Terms of service
OVERVIEW
This website is operated by Cheshire Antiques Consultant Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Cheshire Antiques Consultant Ltd. Cheshire Antiques Consultant Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - DESCRIPTION OF THE WORK, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
All statements by us as to the Work, including its authenticity, attribution, description, date, age, provenance, or condition, constitute a statement of opinion only and not a statement of fact. Statements made by us, whether orally or in writing, do not constitute representations, warranties, or guarantees of any kind, express or implied, other than those which cannot be excluded by law. You have had the opportunity to inspect the Work and this sale is not a sale by description. You acknowledge that provenance listings are not exhaustive and that we shall exercise our discretion when compiling such listings.
We shall on request provide information in our possession about the condition of the Work. However, as we are not professional restorers or conservators, you will rely on your own restorers and/or conservators to assess the condition of the Work. We accept no responsibility for (i) any deterioration of the condition of the Work, however occasioned, after the sale and (ii) the hanging of the Work which shall be at your own risk.
All photographs, advertising and specifications provided by us are issued or published for the sole purpose of giving an appropriate idea of the Work but do not purport to be an exact or complete reproduction.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PAYMENT OF PURCHASE PRICE
You must pay us the Purchase Price for the Work, together with delivery costs, any VAT and any amounts payable to us under Clause below, by bank transfer or such other methods as we may agree, in accordance with the terms of the invoice, within 3 days of the date of the invoice (unless specified otherwise). If the Work is sold within the VAT Margin Scheme, VAT will not be shown on the invoice. Payment is deemed received when funds are credited to our designated bank account.
Online Card or In Person Payments - buyer present or not present will only be accepted up to our floor limit £1999 GBP and item(s) will not be released for 7 working days and must be delivered to the buyers same card registered address. All Item(s) above our floor limit £1999 will need to be settled by bank transfer only. We will email you a proforma invoice with our bank details.
Without prejudice to any other right or remedy we may have, we are entitled to charge interest on late payments (before as well as after judgment) at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or, where that Act does not apply, at the rate of 2% per annum above the Bank of England's base rate.
Unless you buy the Work as a consumer, you are not entitled to withhold payment of any amount payable to us by reason of any dispute or claim by you whether by way of set-off, counterclaim or other deduction. In the event of non-payment or other breach, we shall be entitled to obtain and enforce judgment without determination of any claims by you.
All payments to us must be from a bank account held in the name of the person to whom the invoice is addressed, and the invoice and the identification documents provided pursuant to Clause below must match the identification details of the addressee of the invoice. Where payment of the price is made by someone other than you, we will require documents to confirm their identity and their relationship with you. We may decline such payments at our sole discretion, pursuant to our obligations under the regulations referenced in Clause below. Where you are buying the Work on behalf of someone else, you will disclose that person’s or entity’s identity to us and provide us with their identification documents, as provided in Clause 8 below.
3.5. You acknowledge that it is your sole responsibility to ensure that the Purchase Price is wired to our bank account having checked payment details with us first. We accept no liability for any loss arising from any monies intercepted or not received by us for any reason, including cybercrime.
COMMISSION PAYABLE BY US TO THIRD PARTIES
We reserve the right to pay a commission to any party who has assisted us with the sale of the Work to you or who has introduced you to us.
PASSING OF RISK & DELIVERY
The Work will be delivered to you or made available for collection by you after we have (i) received in full in cleared funds all sums due in respect of the Work and any other amount owed by you to us; and (ii) we confirm that we have completed to our satisfaction all our financial and other due diligence required by applicable regulations.
We will arrange delivery of the Work to you at the address agreed between you and us in writing unless you have agreed to collect the Work from us. You are responsible for all costs of delivery or collection unless we agree otherwise in writing.
Subject to Clause below, you will be responsible for the risk of loss and damage to the Work, and for insuring that risk, when you or your representative(s) take possession of the Work, and you agree that thereafter, you will not hold us responsible for any loss or damage to the Work. Any loss or damage to the Work prior to your taking possession shall be covered by our own insurance, however neither we nor our insurers shall assume any liability for loss of profit, business or revenue or incidental, consequential, or exemplary damages howsoever arising.
If you fail to accept delivery of the Work or to collect it as agreed, we may charge you for the reasonable costs of storage and delivery or re-delivery. Risk of loss and damage to the Work shall nevertheless pass to you on the original date and time agreed for delivery or collection and you irrevocably agree that the Work shall be treated as delivered to you if you fail to arrange re-delivery or collection within (3) days of the original delivery or collection date.
