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Terms of Service


THESE TERMS OF SERVICE GOVERN YOUR USE OF THE BATH ANTIQUES ONLINE WEBSITE (THE "WEBSITE"). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU RE-AFFIRM THIS AGREEMENT EVERY TIME YOU USE THE WEBSITE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE WEBSITE.



Definitions

The words "we", "us" and "our" refer to Bath Antiques Online. The words "members", "users", "you" and "your" refer to all visitors, buyers and sellers collectively. The word "Buyer" refers specifically to "Buyers", and the word "Seller", "Private Client" or "Client" refers specifically to "Sellers". The words "item", "items" and "inventory" refer to the items offered for sale by "Sellers" on the Website.
Changes to this Agreement

We may change these terms of service at any time by posting changes online. Please review these Terms of Service regularly to ensure you are aware of any changes made by us. Your continued use of the Website after changes are posted means that you agree to be legally bound by these Terms of Service as updated and/or amended.
We're a Secure Site

Our company registration documents and domain name have been checked and verified by the Thawte's (Verisign) Certification Authorities, the highest level authentication and verification procedures. This means our customers can check and confirm who we are, where we're located and that we hold a valid SSL Web Server Certificate. All personally identifiable data stored at and sent to and from the Website is encrypted, making communications and transactions completely secure.
Links to Other Websites

This Web site also contains links to other websites, web pages and services, which are not operated by us. Your use of such linked websites will be subject to the terms contained within each such website and the respective terms will control the use of the respective website. You recognise that Bath Antiques Online has no control over such linked sites and information, and you accept that Bath Antiques Online provides no guarantee as to the accuracy or reliability of such websites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
Eligibility to Use The Website

Only persons who are legally permitted under applicable law to enter into contracts and participate in online buying and selling are allowed to access and use the Website. Minors and others not permitted to enter into legally binding contracts or participate in online buying and selling are not permitted to use the Website.
Registration and Passwords

All information submitted by Users, Buyers and Sellers through the Website, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
Role of Bath Antiques Online

The Bath Antiques Online Website is a venue to bring Buyers and Sellers of antiques and collectables together. We are not involved in the actual transaction between Buyers and Sellers, except to perform automated administrative services via the Website for the fees outlined below.

Whilst all Sellers are thoroughly vetted and we screen all of the items listed for sale by Sellers on the Website, we assume no obligation or liability in connection with disputes between Buyers and Sellers. Buyers and Sellers are encouraged to communicate to resolve any questions prior to a purchase or that may arise after the purchase. We are under no obligation to monitor, screen, police or edit the use of the Website, including postings of materials to the Website.
Our Authority

We have the sole authority and discretion to operate and maintain the Website. Accordingly, we reserve the right to remove any item, picture, or posting from the Website at any time, for any reason, without notice to any Seller or Member. We are under no obligation to remove or change any item, picture, or posting from the Website at any request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing any disputes between Sellers and Buyers or between any Members, Sellers or Buyers. In the event of a concern, claim or dispute, Sellers shall communicate directly with the other party in resolving such concern, claim or dispute.

In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any "My Inventory" applications, and to discontinue existing service at any time. We also reserve the right to suspend and/or remove any or all inventory offered for sale by any Seller, or stop offering any of our services to any Seller, Buyer or Member due to unprofessional conduct or practices, complaints, and other issues which we consider, at our sole discretion, to be disruptive to the business and reputation of the Website.
Fees and Payments

There is no commission payable on sales or purchases, we do not charge a buyers or sellers premium.

To register as a Member is free and entitles you to register for free update alerts, free wish list requests and free newsletters; and to access the free antiques price guide; and to use our appraisal and valuation services for the fees as detailed therein.

To Join as a Seller via "My Inventory" incurs a one-time set-up fee of £29 GBP, the set-up fee will be refunded if you are not accepted by us as a Seller. The set-up fee will not be refunded after you are accepted by us as a Seller or, if your inventory is later suspended or, if this agreement is terminated by you or by us.

The "Listing Fee" is payable for each item individually according to the advertised price of the item listed for sale, defined as 'Item Price'. 'Item Price' refers to the Sellers advertised price of an item on the Website and does not refer to the final selling price a Seller may accept for an item.

The "Listing Fee" is payable each time you add an item for sale, and each time you edit and re-submit an item after 24 hours of it first being added for sale.

Item Price (GBP) Listing Fee (one-time payment)
up to £30£0.30 per item
up to £50£0.50 per item
up to £100£1.00 per item
up to £300£1.50 per item
up to £500£2.00 per item
up to £1000£2.50 per item
up to £3000£3.00 per item
up to £5000£3.50 per item
up to £10000£4.00 per item
£10001+£4.50 per item

NO COMMISSION ON SALESNO MONTHLY FEES.

