PURPOSE AND SCOPE
Harborviewantiques.com (“the Site” or “HCOM” as the case may be) facilitates the display and sale of fine antiques, period 20th century merchandise and high quality accessories over the Internet. The website provides a forum for third party sellers (“Exhibitors” or “Sellers”) to display and sell such merchandise to customers worldwide
Both retail and professional users may register on the Site. However, you (“Buyer” or “Client” as the case may be) are hereby notified and advised that the items shown are not new or in perfect condition. The information provided about the merchandise may be incorrect, estimated or limited. It is customary and usual for buyers to seek further information about desired items from the Exhibitor, HCOM or Harbor View Center for Antiques (“HVCA”), who in turn, will employ ‘best efforts’ to verify the information presented on the Site. Notwithstanding said ‘best efforts’, HCOM, HVCA, Exhibitors their agents, employees or representatives cannot and shall not make any affirmative representations whatsoever with respect to any item shown on the Site.
HARBOR VIEW CENTER FOR ANTIQUES, LTD
Harbor View Center for Antiques, LTD is wholly separate corporate entity from ROW and cooperates in the operation of the Site. As or February 2010, HVCA purchased from ROW the showroom located at 101 Jefferson Street, Stamford, CT 06902. Either ROW or HVCA, as the case may be, may conduct sales and otherwise perform administrative functions relative to Exhibitors’ or Buyer’s participation on the website.
YOU AGREE TO COMPLY WITH APPLICABLE LAW
By using the Site, you agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses. HCOM, in its sole discretion, may terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason ROW CORP. Harborviewantiques.com (the “Site”) is wholly owned and operated by ROW CORP (“ROW” or “Us”). Except as specifically described herein, ROW solely acts an intermediary between Exhibitor and the public, and as such, ROW makes no guarantees or warranties with respect to Exhibitor’s merchandise.
By accepting the Registration Terms, the user (“you”) hereby authorize ROW or HVCA to contact you via electronic email (“email”) with various promotional and marketing materials, including but not limited to: weekly preview items, promotional items, wish list items, price changes, special offers and dealer announcements. These Registration Terms notwithstanding, you may at any time, choose to discontinue acceptance of said emails.
By registering, you acknowledge and permit ROW to maintain the information you provided. ROW does not sell, share, trade or give away said data. Until further notice, only ROW and HVCA (with ROW’s express written permission) may utilize your information for email transmissions, invoices, approvals, holds, shipping and otherwise to facilitate reasonable and necessary administrative functions. Notwithstanding anything herein to the contrary, ROW shall comply with requests for information pursuant to any valid subpoena, court order, legal process or discovery request. ROW may also collect data relative to cookies or browser information to facilitate the proper functioning of the Site. Said information shall also be assignable in the event ROW tra nsfers its assets to another entity or otherwise sells its business.
Should you decide to purchase an item directly from this Site, the transaction shall be directly between you and the Exhibitor, with ROW governing the terms of said sale. In any such sale, you are advised to confirm that ROW terms prevail, as the Exhibitor, without specific knowledge may otherwise elect to consider any such sale as independent of this Site or ROW. In such an instance, your transaction will be subject to Exhibitor’s policies exclusively and ROW will not have standing to intervene, assist or otherwise offer ‘best efforts’ protections as explained below.
Should you present to HVCA and purchase an item shown on both this Site and the premises of HVCA, the presumption shall be that you elect HVCA to govern the terms of any purchase. You may elect to have ROW terms prevail. ROW hereby endorses the good business practices of HVCA.
All items shown on the Site are sold “AS IS”. Neither ROW, Exhibitor or HVCA makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, provenance, designer or creator, exhibitions, historical relevance or otherwise.
BEST-EFFORTS TO ENSURE SATISFACTION
ROW, on a commercially feasible ‘best-efforts’ basis shall attempt, notwithstanding paragraph 3, to ensure that the written description relative to individual merchandise shall be correct. Said efforts may include, but not be limited, to inspecting items located at HVCA, vetting virtual dealers and reviewing each submission presentation. However, users acknowledge that it is impossible for ROW, HVCA or Exhibitors to ensure the accuracy of each item presented herein.
SIX (6) MONTH RETURN POLICY FOR MATERIAL DEFECTS
In the event you purchase an item that is thereafter found to ‘materially’ depart from its written description, ROW will intervene on your behalf on a ‘best efforts’ basis to bring about a resolution, provided, however that you notify us within six (6) months of receipt of said item (emphasis added) and further provided that said item/s were sold pursuant to a ROW invoice or otherwise written in accordance with ROW policy.
All ROW Exhibitors have signed an agreement allowing ROW to mediate such disputes, provided that the transaction is a validly signed transaction to which Exhibitor has paid ROW an administration fee.
THREE (3) DAY APPROVAL/RETURN POLICY FOR ITEMS PURCHASED EXCLUSIVELY THROUGH THE SITE
In acknowledgement of the additional challenge of authenticating items exclusively shown via the Site, all items purchased via the Site and memorialized on its invoice, shall be accorded a three-day (3) approval period. During the approval period, you may return said item for any reason provided that you return it in the same condition you received it at the time of sale. For items that have been received via delivery or shipping, you may return said items provided, however, that you provide insurance for the retail value and return them item via the same delivery terms, class and packaging quality as it was received. You will be solely liable for any damage to items damaged in shipping.
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