Terms & Conditions

O’Keeffe Antiques Limited - Website Terms & Conditions

By accessing this website and downloading or otherwise viewing any images or other content from this Website you will be deemed to have agreed to the following terms and conditions of use:

Copyright

This website any and all of its contents ("Website") and the copyright in this publication is owned by O’Keeffe Antiques Limited and is copyright © O’Keeffe Antiques Limited 2016. All rights reserved.

Terms of Use & Linking Policy

Except where necessary to view this Website for private, non-commercial use as expressly permitted by and in accordance with the Copyright, Designs and Patents Act 1988 (as amended), no images or other content may be reproduced, communicated to the public, distributed, re-used or extracted from this Website for any purpose (including without limitation any storage, reproduction, linking or indexing for the purposes of any search engines) without the prior written consent of O’Keeffe Antiques Limited. No permission is granted to create any hyperlinks to any part of this Website or to frame any pages or images from this Website. The prior written consent of O’Keeffe Antiques Limited must be sought.

Other Trademarks and Trade Names

All other trademarks or trade names referred to in these materials are the property of their respective owners.

Your Comments

O’Keeffe Antiques Limited wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. O’Keeffe Antiques Limited will be free to use and act on any information you submit.

Use of Interactive Features on this Website

For your convenience, O’Keeffe Antiques Limited may provide interactive features on this website, such as access to information and user comments. You are authorised to use these features solely for the purposes specified and for no other purposes.

Accuracy of this Website

These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at O’Keeffe Antiques Limited discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through these web pages may originate outside of O’Keeffe Antiques Limited. O’Keeffe Antiques Limited excludes any obligation or responsibility for this content.

Viruses

O’Keeffe Antiques Limited makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.

Disclaimer of Warranties

The services, the content and the information on this Website are provided on an "as is" basis. O’Keeffe Antiques Limited, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. O’Keeffe Antiques Limited, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the O’Keeffe Antiques Limited website. No information obtained via the O’Keeffe Antiques Limited website shall create any warranty not expressly stated by O’Keeffe Antiques Limited in these terms and conditions. Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do, not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.

Limitation of Liability

 To the extent permitted by law, in no event shall O’Keeffe Antiques Limited, its affiliates or licensors or any third parties mentioned at the O’Keeffe Antiques Limited website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the O’Keeffe Antiques Limited website, services, content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not O’Keeffe Antiques Limited is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall O’Keeffe Antiques Limited’s total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed eur100.00. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

Disclosure of Information

All information provided to O’Keeffe Antiques Limited by visitors to these web pages is considered to be confidential and will not be disclosed by O’Keeffe Antiques Limited to any third party except as may be required for the provision of the service.

O'Keeffe Antiques Limited Terms and Conditions of Sale

It is important that you read and understand these terms and conditions before proceeding with this transaction. Only proceed with this transaction if you wish to be bound by the terms and conditions set out below (the "Terms").

1 Purpose and effect

1.1 These Terms set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item(s) identified in the invoice overleaf, which we refer to below as the "Work" (the "Contract"). We confirm that we either own the Work or are authorised to sell it on behalf of the owner.

1.2 If you wish to rely on any variation of, or addition to these Terms, you must ensure that the variation or addition has been agreed by us in writing.

2 Statements about the Work

2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, value, historical significance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us.

2.2 Our description of the Work is partly dependent upon information provided by experts and we are not liable for the statements, data, information and opinions of others or any changes in expert opinion which may take place subsequent to the sale.

2.3 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however caused, after the sale.

3 Payment of purchase price

3.1 You must pay us the full price for the Work (without deductions), together with delivery costs, any VAT and any amounts payable to us under clause 6 below but excluding any deposit or advance that you may already have paid (the "Price"), on the earlier of: (a) the expiry of any payment term as shown on the invoice; and (b) the time of delivery of the Work. Payment is only made once we receive cleared funds representing the full amount.

3.2 Payment may be made by wire transfer, cash (subject to any thresholds we may set) or credit card, as agreed and set out in the invoice. Where we agree to payment by cheque, acceptance is conditional upon the cheque being cleared in full on first presentation.

3.3 All payments shall be made in the currency specified in the invoice. 3.4 If you fail to make full payment within the relevant period, we shall charge you interest on the amount unpaid at the rate of 4% per annum above Barclays Bank base rate from the date when payment was due until payment is made in full.

4 Collection of the Work and passing of risk

4.1 You must collect the Work from the address specified in the invoice at the agreed date and time, within 28 days of the date of payment, unless it is agreed in writing that:

4.1.1 we should deliver it to you; or

4.1.2 you should make your own arrangements for someone else to collect it for you.

4.2 Risk of loss and damage to the Work shall pass to you on the earlier of: (a) delivery of the Work to you; and (b) payment of the Price shown on the invoice. From the point at which risk passes to you, you are responsible for insuring the Work against all risks, including shipping.

5 Passing of ownership

5.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.

5.2 If you have possession of the Work before full payment has been made, you must:

5.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;

5.2.2 in the case of a Work consisting of more than one item, keep those items together;

5.2.3 keep any identifying marks showing that we own the Work clearly displayed;

5.2.4 store the Work on your premises and at no cost to us, separately from other property;

5.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and

5.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.

6 Export

6.1 If the Work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, it will be your responsibility to obtain the relevant export licence.

6.2 When making arrangements for export of the Work, you must:

6.2.1 comply with all requirements of any relevant tax authorities (including, if applicable, HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and

6.2.2 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.

6.3 When on its sale to you the Work is intended for export, you will be charged for VAT on the Work should it not be exported.

6.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.

6.5 Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for it.

7 Breach by the buyer

7.1 If you fail to pay the Price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the Price in full you fail to comply with the obligations set out in clauses 5 and 6 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:

7.1.1 terminate the Contract, repossess the Work and claim damages for any loss we have suffered; or

7.1.2 at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the Price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.

7.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the Price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily).

7.3 Where we notify you of the exercise of our right to repossession, you will within 7 days of such notice, return the Work to our address (as set out in the invoice) at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).

8 Limitation of our liability

We shall not be liable for loss of profits (whether direct or indirect), loss of business, loss of anticipated savings or for any special, indirect, incidental or consequential loss or damage, if any and to the fullest extent permitted by law, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the Price paid for the Work (excluding any delivery costs and VAT) provided that nothing in this clause 8 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

9 Rescission

We will have the right, but not the obligation, (acting reasonably) to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the Price. The refund of the Price will constitute your sole remedy and recourse against us with respect to such claims.

10 Copyright

The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

11 Notices

Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as set out in the invoice or as notified to us by you as the case may be.

12 Consumer Protection

12.1 This clause applies only where you are deemed to be a consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

12.2 In the event that our Contract is concluded "off- premises" or through distance communication you have the right to cancel the Contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Work. Where the Work consists of more than one item (which are to be delivered separately), such cancellation period will expire after 14 days from acquiring physical possession of the last item (the "Cancellation Period"). To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (by post, fax or email) sent prior to the expiration of the Cancellation Period. You may use the model cancellation form provided. Please see our "Instructions for cancellation of a distance or off-premises contract" document for more information.

13 Law and jurisdiction

13.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.

13.2 The courts of England and Wales will have non- exclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these Terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.