Terms of Trading (Continued)

Marmadukes Antiques Terms and Conditions of Sale (Continued)

• 8 Our Liability

• 8.1 We warrant to you that any of the Goods purchased from this website are of the highest quality and reasonably fit for all the purposes for which the Goods of that kind are commonly supplied. We state in all candour and request that you make reasonable margins of allowance for age and the fact that you are purchasing antiques.

• 8.2 Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.

• 8.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.

• 8.4 We are not responsible for indirect losses.

• 9 International Orders

• 9.1 If you order Goods from this website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

• 9.2 If you order Goods for delivery outside the UK, you are advised to take out standard liability insurance.

• 9.3 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

• 10 Written Communications

• 10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be electronic. We will contact you by E mail or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

• 11 Notices

• 11.1 All notices given by you to us must be sent by E mail to antiques@marmadukes.freeserve.co.uk. If we give notices to you, we will write to you at either the E mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an E mail is sent, or three days after the date of posting any letter.

• 12 Transfer of Rights and Obligations

• 12.1 You may not transfer or sub-contract the Contract, or any of your rights or obligations arising under it, without our prior written consent.

• 12.2 We reserve the right to transfer, assign or sub-contract the Contract, or any of our rights and obligations arising under it, at any time during the term of the Contract.

• 13 Force Majeure

• 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure event).

• 13.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use all reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure event.

• 14 Intellectual Property and Website Material

• 14.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in Marmadukes and our licensors.

• 14.2 All rights reserved. You are permitted to use the website material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal use only and that you may (if necessary to make a purchase) download such material and content to your computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited.

• 15 Waiver

• 15.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

• 16 Our Right to vary these Terms and Conditions

• 16.1 We have the right to revise and amend these terms and conditions from time to time.

• 16.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

• 17 Law and Jurisdiction

• 17.1 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy, howsoever arising, will be determined exclusively by the Court of England and Wales.

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