GENERAL TERMS AND CONDITIONS FOR BUYING ON Antiques
on Kettner WEBSITES
1. Governing Terms and Conditions
By clicking on the I Accept box you have agreed that all
of the content, including terms, conditions, policies, procedures
and guidelines (collectively referred to as the "Terms
in this website or any of the websites owned and operated
by Antiques on Kettner shall govern the purchasing of items through
our online ecommerce efforts. You also agree to accept all
of these provisions without change. These provisions create
legally binding obligations. The words "you" and
"your" refer to Buyers and prospective Buyers
(collectively sometimes called "Buyers"). The
words "we", "us", and "our"
refer to Antiques on Kettner, Inc. and its related websites, while
the words "property" or "item", refer
to the property offered by Sellers for sale on these websites.
2. Role of Antiques on Kettner
The Antiques on Kettner sites are a venues to bring Sellers and
Buyers together. With the exception of Antiques on Kettner Live Auctions,
we are not involved in the actual transaction between Buyers
and Sellers, except to perform certain administrative services
for a fee. We do not screen or verify the items listed by
Sellers on the site. 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
3. Registration and Passwords
In order to register, Buyers must use their real name,
telephone number, e-mail address, and physical or mailing
address. They must also truthfully provide all of the other
information requested for registration. Only those who have
made acceptable payment arrangements for purchases in accordance
with Seller’s acceptable forms of payment, will be permitted
to buy through Antiques on Kettner.
User names and passwords may be used to gain access to any
of Antiques on Kettner’ channels for purposes of buying, confirming
transactions, and reviewing or editing your account information.
4. Verification and Credit Information
Buyers hereby authorize us to communicate registration
and payment information to Sellers to confirm the accuracy
of information that you have supplied and to authorize transactions
through your bank or credit card company.
5. Changes in Terms and Conditions of Sale
Please note that the Terms and Conditions may be changed,
by (i) email, (ii) postings on the website, or (iii) special
announcements. Information on this site may also change
in the future and changes will be effective immediately.
You should therefore review the information carefully each
time you log on for online purchases. Current information
is available in the Join area on the site under a link "Terms
link throughout the site. Revised terms and conditions will
become part of the conditions for online purchases and will
be binding on you, whether or not you are aware of such
changes. It is your responsibility to ensure that you are
buying with an awareness of the most current information
and terms. By buying online, you are agreeing to accept
these responsibilities. Please carefully read the Conditions
of Sale included in the Terms and Conditions and the Seller’s
Ecommerce Policies and Payment Methods appearing on the
item detail page of each item and all other information
contained in this site.
6. Intellectual Property Rights and Limited License
We and the Sellers, as the case may be, are the exclusive
owners and/or authorized licensees of all intellectual property
rights, including copyright and other rights, in the online
catalogue of items and digital images, in software used
in or on this site, and in the compilation of all visual
and audio information, text and illustrations contained
in the online catalogue and in this site. These rights are
protected by applicable federal and state laws and international
conventions. It is unlawful for anyone to copy, reproduce
or transmit such software, information, text or illustrations
or to use our trademarks, without our specific written consent.
You are granted a limited license to make personal use of
this site solely to purchase items being offered at this
site and for other purposes strictly related to your participation
in these online purchases, and for no other purpose.
There are no fees associated with browsing items. Once
made, sales are binding on the Buyer and are not retractable.
By purchasing an item, you agree to be bound by the Terms
We are not responsible for sales of items for any reason
whatsoever, including without limitation, by reason of technical
problems or disruptions in service.
If you purchase an item, you will be responsible to pay
the full purchase price of the item, which will include
the price of the item packing, shipping, insurance and other
charges and taxes, if applicable, as set forth in these
Terms and Conditions. You should follow the procedures set
forth on any of the Antiques on Kettner’ websites. All prices, and
charges are quoted in U.S. Dollars, unless otherwise stated.
We shall have no responsibility for any malfunction of email
or the ecommerce system or other problems in communicating
with any areas of this site.