All fees in UK Pounds (GBP).

Provided you can process your own payments there is no commission payable on sales, commission on sales is only payable on payments we process via our merchant account. If a seller requires us to process their payments via our merchant account please send us a request by email, applicable commission rates are agreed upon between the seller and us and remain valid for a period of 12 months thereafter.

NB: Variable listing fees and commission rates apply to private client consignments and private sales, depending upon the advertised price and the sale price of the item, applicable private commission rates are agreed upon between the client and us and remain valid until the item is sold.

There are no hidden costs or minimum term contracts.
Descriptions of Inventory by Sellers

To provide Buyers and Sellers with the highest quality of products and services, we require all Sellers to meet our quality standards :

Each item placed in your inventory must have a full and accurate text description and a good quality image, which describe and picture only the item. No keyword spamming, or using text unrelated to the item, or URL advertising, is allowed.

Where present, Hallmarks, Maker's marks, stamps, signatures, wear, damage or restoration to your item must be pictured and clearly legible, and accurately described.

Items that cannot be legally sold or traded cannot be listed, and if listed will be subject to immediate removal by us.

As a Seller you must not have any unresolved customer complaints against you. Any complaint must be resolved in a timely manner.

All items listed must be available for sale. Having unavailable items listed for sale is not acceptable and turns buyers away from all Sellers within the Website.

Bulk sales or "lots" in which a single inventory item contains multiples or groups of items are not allowed, except where the item(s) originate as a "set".

We hold our Sellers to a very high, ethical, conduct of business. If a Buyer or Member complains directly to us about a Seller, we investigate the complaint, and direct the Seller to resolve the complaint against them. If the complaint cannot be resolved in a timely manner, we may temporarily suspend all inventory offered for sale by the Seller until the complaint is resolved. A second complaint is sufficient grounds for removing the Seller from the Website. We may also suspend a Seller for being rude or abusive to customers, dishonest, for unprofessional behavior, or if we feel that in our best judgement, leaving a Seller active will cause future problems.

Sellers are solely responsible for the descriptions and price estimates of their Items listed for sale on the Website and any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about their Items listed for sale on the Website.

We retain the right to decide whether an item is appropriate for display.

As a Seller you should endevour to keep at least 25 items (negotiable) listed for sale at all times. There is no maximum limit of the number of items a seller can listed for sale by a seller, however the re-selling of our My Inventory listing facility is not premitted, and each seller is subject to a 'fair usage' limit at our discretion.
Misprints and Orders

Although we strive to provide reliable and accurate information on the Website, misprints or other errors may occur. We reserve the right to change information on the Website at any time without any notice or liability to You or any other person.

Items listed for sale on the Website are subject to availability, and may not be available when ordered or afterwards.

The items offered for sale on the Website are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Seller(s) send an order acceptance and shipping notice to Your email address.
Right of Rescission to Buyers

By offering items for sale at a fixed price on the Website, all Sellers agree to be bound by and honor the following rights of rescission to the Buyer of an item from the Seller :

The Buyer shall have the right to inspect and rescind the transaction within 3 days by notifying the Seller and returning the Item to the Seller within 7 business days of receiving the Item, in the same condition as when received by the Buyer, at the Buyer's risk, cost and expense if the Item purchased through the website is materially different (as of the time immediately prior to shipment to the Buyer) than as represented by the Seller on the website. Upon such return, the Seller shall refund to the Buyer a full refund of the amount of the purchase price of the Item, together with any applicable taxes and duties and excluding all other amounts paid to the Seller for packing and shipping, transportation, insurance, restocking and other charges. The Seller shall remit to the Buyer the amount of the required refund as set forth above for repayment within 3 business days of receipt of the Item.

PLEASE NOTE: Seller's posted policies will supersede the Bath Antiques Online required timelines as long as they are the same or extend the timelines set forth by Bath Antiques Online.

Buyers shall not be entitled to a refund from Bath Antiques Online. Sellers shall have no obligation to pay any amount to the Buyer unless and until the Buyer has returned the Item to the Seller as provided in the Terms of Service.

The above remedy of rescission and refund is exclusive and in lieu of all other remedies and damages otherwise available to the Buyer with respect to the Seller's breach of any of his/her obligations with regard to the characteristics, quality, condition or value of the Item. In no event shall our liability or the liability of the Seller extend beyond a refund as provided above, and in no event shall we or the Seller be liable for damages of any kind, whether classified as direct, indirect, special, incidental, consequential or otherwise.

A Buyer with a claim against the Seller must contact the Seller directly to pursue the claim. Any refund will be paid directly to the Buyer by the Seller.

