1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) 2020 Eat Sleep Antiques Limited.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter, item updates or your item watch list in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine or directory indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Buyer registration and accounts
6.1 This Section 6 applies to buyers and prospective buyers.
6.2 To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age.
6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7. Seller registration and accounts
7.1 This Section 7 applies to sellers and prospective sellers.
7.2 To be eligible for a dealer account on our website under this Section 7, you must be operating a business and:
(a) if you are a sole trader, you must be at least 18 years of age and resident in the United Kingdom;
(b) if you are a partnership, you must be established under the laws of the United Kingdom; and
(c) if you are a limited company or other limited liability entity, you must be incorporated in the United Kingdom.
7.3 To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age and resident in the United Kingdom.
7.4 You may register for a dealer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7.5 You must keep your seller account information up to date.
8. User login details
8.1 If you register for an account with our website, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 19; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Seller stores
9.1 If you register with our website as a seller, you will be able to create your own store on the website.
9.2 To create a store on our website, you should take the following steps: (1) Log into your dealer account (2) Go into your dealer dashboard (3) Complete all of your information in the 'My Dealer Profile' area (4) Your online shop will be automatically created. You can then list your first item for sale.
9.3 Subject to the other provisions of these terms and conditions, we reserve the right to suspend, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.
9.4 Your seller store will remain published on our website for the time that your subscription payments are up to date for, subject to these terms and conditions.
9.5 The main parameters that determine the relative prominence of stores when stores are showcased are random selection.
10. Seller listings
10.1 If you register with our website as a seller, you will be able to submit listings to the website.
10.2 To create a listing on our website, you should take the following steps: (1) Log into your account (2) Navigate to your dealer dashboard (3) In the 'My Items and Listings' section, select 'List a new item for sale' .
10.3 Listings that are submitted will be automatically processed within 24 hours following submission.
10.4 Subject to the other provisions of these terms and conditions, we reserve the right to suspend, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
10.5 If we permit the publication of a listing, it will remain published on our website for for the time that your subscription payments are up to date for, subject to these terms and conditions.
10.6 All listings submitted to our website must be true, fair, complete and accurate in all respects.
10.7 Listings submitted to our website must constitute bona fide listings relating to antique, vintage, collectable or retro items. No new items are permitted to be listed on this website.
10.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
10.9 You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.
10.10 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.
10.11 The main parameters that determine the relative prominence of listings when users search for listings or browse the listings categories on our website are as follows:
(a) in relation to listing searches, the extent to which the relevant title and description matches the relevant search terms; and
(b) in relation to listing category browsing, the filters applied by the user.
11. Product rules
11.1 The only products that may be the subject of a listing on our website are products falling within the following categories: antique, vintage, collectable or retro items. No new items are permitted to be listed on this website.
11.2 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.
11.3 You must not advertise, buy, sell or supply through our website any product that:
(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 19; or
(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene or sexually explicit materials; or items that encourage or facilitate the infringement of any intellectual property right. If you are in any doubt, please contact us for advice.
12. Data
12.1 You may, if you have a dealer account on our website, during the term of a contract under these terms and conditions, access the following categories of information provided or generated by you or other users in the course of using our marketplace services: any data you have inputted during the term of your valid membership with us, and then only if the data is still being stored by us at the time of the data access request. You may access such information by contacting us using the following form: https://eatsleepantiques.com/index.php?p=contact .
12.2 We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.
12.3 We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:
(a) where necessary for the proper functioning of our website;
(b) in the case of non-personal data, for the proper functioning of our website and marketing purposes; and
(c) in the case of personal data, in accordance with our privacy policy.
12.4 You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services.
13. The buying and selling process
13.1 To enquire about purchasing any item listed on this site, you are able to contact the dealer directly by;(a) Sending the dealer a message via the 'email dealer' buttons on the website(b) Calling the dealer using the number shown on the item page or the dealer profile pageEat Sleep Antiques Limited are not involved in any sales or transactions and do not process any sales or transactions. All transactions are directly between the dealer and the buyer.
14. Dispute Resolution
If a dispute arises between buyer and a seller, we recommend the following steps:1. Discuss the issue with the buyer/seller and clearly explain why you are unhappy with the transaction. More often than not, a simple conversation can resolve any dispute.2. If you are unable to reach an agreement and have exhausted all conversation, you may contact us for help in mediation with the dispute.Eat Sleep Antiques will try to help resolve the dispute in good faith based on these terms and conditions, but are not under any obligation to do so. By using this website, you absolve Eat Sleep Antiques Limited from any claims or compensation arising from disputes between yourself and another user.
15. Marketplace fees
15.1 Marketplace sellers must pay to us monthly subscription fees in respect of the use of a dealer account. Subscription fees will be dependant on the seller package chosen.
15.2 In respect of fees payable to us by sellers:
(a) the fees will be as specified on our website, and
(b) the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.
