Terms & Conditions

This website, including any subsite accessible within the site, (referred to collectively as ‘the Site’) is published and maintained by sallyantiques.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.

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 Sallyantiques.co.uk or Sallyantiques.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 Sallyantiques.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 Sallyantiques.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.

Trade marks

Sallyantiques.co.uk and the Sallyantiques.co.uk logo are either trade marks or registered trade marks of Sallyantiques.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.

Disclaimers

3.1

General

The Site is provided on an ‘as is’ basis. To the fullest extent possible at law, Sallyantiques.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, Sallyantiques.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. Sallyantiques.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, Sallyantiques.co.uk does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Sallyantiques.co.uk, its affiliates, directors, employees or other representatives.

Sallyantiques.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. Sallyantiques.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 Sallyantiques.co.uk approves of, endorses or recommends that site. Sallyantiques.co.uk disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of the contents of any other site.

Dealer Registration

Sallyantiques.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. Sallyantiques.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. Sallyantiques.co.uk makes no warranties or guarantees about how quickly it will process submitted registration requests.

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 Sallyantiques.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 Sallyantiques.co.uk requests any personal data and you provide the requested personal data, Sallyantiques.co.uk will store any personal data provided by you for the following purposes: to send out updates relating to Sallyantiques.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.

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.

Our service

Our website facilitates an exciting and convenient way to buy and sell goods over the Internet and is operated by Sallyantiques.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.

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.

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 (ie those aged 18 and over) are entitled to enter into 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.

Information you provide

10.1

You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence 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.

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.

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.

General rules governing buying

13.1

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.

The seller reserves its right to cancel the transaction before the item has been delivered with full refund to the buyer.

13.2

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 into any such transaction.

13.3

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 into 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.

13.4

With regard to 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 Sallyantiques.co.uk limited receive in writing 10 days prior to the termination of the agreement a notice of cancellation.

General rules governing listing and selling

14.1

In relation to all goods you sell or offer for sale through the Services:

14.1.1

you must be the absolute unencumbered legal owner with the right to sell those goods; and

14.1.2

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.

No government documents or personal documents such as passports driving licenses of the owner or third parties

No weapons or ammunition unless they are over 50 years old

Prohibitive goods from other countries.

No fake or counterfeit currency

No wild life

No items that have copyright unless copyright owned by the seller

14.2

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 50 years old unless otherwise approved by www.sallyantiques.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.

14.3

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.

14.4

A Listed Item will remain listed on the Site until:

14.4.1

it is sold; or

14.4.2

the seller-specified listed time expires; or

14.4.3

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.

Payment

15.1

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 Lloyds TSB Bank plc base rate until payment is received.

15.2

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.

15.3

Buyers are responsible for any costs of delivery and any insurance costs.

15.4

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.

15.5

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.

15.6

Payment is accepted on a recurring basis by charging your debit/credit card that you provide us with. this payment will be taken each period that you select (quarterly or annually) from the date you activated your account until such time that the contract is terminated. The contract will be terminated from either parties when received in writing giving a 28 days notice period. If you do not wish to pay monthly by continuous authority then we are able to charge you for 3 months by cheque.

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.

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:

17.1

act inconsistently and in breach of these terms and conditions;

17.2

at any time violate or attempt to violate any rights of any other user of the Services or third party;

17.3

are engaged in any fraudulent activity; or

17.4

fail to make any payments due to us in accordance with these terms.

17.5

Should you wish to terminate you 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 news letter and emails which will delete them permanently from any of these notifications.

Compliance with laws

You agree to comply with all applicable laws, statutes and regulations concerning your use of our website and the Services.

General release

19.1

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.

19.2

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.

19.3

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.

19.4

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.

19.5

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.

19.6

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.

19.7

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.

Trade marks

The Company is the sole owner of the website, the domain name www.sallyantiques.co.uk and the www.sallyantiques.co.uk brand and all associated logos. All other trade marks, 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.

Notices

Except as otherwise stated, any notices you wish to send to us should be e-mailed to (e-mail address). Any notices that we may wish to draw to your attention will be displayed on our website.

Applicable law

Each and every transaction carried out on or as a result 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.

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, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

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.

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.

Our address

Sally Antiques

Sallyport Inn

57-58 High Street, Southsea, Portsmouth, PO1 2LU

Terms & Conditions

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