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SALES
All sales are subject to this policy in addition to our Terms of Service.
You will receive an Order Confirmation email as soon as you have placed an order. Please retain this email as we may ask you for information from it in any correspondence. If you do not receive this email please contact info@antiquitysoftware.com so that we can investigate and confirm whether your order has been placed successfully.
Prices are as set out on the website and include VAT unless otherwise shown. Where item prices exclude VAT, it will be added in your shopping basket at the current rate, where applicable. We reserve the right to alter prices at any time.
While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens.
SHIPPING
Due to the many variables in calculating shipping costs, e.g. size, weight, value, fragility, domestic and international deliveries, by air or sea etc., the price of items shown excludes shipping unless expressly stated in the item description.
Where items are to be exported from the United Kingdom, you 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 items and for the payment of any duties therein. If the sale is zero rated or not subject to Value Added Tax due to the export of items, you shall take all necessary steps to export the items within the time limits and in accordance with the requirements of HM Customs and Excise and shall notify HM Customs and Excise of the export.
RETURNS
Our returns policy lasts 7 days for sales to customers in the EU. If 7 days have passed by since your purchase or you are not in the EU, then unfortunately we cannot automatically offer you a refund or exchange - if this is the case please contact us by email info@antiquitysoftware.com so we can consider your request.
Terms and Conditions of
Sale for “Billiard Room Ltd”
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").
Purpose and effect
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.
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.
Statements about the Work
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.
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.
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.
Payment of purchase price
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.
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.
All payments shall be made
in the currency specified in the invoice.
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 Barclay's Bank base rate from the date
when payment was due until payment is made in full.
Collection of the Work and passing of risk
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:
we should
deliver it to you; or
you should
make your own arrangements for someone else to collect it for you.
Risk of loss and damage to
the Work shall pass to you on the time and date agreed for collection or
delivery of the Work. From the point at which risk passes to you, you are
responsible for insuring the Work against all risks, including during
collection or transit.
Passing of ownership
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.
If you have possession of
the Work before full payment has been made, you must:
keep
possession of it, not sell it or hand it over to any other person or dispose of
any interest in it;
in the case
of a Work consisting of more than one item, keep those items together;
keep any
identifying marks showing that we own the Work clearly displayed;
store the
Work on your premises and at no cost to us, separately from other property;
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
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.
Export
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.
When making arrangements for export of the Work, you must: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
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.
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.
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.
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.
Breach by the buyer
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:
terminate
the Contract, repossess the Work and claim damages for any loss we have
suffered; or
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.
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).
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).
Limitation
of our liability
We shall not be liable for business losses (including loss of profits,
loss of business or loss of anticipated savings) which you may suffer in
connection with buying the Work. Any liability to you for losses you suffer
arising from the Contract or purchase of the Work shall be limited to the Price
paid for the Work (excluding any delivery costs and VAT) and is strictly
limited to losses that were reasonably foreseeable. Losses are foreseeable
where they could be contemplated by you and us at the time the Contract is
formed. 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; (b)
fraud; or (c) for any other liability that may not, under English law, be
limited or excluded.
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.
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.
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.
Consumer Protection
The right of cancellation
under this clause apply only where you are deemed to be a consumer for the
purposes of the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013. The right of cancellation does not apply if the Work
consists of goods that have been made, altered, modified or personalised to
your specifications, for example, in relation to billiard tables if the
traditional green cloth is changed to another colour or, in relation to lamps,
if the colour of the shades is changed or if the lamp is extended or shortened
to fit a particular ceiling height or is modified to suit the voltage requirements of the country to which the lamp is to be
exported.
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 nominated 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 but it is not obligatory.
(a) In cases where the right of cancellation
applies or in any case where we mutually agree that you may return or exchange
the work. you must return the Work to us by hand, or specialist antique courier
to the address as set out on the invoice at your own cost within 14 days after
the day of notifying us of the cancellation.
(b) The Work must be returned to us in the same
condition in which you receive it (which does not interfere with your right to
take any reasonable steps to examine the Work). You have a legal obligation to
take reasonable care of the Work whilst it is in your possession. If you fail
to comply with this obligation, we may make a deduction from the reimbursement
you are entitled to for loss in value of the Work.
(c) If you wish to return or exchange a product
you must within 14 days of the date of delivery. Inform Billiard Room Ltd
within 14 days of delivery of your
intention to do so either by exercising the right of cancellation (if
applicable) or otherwise by seeking our agreement.
(d) The product you wish to return must be in a
saleable condition in its original, undamaged packaging and we will consider
the condition of the product being returned when making a refund. (This does
not affect your statutory rights in the event of faulty goods).
(e) You are liable for returning the goods and
the costs associated with returning the goods to us in resaleable condition.
(f) Please note due to the specialist nature of
billiard table supply and installation we must insist on professional
dismantling of any table purchased within the United Kingdom by our staff or an
agent approved by us. All dismantling, packing, loading and return
transportation costs will be borne by you.
(g) In regard to billiard tables that that have
been supplied to an address outside of the UK you must use the services of a professional dismantler
to be approved by us in advance (such approval not to be unreasonably withheld
or delayed) . Subject to such prior approval, the table may be dismantled and
packed and all costs incurred including
professional shipping, transport and insurance in transporting the table back
to us will be borne by you.
(h) We cannot accept the return of goods made to
your specification; bespoke items are exempt from returns. In relation to a
change of cloth colour on any billiard or snooker table that has been requested
by you where we agree to accept a return we reserve the right to return it to
the traditional green colour cloth at your cost.
(i) We will reimburse to you all payments
received from you, including any costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
We will make the reimbursement
without undue delay, and not later than:
(a) 14 days after the day we receive back from you the Work, or
(b) (if earlier) 14 days after the day you provide evidence that
you have returned the Work, or
(c) if the Work was never supplied, 14 days after
the day on which we agree to cancel the Contract.
We will make the
reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement. Unless we are collecting
the Work pursuant to this section 12, we may withhold reimbursement until we
have received the Work back or you have supplied evidence of having sent back
the Work, whichever is the earliest.
Details of the consumer
rights described above, and an explanation of how to exercise them, are
provided on the LAPADA website:
www.lapada.org/what-is-lapada/consumer-protection. Nothing in this section
affects your legal rights.
Law and jurisdiction
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.
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.