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Terms & Conditions

Please read these terms carefully as they affect your rights and obligations in relation to this website.

World Class Antiques Is a Marketplace

World Class Antiques ("WCA") is a marketplace run by SOTINET Inc. that is made available at www.worldclassantiques.com. WCA allows users to buy, sell, list and bid on antiques made available for sale by other users. WCA does not exercise control over listings posted by users (except where the items are listed as being sold by WCA, in which case WCA is running the marketplace and selling the item) and is not directly involved in transactions between users. As a marketplace, WCA cannot effect the transfer of legal title from seller to buyer.

This agreement is between you and SOTINET Inc., an Ontario corporation ("WCA" or "we"/"us").

Who Can Use the Site?

You may use WCA’s marketplace so long as you are at least 18 years of age and abide by the terms of this agreement.

Fees

WCA charges listing fees and collects a percentage of the final sale price of every item. The current fees are displayed at http://www.worldclassantiques.com/help/fees.aspx. All fees and prices are in US dollars. Fees are not refundable.

Seller Obligations

If you are a seller then you must:

  • Have a PayPal account (the only method of receiving payment supported by WCA)
  • Accurately describe the quality, details and condition of all listed items
  • Be able to, for all items listed, transfer legal title to a buyer
  • Deliver items that buyers purchase (unless there are exceptional circumstances [e.g. fraud])
  • Communicate with the buyer if you have a concern
  • Keep passwords secure and report unauthorized use immediately
  • Respond promptly to inquiries from buyers

As a seller you must not:

  • Mislead anyone about the age or authenticity of antiques
  • Transfer customer information to third parties
  • List counterfeit items
  • List hazardous goods
  • Sell goods in a manner that contravenes Canadian international sanctions
  • Create multiple accounts
  • Upload images, video or text that you do not have the right to use

Buyer Obligations

If you are a buyer then you must:

  • Pay for items you purchase (unless there are exceptional circumstances [e.g. fraud])
  • Communicate with the seller if you have concerns
  • Communicate with the seller if you have concerns
  • Carefully read the descriptions of items before purchasing them
  • Respond promptly to messages from sellers

As a buyer you must not:

  • Provide misleading or inaccurate feedback/reviews
  • Create multiple accounts

Responsibility for Taxes

You are responsible for your own sales taxes, VAT, duties and income taxes.

Responsibility for Shipping Costs

Sellers are responsible for their own shipping costs (including packaging, postage, insurance, returns, etc.).

License to Use Provided Content

WCA’s website allows users to provide information about listings such as descriptions, photos, etc. In order to legally run the marketplace a license to use the content provided must be granted by WCA users (note that WCA does not claim ownership over your copyrighted material).

By submitting any content (e.g. text, images, videos, etc.) you grant to WCA a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, sub-licensable, assignable (without notice) right to use, modify, display, store and transform (by re-encoding or otherwise) all provided content. You further agree to waive any moral rights you may have in the content and promise not to assert any rights you may have in connection with the content against WCA.

Termination of Accounts for Violations

If WCA determines that you have breached this agreement then your account may be deleted and you will not be permitted to use the marketplace. If your account is terminated then any fees that you have paid or owe shall not be refunded.

Terms Attaching to Other Services

WCA provides other services for a fee (such as photography and web design) and these may be subject to further terms and conditions.

No Control Over Listings and Sales

WCA marketplace listings are created by users and therefore the following are beyond the control of WCA (unless a listing was created by WCA and is clearly displayed as being sold by WCA [i.e. sold through the WCA seller account]):

  • Prices
  • Listing accuracy
  • Whether a buyer/seller will complete a transaction related to a listing
  • Seller/buyer information (including their name, address, etc.)
  • The legality of a sale or authenticity of an antique (or other items)
  • Shipping costs and delivery condition
  • Insurance (including disputes with insurers)

Accuracy of Website Information Not Guaranteed

In addition to the marketplace, WCA offers related services at no cost to users of its website. We do not guarantee the accuracy of directory listings, store pages, trip planner directions, appraisals, reviews/feedbacks/ratings or contact leads.

Some directory listings (i.e. Managed Premium Directory Listings) may be created in part by WCA staff based on content supplied by sellers/stores. WCA does not guarantee the accuracy of this information.

No Warranty

Although WCA strives to maintain high uptime we cannot guarantee that the website will always be available and as a consequence, it may not always be possible to buy or place a bid on an item.

You agree that the WCA marketplace is offered without warranty (whether express, implied or statutory) or condition (i.e. on an "as is" and "as available" basis).

If WCA is the seller of an item then that item is sold as-is unless further warranties are provided for in the listing description.

Limitation of Liability

If you commence an action against WCA and we are found liable then any such liability shall be limited to the greater of the total fees paid by you over the preceding 24 months or $100.

Indemnity

If we are sued by a third party in relation to your action, inaction or listings then you agree to indemnify us against any judgments, costs awards and legal fees.

Non-Agency

You understand and agree that WCA is not your agent and that the WCA is not an auctioneer acting on your behalf.

Amendment of Terms

These terms may be amended by WCA upon thirty days notice. You may not amend these terms.

Severance

If a provision of this agreement is held to be unenforceable then that provision shall be modified to reflect the parties’ intention, and if such modification is not possible then that provision shall be severed and the rest of the agreement shall remain in force.

Survival

In the event that this agreement is terminated then [LIST SECTIONS THAT SURVIVE TERMINATION].

Non-Waiver

If WCA fails to act on a breach of this agreement then such breach shall not be considered acquiescence.

Choice of Law and Forum

Any disputes shall be heard in Toronto, Canada and the law of Ontario shall apply.

Notice Address

All legal notices must be sent to 1 Yonge Street, Suite 1801, Toronto, Ontario, Canada, M5E 1W7.

Entire Agreement

This is the entire agreement between you and WCA. This agreement supersedes any other understanding or representations.

Version 1.0 - December 2014

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