Buyers are responsible for reading the full item listing, including the seller's instructions and accepted payment methods.
Remedies for Breach by a Buyer

If the Buyer fails to comply with its obligations under the Terms of Service, in addition to all other rights and remedies available by law to the Seller, including recovery of the full purchase price and other damages, the Seller may elect to cancel the transaction and/or resell the Item. Such other damages include the right to hold the Buyer liable for all costs of enforcing rights under the Terms of Service, which include, but are not limited to, costs of collection, costs of reselling the Item, handling charges, late fees, commissions and reasonable attorneys' fees and expenses.
Fraudulent or Improper Conduct

You agree at all times to comply with applicable laws and not to use the Website for any unlawful or improper purpose. You are not permitted to register under a false name, use another person's name or password, give false information or supply false credit information. You agree not to send emails, commercial or otherwise, to other Sellers or Buyers, except as provided for by this Terms of Service. We reserve the right to terminate any Seller's or Buyer's or Member's account that does not comply with these Terms of Service.
Export or Import

An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of Buyers and Sellers to familiarize themselves with any required license, and import or export requirements or limitations. We will have no responsibility with regard to these matters.
Appraisals & Valuations

Online appraisal and valuation reports are an opinion of value based on comparable market research of the item description and digital images supplied by our members via the internet. Condition is unseen first-hand. No further guarantee of authenticity, genuineness, attribution or authorship is represented.

Retail replacement valuation is the price in UK pounds sterling required to replace the property in question with another of similar age, quality, origin, appearance, provenance and condition, within a reasonable length of time in an appropriate retail market.

Open market valuation is the price in UK pounds sterling that one could reasonably expect the property in question to be offered for sale in the open market, the final price being agreed on between a willing buyer and seller, neither being required to act, and both having reasonable knowledge of the facts.

Auction reserve estimate is the minimum price in UK pounds sterling that one would be willing to accept for the property in question in an auction saleroom on a given day; where the final price realised could vary by auction, area, time of year and strength of bidding interest. It is not an estimate of value. It does not take into account any VAT or Buyer's / Seller's Premium payable. The auction reserve price allows the auction to start at an 'attractive' low price, to create bidding interest, while preventing the final price realised ending below a fair minimum value.
Intellectual Property Rights

This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Website, and any content developed by us, which shall remain our intellectual property.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Website are owned by Bath Antiques Online. You may not copy, distribute, show in public or create any derivative work from the Website, or any of the material which is found on the Website (unless you are the owner of that contect and originally submitted that content) unless properly licensed to do so by us.
Content License

When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

If you are the seller of an item and you would like to remove information about that item from the website you can do so by sending us a removal request by email, we only accept removal requests from the seller of an item, we honour all price and/or image removal requests, however item description removal requests are discretionary by us.
Unsolicited Submissions

If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Bath Antiques Online or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Bath Antiques Online and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Bath Antiques Online or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Bath Antiques Online and its assigns.
Termination

This Agreement is terminable at any time at our sole discretion without notice.
Limitation of Liability

To the greatest extent permitted by applicable law, in no event shall we be liable for damages of any kind, whether classified as direct, indirect, special, incidental, consequential (including for loss of profits or revenues or data) or otherwise, and whether in contract, tort, negligence, strict liability or otherwise, arising out of, resulting from or in any way related to any transaction occurring on this site, any breach by a Seller or Buyer, the use or inability to use this site, or any other matter contemplated by the Terms and Conditions, except to the extent the law does not permit such an exclusion of liability.

You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks to the fullest extent permitted by law.

The Seller is solely responsible for the descriptions and price estimates of their items and any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Property. We shall have no responsibility or liability with respect to inaccurate or incomplete information or otherwise with respect to the acts or omissions of Sellers, and as between the Buyer and us, the Buyer agrees to assume such risks.

You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Websites; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Websites.

Regardless of the nature of the claim or the reasons for the loss and damages, Bath Antiques Online will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you or any other person.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
Indemnification

You agree to indemnify and hold harmless Bath Antiques Online (and our affiliates, directors, officers, agents and employees) from and against any and all claims, liability, loss, damage and expense, including without limitation reasonable attorneys' fees, arising out of or related to any breach of your obligations under these Terms of Service or a violation by you of law or the rights of third parties.
No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Bath Antiques Online assign or dispose of this Agreement.
Entire Agreement

This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the Bath Antiques Online Terms of Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
Waiver

The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.
No Third Parties

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Contact

If you have any questions about this terms of service agreement, the practices of this website, or your dealings with this website, you can contact us by e-mail, by telephone on +44 (0)117 9391333, or by post at :

Bath Antiques Online
Network House
9 Rivers Street Place
Bath
BA1 2RS
United Kingdom

Please ensure you include your contact details with all correspondence.

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