Appropriate law enforcement agencies may be notified of
conduct that is believed to be a violation of state, federal
or international law. We will cooperate with law enforcement
investigations to ensure that those violating state or federal
laws are prosecuted to the fullest extent of the law.
8. Eligibility Buying Online
Only persons who are legally permitted under applicable
law to enter into contracts and participate in online buying
are allowed to access and use this site. Minors and others
not permitted under their state laws to enter into legally
binding contracts or participate in online buying are not
permitted to use this site.
9. Fraudulent or Improper Conduct
You agree at all times to comply with applicable laws and
not to use this site 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 the Terms and Conditions. Antiques on Kettner
reserves the right to terminate any Buyer's account that
does not comply with these Terms and Conditions.
You agree to indemnify and hold harmless Antiques on Kettner 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 the Terms and Conditions or a violation by you of
law or the rights of third parties.
11. How To Access Or Correct Your Information
You can access all of the information that we collect online
from you and maintain in our system by logging in and clicking
on "My Account" (e.g. Bob's Account). (We use
this procedure to better safeguard your information.)
You can update information and correct factual errors in
your personal information yourself in the area mentioned
above. It is your responsibility to ensure that your personal
information is current.
How To Contact Us
Should you have other questions or concerns, please call
us at 619-xxx-xxxx or send an email to info@AntiquesonKettner.com.
CONDITIONS OF SALE
We are providing this site as a venue for Sellers and Buyers
to consummate a sale of the items offered on this site.
Such transactions are fully subject to the Terms and Conditions
applicable to the Antiques on Kettner, Inc. ("Antiques on Kettner”) site.
We will provide a system to capture information necessary
to facilitate the purchase of items. This means that we
will administer the collection of all pertinent information
including Buyer's name, address, email address, phone number
and method of payment from the Buyer and forward this information
via Secure Socket Layer (SSL) to the Seller. We do not act
as an agent for either the Seller or the Buyer in transactions
through this site and shall have no liability for or with
respect to any acts or omissions of either the Seller or
2. Purchase Price.
A Buyer purchasing an item through Antiques on Kettner shall pay
to the Seller the amount of the Full Purchase Price as provided
in these Terms & Conditions. "Full Purchase Price"
is defined as (i) the price of the item (ii) applicable
sales and other taxes due on account of the sale, (iii)
packing, shipping transportation and insurance charges,
and customs fees and charges and duties, if applicable,
and (iv) any other amount due from the Buyer as provided
in these Terms and Condition and/or as agreed to between
the Seller and the Buyer during the procedure for consummating
the sale or as posted in the Seller's Ecommerce Policies
posted on the Item Detail Page and Item Review page located
in the checkout process. It is the responsibility of the
Seller and Buyer to determine the amount, if any, of the
sales, use or other taxes and governmental charges due in
connection with the transaction ("Taxes") and
to collect, report and pay the correct amount of the Taxes
to the appropriate governmental authority(ies). We assume
no responsibility for the determination of Taxes or for
the collection, reporting or payment of the Taxes. Buyers
should be aware that there may be compensating use or other
taxes imposed in the home state of the Buyer, and if there
is any question concerning applicable Taxes, Buyers and
Sellers should consult their tax advisors.
3. Descriptions of Property and Disclaimer
We have not seen or evaluated Property being offered for
sale on this site. Additionally, we have not confirmed the
accuracy or reliability of statements made with respect
to any Property offered for sale, and our services in connection
with maintaining this site do not include such responsibilities.
The Sellers are solely responsible for the descriptions
and price estimates of the Property 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. Except as otherwise
specifically stated below or required by applicable law,
all Property is sold AS-IS. ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY
DISCLAIMED BY THE SELLER, except to the extent that any
implied warranty of title is imposed on the Seller by law.
Some states do not allow the disclaimer of implied warranties,
so the above disclaimer may not apply to you. Warranties
give you specific legal rights and you may also have other
legal rights that vary from state to state.
No representation, express or implied, is made by us as
to whether or not a Buyer will acquire any reproduction
rights, copyrights or other intellectual property rights
in, or with respect to, the Property.
