Retailers and the role of the Platform/Application
Ordering and availability
Delivery or collection
Delivery outside the United Kingdom
Risk and ownership
Price and payment
Consumer cancellation rights
Product Listing Information
These are the terms and conditions of supply for antiques ordered on www.bestinantiques.com (Platform) and/or through any mobile application we provide which allows the ordering of antiques (Application). The Platform/Application is operated by or on behalf of Best in Antiques Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 10167683, and our registered office is at 5 New Street Square, London, EC4A 3TW. Our VAT registration number is 247 8577 55.
We reserve the right to change these terms and conditions from time to time by changing them on the Site/Application, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 14 July 2016.
Dealers and the role of the Platform/Application
The Platform/Application brings together a range of Products offered for sale by certain third party dealers of antiques who we feature on the Site/Application (“Dealers“) to help users who visit the Platform/Application browse, locate, make an appointment to view and/or purchase those Products. On each Product listing page, you can see clearly the name of relevant Dealer by whom that Product is offered for sale and view the Dealer’s contact details. We are not a seller, supplier or auctioneer of any of the Products.
When you purchase any Product, you will buy directly from the relevant Dealer (not from us) through the Platform/Application and the contractual relationship in relation to the sale will be only between you and that Dealer. We will not be a party to it. The relevant Dealer will be responsible for the sale, the delivery and other after-sale care and our role is limited to acting as commercial agent to conclude the sale by accepting your order and collecting your payment on behalf of that Dealer. Our receipt of full payment from you will discharge your debt to the relevant Dealer in respect of that order. Though we may assist with certain practical issues on behalf of the relevant Dealer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Product sold on the Platform/Application by any Dealer.
Ordering and availability
To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm that you meet this requirement.
Products may be ordered by clicking on the items you wish to purchase or view and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the “Order and Pay Now” button or the “Meet and Greet” button on the checkout page.
After placing an order by clicking either button, you will receive an acknowledgment from or on behalf of the relevant Dealer that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the relevant Dealer to buy or view (as applicable) the Product(s) ordered. All orders are subject to acceptance by us on behalf of the relevant Dealer. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the:
- “Order and Pay Now” button, you enter into an obligation to pay for the Product(s); and
- “Meet and Greet” button, you enter into an obligation to view/inspect the Antique(s) but not purchase them unless and until you access the Platform/Application at the time you view/inspect those Product(s) and click the “Confirm Purchase Pursuant to Meet and Greet” button. Please note that the Product(s) will remain available for others to purchase for up to 24 hours prior to your appointment to view/inspect the Product(s). If the Product(s) are so purchased then your appointment to view/inspect them will be cancelled and such cancellation will be notified to you on the Platform/Application.
Where your order is accepted, such acceptance will be confirmed by sending you a confirmation that either your order has been despatched, or (if you opt to collect) when the Product(s) will be ready for collection, or (if you opt to ‘meet and greet’) when an employee or other representative of that Dealer will meet you to facilitate your viewing/inspection of the Product(s). That confirmation is referred to in these terms and conditions as the “Order Confirmation”. In respect of any and all orders placed by clicking the “Order and Pay Now” button, the contract between you and the relevant Dealer in relation to the purchase of the Product(s) ordered (Contract) will only be formed when the Order Confirmation is sent to you. In respect of all orders placed by clicking the “Meet and Greet” button, the Contract will only be formed when you access the Platform/Application at the time you view/inspect those Product(s) and click the “Confirm Order Pursuant to Meet and Greet” button. After entering into the Contract, the relevant Dealer will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation (save for that, where the relevant order was placed by clicking the “Meet and Greet” button, those Product(s) confirmed by your clicking the “Confirm Order Pursuant to Meet and Greet” button). The relevant Dealer will not be obliged to supply any other Product(s) which may have been part of your order.
Delivery or collection
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order, unless you opt (where available) to:
- collect it from one of the collection locations offered by the relevant Dealer as part of the “click and collect” service; or
- collect it from one of the viewing/inspection locations offered by the relevant Dealer as part of the “meet and greet” service once you have clicked the “Confirm Order Pursuant to Meet and Greet” button.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that the relevant Dealer may not be able to deliver there. If that is the case, you will be notified before your order is accepted. The relevant Dealer reserves the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by Royal Mail (within the United Kingdom), other national mail service, or courier and take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
Deliveries will be made to your door. The courier will not be responsible for any additional carrying, unpacking or positioning of Product(s). If you order a large, heavy or bulky Product, you should check carefully, before ordering, that its dimensions (allowing for packaging) will allow it to pass freely through the doorways, corridorsandif, relevant, stairways of the delivery address.
