shall be governed in all respects by the laws of England and Wales without giving effect to its conflict of laws provisions or your actual country of residence and by using this Site you consent to the exclusive jurisdiction of the English Courts.
English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. You specifically agree that the English-language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in a language other than English. In the event of a conflict between the Terms of the Seller’s User Agreement and these Terms, these Terms shall govern disputes between Site users or between Site users and the Seller. The Seller’s User Agreement shall govern the relationship between all Site users and the Seller.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Seller’s services, excluding legal action taken by the Seller to collect fees and/or recover damages for, or obtain an injunction relating to, the Seller’s Site operations, the Seller’s intellectual property, and the Seller’s services, shall be settled in accordance with the Laws of England and Wales.
What information do we collect?
We may ask for your name, telephone number, home address, email address and age for newsletter sign ups. When a purchase is made on our site, in addition to the above, we also ask for delivery address and payment method details. For the security of our customers we do not store credit card numbers. Credit card numbers are encrypted through checkout. We may obtain information about your usage of our Web site to help us develop and improve it further.
What the data will be used for?
Your data will enable us, and our processors, to fulfill your order, to notify you about important functionality changes and for statistical or survey purposes to improve this website and our services to you.
We may also send you from time to time (by email or post) information about products and services and details of promotions and special offers from The Antique Site. If you do not wish to be contacted for these purposes, we offer a range of ways in which you can inform us about your marketing preferences:
1. All email messages and email newsletters will contain information on how you can unsubscribe
2. Send an email to our customer services division on EMAIL writing “unsubscribe” in the subject heading
We ensure that the personal information you give us is kept secure and processed fairly and lawfully.
We will not pass your information on to other third parties for marketing purposes unless you have agreed for us to do so.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. One of the purposes for which we may disclose your address and postcode details is to check against the IMRG Security Alert or any other Fraud Prevention Scheme.
Damage to your computer
The Antique Site makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. The Antique Site shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Advice given free in good faith is without liability.
Y) FORCE MAJEURE
The date advised for delivery or completion of the Contract shall be extended by a reasonable time if performance of any Contract is delayed by reason of any cause whatsoever beyond the Seller’s reasonable control including but not limited to war hostilities (declared or not), riot, civil commotion, strikes, lockouts, labour disputes, epidemics, fire, accidents, breakdown, traffic congestion, prior commitments or other obligations, late or non-delivery by a contracted carrier or other reason.
Z) SHORTAGE DAMAGE OR LOSS
No claim will be considered for shortage, damage or loss in transit or non-delivery unless such a claim is notified in writing to the carriers and the Seller if applicable within 3-days from the date of delivery. All packing material, customs seals and any evidence of damage (photographic) is to be retained by the Buyer for possible examination by the carrier to substantiate a claim.
Where Property is supplied direct to a Buyer’s contract site or carried at the Buyer’s risk the Buyer shall be totally responsible for any shortage, damage or loss to all or any part of the Property unless such shortage, damage or loss is proved to have been caused solely by the Seller.
Where Property is subject to export or import customs examination or any restriction or any damage or delay or confiscation to packaging and contents will be at the Buyer’s risk.
The Seller will use its best endeavours to pack and despatch Property on the agreed or revised date but such a date is intended as an estimate only and the Seller shall not be liable to make good any damage or loss of any kind arising from any delay.
Where Property is supplied, notwithstanding delivery, Title to use the Property shall not pass to the Buyer until full payment has been received and credited to the Seller’s account notwithstanding that all risks shall pass to the Buyer at the time of delivery.
2) PRICES AND PAYMENT
Unless otherwise stated prices quoted are correct and any Property price found to be incorrect will be amended prior to or during a sales processing and in this event the Buyer shall be advised for fresh instructions.
All Property prices and currency rates shall be liable to alteration without notice and prices ruling at the time of despatch will be invoiced accordingly.
All prices displayed are selectable by optional currency ratios and generally these are shown in British Pounds Sterling, Euro, US Dollar and Australian Dollar and are subject to change in line with published rates.
All currency options on the Site are for use by the Buyer as a guide and as such will show in the selected currency when viewing the shopping basket total. Every effort is made to maintain currency rates.
All payments must be made in either British Pounds (£ Sterling) or US Dollars. Payments made with other currencies will be accepted by Credit Card and will be converted on the day of sale by the Credit Card company.
All sales must be paid for in full prior to shipment. Payment may be made by cleared cheque, telegraphic transfer, cash, or by approved valid credit card.
Unless otherwise stated all Property is priced at ex-showroom prices and do not include for any carriage, packing, insurance costs or applicable taxes. The Seller will make packing, carriage and insurance arrangements on behalf of the Buyer and full costs for this service will be added to the contract price of the total order to be shipped. The shipping costs will be shown on the completed shopping basket when selections are confirmed by the Buyer.
Due to the specialist nature of the Seller’s Property credit facilities will not be granted to any Buyer.
