Last Updated: March 2019
Whether you are a Vendor or a Customer, all use of our website www.auburyinteriors.co.uk including all services, media and data available on it, (“Site”) is governed by these Terms and Conditions (“Site Terms”) and the following related policies:
To make it easier for you to navigate these Site Terms, we have set them out in four sections:
PART A: INTRODUCTION
PART B: PROVISIONS SPECIFIC FOR VENDORS
PART C: PROVISIONS SPECIFIC FOR CUSTOMERS
PART D: GENERAL
As you can see, some of the terms apply only to Vendors (Part B) or Customers (Part C), and not both. This will be clearly signposted to you, but please be careful to read the terms which apply to you.
PART A: INTRODUCTION
1. ACCEPTANCE OF SITE TERMS
By visiting this Site, whether as a Vendor or a Customer, and whether or not you become a registered user of the Site or not, you agree to be bound by, and abide by the Site Terms. If you do not agree with these Site Terms, then you must immediately stop using the Site.
We reserve the right to change the Site Terms by posting the new version to this page or by notifying you of such change via email. You can review the current version of the Site Terms which apply to your use of the Site at any time on this page.
2. INFORMATION ABOUT US
We are Aubury Interiors, a company incorporated in England and Wales with our registered address at Unit 5, Meadowfield, Ponteland, Newcastle upon Tyne NE20 9SD (“Aubury Interiors”, “we”, “our” or “us”). Our VAT number is 889 069262.
You can contact us anytime by emailing firstname.lastname@example.org
3. HOW OUR SITE WORKS?
We provide an online platform on which sellers (“Vendors”) can create listings to sell certain goods such as pre-owned furniture including antique items, second-hand designer items, used high-end modern items, ex-display designer items, stylish vintage items and other items listed at Aubury Interiors discretion (“Goods”) to purchasing users of the Site (“Customers”).
All transactions which occur on the Site for the purchase of Goods are between a Vendor and a Customer. You acknowledge that Aubury Interiors does not sell or purchase Goods and is not directly involved in or otherwise an agent or party to any transaction that may take place between a Vendor and a Customer.
While our only obligation to you is to make the Site available to you in accordance with these Site Terms, we may from time to time and in our sole discretion agree to provide intermediary services to facilitate communication between Customers and Vendors in relation to a transaction between a Customer and a Vendor. Where we do so, we accept no liability on behalf of either Vendors or Customers, at all times apply to any contract for sale between Vendors and Customers.
PART B: PROVISIONS SPECIFIC TO VENDORS
Please log into your seller account to view the provisions specific to Vendors.
PART C: PROVISIONS SPECIFIC TO CUSTOMERS
NOTE: The clauses of this Part C only apply to users who are acting as a Customer.
8. OBLIGATIONS OF THE CUSTOMER
Customers agree not to use the Site for any illegal or unauthorised purposes.
We do not conduct background checks on the Vendors or oversee their business activities. We also have no control over the quality, safety, morality, legality or insurance position of any Goods offered for sale via the Site or the accuracy and completeness of any statements, recommendations or instructions contained in the listings. As such, we do not make any warranties or representations in relation to the Goods listed by a Vendor or the activities of a Vendor in relation to the provision of Goods via the Site. In particular, we do not warrant or represent that Goods are of suitable condition or comply with any representations made in the relevant listing, or that the Vendor has the right to provide the Goods to a Customer. The Customer acknowledges and agrees that it is his/her sole responsibility to check, confirm and satisfy him/herself as to the accuracy of any information provided by the Vendor.
We disclaim all liability in this regard.
Customers acknowledge that by purchasing Goods on the Site, they are doing so from the Vendor and the Terms of Sale shall apply to the contract Customers enter into with the Vendor. If a Customer has a question, comment or complaint in relation to a Vendor or the Goods purchased from a Vendor (including, for example, cancellation and refund requests, late delivery and defects in the Goods), the Customer may contact Aubury Interiors who will contact the Vendor directly on the Customer’s behalf. We are not responsible for any failures by the Vendor to resolve any issues reported to us.
While we are not responsible for refunds and returns, we do require Vendors to comply with relevant consumer protection laws and regulations, and consequently, Customers who are consumers (this excludes our business customers) are entitled to cancel any order for Goods, as set out in the Terms of Sale.
9. LIMITATION OF OUR LIABILITY TO CUSTOMER
Due to the nature of the Goods listed for sale on the Site which are mostly unique items, it is possible that Vendors may be advertising their Goods elsewhere. Goods are therefore subject to availability and Vinterior shall not be liable for any Goods listed on the Site which are no longer available.
If we fail to comply with these Site Terms, we are responsible for loss or damage a Customer suffers that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and the Customer knew it might happen.