4. Limited Right of Rescission to Buyers
By offering Property for sale at a fixed price on this
site, each Seller has agreed to honor the following right
of rescission to the original Buyer of such Property.
The original Buyer shall have the right to inspect and
rescind the transaction within 2 days by so notifying the
Seller and returning the merchandise within three business
days of receiving the Property to the Seller, in the same
condition as when received by the Buyer, at the Buyer's
risk, cost and expense if Property purchased through one
of our channels is materially different (as of the time
immediately prior to shipment to the Buyer) than as represented
by the Seller on this site. Upon such return, Seller shall
refund to the Buyer a full refund in the amount of the purchase
price of the item, together with taxes and duties and excluding
all other amounts paid to the Seller for packing and shipping,
transportation, insurance, restocking and other charges.
Seller shall remit to Buyer the amount of the required refund
as set forth above for repayment within three business days
of receipt of merchandise.
PLEASE NOTE: Seller’s posted policies will supersede the
Antiques on Kettner required timelines as long as they are the same
or extend the timelines set forth by Antiques on Kettner.
Buyer shall not be entitled to a refund from us. Seller
shall have no obligation to pay any amount over to the Buyer
unless and until the Buyer has returned the Property to
the Seller as provided in the Terms and Conditions.
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 Property. 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
A Buyer with a claim against the Seller must contact the
Seller directly to pursue the claim. Any refund will be
paid directly by the Seller to the Buyer.
5. Payment and Delivery
At checkout, notification is sent by email to the Buyer.
The Buyer will have two options based on whether shipping
was added prior to the sale or after the sale.
a) If Shipping is Added prior to the Sale
Seller arranges for the shipping and determines the shipping
price. This price may be added at the time Seller enters
inventory online so that the shipping price is visible to
the Buyer at the time of checkout. If Seller chooses to
add shipping prior to the Sale, and the Buyer has selected
debit or credit card as the method of payment, Seller will
have access to the Buyer's card number to run his/her terminal.
If the card number is denied, Seller shall be responsible
for contacting the Buyer immediately to obtain a different
card or other method of payment. If Buyer fails to pay the
amount due to Seller, Seller will not be obligated to deliver
b) If Shipping is Added After an Item has been Purchased
If Seller chooses to add shipping after an Item has been
Purchased, Seller will be able to see the item which the
Buyer wishes to purchase and the Buyer's address. Seller
will add shipping, handling, taxes (if applicable), insurance
costs and any other costs applicable to the sale. When Seller
clicks the submit button, the Buyer will be sent an email
to decline additional charges within 3 days. If the Buyer
takes no action within 3 days and has chosen to pay by debit
or credit card, Seller will receive the credit card or debit
card information. If the card number is denied, Seller shall
be responsible for contacting the Buyer immediately to obtain
a different card or other method of payment. If Buyer fails
to pay the amount due to Seller, Seller will not be obligated
to deliver the Item.
Shipping shall include insurance and tracking so that the
date of delivery is identifiable. Seller shall allow the
Buyer a period of at least 2 days once the item is received
to inspect the item for compliance with the description
provided in Seller’s listing and three business days to
package and ship the item for return. If Seller wishes to
allow a longer period of time, Seller may do so by providing
this in his/her Return Policy. Restocking fees should also
be outlined in this area. Please note: Seller’s posted policies
will supersede the Antiques on Kettner required timelines as long
as they are the same or extend the timelines set forth by
Antiques on Kettner.
If Buyer refuses acceptance, merchandise shall be returned
to Seller as outlined in the return policy posted on the
item detail page and item review page in the checkout area.
Buyer will be responsible for paying shipping charges to
return the item to the Seller along with restocking fees
outlined in Seller’s Return Policy, unless otherwise specified
by the Seller. In the event Buyer refuses acceptance, Seller
shall contact the Buyer to see if there was a problem and
work with the Buyer to rectify the situation.
After Seller has received the Full Purchase Price from
the Buyer, and Seller has shipped the item, the item will
move to Buyer's Purchase History in Buyer’s account area.