All Property will be packed in standard packaging suitable for Air freight or Ground transportation.
The Buyer shall immediately pay the Total Purchase Price plus any applicable fees. Payment must be made in a manner acceptable to the Seller. Payment will not be deemed to have been made, and shipment will not be initiated, until the Seller has collected good funds from the Buyer.
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer’s failure to pay for a purchase in good funds within seven days after the Seller has communicated or as applicable the amount of the Total Purchase Price as well as any other costs and applicable fees), in addition to other remedies available to the Seller by law, including without limitation the right to hold the Buyer liable for the Total Purchase Price, the Seller may, at its option, cancel the sale and re-offer the Property on the Site or sell it privately. In addition, the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 3.5% per month (or the highest rate allowed under applicable law, whichever is lower), commissions, and any reasonable legal fees and expenses. Further, either the Seller at its sole discretion, may deactivate a Buyer’s account for failure to pay or other breaches of the Agreement.
3) WEB SITE OPERATING SOFTWARE
All Web Site system software supplied by the Seller is specially engineered by the Seller and is licensed to the Buyer for use by the Buyer only and is not transferable and may not be used by a 3rd party. Title to Web Site or any other software engineered or supplied by the Seller under license by the Seller for use by the Buyer remains the intellectual property of the Seller. The Buyer’s rights are limited to licensed use only and not ownership. There are NO refunds for any Software returned for upgrade or exchange (chargeable or otherwise) all redundant software MUST be returned by the Buyer to the Seller carriage paid.
All documents including design drawings sketches ideas technical commercial financial and other information are subject to artistic and technical and written copyright in favour of the Seller and must not be copied or reproduced or image transmitted partially or wholly without prior written permission granted and confirmed in writing by the Seller.
Unless otherwise stated all documentation will be in the English language and any request by the Buyer for other language versions of documents will attract additional costs, no guarantee can be given by the Seller as to any accuracy of any translated document(s).
5) LIMITED LICENSE & OWNERSHIP
The Seller grants a limited license to each user of the Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the Property for purposes of considering purchase.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Seller, an associate or affiliate or other content suppliers and is protected by United Kingdom and foreign copyright and intellectual property laws and international conventions. As between the you (the Buyer) and the Seller, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive Property of the Seller and is protected by United Kingdom and foreign and intellectual property copyright laws and international conventions. All software used on this Site is the property of the Seller or its software suppliers and is protected by United Kingdom and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping and educational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
6) COPYRIGHT INFRINGEMENT
If you believe that material included on the Site infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. Please provide us with the following information:
i) Your name, address, telephone number, and e-mail address
ii) The name and address of the owner of the copyright interest
iii) An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest
iv) A description of the copyrighted work that you believe has been infringed
v) Identification of the URL or other specific location on the Site where the material that you believe is infringing is located
vi) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
vii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may contact the Seller for notice of claims of copyright infringement on this Site by writing to EMAIL.
7) CONTENT OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the exclusive property of the Seller, or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and the Seller, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Seller and is protected by United Kingdom and foreign copyright laws and international conventions. All software used on this Site is the property of the Seller or its software suppliers and is protected by United Kingdom and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Site is strictly prohibited. The Antique Site, Antiques4Buying, TheAntiqueSite and Commander Systems are registered trademarks in the United Kingdom and used by permission. The Antique Site, Commander Systems, Antiques4Buying, TheAntiqueSite graphics, logos, and service names are trademarks of The Antique Site and used by permission. These trademarks may not be used in connection with any Property or service that is not a Property or service of the Seller, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits the Seller.
To be effective, notices to the Seller relating to these Conditions of Sale, the Site, or any transaction conducted on or through the Site must be given in writing and must be sent to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the address obtainable on request by e-mail. As with the other provisions of this Agreement, the Seller may change its address for notices by posting the new address on the Site.
9) SEVERABILITY & NON-WAIVER
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. The Seller’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbear from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of the Seller right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by the Seller must be made in writing and signed by an authorized representative of the Seller, specifically referencing this Agreement and the provision to be waived.
10) TRADE MARKS
The Antique Site, Nimrod Antiques theantiquesite.com, antiques4buying and commandersystems.co.uk, are registered Internet names and trademarks, and are used by permission of the Seller, web site graphics, logos and service names are trademarks of the Seller and are used by permission of the copyright owners. These trademarks may not be used in connection with any Property or service that is not the Seller’s, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits the Seller.
11) APPLICABLE LAW
The Terms will be governed by and construed in accordance with the laws of the England and Wales without giving effect to its conflict of laws provisions or the Buyers country of residence and by using this Site you consent to the exclusive jurisdiction of the English Courts.
The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement or Contract shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms are for convenience only and are not to be relied upon. The Seller’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of the Seller’s right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by the Seller must be made in writing and signed by an authorized representative of the Seller specifically referencing this Agreement and the provision to be waived.
12) Further Inquiries
You may direct questions about the Terms, or other issues to EMAIL