TERMS AND CONDITIONS OF SALE
of Mallett & Son (Antiques) Limited (“the Seller”)
1.1 These terms and conditions relate to the sale and purchase of the antiques and/or works of art (in either case “the goods”) which the Seller is to supply to the Customer. These terms and conditions set out all the terms of the contract between the Customer and Seller unless otherwise confirmed by the Seller in writing. Clause 15 contains limitations of the seller’s liability.
1.2 Any concession or latitude allowed by the Seller to the Customer at any time should not affect the Seller’s rights or release the Customer from any liability.
1.3 By using Our Website in any way, or by buying from us, you agree to be bound by these Terms and Conditions.
2. Seller’s Warranty
2.1 The Seller warrants to the Customer that he is the exclusive legal and beneficial owner of the goods or that he is the authorised agent of such exclusive legal and beneficial owner.
3. Basis of the Sale
3.1 These conditions shall apply to the contract and govern the contract to the exclusion of any other terms and conditions which the customer may purport to apply under any purchase order, confirmation of order or similar document.
3.2 All orders for goods shall be deemed to be an offer by the customer to purchase goods pursuant to these conditions.
3.3 No variation to these conditions shall be binding unless agreed in writing by the seller.
3.4 The Seller’s employees and agents are not authorised to make any representations concerning the goods unless confirmed by the Seller in writing and the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed by the Seller.
3.5 Any typographical, clerical or other error or omission in any quotation, price list, catalogue, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4.1 No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of the cancellation.
4.2 Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order. At any time before your order is despatched, we may decline to supply the order to you without giving any reason.
4.3 If we are unable to dispatch your order due to international restrictions on transport, we will offer you alternatives. If this happens you may: accept the alternatives we offer; or cancel all or part of your order.
5. Price of the Goods
5.1 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, all prices are given by the Seller on the basis of delivery to the Customer at the Seller’s premises and, where the Seller agrees to deliver the goods otherwise than at the Seller’s premises, the Customer shall be liable to pay the Seller’s charges for transport, packaging and insurance (“transport costs”).
5.2 Prices shown on the Site are in GBP or Euros and when applicable are inclusive of VAT at the applicable rate unless otherwise stated.
5.3 The GBP, Euros or USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
6. Payment for the Goods
6.1 The Customer shall pay the price of the goods together with any applicable value added tax and transport costs prior to delivery unless otherwise agreed in writing. Where the Seller does agree to accept payment after delivery payment in full must be received in cleared funds within 30 days of the invoice date. The time of payment shall be of the essence of the contract. Receipts for payment will be issued only upon request.
6.2 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to;
6.2.1 cancel the contract or suspend any further deliveries to the Customer;
6.2.2 and charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent. per annum above Coutts & Co bank’s base rate from time to time (“the Rate”), or where the Late Payment of Commercial Debts (Interest) Act 1998 applies at the greater of the Rate and the rate currently provided for by that Act until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).
6.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
6.4 If you are a customer whose credit/debit card is not denominated in Sterling, Euros or USD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
6.5 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
6.6 We reserve the right to alter the delivery charge from the rate quoted at the time of checkout and we will notify you in writing of this change.
6.7 Where import duties and local taxes will be applicable on delivery we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
6.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
7. Export terms
7.1 Where the goods are to be exported from the United Kingdom, the provisions of this paragraph 6 shall (subject to any special terms agreed in writing between the Customer and the Seller) apply notwithstanding any other provision of these Conditions.
7.2 The Customer shall be responsible for complying with any legislation or regulations governing the export from the United Kingdom or the importation into the country of destination of the goods and for the payment of any duties thereon.
8. Security of your credit card
8.1 We take reasonable care to make Our Website safe for you to use.
8.2 All transactions on this website are processed using Wirecard, a secure online payment gateway that encrypts your card details in a secure host environment. We accept Visa, MasterCard, Maestro, American Express, Diners, JCB and China Union Pay cards.
8.3 To help ensure that your shopping experience is safe, simple and secure, Mallett uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
8.4 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process transactions which you have initiated.
9. Consumer Protection: Cancellation And Exclusions
9.1 This applies if and only if, you are a citizen of the European Union, and you purchased your order as a Consumer.
9.1.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
9.1.2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
9.1.3 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue. You may cancel your order at any time before we have despatched the order. If you do, we will refund to you the price of the order and any delivery charge.
9.1.4 After we have despatched the order, you may cancel your order provided that you notify us within seven days of receipt and return the order to us within fourteen days. If you do, we will refund to you the price of the order.
9.1.5 If you cancel your order after we have despatched the Goods, you must return them to us in the same condition in which you received them. You are responsible for the cost of returning them. We are not obliged to refund to you your cost of re-packing and returning the Goods.
9.1.6 To assist us in identifying your Goods on receipt by us, we ask you to telephone +44 (0) 207 499 7411 for a returns reference. If you fail to return the goods within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
9.1.7 We will refund your money within 14 days of receipt by us of the returned Goods.
10.1 Delivery of the goods shall be made to the Customer at the Seller’s premises in London (even where the Seller arranges for shipping on the Customer’s behalf) at any time after the Seller has notified the Customer that the goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller itself delivering the goods to that place.
10.2 Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence. The goods may be delivered by the Seller in advance of the quoted delivery rate upon giving reasonable notice to the Customer.
