CastleAntiques.net and its related sites, services, applications, and tools (each and collectively, the “Site”) are owned and operated by Castle Antiques, Inc. (“CAI,” “Us” or “We”). These terms and conditions (“Terms”) govern your (“Buyer”) use of the Site and your conduct on the Site.
We may modify these Terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to this Site. We encourage you to check the Site frequently to see the current Terms in effect and any changes that may have been made. By using the Site following any modifications to the Terms you agree to be bound by the modifications.
Any inquiries concerning these Terms should be directed to us at the address below.
2. Consent to Processing; International Use
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States or at the location of our service providers. We do not represent that materials on the Site are appropriate or available for use in locations outside the United States. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Buyers agree to comply with all applicable laws, rules and regulations in connection with their use of the Site. The Site may be used only for lawful purposes and in a lawful manner. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside as well as the restrictions on import or export of Items from the Seller’s country to your country.
3. Operation of the Site and the Role of Castle Antiques, Inc.
The Site provides an online marketplace for appropriately qualified items.
The provisions of the Commercial Agents Directive (86/653/EC) as implemented in any European jurisdiction (for example, in the UK via the Commercial Agents Regulations 1993) are expressly excluded from these Terms and our agreement. By using the Site, Buyers select and purchase goods marketed byCAI, solely of their own initiative, placing orders via the Site.
We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
4. Eligibility to Use the Site
You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs and the Buyer represents having such experience.
5. Site Use Termination
CAI expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of CAI, for any reason or no reason at all, and without prior notice.
6. Registration and Account Access
Registration may be required in order to use the Site.
Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.
Buyers may cancel their registration and account at any time. For your security, requests to terminate accounts MUST originate from the registered email account at CAI addressed to email@example.com. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.
7. Item description, pricing and availability; Site unavailability
Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. CAI has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will we be held liable for any damages due to such interruptions or lack of availability.
Because some of the Items displayed on the Site are unique, all Items displayed on the Site are offered for sale strictly subject to availability.
The Buyer is aware that unless otherwise stated, the Items are not new nor in perfect condition and may require touch-up or repairs prior to use and that the available information about these Items may be limited. The Site is designed to provide the Buyer access to Items as we present them.
8. The Sale Process
In the event(s) of an error by us the seller as to availability of the Item as to acceptance of the Buyer’s offer or counter-offer, or any other error on CAI part with respect to a Sale Confirmation or the operation of the Site, we reserve the right in our sole and absolute discretion to rescind that Sale Confirmation without penalty to any party.
Once we CAI and you the Buyer agree on the terms of the sale of an Item, a binding contract between you the Buyer and us the Seller with respect to the sale and purchase of that Item is created.
9. Payment for Products Purchased
The Buyer hereby irrevocably authorizes CAI upon Sale Confirmation to charge the Buyer’s credit card or other payment methods for an amount equal to the Total Purchase Price In case additional charges come along such shipping, packing & etc.
If for any reason after receipt of the Sale Confirmation, Buyer cancels a payment made by credit card or any other means or the Buyer otherwise fails to make any payment(s) with respect to the Total Purchase Price, Buyer shall remain liable to the full Total Purchase Price and any costs related to the sale of the Item including but not limited to taxes, storage and handling fees if applicable and any costs incurred by CAI associated with collecting any amount including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to the preceding sentence and in addition to any other remedies at law or equity, in the event of Buyer default, CAI reserves the right, at its election, to retain any and all payments paid by Buyer prior to Buyer default with respect to the Item and to cancel the sale of the Item without any further obligation to Buyer. The Buyer acknowledges and agrees that damages to CAI in the event of Buyer Default will be difficult or impossible to prove and that the paid amount is reasonable compensation to CAI for damages suffered and constitutes liquidated damages and not a penalty.
10. Right of Cancellation
Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to a Buyer, unless one of the exceptions below applies, such a Buyer has the right to cancel its order without giving reason within 14 days from the day on which that Buyer or a third party indicated by the Buyer receives an Item. The Buyer must inform CAI of its decision to cancel the order in writing within this period. Reimbursement may be withheld until the CAI has received the Items back from the Buyer. The Buyer must send back the Items following the instructions of the CAI. The Buyer will bear the cost of returning the Items to the CAI. The Buyer may lose this right if the value of the Items returned diminishes due to the handling of the Items. The right of cancellation does not apply to: (a) the supply of Items made to the Buyer’s specifications; (b) the supply of Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed with other items.
11. Sales are “As-Is”
All Items displayed on the Site are sold “AS IS”. CAI does not 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, importance,provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. CAI makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
12. Outside of the US Buying and Selling; Translation
Many of CAI Services are accessible to Buyers outside of the US. CAI may offer certain programs, tools, and site experiences of particular interest to those Buyers, such as estimated local currency conversion and international shipping calculation tools. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
Buyers authorize CAI to use automated tools to translate the Buyers’ Site content and communications, in whole or in part, into local languages where such translation solutions are available. CAI may provide Buyers with tools which will enable the Buyers to translate content upon request. The accuracy and availability of any translation are not guaranteed and CAI is not liable in any way to the Buyer for any loss suffered where the automated tools are used.
