Terms & Conditions

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.lookingforantiques.co.uk (our site), whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the site.

By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1. INFORMATION ABOUT US

1.1 - www.lookingforantiques.co.uk is a site operated by Jonathan Groethe, Mark Groethe and Nicholas Read a partnership trading under the name “Looking for Antiques” (we or us or our). Our main trading address is WARWICK ROAD, BANBURY, OXON, OX16 2AP.

2. ACCESSING OUR SITE

2.1 - Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2 - From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

2.3 - If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code/user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3. USING OUR SITE - GENERAL

3.1 - If you wish to sell or purchase items listed on our site then you must register.

3.2 - Under the terms of this site where you are a registered user (whether a Seller or a Buyer) we agree to provide online portal services to facilitate the marketing and sale of antique goods (“Goods”) by Sellers to Buyers in accordance with these Terms.

3.3 - Buyers and Sellers are responsible for ensuring that all sales/purchases are completed correctly and in accordance with these Terms.

3.4 - any item listed on our site and offered for sale, purchase, export or import, is the Sellers and/or Buyer’s sole responsibility to fulfil their obligations for
the sale/purchase of items via this site.

3.4.1- If you are a seller, you agree to upload a 'minimum' of 5 items with a 'minimum' of 5 images. If you 'SELL' a stock item 'offline' or through another antiques portal or your own website, and items are NOT UPDATED IMMEDIATELY in your LFA dealer profile, and a purchase is made through the LFA website for the same item, you are personally LIABLE for refunding the customer in FULL and any Paypal administrative and/or reversal charges that may be incurred by Looking For Antiques.

3.4.2 - Any seller account that remains 'inactive' and unpopulated 2 weeks from the activation date will be 'deleted' with one weeks (7 days) notice. The only circumstance where an exception will be considered, is when we receive a notification by email to [email protected] advising us of the reason(s) why an extension is required. An example of this would be annual holiday vacation.

3.4.3 - Avoiding Looking For Antiques Fees/‘Forbidden Practices’. If you are a Seller or a Buyer, it is strictly against company policy to and is a violation of our Terms & Conditions to enable, encourage, or instruct others to leave Looking For Antiques so that they can buy, or participate further discussion via other antique portals that are selling the same item, other than Looking For Antiques. Listing an item and then being paid outside of Looking For Antiques.

3.4.4 (a) - As a Seller, it is against company policy and is a violation of our Terms & Conditions to List an item(s) and then encourage a customer to purchase the same item(s) / identical items from another website such as your own or another antiques hosting portal outside of Looking For Antiques, with the sole purpose of evading commission. It is also prohibited to offer related items for sale outside of Looking For Antiques by using our contact ‘Make An Enquiry’/‘Offer’ form, email messages or other communication with a Looking For Antiques customer.

3.4.4 (b) - Looking For Antiques 'Make An Enquiry' messenger system.
All communication sent through the Looking For Antiques ‘Make An Enquiry’ system are received by Looking For Antiques and distributed to the recipient(s) in question. Looking For Antiques reserves the right to delay or withhold messages in case of reasonable suspicion of a fraudulent activity or a violation of the Looking For Antiques User Terms & Conditions.

3.4.5 - We also don't allow members to exchange email addresses, phone numbers or other contact information, web addresses, or links within Looking
For Antiques messaging systems 'Make An Enquiry form'. Looking For Antiques monitor all messages sent through our 'Make An Enquiry'/'Offer Form'
and between users to improve our services, mitigate fraud, abuse, spam, and other violations of Looking For Antiques policies such as evading commission. Make sure you follow these guidelines. If you don't, you will be subject to a range of actions, including your messages being intercepted and blocked, suspension of your account and legal action.

3.5 - No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created under these Terms.

3.6 - By registering and using the Services through our site, you warrant that:
3.6.1 - You are legally capable of entering into binding contracts;
3.6.2 - You are at least 18 years old;
3.6.3 - Where you are registering on behalf of a business entity, you confirm that you have the authority to bind such entity;

3.7 - When using our site, you must comply with the provisions of our Acceptable Use Policy

4. UPLOADING MATERIAL TO OUR SITE

4.1 - Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

4.2 - Any material you upload to our site will be considered non-confidential and non- proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.3 - We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

4.4 - We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy

5. TRANSACTIONS CONCLUDED THROUGH OUR SITE

5.1 - Contracts for the supply of Goods formed through our site are between a Seller and a Buyer and are governed by these Terms and are subject to acceptance and availability.