15.3 No commission is payable by sellers on this site
15.4 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
15.5 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
16. Payments
16.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
16.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
16.3 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
17. Our role
17.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or purchase of products advertised on the website;
(d) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers;
(e) we are not the agents for any buyer or seller,
and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
17.2 The provisions of this Section 17 are subject to Section 23.1.
18. Our rights to use your content
18.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
18.3 You grant to us the right to sub-license the rights licensed under Section 18.2.
18.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.
18.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
18.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
18.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
19. Rules about your content
19.1 You warrant and represent that your content will comply with these terms and conditions.
19.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
19.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) be in contempt of any court or in breach of any court order;
(g) be in breach of racial or religious hatred or discrimination legislation;
(h) be in breach of official secrets legislation;
(i) be in breach of any contractual obligation owed to any person;
(j) be pornographic or sexually explicit;
(k) be untrue, false, inaccurate or misleading; or
(l) constitute spam.
19.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
19.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
19.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
20. Report abuse
20.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
20.2 You can let us know about any such material or activity by contacting us via this page:https://eatsleepantiques.com/index.php?p=contact.
21. Suspension and restriction of services
21.1 If we decide to suspend and/or restrict your dealer account on our website:
(a) we will provide to you contemporaneous or prior written notice of the suspension and/or restriction;
(b) alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and
(c) if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.
21.2 Subject to the other provisions of this Section 21, if we decide to suspend and/or restrict your account on our website, we may do so at any time in our sole discretion with or without notice to you.
21.3 Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).
22. Limited warranties
22.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
22.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
23. Limitations and exclusions of liability
23.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law
23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:
(a) are subject to Section 23.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
23.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
23.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
23.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
23.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
23.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
24. Indemnity
24.1 You hereby indemnify us, and undertake to keep us indemnified, against:
(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;
(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase facilitated through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.
25. Termination
25.1 We may terminate a contract under these terms and conditions at any time in our sole discretion with or without notice to you, except as specified in this Section 25.
25.2 You may terminate a contract under these terms and conditions at any time using your account control panel on our website.
25.3 If you have a dealer account on our website, we may terminate the agreement under these terms and conditions in the following, but not limited to, circumstances:
(a) you breach these terms and conditions or act inconsistently with the spirit of these terms and conditions;
(b) you breach any applicable laws, infringe the legal rights of any person or create legal liabilities for us or any other person, in each case in relation to your use of our website;
(c) you abuse our systems, our users or our personnel;
(d) you are or become insolvent, bankrupt or unable to pay your debts as they fall due;
(e) you do not respond within 30 days, substantively and reasonably, to communications that we send to you via our website soliciting a response;
(f) you do not log into our website during a period exceeding 90 days;
(g) we decide to cease publishing our website or providing our services; or
(h) we decide to make fundamental changes to our services.
25.4 If:
(a) we terminate a contract under these terms and conditions;
(b) as a result of such termination, you lose access to any of our services with respect to which you have paid us in cleared funds; and
(c) you have not breached a contract under these terms and conditions and we do not have any other specific ground or grounds for terminating as set out in these terms and conditions,
then we will refund to you a pro rata amount of your payment(s), such amount to be calculated by us using any reasonable methodology. You will not be entitled to any refund except as set out in this Section 25.4.
26. Third party websites
26.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
26.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
27. Trade marks
27.1 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
28. Variation
28.1 We may revise these terms and conditions from time to time.
28.2 Variation of website document: Registered and unregistered users (non-dealer accounts):The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
28.3 If you have a dealer account on our website:
(a) we will notify you in writing of any proposed changes to these terms and conditions;
(b) the date upon which the proposed changes will take effect will be specified in our notice to you, but will not be before the expiry of a period of 15 days following the date that we give you the notice; and
(c) you will have the right to terminate a contract under these terms and conditions by giving to us written notice of termination before the expiry of the period specified above, in which case a contract under these terms and conditions will terminate upon the expiry of that period,
but, notwithstanding the foregoing, we may vary these terms and conditions by giving to you written notice of variation if we are subject to a legal or regulatory obligation which requires us to change these terms and conditions in a manner that does not allow us to respect the notice period referred to above, or if we have exceptionally to change these terms and conditions to address an unforeseen and imminent danger related to defending our websites or our users from fraud, malware, spam, data breaches or other cybersecurity risks.
29. Assignment
29.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
29.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
30. Severability
30.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
30.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
31. Third party rights
31.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
31.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
32. Entire agreement
32.1 Subject to Section 23.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
33. Law and jurisdiction
33.1 These terms and conditions shall be governed by and construed in accordance with English law.
33.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
34. Our details
34.1 This website is owned and operated by Eat Sleep Antiques Limited. 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ. United Kingdom.
34.2 We are registered in England and Wales under registration number 13023298, and our registered office is at Eat Sleep Antiques Limited. 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ. United Kingdom.
34.3 Our principal place of business is at Eat Sleep Antiques Limited. 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ. United Kingdom.
34.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form: https://eatsleepantiques.com/pages/contact_us.html
(c) by email, using the following email address: report@eatsleepantiques.com.
