Jaspers’ Antiques Terms & Conditions

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Revised 22nd of July  2024

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1. Acceptance of Terms

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This website is owned and operated by Jaspers’ Antiques. Jaspers’ Antiques permits access to and use of this website, services and products subject to the terms and conditions in this Terms and Conditions (TC). Jaspers’ Antiques may, at its discretion, update the TC at any time. You can access and review the most current version of the TC at www.jaspersantiques.com.

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You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the website, services and products under the laws of your country of residence or any other applicable jurisdiction. Individuals under the age of eighteen, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian and otherwise subject to these TC.

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2. Privacy Policy

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In addition to the TC, the Jaspers’ Antiques Privacy Policy governs your access to and use of the website, services and products. You can access and review the most current version of the Privacy Policy at www.jaspersantiques.com.

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3. Grant of Rights

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Jaspers’ Antiques grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view materials within the website, services and products.

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4. Provided Information

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All information on the website, services and products is conducted honourably and conscientiously. No rights can be derived from the provided information on the website, services and products or from the accompanying Certificate of Authenticity (COA).

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5. Registration and Viewing

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(a) You may browse the website, services and products without registering, but some features may not be accessible unless you register. In registering for the website, services and products, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form on the website; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. (iii) Jaspers’ Antiques always has the right to suspend or terminate your account, without statement of reason.

(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Jaspers’ Antiques immediately of any unauthorized use of your account or password or any other similar breach of security.

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6. Copyright and Intellectual Property

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You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the website, services and products, will remain intellectual property of Jaspers’ Antiques.

Example: The use of any pictures/photographs for re-sale purposes is not allowed.

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7. Suggestions

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If you elect to provide or make available to Jaspers’ Antiques any suggestions, comments, ideas, improvements or other feedback, Jaspers’ Antiques shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

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8. Re-Selling conditions

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You are free to re-sell any products purchased from Jaspers’ Antiques. You agree that Jaspers’ Antiques is not liable for any appraisal, damages or loss of any kind during this re-selling process. Nor can any rights be derived from information provided at the website, services and products or the COA.

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9. Links and External Materials

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You are allowed to publish links to the website, services and products at third party platforms. Jaspers’ Antiques is not responsible for any violations of the Terms and Conditions of the third party.

10. Modifications to the Service

Jaspers’ Antiques reserves the right at any time to modify or discontinue the website and services (or any portion thereof) with or without notice, and Jaspers’ Antiques shall not be liable to you for any such modification or discontinuance.

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11. Indemnification

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You shall indemnify, defend and hold Jaspers’ Antiques and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Jaspers’ Antiques Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) violation of the TC or any law or regulation; or (b) violation of any rights of another party.

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12. Disclaimer of Warranties

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(a) YOUR USE OF THE WEBSITE, SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES AND PRODUCTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JASPERS’ ANTIQUES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

(b) THE JASPERS’ ANTIQUES PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE WEBSITE, SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE, SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE WEBSITE, SERVICES AND PRODUCTS WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

(c) ALL CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SERVICES AND PRODUCTS IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.

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13. Limitation of Liability

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(a) YOU ACKNOWLEDGE AND AGREE THAT THE JASPERS’ ANTIQUES PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE JASPERS’ ANTIQUES PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

(b) EU LAWS STATE THAT THE BUYER HAS 14 DAYS THINKING TIME AFTER ARRIVAL OF THE PURCHASED SERVICE OR PRODUCT. DURING THIS TIME THE BUYER HAS THE RIGHT TO RETURN THE PURCHASED SERVICE OR PRODUCT. THE COSTS ASSOCIATED WITH THE RETURN (SHIPMENT) WILL BE BORNE BY THE BUYER. THE BUYER WILL BE REIMBURSED AFTER THE SERVICE OR PRODUCT HAS BEEN RETURNED AND INSPECTED. IN THE CASE THAT A PRODUCT IS DAMAGED OR LOST DURING THE RETURN PROCESS JASPERS’ ANTIQUES HAS THE RIGHT TO MAKE AN APPRAISAL OF THE DAMAGED OR LOST PRODUCT AND RE-IMBURSE ACCORDINGLY.

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14. Legal Action or Termination

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In case you violate the TC, Jaspers’ Antiques has the right to take legal actions against you or terminate all your rights granted under the TC, with or without notice to you.

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15. Governing Law

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The TC shall be governed by and construed and enforced in accordance with the laws of the Netherland and/or the EU, without regard to conflict of laws principles.

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16. Jurisdiction and Venue

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Any dispute, and all claims (as defined in the TC) shall be brought in the national courts residing in the Netherlands or the international court of the EU. Both parties submit to venue and jurisdiction in these courts and waive any objection on the grounds of Venue, Forum Non-Convenience or any similar grounds with respect to any such claim. The Parties agree that all claims (as defined in the TC) shall be adjudicated only on an individual basis not in a class, consolidated or representative action or similar process.

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17. Legal Compliance

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You represent and warrant that you are not: (a) located outside the EU; archaeological items cannot leave the EU without an export license. Exporting outside the EU without license is considered an economic crime. Due to increasing delays and difficulties in acquiring this license Jaspers’ Antiques does not export to locations outside the EU. Jaspers’ Antiques is not liable for any violations of applicable laws after the service or product is delivered to you (b) located in a country that is subject to a EU, NATO or United Nations embargo, or designated by the EU, NATO or United Nations as a “terrorist supporting” country; and (c) listed on any EU, NATO or United Nations list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.

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18. No Third-Party Beneficiaries

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You agree that, except as otherwise expressly provided in the TC, there shall be no third-party beneficiaries to the TC.

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19. General Provisions

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The TC constitutes the entire agreement between you and Jaspers’ Antiques concerning your access to and use of the website, services and products. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Jaspers’ Antiques with respect to such subject matter. The TC may not be amended by you except in a writing executed by you and an authorized representative of Jaspers’ Antiques. You may not assign or delegate any right or obligation under the TC without the prior written consent of Jaspers’ Antiques. The failure of Jaspers’ Antiques to exercise or enforce any right or provision of the TC shall not constitute a waiver of such right or provision. If any provision of this TC is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TC. Any prevention of or delay in performance by Jaspers’ Antiques hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

 

 ©2024 Jaspers’ Antiques