5.2 - By registering for our site you agree to sell or purchase Goods in accordance with the following Terms.

5.3 - Where you are a Seller of Goods:
5.3.1 - you warrant that you are legally entitled to sell the Goods that you offer for sale via our site;
5.3.2 - our site is not an auction site but the Seller can still choose to engage in a 'Dealer to Dealer' negotiation, which is for Sellers only and sets a sale price for Goods, accordingly you confirm that you are willing to sell the Goods at the price you have negotiated and/or displayed for sale on our site, and if displayed such price by a Seller, you will complete the sale at that price;

5.3.3 - where you offer Goods for sale via our site or reply to a Buyer in response to a “Request & Reply” query in respect of Goods then, if such item(s) is/are for sale via alternative online or offline outlets, then you shall clearly state in your description of the Goods on our site or in reply to a Buyer that the item is for sale from other outlets and shall update our site or a Buyer immediately should the item be sold via another outlet prior to receiving an offer from a Buyer;

5.3.4 - a contract for sale of the Goods shall become binding on the Seller and Buyer when our site issues an email confirmation to the Buyer accepting a sale by the Buyer to “Secure” the Goods;

5.3.5 - the email confirmation set out in clause 5.3.4 above translates, that if a Buyer cancels payment for the Goods, then you shall be entitled to re-offer such Goods for sale on the site;
5.3.6 - you consent to our commission being deducted from monies received from
the Buyer for Goods via PayPal.

5.4.1 - By placing an order, you consent to payment being charged to your prepay/ debit/credit card account or electronic payment account.

5.5 - Cancellation – Consumer Customers ONLY

5.5.1 - If a Buyer is contracting as a consumer, a Buyer may cancel a contract with the Seller at any time within 14 working days, beginning on the day after the Buyer received the Goods. In this case, the Buyer will receive a full refund of the price paid for the Goods in accordance with our refunds policy.

5.5.2 - If a Buyer cancels a contract, the Buyer must inform the Seller in writing. The Buyer must also return the Goods to the Seller immediately, in the same condition in which the Buyer received them, and at the Buyer’s own cost and risk. The Buyer has a legal obligation to take reasonable care of the Goods while they are in their possession. If the Buyer fails to comply with this obligation, then the Seller may have a right of action against the Buyer for compensation.

5.5.3 - A Buyer will not have any right to cancel a contract for the supply of any of Goods under this provision which have been personalised or altered in accordance with a Buyer’s instructions prior to dispatch by the Seller.

5.5.4 - Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation email in the form of a link back to this page. This provision does not affect a Buyer’s statutory rights as a consumer purchaser.

6. SHIPPING/DELIVERY OF GOODS

6.1.1 - As part of the checkout process we shall provide the Buyer a shipping/delivery quotation via our Automated Delivery Quoting System. Quotations will be offered from our preferred shipping/delivery service providers.

6.1.2 - If a Buyer chooses to use the services of a preferred shipping/delivery provider then the terms of such provider shall apply to the shipping/delivery of the Goods and the Seller and Buyer agree to abide by the provider’s Terms and Conditions of service which are duly incorporated into these Terms and which can be found here:

Pack & Send T&Cs

6.1.3 - The contract for shipping/delivery shall be entered into directly between the provider and the Buyer and the provider will contact the Buyer direct to arrange delivery following a request from the Buyer.

6.1.4 - We provide no guarantee or warranty in relation to such third party services and advise that the Seller and/or Buyer ensure that all appropriate instructions are provided to the third parties providers to ensure safe and prompt delivery of the Goods.

7. RETURN OF GOODS AND DAMAGED GOODS

7.1.1 - The Seller warrants to the Buyer that the Goods will conform to the description of the Goods set out on our site in all material respects.

7.1.2 - Subject to clause 7.1.3 below, if on receipt of the Goods the Buyer deems that the Goods do not conform to the description of the Goods as set out on our site the Buyer shall immediately notify the Seller in writing giving details of the discrepancy a refund shall be processed in accordance with clause 7.2.2 below.

