This website, including any subsite accessible within the site, (referred to collectively as 'the Site') is published and maintained by AbingtonAntiques.co.uk. When you access, browse or use the Site you accept, without limitation or qualification, the terms and conditions set out below and any additional terms and conditions of use set out in any subsite.
1 Copyright
Copyright or similar rights in all design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the site is owned by AbingtonAntiques.co.uk or AbingtonAntiques.co.uk's content or technology providers. All rights reserved.
You may view this website on your computer screen and print its contents on your printer for your personal and non-commercial use only. In addition, where AbingtonAntiques.co.uk so specifies on the website, you may download material and save it to disc again for your personal and non-commercial use only. Without the written consent of Antiques.co.uk, you may not use, transfer, copy or reproduce any part of the content on the Site or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its contents. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the content.
2 Trademarks
AbingtonAntiques.co.uk and the AbingtonAntiques.co.uk logo are either trademarks or registered trademarks of AbingtonAntiques.co.uk or its affiliated companies in the UK and/or other countries. Other products or company names referred to on the Site may be trademarks of their respective owners.
3 Disclaimers
3.1 General
The Site is provided on an 'as is' basis. To the fullest extent possible at law, AbingtonAntiques.co.uk and its content and technology providers hereby exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, or fitness for a particular purpose of the Site or any of its contents. Except as specifically stated on the Site, to the fullest extent permitted at law, AbingtonAntiques.co.uk will not be liable for any direct, indirect, consequential or incidental damage or loss of any kind (including, without limitation, loss of profits, business interruption, loss of or corruption to business information or data, damage to business equipment or assets or economic loss of any other form), however caused, arising in contract, tort or otherwise from the use of or inability to use the Site, or any of contents of the Site - including but not limited to the images and descriptions of product available from third parties which are available and can be viewed in the site - or for any claim by a third party. AbingtonAntiques.co.uk disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any images or descriptions of product offered by third parties within the site. For the avoidance of doubt, AbingtonAntiques.co.uk does not limit its liability for death or personal injury to the extent only that it arises because of the negligence of AbingtonAntiques.co.uk, its affiliates, directors, employees or other representatives. AbingtonAntiques.co.uk makes no warranty that either the contents of the Site or the server that makes the Site available are free from infection by viruses or anything else, which has contaminating or destructive properties.
3.2 Links
The Site contains links to other Internet sites on the World Wide Web. AbingtonAntiques.co.uk provides such links for your convenience only and is not responsible for the content of any site linked to or from the Site. Links from the Site to any other site do not mean that AbingtonAntiques.co.uk approves of, endorses, or recommends that site. AbingtonAntiques.co.uk disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of the contents of any other site.
4 Registration
AbingtonAntiques.co.uk offers an automated registration request facility whereby commercial entities in the antiques industry ('Dealers') may request to appear and be listed on the site. Private individuals, collectors and institutions can also list items, for sale, subject to these terms. AbingtonAntiques.co.uk reserves the right to accept and process at its sole discretion the registration request of any dealer who has submitted a registration form. Submission of the registration form by a dealer is not a guarantee of acceptance. AbingtonAntiques.co.uk makes no warranties or guarantees about how quickly it will process submitted registration requests.
5 Data Protection
5.1 General
To the extent that any data supplied by you (such as your name, Email address, gender, age or preferences) while using the Site are personal (as defined in any relevant data protection legislation), such personal data will only be used by Antiques.co.uk in accordance with European and UK national data protection laws for the time being in force.
5.2 Use of Personal Data
If AbingtonAntiques.co.uk requests any personal data and you provide the requested personal data, AbingtonAntiques.co.uk will store any personal data provided by you for the following purposes: to send out updates relating to AbingtonAntiques.co.uk activities, including but not limited to news, updates, special offers and information on the antiques industry in general, as described on the registration page; to identify users where and if a log in is required; to respond to specific enquires by you; and to gain a better understanding of the profile of users of the Site. You may withdraw your consent to receive updates at any time by using the notification methods explained to you at the time of giving your consent and which will be posted on the Site.
6 Governing Law and general provisions
The Site and these terms and conditions will be governed by English Law. The English courts will have exclusive jurisdiction over any disputes arising in relation thereto. If any part of these terms and condition is found void and unenforceable, it will not affect the validity of the balance of these terms and conditions, which shall remain valid and enforceable.
7 Our service
Our website facilitates an exciting and convenient way to buy and sell goods over the Internet and is operated by AbingtonAntiques.co.uk Limited ("the Company"). We provide an online facility vehicle through which traders can sell and customers can buy products ('the Services'). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
8 Our role
Our website is a place for sellers to offer goods for sale and for customers to make offer to buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the products displayed on our website. Any disputes between buyers and sellers are just that - we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf, and this is a feature of the relationship between you and us that you willingly accept.