If a Customer uses the Site for any commercial, business or re-sale purpose we hereby exclude our liability to the fullest extent permitted by law and we will have no liability to the Customer for any loss of profit, loss of business, business interruption, loss or damage to data or loss of business opportunity.
Aubury Interiors shall not be responsible for or liable for any acts or omissions of any third party providers (including Payment Providers providers) or in respect of any User Content.
Nothing in these Site Terms shall exclude our liability to Customers for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
PART D: GENERAL
To use our Site, you must first register for an account and provide all requested information. You acknowledge that Aubury Interiors shall use the email address you provide as the primary method of communication. You agree to not give false or misleading information in your account details and to keep this information up to date at all times. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Site Terms. In the case of an individual, you hereby warrant that you are 18 years of age or older. You must not create more than one account on the Site.
You may be required to set up and maintain an account with our Payment Providers in order to utilise the Site (“Payment Account”). Set-up and use of the Payment Account shall be governed by the terms and conditions of the relevant Payment Provider. You agree not to disclose your account details to any other person and to protect your account details and password from unauthorised use. You will be responsible for any use of our Site with your account details and for the security of any computer where you choose to sign in to your account on the Site.
We reserve the right to refuse to register or to delete your account on the Site if you have previously had an account deactivated by us due to your breach of these Site Terms (or earlier versions thereof).
11. ACCESS TO THE SITE
We will make reasonable efforts to ensure (but we do not warrant that) the Site is operational 24 hours a day, 7 days a week. Notwithstanding this, we do not guarantee that the Site, or any content or services available on it, will always be available or be uninterrupted. Where any proposed suspension or withdrawal is due to maintenance services, we will try to give you reasonable notice.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Site without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Site Terms.
12. USE OF THE SITE
The Site is provided for your general information and use only. We do not warrant that the Site or any services or information accessed by you via the Site will meet your particular requirements and you agree that it is your responsibility to assure yourself the of the same.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
13. USER CONTENT – CONTENT STANDARDS
Whenever you make use of a feature that allows you to upload, post or otherwise transmit content to the Site, or to make contact with other users of the Site, (“User Content”) you must comply with these Site Terms. For the avoidance of doubt, User Content shall include all text, photographs, videos, audio or other content and material which Vendors post in their listings, which Customers upload to complement their account profile, and which both Customer and Vendors transmit in any public forum or any private message feature of the Site. You warrant that all your User Content will comply with the Acceptable Use Policy in place from time to time.
We reserve the right to monitor, censor and review User Content, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, User Content has not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
We have the right to remove, edit or decline to display any User Content or listing from the Site without notice, or to require you to amend the User Content, if, in our sole discretion, such User Content does not comply with these Site Terms or removal or editing is otherwise desirable for business or operational reasons. You are solely responsible for backing up your User Content. We also have the right to disclose your identity to any third party who is claiming that your User Content infringes their rights, including their intellectual property rights or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
Any User Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sub-license) to use, store, copy, adapt, make available to the public, translate, distribute and otherwise exploit such User Content (in whole or in part) for the purpose of operating, improving and promoting the Site and related services. You represent and warrant that, in respect of all User Content uploaded by you, you own or otherwise have all necessary consents to do so and to meet your obligations under these Site Terms.
14. INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Site anywhere in the world belong to us or our licensors and that you have no rights in or to the Site other than the right to use each of them in accordance with the terms of these Site Terms.
15. NO WARRANTIES
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Site are excluded to the fullest extent permitted by law.
You acknowledge and agree that, unless you are a Consumer, you will defend, hold harmless and indemnify us against any claim, loss or damage that we may suffer as a result of your use of the Site or your breach of these Site Terms (including posting of User Content which contravenes the Acceptable Use Policy).
You may terminate your account at any time, for any reason, by contacting us at email@example.com from the email address linked to your account and asking us to deactivate your account.
We may terminate and delete your account and the provision of any services and access to the Site:
- (a) at any time and for any reason, upon providing you with 5 days’ notice;
- (b) immediately without notice in the event you commit a breach of these Site Terms; or
- (c) in the event the Site is discontinued, we lose the right to provide you with the Site, or where the provision of the Site becomes unlawful. In such event, we will endeavour to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.
Upon termination, you must cease all use of the Site. You acknowledge that you will lose all right to access your User Content. Any amounts owed to us for the use of Site and related services shall become immediately due and payable in full. You will receive one final invoice for all outstanding payments.
18. OTHER IMPORTANT TERMS
Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights under these Site Terms, without our prior written consent.
Waiver: A waiver of any right or remedy under these Site Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Site Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Site Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance: If any provision or part-provision of these Site Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Site Terms.
Relationship: Nothing in these Site Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.
Third Party Rights: No one other than a party to these Site Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These Site Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Site Terms or any document referred to herein.
Complaints: If you are not happy with how we have handled any complaint, you may submit a complaint to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.
Governing Law/ Jurisdiction: These Site Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.