7.1.3 - The refund process set out in clauses 7.1.2 and 7.2.2 shall not apply in the event that the issue is due to damage to the Goods whilst in transit to the Buyer and in such circumstances the provision of clause 7.1.4 shall apply.

7.1.4 - In the event of a problem with delivery or receipt of damaged Goods then the Buyer shall notify their chosen shipping/delivery service provider direct in accordance with the shipping/delivery provider’s terms and conditions (referred to above) and shall make claim from the shipping/delivery provider in accordance with such terms.

7.2 - Refunds Policy

Where you return Goods to a Seller:

7.2.1 - where a Buyer acting as a consumer and has cancelled the contract between the Buyer and Seller within the fourteen-day cooling-off period (see clause 5.5 above), the Seller will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day the Buyer gave notice of their cancellation. In this case, the Seller will refund the price of the Goods in full (including any commission paid), including the delivery cost of sending the item to the Buyer. However, the Buyer will be responsible for the cost of returning the item to Seller.

7.2.2 - for any other reason (for instance, because the Buyer has notified the Seller in accordance with paragraph 7.1 because the Buyer claims that the Goods are damaged), the Seller will examine the returned Goods and will notify the Buyer of their refund via e-mail within a reasonable period of time. The Seller will usually process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day the Seller confirms to the Buyer via e-mail that the Buyer is entitled to a refund for the defective Goods. Goods returned by the Buyer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the Buyer and the cost incurred by the Buyer in returning the item to us.

7.2.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 - We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 - You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

8.3 - You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 - Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.5 - You must not use any part of the materials on our site for commercial purposes without
obtaining a license to do so from us or our licensors.

8.6 - If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made

8.7 - You must not upload to our site or post via our site any material (whether images or text) for which you do not hold the intellectual property rights or for which you do not hold a valid license from the owner of such intellectual property rights.

8.8 - Where you are using our site on behalf of a business entity, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the your use of the site or up.

9. RELIANCE ON INFORMATION POSTED

9.1 - Descriptions of items, commentary and other materials posted on our site are not intended to amount to advice from us on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10 OUR SITE CHANGES REGULARLY

10.1 - We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

11.1 - The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

11.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

11.1.2 Our liability for losses a Seller or Buyer suffers to their tangible property or any other claims for direct financial loss as a result of us breaking this agreement is strictly limited to the commission paid to us on the purchase price of the Goods purchased via our site by the claimant Seller or Buyer (as applicable).

11.1.3 Our liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
11.1.3.1 - loss of income or revenue;
11.1.3.2 - loss of business;
11.1.3.3 - loss of profits or contracts;
11.1.3.4 - loss of anticipated savings;
11.1.3.5 - loss of data;
11.1.3.6 - loss of goodwill;
11.1.3.7 - wasted management or office time; and

11.2 - whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

12.1 - We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

13 VIRUSES, HACKING AND OTHER OFFENCES

13.1 - You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

13.2 - By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

13.3 - We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked
to it.

14 LINKING TO OUR SITE

14.1 - You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 - You may create a link to any part of our site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

14.3 - If you wish to make any use of material on our site other than that set out above, please submit a request using our Contact Form

15. LINKS FROM OUR SITE

15.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. JURISDICTION AND APPLICABLE LAW

16.1 - The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

16.2 - These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18. Waiver

17.1 - A waiver by us of any default shall not constitute a waiver of any subsequent default.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 - The contract between you and us is binding on you and us and on our respective successors and assigns.

18.2 - You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.

18.3 - We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

19.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

19.2.1 - Strikes, lock-outs or other industrial action.

19.2.2 - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

19.2.3 - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

19.2.4 - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

19.2.5 - Impossibility of the use of public or private telecommunications networks.

19.2.6 - The acts, decrees, legislation, regulations or restrictions of any government.

19.3 - Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. Variations

20.1 - We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

21. Notices

21.1 - All notices given by you to us must be given to Looking For Antiques at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

22. Seller Terms & Conditions

22.1 All items purchased are covered under the Distance Selling Regulations, which give all buyers the right to cancel the purchase within 14 working days after receipt of the item, for a full refund less return transport costs. To be eligible for a return, your item must be in the same condition that you received it.

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