9 Registration
9.1
You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to enter legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
9.2
On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole and absolute discretion.
10 Information you provide
10.1
You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free license to use any information you provide to us or other users of our services, for example, during the registration, listing and selling process.
10.2
Such information shall be legal, decent, honest, and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.
11 Security
11.1
You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
11.2
We use third party services to secure and protect your credit card information and assist your use of our website and the Services. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
12 Valuations
12.1
Under the Agreement, the Company shall provide a valuation service regarding the photograph of an object submitted by the Client.
This service consists of giving an electronic estimate of the value of the object submitted which in the Company's opinion could be achieved if the object were to be sold without reserve on the open market at an auction with a reputable auctioneer after appropriate marketing.
The Valuation does not take into account any sale expenses, commissions and taxes (including capital taxes, duties, excises, value added or sales tax) which might apply or become due on a sale or transport of the object.
Unless otherwise stated in writing, the Valuation is based upon a preliminary inspection of the photograph of the item submitted and without any physical inspection, cleaning, restoration, detailed inspection or disassembly and without any research into the item's background or further tests and analysis.
The Valuation is a statement of opinion and not fact.
The Company gives no representation, warranty or guarantee in the Valuation in respect of an object's origin, provenance, attribution, condition, date, age or authenticity.
The Company makes no representation or warranty in the Valuation that the object will realise the amount at which it is valued upon a contemporaneous or subsequent public or private sale.
The Company does not warrant or represent in the Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.
The Valuation shall remain the copyright of the Company and shall be prepared only for the Client and is not to be used by any other person, or disclosed to any third party (other than the Client's professional advisors) or reproduced or published in any form without the Company's prior written consent.
The Client shall indemnify and keep indemnified for 21 years the Company and its affiliated companies, and its and their servants, employees and officers against all liabilities and expenses incurred by them as a result of any breach of the above commitment by Client or arising from related claims by third parties in connection with the Valuation.
The Valuation may not be used for official or formal purposes such as (without limitation) in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like.
The Valuation is provided at a given date (the date the Valuation is sent to the Client). The Client shall have a perpetual non-transferable license to the Valuation subject to the Company's right to revoke or withdraw its Valuation.
12.2 CLIENT'S OBLIGATIONS AND ACKNOWLEDGEMENTS
The Client shall pay the Price for the Valuation to the Company.
The Client warrants to the Company that he is the owner of the object or is duly and properly authorised by the owner to have the object valued.
The Client warrants that each object submitted for valuation is free from any third party interests, restrictions or claims whatsoever.
The Client warrants that all material provided is owned by the Client or the Client has the right to use such material and provide it to the Company. The Client indemnifies the Company fully with respect to any breach of this warrant.
The Client shall provide clear and accurate photos and provide full and accurate information about the object, such as already known authenticity issues, relevant location of the object, provenance, condition, condition issues, previous sales history and any other related information, in the possession or knowledge of the Client, his agents, employees, servants, advisers or his family.
Where "family" in relation to a Client for the purposes of the Conditions of Business means the spouse or civil partner of the Client (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step- children and adopted children) of the Client or the Client's spouse or civil partner.
The Client acknowledges the following statement.
The Valuation is an estimate that is a matter of reasonable opinion and as such opinions as to value may differ.
Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the Valuation.
Values can also fluctuate as a consequence of external circumstances such as (without limitation) changes in the prevailing market conditions for the object or changes in relevant scholarship.
In addition, the preliminary nature of the valuation work carried out may mean that the identification, attribution and value of the object might be subject to change on further examination or research by experts at a later stage whether these are internal or external to the Company.
Unless otherwise stated in writing, the Valuation only reflects an estimate, the inherent characteristics (visible from the photographs provided) of the object being valued and does not reflect the surrounding circumstances of the object being valued (such as, without limitation, the object's provenance or place in a wider collection, or the existence of several similar items available for sale at the same time).
12.3 THE PRICE OF THE VALUATION
The Price shall be in accordance with the price list published on the Company's website at the time the item is submitted by you. The Price is inclusive of VAT. The Company reserves the right to revise prices at all times and to hold special offers and discounts at various times
12.4 LIMITATION OF THE COMPANY'S LIABILITY
The Company shall not be liable for any deficiency (including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues or inaccurate values) in the Valuation as a consequence of:
External circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publicly available or changes in relevant scholarship;
The surrounding circumstances of the object being valued (such as, without limitation, the object's provenance or place in a wider collection, or the existence of several similar items available for sale at the same time); failure to provide full and accurate information in the knowledge or possession of the Client, his agents, employees, servants, advisers or his family (see clause 5.5 of the Conditions of Business for the definition of family); and any other factors that cannot be identified by a reasonable inspection of the photographs received and information received by the Company (including but not limited to factors that can be identified only by a physical inspection of the object).