10.3 Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
10.4 If the Seller fails to deliver the goods for any reason other than any cause beyond the Seller’s reasonable control or the Customer’s fault and the Seller is accordingly liable to the Customer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Customer, (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
10.5 If the Customer fails to take delivery of the goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
10.5.1 Store the goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
10.5.2 Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
10.6 Orders are sent at our risk until signed for by you or by any other person at the address you have given to us.
10.7 Our shipping costs listed online are provided by our partner Associated Air and offer a basic shipping rate for kerbside delivery, exclusive of local taxes and charges.
10.8 All orders must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the order may be retained by the driver.
10.9 When your order arrives it is important that you check immediately the condition. If your purchase has been damaged in transit, you should contact us so that we may minimise your inconvenience. Signing "Unchecked", "Not Checked" or similar is not acceptable.
10.10 In the cases of items which are especially large, heavy or fragile, delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
10.10.1 In these circumstances, we may advise crating your purchase before shipping. Crates are individually made to suit the size of your object which increases the cost significantly.
10.10.2 The shipping estimate will be recalculated and we will advise you of the cost. You can either accept this cost or will be entitled to a full refund for your order if you wish to cancel it.
10.10.3 We are unable to calculate the cost of crating online because it is bespoke.
10.10.4 If crating is the only way we would recommend to ship an item we reserve the right to refuse to send it by courier, in order to protect the works of art.
10.11 We are happy for you to collect your purchased items from our showrooms provided you make an appointment in advance and payment has been received into our bank.
10.11.1 If you pick up your purchased items from our premises then your purchase will be at your risk from the moment they are picked up by you or your Carrier from our premises.
11. Foreign taxes and duties
11.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. US state tax will be applied at point of purchase if you reside in the US. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country. We will arrange a CITES license for restricted goods when applicable.
12. Risk and Property
12.1 Risk of damage to or loss of the goods shall pass to the Customer;
12.1.1 In the case of goods to be delivered at the Seller’s premises, at the time of delivery or when the Seller notifies the Customer that the goods are available for collection, whichever shall be applicable; or
12.1.2 In the case of goods to be delivered by the Seller otherwise than at the Seller’s premises, at the time of delivery or, if the customer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods.
12.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Customer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other sums which are or which become due to the Seller from the Customer on any account.
12.3 Until such time as the property in the goods passes to the Customer the Customer shall;
12.3.1 hold the goods as the Seller’s fiduciary agent and bailee;
12.3.2 store the goods (at no cost to the Seller) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Seller’s property;
12.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
12.3.4 maintain the goods in satisfactory condition insured on the Seller’s behalf for their full price against all risks.
12.4 Until such time as the property in the goods passes to the Customer; the Seller shall be entitled at any time to require the Customer to deliver up the goods to the Seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are and repossess the goods.
13. Goods returned
13.1 In the event that you return any items to us for any reason, agreements must be receieved from the Seller to you, the Customer, before the item is returned.
14. Limitation of the Seller’s Liability
14.1 Subject as expressly provided in these Conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.2 Subject to clause 14.7 below:
14.2.1 The Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to £1,000,000; and
14.2.2 The Seller shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
14.3 Any representation or statement by the Seller as to the authorship, origin, date, age medium, attribution, genuineness, provenance or condition is a statement of opinion only based on the generally accepted opinion of scholars and experts current at or about the time of sale.
14.4 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described therein. Such publications do not form part of the agreement between the parties.
14.5 All goods are sold with all faults and imperfections and the Customer should satisfy himself by inspection as to their condition and otherwise and rely on his own judgement.
14.6 The Customer acknowledges that it is unreasonable that the Seller should be subjected to liability for an unlimited period of time and the Customer and Seller therefore agree that all liability of the Seller to the Customer and all rights of the Customer against the Seller in relation to the goods however arising and of whatever nature except where the Seller has acted fraudulently, will cease after the expiry of six years from the date of the invoice for the goods.
14.7 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
15.1 Conditions, warranties or other terms implied by the law of any county other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
16.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, at any time and without advance notice.
15.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
15.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
15.5 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
16. Your account with us
16.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the order.
16.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
16.2.1 You agree to accept responsibility for all activities that occur under your account or password.
16.2.2 You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
17.1 You must not: modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
17.1.1 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
17.1.2 download any part of Our Website, without our express written consent;
17.1.3 collect or use any product listings, descriptions, or prices;
17.1.4 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
17.1.5 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;
17.1.6 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
17.1.7 use Our Website to hack into the computer of any other person or make contact with any other computer;
17.1.8 make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
17.1.9 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
17.1.10 upload or republish any part of our Content on any Internet, intranet or extranet site; share with a third party any login credentials to Our Website;
17.1.11 use on Our Website software which assists in: data mining, extraction or collection;
17.1.12 emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
17.1.13 framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques;
17.1.14 performing any automated operation.
17.2 Despite the above terms, we now grant a licence to you to: create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission.
17.2.1 This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner.
17.2.2 You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.2.3 You may copy the text of any page for your personal use in connection with the purpose of Our Website.
18. Intellectual Property
18.1 We will defend the intellectual property rights in connection with Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
18.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
18.2.1 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
18.3 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.
18.4 You may not store electronically any significant portion of any Content.
19. System Security
19.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
19.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
19.3 You may not use any software tool for the purpose of extracting data from our website.
19.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
20.1 No waiver by the Seller of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
20.2 The contract between the parties is not assignable by the Customer.
20.3 No amendment or variation to these Terms and Conditions is valid unless in writing, signed by each of the parties or his authorised representative. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
20.4 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.5 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
20.6 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
20.7 The contract shall be governed by the laws of England and the Buyer hereby submits to the non-exclusive jurisdiction of the English Courts.