Delivery outside the United Kingdom
If you order Product(s) for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the relevant Dealer has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. The relevant Dealer will not be liable for any breach by you of any such laws.
Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
Price and payment
The price of Products is as quoted on the Platform/Application from time to time. Please note there will be no opportunity to request a price reduction or ‘haggle’ with the relevant Dealer if you opt to use the ‘greet and meet’ service.
Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due once you have selected your chosen different delivery location.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an Order Confirmation.
The Platform/Application contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Platform/Application may be incorrectly priced. Prices charged will normally be verified as part of the despatch procedures so that, where a Product’s correct price is less than the stated price, youwill be charged the lower amount. If a Product’s correct price is higher than the price stated on thePlatform/Application, the relevant Dealer will normally reject your order in which case you will be notified of such rejection.
All payments on the Platform/Application must be made by credit or debit card on the checkout page. Payment can be made by most major credit and debit cards. Please note that the statement address for the credit or debit card you use to pay will be the same as the delivery address for the order, unless you provide an alternative delivery address on the checkout page.
Your credit or debit card will not be charged until you receive your Order Confirmation, unless you use the “meet or greet” service in which case it will be charged when you click the “Confirm Order Pursuant to Meet and Greet” button.
You should be aware that online payment transactions are subject to validation checks by your card issuer and the relevant Dealer is not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. The relevant Dealer is not responsible for this.
Consumer cancellation rights
Except in relation to Products purchased pursuant to the “meet and greet” service, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection locations offered on the Platform/Application, the day after it is delivered to that third party.
If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with the refunds policy (see below).
To cancel a Contract, you must clearly inform the relevant Dealer, preferably:
- in writing, giving your name, address and order reference; or
- by completing and submitting our cancellation form available on the Platform/Application athttps://www.bestinantiques.com/.
You must also return the Product(s) within 14 days after the day you notify your cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). Products must be returned to the relevant Dealer. You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, the relevant Dealer may have a right to deduct the cost of any deterioration (due, for example, to your having dropped the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
The 14-day cooling-off period does not apply in relation to Products purchased pursuant to the “meet and greet” service on the Platform/Application.
To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if you have been provided with one) inside the parcel) and then return it to the relevant Dealer, either by courier or by recorded delivery mail or other form of certified mail or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the returns address stated in the delivery note inside the delivered parcel.
You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s).
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
If you cancel a Contract within the 14-day cooling-off period (see above), any refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which the relevant Dealer receives the Product(s) back or, if earlier, the day on which the relevant Dealer receives evidence that you have returned the Product(s) to the returns address (see above). You will be refunded the price paid in full (subject to any deduction the relevant Dealer is entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, you will not be refunded your cost of returning the Product(s). Any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make the relevant Dealer aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform the relevant Dealer as soon as possible, preferably in writing, giving your name, address and order reference.
Please note that we have no control over any Dealer or the quality of any of the Products or service it provides, we do not give any commitment (whether on our own behalf or on behalf of any Dealer) regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Dealer.
Nothing in this section affects your legal rights.
Product Listing Information
We take reasonable steps to copy the item names, descriptions, prices, special offer information, warnings and other details (“Product ListingInformation“) from the information that is provided to us by the relevant Dealer. However, it is the relevant Dealerthat is responsible for providing this ProductListing Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about any Product Listing Information, you should confirm with the relevant Dealer directly before ordering.
Whilst reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Platform/Application, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Nothing in these terms and conditions shall limit or exclude any liability to you:
- for death or personal injury caused by negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we or the relevant Dealer be liable to you for any business losses, and if you are a business customer, in no event shall we or the relevant Dealer be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we or the relevant Dealerdo have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated at the time your order is accepted.
Please remember that the legal contract for the supply and purchase of Products is between you and the relevant Dealer. We have no control over the actions or omissions of any Dealer.
Neither we nor the relevant Dealer will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any Contract that is caused by events outside our or the Dealer’s reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
If the relevant Dealer fails to enforce any of its rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and the relevant Dealer in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country other than England or Wales, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and the relevant Dealer regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) other than England, you can choose to bring legal proceedings either in your country or in England, but if the Dealer brings legal proceedings, it may only do so in your country.
The European Online Dispute Resolution platformhttp://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and the relevant Dealer.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email firstname.lastname@example.org, by telephone on +44 (0)207 101 0658 between the hours of 9am to 5pm, Monday to Friday or write to us at:
Best in Antiques Ltd.
120 Pall Mall