Nothing in the Conditions of Business shall exclude or limit the Company's liability for: death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.
13 Availability of site
While we will use our reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect all aspects of any sale and purchase transaction.
14 General rules governing buying
14.1
To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you make an offer to buy an item listed on the website and the seller accepts your offer, you must complete the transaction.
14.2
Your making of an offer entitles us and any seller to rely on such offer and as a result you warrant and undertake that you have the legal right to make such an offer and to enter any such transaction.
14.3
If you make an offer for an item listed on our website, you acknowledge and agree that if your offer is accepted by the seller, you have entered a legally binding contract with the seller to buy that item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your offer for whatever reason.
14.4
Regarding returns and refunds, please read our returns policy. Your acceptance of these terms and conditions entitles us to assume you have read this Returns Policy. A refund will be granted for the subscription fee paid only for complete months paid and that Antiques.co.uk limited receive in writing 10 days prior to the termination of the agreement a notice of cancellation.
15 General rules governing listing and selling.
15.1
In relation to all goods, you sell or offer for sale through the Services:
15.1.1
you must be the absolute unencumbered legal owner with the right to sell those goods; and
15.1.2
your sale or the use of the goods must not infringe any third-party rights or be unlawful in any way and the goods must not be on our current Prohibited Items List.
15.2
If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, 'the Listing Information'). All items must be over 25 years old unless otherwise approved by www.antiques.co.uk. Once you post the Listing Information, the item becomes 'a Listed Item'. Once an item becomes a Listed Item, you are making an irrevocable offer to sell.
15.3
Any seller who accepts an offer for a Listed Item is obliged to complete the sale of that item unless the buyer fails to meet the terms of the listing, or the seller is unable to authenticate the identity of the buyer.
15.4
A Listed Item will remain listed on the Site until:
15.4.1
it is sold; or
15.4.2
the seller-specified listed time expires; or
15.4.3
We receive written notice via email from you that you wish to de-list it.
A Listed Item will be de-listed on receipt by us of written notice via email from you that you wish to de-list it, but we will retain the registration fee paid with respect to that item.
16 Payment
16.1
All sellers pay a registration fees for the use of our website and the Services in the amounts and in the manner specified from time to time in the fee schedule and we shall be entitled to charge interest on any late payment at a rate of 3% above hight street bank base rates until payment is received.
16.2
All buyers must pay sellers for items using credit or debit cards, cheques or banker's drafts unless an alternative method is expressly agreed by the seller. Payments shall be received in the currency specified on the website and all prices are exclusive of VAT, and other applicable taxes, delivery charges and insurance.
16.3
Buyers are responsible for any costs of delivery and any insurance costs.
16.4
Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
16.5
We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
17 Privacy policy
We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our Services, you acknowledge and agree to be bound by the terms of our privacy policy.
18 Termination
The Company has in its sole and absolute discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the website or our Services if you:
18.1
act inconsistently and in breach of these terms and conditions.
18.2
at any time violate or attempt to violate any rights of any other user of the Services or third party.
18.3
are engaged in any fraudulent activity; or
18.4
fail to make any payments due to us in accordance with these terms.
18.5
Should you wish to terminate your account with us. You must indicate to us in writing 28 days before we can close your account. A refund will be made of to the amount of 50% of the remaining credit balance of your account and sent to the account holder by cheque 14 days after the account is closed. The account holder is responsible for unsubscribing themselves from our automated newsletter and emails which will delete them permanently from any of these notifications.
19 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of our website and the Services.
20 General release
20.1
As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to make offers to buy them and to buy them.
20.2
Therefore, we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
20.3
Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
20.4
In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to fully and effectively indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
20.5
Your acceptance of these terms and conditions also acts as a general release of the Company and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
20.6
In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
20.7
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
21 Trademarks
The Company is the sole owner of the website, the domain name www.antiques.co.uk and the www.antiques.co.uk brand and all associated logos. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by the Company in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights.
22 Notices
Except as otherwise stated, any notices you wish to send to us should be e-mailed to online-shop@abingtonantiques.co.uk. Any notices that we may wish to draw to your attention will be displayed on our website.
23 Applicable law
Each and every transaction carried out on or because of the services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
24 Events beyond our control
The Company will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
25 Invalidity
If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
26 Entire agreement
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
27 Our address
12 The Chestnuts, Lower Shiplake, Henley on Thames, Oxfordshire, RG9 3JZ, United Kingdom.
This address is our company-registered address only. NO ITEMS, ANTIQUES OR WORKS OF ART ARE HELD OR DISPLAYED AT THESE PREMISES.
Copyright © 2023 Abington Antiques Limited Registered In England 15366199. All Rights Reserved.
