Terms of Use

Updated: April 16, 2013

1. Acceptance of Terms of Use.

These terms of use govern your access to, and use of, this web site located at www.raritetantique.com, the site operated by Raritet Antique Gallery. By accessing, browsing, and using the Site, you accept these Terms of Use, as well as any referenced policy and any modifications to the Terms of Use that may be made from time to time. If you do not agree to the Site Terms, you should not access, browse, or otherwise use the Site. The Site Terms are a binding legal agreement between you and Raritet Antique Gallery. Please read them carefully.

2. Modifications to Terms of Use.

Raritet Antique Gallery reserves the right to modify, alter, or update the terms and conditions contained in these Terms of Use at any time, and you agree to be bound by such modifications, alterations, or updates. Notice of any modification of these terms will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice.

3. Privacy Policies.

Any information submitted on the Site is subject to our Privacy Policy. Please review our Privacy Policy carefully.

4. Shipping and Returns

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you.

5. Restricted Use of Raritet Antique Gallery Materials

All design, text, graphics, interfaces, and the selection and arrangements thereof are the property of Raritet Antique Gallery. ALL RIGHTS RESERVED. Unless otherwise specified, the content on this Site is for your personal and non-commercial use; Raritet Antique Gallery grants you a limited, non-sub-licensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. Any other use of Materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Raritet Antique Gallery is strictly prohibited.

6. Submissions.

The Site may allow you to post reviews or comments concerning Raritet Antique Gallery, and may allow you to send materials to us. We welcome your comments about our Site. However, any unsolicited comments, feedback, notes, messages, ideas, suggestions or other communications sent to our Site shall be and remain the exclusive property of Raritet Antique Gallery. Your submission of any such unsolicited comments shall constitute an assignment to Raritet Antique Gallery of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Raritet Antique Gallery will be entitled to use, reproduce, disclose, publish and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

7. Your Account.

In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s form for your account information and you agree to maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer. You are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You may not transfer or sell your Raritet Antique Gallery account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. For more information about how we treat your Account Information, you should refer to our Privacy Policy. Raritet Antique Gallery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Raritet Antique Gallery’ control.

8. Links.

We may provide links to other Web sites or resources that are beyond our control. We make no representations as to the quality, content, nature, or reliability of sites, which links to may be provided, and you hereby waive any claim you might have against us with respect to such sites. Raritet Antique Gallery is not responsible for the content on the internet or web pages that are contained outside the Site; when leaving this Site you should be aware that our terms and policies no longer govern, and therefore, you should review the terms of use of that site.

9. No Warranties.

This site and the materials contained therein are provided on an “as is” basis; Raritet Antique Gallery makes no representations or warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this site, is at your sole risk. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement as to the information, materials, and are accurate, complete, reliable, current, or error-free content on the site. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the website, and that Raritet Antique Gallery shall not be liable for any damages of any kind related to your use of this website.

10. Limited Liability.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF PROFITS AND LOSS OF DATA, REGARDLESS OF WHETHER THE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION WILL APPLY WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS THEREIN.

11. Resolution of Disputes and Release

In the event a dispute arises between you and Raritet Antique Gallery, please contact Raritet Antique Gallery.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, using the English language, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected by Raritet Antique Gallery. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Texas. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Raritet Antique Gallery agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

12. Age

Raritet Antique Gallery’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Raritet Antique Gallery may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Raritet Antique Gallery’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age.

13. Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Raritet Antique Gallery reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).