We are not fine art shippers, accordingly we sub-contract shipping and delivery. If we arrange delivery of the Work to you, we do not accept any liability if delivery is delayed due to reasons outside our control. The time of delivery shall not be of the essence. If delivery of the Work is delayed (including but not limited to delays in obtaining an export licence), we shall exercise reasonable endeavours to (i) notify you of the delay, and (ii) to take steps to minimise the impact of such delay, but you acknowledge that we are not responsible for any additional costs, expenses, liability or loss you may incur as result of the delay.
PASSING OF OWNERSHIP
Full legal title to the Work will pass to you once we have (i) received in full in cleared funds all sums due in respect of the Work; and (ii) we confirm that we have completed to our satisfaction all our financial and other due diligence required by applicable regulations.
If you take possession of the Work before full payment of the Purchase Price is received by us in cleared funds, you undertake as our fiduciary agent and bailee to:
keep possession of it, not sell it, export it or hand it over to any other person or dispose of any interest in it and in the case of a Work consisting of more than one item, keep those items together; keep all identifying marks showing that we own the Work clearly displayed and store the Work on your premises and at no cost to us, separately from other property with adequate security measures.
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;
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 and take all reasonable steps to prevent any damage to or deterioration of the Work; and keep the Work comprehensively insured for not less than the Purchase Price, have our interest noted on the policy as an additional named insured and loss payee and provide evidence of the same to us.
EXPORT AND TAXES
If the Work is to be exported from the United Kingdom, whether to a country within the European Union or outside the European Union, as an additional service, we may arrange the export of the Work on your behalf and at your expense and we may make a reasonable additional charge for doing so. Unless agreed otherwise in writing, neither the sale of the Work (whether or not described on the invoice as for export) nor payment of the Purchase Price is conditional upon an export licence being granted.
You must comply without delay with all requirements imposed by the relevant tax authority (that is, any authority imposing, administrating or collecting any tax, duty or levy including HM Revenue and Customs), any export licensing authority and any other official authority, including by obtaining proof of export. This includes, but is not limited to, shipping the Work from the UK within the relevant period if the sale is for export and zero rated for VAT.
You shall indemnify us on demand for and against any claim, interest, expenses (including but not limited to reasonable legal fees), costs, liability, fine, penalty and any other sum claimed from us or payable by us arising from or in connection with your failure to fulfil your obligations under Clause above. If upon its sale to you, the Work is zero-rated for VAT because you have told us that you intend to export it from the UK, you will be charged VAT on the Purchase Price should you fail to export the Work within the three month period prescribed by paragraph 3.5 of VAT Notice 703 (and any future amendments of the same) and provide us with the relevant proof of export within seven (7) days from the date of shipment of the Work.
You will be responsible for any taxes including but not limited to import tax, duty, merchandise, sales or use tax that must be paid in the country of destination whether on shipment or on import or at any other time.
ANTI-MONEY LAUNDERING AND SANCTIONS REGULATIONS
In accordance with applicable anti-money laundering and sanctions legislation, we must verify the identity of buyers. Accordingly, if you are an individual, you agree to provide (i) a copy of your government-issued, valid photo ID (such as a passport, driving licence or national ID card), and (ii) a copy of a recent utility bill, such as gas, electricity, water (but not your mobile phone bill) that is no more than three (3) months old showing your permanent address. If you are a legal entity, you agree to provide (i) a copy of the legal entity’s certificate of incorporation or equivalent formation document, and (ii) identification documents (as described above) of the legal entity’s immediate and ultimate beneficial owner(s). You agree to supply such other information as we may require to meet our obligations under applicable regulations. If you are buying as an agent on behalf of someone else, you agree to provide us with the identification documents and related information of your principal as detailed above. If we sell the Work as agent for the owner, you agree that we may share the information received from you pursuant to this Clause with the owner of the Work solely for the purposes of the owner’s compliance with anti-money laundering and sanctions obligations applying to them.
BUYERS REPRESENTATIONS AND WARRANTIES
You represent and warrant now, and at all times up to and including the completion of the sale, that: you are not, and your principal if you buy as agent is not, subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business, under the laws of the European Union, the laws of England and Wales or the laws and regulations of the United States (the “Restrictive Measures”), you (and your principal if any) are not owned, partly owned or controlled by person(s) subject to such Restrictive Measures, and the Work will not be transferred to or used by or for the benefit of any person(s) subject to Restrictive Measures.
