Terms and Conditions for Website Use
In addition to the Terms and Conditions of use of the Website(s) buyers wishing to participate in any of our live or timed auctions should familiarise themselves with our Terms and Conditions of Sale and understand that by leaving a bid on an item through www.roseberys.co.uk or www.vertuatroseberys.co.uk, you indicate that you understand and intend these Terms and Conditions of Sale to be the legal equivalent of a signed, written document and equally binding and that you accept such Terms and Conditions and agree to be legally bound by them.
As a member of the Society of Fine Art Auctioneers Roseberys adhere to their high standards of business ethics and commercial practice.
Rosebery Fine Art Ltd (“Roseberys”)
70/76 Knights Hill
Registered in England No. 06772322
Tel: +44 (0) 20 8761 2522
Fax: +44 (0) 20 8761 2524
Vertu Fine Art Ltd (“Vertu at Roseberys”)
84 Knights Hill
Registered in England No. 09165181
Tel: +44 (0) 20 8761 2522
Fax: +44 (0) 20 8761 2524
If you need to contact us please use the details above.
This disclaimer details our obligations to you regarding our Website(s). Please read this disclaimer in full before you use this Website(s). Using the Website(s) implies that you accept the terms of this disclaimer.
By accessing and using this Website(s) and the content and/or registering with Roseberys you are deemed to have accepted the terms and conditions set out above and below, which form a legally binding agreement. If you do not agree to them you are not entitled to access and use the Website(s).
WARNING: From time to time the content of this Website(s) may not be regarded as suitable for minors or sensitive people. Such content is mainly uncensored and it may therefore include nudity or other graphic or literary content that some people may believe is offensive.
It is your responsibility to decide whether any of the content, subject matter or services on the Website(s) are inappropriate for your child. If you believe anything included on the Website(s) to be inappropriate it is your responsibility to control your child’s use of the computer or mobile device on which they access the Website(s) accordingly. If you are a sensitive person and you find the content, subject matter or services in any way offensive, you should not use the Website(s).
If you are reading this as a child or student below 18 years old, you must have permission from your parent or legal guardian to access and use this Website(s).
The Content of this Website(s) may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
Alcoholic items offered for sale on the Website(s) are directed solely at persons who have reached the age required under the law of their country of residence for the purchase of alcohol. Alcohol purchased through the Website(s) will only be released to the buyer upon proof of age.
These terms and conditions are subject to change. Roseberys reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on the Website(s). The amended terms and conditions shall become effective immediately.
These terms and conditions were last updated on 3rd February 2015 and replace all previous terms and conditions.
USE OF OUR WEBSITES
- You are permitted to use our Website(s) for your own purposes and to print and download material from this Website(s) provided that you do not modify any content without our consent.
- Distribution, commercial use, and online or offline publication of content, software, code, data or materials on the Website(s) is strictly prohibited unless you have received written permission from Roseberys.
- You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Website(s).
- The copyright and other intellectual property rights in all material on the Website(s) are owned by us and must not be reproduced without our prior consent.
- The trademarks, logos and trade names included on the Website(s), or on content reproduced on this Website(s), are not available to be used without the permission of the trademark owner. Roseberys and Vertu at Roseberys will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- No part of this Website(s) may be reproduced without our prior written permission.
- When you place a bid with us via our Website(s) you are making an offer to buy antique collectibles.
- Images of products on this Website(s) are for our illustrative purposes only. All images and written content in both our timed and live auction inventories are subject to Roseberys and Vertu at Roseberys Intellectual Property Rights. The user is permitted to access images and content for their own personal non-commercial use. The user agrees not to copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website(s). Nor will they create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website(s) (by spidering or otherwise) or enable or permit others to do so.
- We have made every effort to display as accurately as possible the colours of our products that appear on this Website(s). However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.
- Items are described to the accepted UK standards and to the best of the ability of our specialist team. However, descriptions are always subjective and interested buyers are encouraged to form their own opinions and ensure they have undertaken their own due diligence in relation to any item.
- Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 “information to buyers”.
- Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Rosebery Fine Art Ltd are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Roseberys will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
- Where the term (a/f) is used this refers to a lot being ‘as found’, it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Roseberys are not liable for the omission of this term.
- Roseberys and Vertu at Roseberys reserve the right to change descriptions and prices of items on our Website(s) on the basis of typographical errors. All amendments to descriptions will be clearly marked as amendments.
- Roseberys hold the copyright to all illustrations and text. They cannot be used by any third party without our prior consent.
- Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
- Where you sign-up to participate in auctions or receive other services available through this Site (‘Services’) you will be provided with log-in information and may have the ability to set passwords to allow you to access a personal account page. Where we do so, it is on the condition that you will be responsible for ensuring that such log-in information and any passwords are kept secure and confidential at all times. You will not share any log-in information or passwords. We cannot be responsible for any loss or damage caused by your negligence, misuse of log-in details or your decision to share account access with others.
- When using the Website(s) you shall not post or send to or from the Website(s) any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
- We take all reasonable steps to ensure that this Website(s) is available 24 hours every day, 365 days per year. However, Websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if the Website(s) are unavailable at any time.
LINKS TO AND FROM OTHER WEBSITES
- Any links to third party Websites located on the Website(s) are provided for your convenience only. We have not reviewed each third party Website and have no responsibility for such third party Websites or their content.
- If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on the Website(s) and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
- If you choose to link to our Website(s) in breach of the paragraph above you shall fully indemnify us for any loss or damage suffered as a result of your actions.
EXCLUSION OF LIABILITY
- We take all reasonable steps to ensure that the information on this Website(s) is correct. However, we do not guarantee the correctness or completeness of material on this Website(s). Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website(s), shall have liability or be responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website(s). This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
- Any content appearing on this Site is not intended to constitute advice. You have full responsibility for how you choose to use any content
- We give no warranties in respect of the Website(s). Without limiting the generality of the foregoing we do not warrant the Website(s) or any software available on or downloaded from it will be free from viruses or defects, nor do we warrant that any material or information contained on this Website(s) will be true, accurate or complete. Except to the extent otherwise provided in these terms and conditions any warranties which would otherwise be implied by law as to quality, fitness for purpose or as to skill and care are hereby excluded. Neither we nor our partners and employees will be liable to you, whether for negligence, breach of contract, misrepresentation or otherwise, for any direct, indirect or consequential damage (including, without limitation, loss of profit, goodwill, business opportunity or anticipated savings), suffered by you as a result of your use of the Website(s) or any information, materials, software or services provided on or through it or downloaded from it, or your inability to use the Website(s), or any error in the provision of the Website(s) or any computer virus transmitted through the Website(s). Nothing in these terms and conditions or in any other terms and conditions governing your use of the Website(s) shall operate to exclude or restrict our liability for: death or personal injury resulting from our, or our employees’ negligence; or breach of our obligations arising from section 12 of the Sale of Goods Act 1979; or from fraud.
- Save in relation to any information or software at any site linked to the Website(s) , we have exercised reasonable care in compiling all information provided at this Website(s) and to ensure that all software provided for downloading on the Website(s) is free from any defects and viruses. It is your responsibility, however, always to verify any information that you may obtain on the Website(s) with independent authorities before acting on it.
LAW AND JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.