Terms and Conditions for Website Use
Dreweatts 1759 Ltd ((“Dreweatts”, “we” or “us”),
Registered in England: 10758982
Address: Donnington Priory Oxford Road, Donnington, Newbury, Berkshire RG14 2JE, England
Tel: + 44 (0) 1635 553 553
Fax: + 44 (0) 1635 553 599
If you wish to contact us please use the details above.
Please understand that reporting a concern about Website content does not guarantee that it will be removed from the Website.
ACCESS TO THE WEBSITE
- Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- All materials on the Website and all intellectual property rights in the Website are owned, licensed to and/or controlled by Dreweatts and its licensors. All material on the Website is protected by copyright. Permission is granted only to electronically copy and/or print in hard copy portions of the Website for personal, non-commercial purposes. Any other use of the materials on the Website (including but not limited to making such material available on any other website, online service, social networking site or networked computer environment) is strictly prohibited unless otherwise expressly agreed by us.
- The Website may include links to other websites. We do not endorse or approve and have no responsibility for the content of any website to which the Website links including but not limited to any advertising, marketing, promotions, products or services available from such websites, nor for any loss caused by the use of or reliance on the content of such external websites.
- No authority is given (expressly or implied) by us to deep link to or to frame any of the content that appears on the Website or to use any representation of any of the trade marks, service marks, trade names, branding or logos that appear on the Website. Linking to the Website is prohibited.
- Although Dreweatts has taken reasonable care and precautions in compiling the Website, we do not make any representations or warranties of any kind (expressly or implied) with respect to the content or operation of the Website and any such representations and warranties are excluded by this notice. We do not warrant that use of the Website will be uninterrupted or error free.
- Your use of the Website and the materials contained in it is entirely at your own risk. Dreweatts does not accept any liability for losses or damages, whether direct or indirect, that you may suffer as a result of your use of the Website or your reliance on the content of the Website including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise.
- The Website is made available on the basis that all liability whatsoever for any loss or damage arising out of or in connection with your use of the Website, or reliance on the content of the Website, is excluded by us to the fullest extent permitted by law.
- Any typographical, clerical or other error or omission in any page posted on the Website shall be subject to correction or deletion (as appropriate) without any liability on our part. We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. The information on the Website is based on sources believed to be reliable; however, no assurances are provided to the user that the information is accurate and complete.
COMPLIANCE WITH APPLICABLE LAWS
- You agree not to use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all applicable laws. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You will not upload or transmit through the Website any material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety. You will not use the Website in any manner that violates or infringes the rights of any person or company (including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy). You accept that breach of any of these obligations may result in us terminating your access to the Website.
USER NAMES AND PASSWORDS
- If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We may from time to time provide interactive services on the Website, including, without limitation, online auctions and other buying or selling facilities (together the “Interactive Services”). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our Interactive Services by a person under the age of 18 years old is not permitted.
SELLER AND BUYER POLICIES
21. If you are a seller you must comply with our Conditions of Sale including our Terms of Consignment for Sellers and any applicable product-specific notices which form part of our Auction Terms and Conditions. Please be aware that our Online Auction Terms and Conditions are different from the Terms and Conditions printed in our catalogues which are intended to apply to persons selling items at an auction in one of our salerooms.
22. If you are a bidder or a buyer at one of our online auctions (whether that auction is a ‘virtual’ auction only held online or whether you are participating online through our Website in an auction taking place in one of our salerooms) you must familiarise yourself with and accept our Conditions of Sale, Important (?) Notices, Information for Buyers at Online Auctions (including any applicable product-specific notices, for example relating to watches, jewellery and clocks), which form part of our Online Auction Terms and Conditions. Please be aware that our Online Auction Terms and Conditions are different from the Terms and Conditions printed in our catalogues which are intended to apply to persons bidding at an auction in one of our salerooms.
23. As a buyer, when purchasing any item on or through this Website or any Service you agree that:
(i) You are a registered user and you have bid for and bought the item in accordance with our registered user terms and our Auction Terms and Conditions;
(ii) You will have first read the complete item listing including the full description (if available) and the related terms of sale;
(iii) You enter into a legally binding contract to purchase an item when you commit to buy an item or, in the case of an auction or similar bidding process, when you are awarded the winning bid on an item and we have sent you a confirmatory email; and
(iv) If we believe, in our sole discretion, that an error has been made in the pricing of an item, that transaction is not binding on you or the seller unless and until the seller delivers the item to you as the buyer (whether or not you may have already paid for the item).
24. You will not bid on any item with the intention of artificially increasing the price or desirability of the item (so-called ‘shill bidding’) or otherwise manipulate the price of an item nor assist, solicit or encourage any such activity.
CONTRIBUTIONS TO THE WEBSITE
25. These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it.
(i) be accurate (where they state facts);
(ii) be genuinely held (where they state opinions); and
(iii) comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) infringe any copyright, database right or trade mark of any other person;
(vii) be likely to deceive any person;
(viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(ix) promote any illegal activity;
(x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
(xiii) give the impression that they emanate from us, if this is not the case.
26. Without prejudice to your responsibilities to comply with the above content standards, you hereby assign (including by way of present assignment of future rights) all rights, title and interest, including all intellectual property rights, in and to all Contributions to Dreweatts absolutely and you hereby grant to Dreweatts all consents, rights, and waivers as may be necessary or desirable for Dreweatts to use, apply and exploit your Contributions in any manner and by any means and to the fullest extent permitted by law.
LIMITATION OF LIABILITY
28. Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with your use of the Website or the use of or reliance upon any of its content.
29. Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Website or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.
31. The Website is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Website content is appropriate or available for use at any other location outside the United Kingdom, and access to the Website from territories where the contents or products or services available through the Website are illegal is prohibited. If you access the Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.
34. Should any dispute arise which is not be resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http:ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers’ complaints handled by these providers.
These terms and conditions were last updated on 1st April 2018 and replace all previous terms and conditions.