Title and risk of loss shall pass to the Buyer when the
Seller delivers the Property to the Shipper for delivery.
The Buyer through the shipper shall process any loss, theft,
or damage from that point in time. Notwithstanding the foregoing,
the Seller shall lend reasonable assistance to the Buyer
in resolving any such claims with the shipper and/or the
6. Remedies for Breach by a Buyer
If the Buyer fails to comply with its obligations under
the Terms and Conditions, 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 Property.
Such other damages include the right to hold the Buyer liable
for all costs of enforcing rights under the Terms and Conditions,
which include, but are not limited to, costs of collection,
costs of reselling the Property, handling charges, late
fees, commissions and reasonable attorneys' fees and expenses.
7. Requirements Imposed by Law and Indemnification
Disputes between the Seller and Buyer are to be resolved
between the parties and we shall have no responsibility
to participate in such proceedings. Sellers and Buyers should
understand that applicable laws, rules and regulations of
their respective home states, other states having a relation
to the transaction, and/or of federal law may apply to give
the parties rights beyond or different from those set forth
in the Terms and Conditions. Such rights might include,
but are not limited to, the right to know the identity of
parties to a transaction, to receive notification of certain
rights, to receive certain warranties or other recourse
in connection with a purchase and sale transaction or otherwise.
It is the obligation of the respective parties to comply
with these laws, rules and regulations. Each Seller and
Buyer participating on the websites hereby agrees to indemnify
and hold us harmless from and against any and all claims,
liabilities, losses, damages and expenses, including reasonable
attorneys' fees, relating to the failure of such party to
comply with any such law, rule or regulation.
8. Governing Law
The agreement between Buyer and Antiques on Kettner, including the
Terms and Conditions, is a contract under the laws of the
State of Ohio and shall be construed in accordance with
and governed by the laws of the State of Ohio (excluding
its conflicts of laws rules). Buyer consents and agrees
that any suit for the enforcement of such contract or any
other agreement between Buyer and Antiques on Kettner shall be brought
in the Ohio state courts located in Columbus, Ohio or any
federal court sitting therein. Buyer hereby waives any objection
that Buyer may now or hereafter have to the venue of any
such suit or any such court or that suit is brought in an
9. 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
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. Inability
to obtain a license or to import into or export to foreign
countries or delays in connection therewith shall not constitute
a basis for (a) a delay in Buyer's paying for any purchase,
(b) a rescission or cancellation of a purchase by Buyer
or (c) Buyer not otherwise fully meeting Buyer's obligations
to the Seller.
Severability. If any provision or portion thereof of the
Terms and Conditions shall be void, unlawful or unenforceable
under applicable law, that provision or portion thereof
shall be deemed deleted and severed from the remaining provisions,
and shall not affect the enforceability or validity of any
of the remaining provisions.
No Assignment. The Buyer may not assign his, her or its
rights or obligations with respect to transactions on this
site and any such assignment shall not be effective.
Notices. To be effective, notices to us relating to the
Terms and Conditions or transactions consummated or contemplated
on this site shall be given by certified mail, return receipt
Antiques on Kettner Inc.
2400 Kettner boulevard, Suite 106
San Diego, California 92101
san diego, ca 92101
with a printout copy of any documentation to be retained
by the sender and available to us at our request.
Complete Agreement and Binding Agreement. The Terms and
Conditions contain all of the provisions applicable to the
agreement between us, on the one hand, and each Buyer, on
the other, with respect to the subject matter of the Terms
and Conditions. The provisions of the Terms and Conditions
supersede and extinguish all other agreements, representations
or understandings, whether prior or contemporaneous, or
oral or written, between the parties concerning that subject
matter except for Sellers’ Policies which are hereby integrated
into the Terms and Conditions as well as the General Terms.
The Terms and Conditions shall be binding on the parties,
heirs, beneficiaries, executors, successors and assigns.
Paragraph Headings. Paragraph and subparagraph headings
are included in the Terms and Conditions for ease of reference
and should not be used to interpret the meaning of the substantive