The funds to be used for the purchase of the Work are not connected with nor have any link to nor are derived from any criminal activity, including without limitation tax evasion, money laundering or terrorist activities, and you are to the best of your knowledge neither under investigation, nor have you been charged with or convicted of without limitation, tax evasion, money laundering, terrorist activities or other criminal activities. There is no civil, criminal, arbitration, administrative or other proceeding or investigation actual and pending against you, which would in any way seek to prevent, enjoin, alter or delay any transaction contemplated by this Agreement. None of your representations or warranties in these Terms contains nor, as of the date on which the sale contemplated in this Agreement is completed, will contain, any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained herein not misleading; anD you agree to provide such information as we shall require enabling us to satisfy our regulatory and legal obligations and warrant that information about you, your principal (if any), and if appropriate, the source of the purchase funds is accurate, complete and not misleading.
9.7. We shall rely on your representations and warranties, and your representations and warranties are a condition of your agreement with us.
BREACH OF CONTRACT
If (i) you fail to pay the Purchase Price in full in accordance with Clause above; or (ii) we agree with you a payment by instalments and you fail to pay any one or more instalments in accordance with Clause 3.1 above; or (iii) prior to you paying the Purchase Price in full you fail to comply with the obligations set out in Clause 7 and/or 8 above; or (iv) you otherwise do or fail to do anything which may in any way imperil our ownership of the Work (or our principal’s ownership if we sell as agent) or the Work itself, we are entitled (without prejudice to any other rights and remedies at law) to any of the following remedies:
Terminate the contract for sale, repossess the Work and claim damages for any loss suffered. Charge you interest on the amount unpaid at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or where that Act does not apply at the rate of 2% per annum above the Bank of England's base rate from the date when payment was due until payment is made in full, retain any sums paid by you for our own account or that of our principal if we sell as agent. Mitigate our or our principal’s loss by selling the Work on such terms as we may reasonably consider appropriate and to claim the balance from you; and/or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) and as your sole and exclusive right and remedy we shall, following the safe return of the Work, refund to you any part of the Purchase Price you have paid, after deduction of any sums due to us or our principal including but not limited to costs of recovery and restoration of the Work. Where you are buying from us as a consumer, we will notify you and give you a reasonable time to remedy the position before we take any action set out in this Clause.
We shall also have the right to repossess the Work and cancel the sale if, before you make full payment of the Purchase Price to us: (i) proceedings are commenced in the UK or elsewhere involving your solvency; or (ii) we reasonably believe that you are insolvent or about to become insolvent or we have reasonable doubt as to your capacity to pay the Purchase Price in full. If either (i) or (ii) occurs, then we may, at our option, immediately repossess the Work and/or cancel the sale by written notice to you whereupon, without prejudice to any other rights and remedies available to us, you will return the Work to our designated address (at your sole risk and cost), or, at our option, we may enter the premises where the Work is kept to regain possession. Nothing herein shall limit any other rights available to us pursuant to applicable law.
10.9. You shall indemnify us on demand for and against any claim, interest, expenses (including but not limited to reasonable legal fees), costs, fine, penalty and any other liability incurred by us arising from or in connection with any breach by you of these Terms.
EXCLUSION AND LIMITATION OF LIABILITY
Any claim against us in relation to the Work must be brought within a period of 30 days from the date of delivery for the Work. We shall not accept any claim after these periods.
Neither you nor us shall be liable for loss of profits, business, revenue (whether direct or indirect) or indirect or consequential loss or damage, if any, which either you or we suffer in connection with the Work howsoever arising including negligence. We do not accept any liability (i) arising from any changes in expert opinion after the sale; and/or (ii) for any act or omission by the owner of the Work if we sell the Work as agent.
Any liability to you for breach of our obligations whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid for the Work provided that nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence or that of any of our agents; and/or (ii) fraud or fraudulent misrepresentation; and/or (iii) our wilful default.
RESCISSION
We shall have the right, but not the obligation, to rescind a sale on notice to you, where an adverse claim that reasonably appears to us to have merit 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 under this Clause , you will promptly return the Work to us and we will then refund the Purchase Price paid to you. The refund of the Purchase Price will constitute your sole remedy and recourse against us with respect to rescission under this Clause 12.
INTELLECTURAL PROPERTY RIGHTS
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. For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to you. During the period in which the Work is protected by copyright, the copyright remains with the artist (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 or do any other act restricted by copyright. If you require such rights, you should contact the copyright owner.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cheshire Antiques Consultant LTD , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cheshire Antiques Consultant LTD and our parent, subsidiaries Cheshire Fine Art, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - SMS/MMS Terms and Conditions
SMS/MMS Mobile Message Marketing Program Terms and Conditions
Cheshire Antiques Consultant Ltd (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Cheshire Antiques Consultant Ltd via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at cheshireantiquesconsultant@gmail.com
