Terms of use

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 and Conditions" and also called "Terms of Use") 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 the purchase.

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 and Conditions" and in the "Terms of Use" 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 to Use

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.

7. Buying

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 and Conditions.

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.

10. Indemnity

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

1. General.

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 the Buyer.

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 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 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 the Item.

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 insurer.

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 inconvenient court.

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 of liability.

10. Miscellaneous

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 requested, to:

Antiques on Kettner Inc.
2400 Kettner boulevard, Suite 106
San Diego, California 92101
san diego, ca 92101
619) 234-3332
info@AntiquesonKettner.com

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 provisions.