13. Expert Review
If the Buyer is purchasing an Item based partially or entirely on its stated provenance, designer or creator, the Buyer may at its option and at its own cost arrange CAI to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert is at the Buyer’s own risk and cost prior to the purchase.
14. Taxes and Import/Export Duties
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, “Taxes”). The Buyer shall pay such Taxes as the we are required to collect, but failure of CAI to collect the Taxes will not relieve the Buyer’s obligation. It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United States or any other country.
15. Transfer of Title/Risk of Loss
In the case of Buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon CAI delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from CAI. In the case of CAI arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item. CAI represents that we are the sole owner of each Item offered for sale on the Site or that we are duly authorized by the owner of the Item to sell the Item and that we will transfer ownership of the Item to the Buyer free from any claims by third parties.
Buyer-arranged shipping. Buyer is in every instance free to arrange Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents. Buyer may also ask CAI to arrange for shipping of Items on Buyer’s behalf which may be subject to pre-advertised shipping prices.
Seller-arranged shipping. Buyer may elect to have CAI arrange for crating, packaging, shipping and freight insurance. Upon Buyer’s request CAI shall provide shipping information including the name of the freight carrier, the complete cost of shipment from CAI to Buyer’s designated receiving address, the cost of any duty or other charges to be paid by Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by Seller for crating or packaging the Items for shipment. Buyer shall prepay all shipment costs for CAI-arranged shipping.
17. Refusal of Transaction
CAI reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. CAI may refuse service to anyone at any time in its sole discretion. CAI will not be liable to any Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
18. Copyright Infringement. Notice and Take Down Procedures.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:Copyright Agent: 11924 Vose St. North Hollywood, CA 91605 USA
If you become aware that material appears on this site in violation of a copyright please notify us by email at firstname.lastname@example.org.
19. Modification to Site; Monitoring
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, orall, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Site Monitoring. CAI reserves the right, but accepts no obligation, to monitor any activity and content on the Site. CAI may investigate any reported violations of applicable law, rule or regulation applicable to Buyers or transactions on the Site and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site. CAI may also investigate the use of a credit card by a Buyer and take such action as CAI deems appropriate, including but not limited to canceling any offer placed by such Buyer.
20. Prohibited Site Use; Security Rules and User Submitted Content
Prohibited Conduct. The Site may be used only for lawful purposes only. CAI specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
(i). Using a payment mechanism which is incomplete, false, inaccurate or not your own;
(ii) Impersonating another person; or lie about your affiliation with another person or entity in your User Content;
(iii) Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
(iv) Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or
(vi) Attempting to interfere in any way with the Site’s or CAI’S networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
(i) Accessing data not intended for you or logging into a server or account which you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mail bombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(vi) provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
21. Proprietary Rights
As between you and CAI, (or other company whose marks appear on the Site), CAI (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by CAI. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of CASTLEANTIQUES.NET, Inc. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Images created or produced or modified by CAI. All images created or produced or modified by CAI are the sole property of CAI. CAI may use any such image to promote the Site or for any other purpose at any time without restriction.
22. Links to Third Party Sites
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to thatsite’s administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
All Site users agree to defend, indemnify and hold CASTLEANTIQUES.NET., its directors, officers, employees, agents, vendors, partners, contractors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale if Items, the nature or quality of items, their disputes with any Seller in connection with use of the Site, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Site, including, but not limited to, any third party claim that any information or materials such Site user provides infringes any third party proprietary right. All Site users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of these Terms and your use of the Site.
24. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CAI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY ITEMS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE OR ANY SELLER, INCLUDING WITHOUT LIMITATION:
(a) any representation or warranty that the Site meets the Buyer’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error or that defects will be corrected;
(b) any representation or warranty with respect to title to or delivery of any Item;
(c) any representation or warranty with respect to intellectual property rights in any Item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the Buyer’s computer monitor;
(e) any representation or warranty regarding the character, reputation or business practices of CAI.
(f) any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; or
(g) any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose.
No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty by CAI not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You expressly agree to release CAI, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You further waive your rights under Section 1542 of the California Civil Code, and any similar law of any applicable jurisdiction, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree that no joint venture, partnership, employment, or other agency relationship exists between you and CAI as a result of these Terms or your use of the Site.
26. Limitation of Liability
IN NO EVENT SHALL CAI, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF CAI OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CAI TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CAI, INC. OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF CAI.
27. Arbitration; Waiver of Jury Trial and Class Action; Applicable Law/Jurisdiction
(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association (“AAA”) for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted,but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration.
(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.
(D) Where Held; Language; Governing Law. The place of arbitration shall be the borough of Manhattan, City of New York, NY, USA, and the proceedings shall be conducted in the English language. These Terms shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws and the arbitrator shall follow the law and judicial precedents that a United States District Judge sitting in the Southern District of New York would apply to the dispute.
Any notices shall be given by postal mail addressed to Castle Antiques, Inc., 11924 Vose St. North Hollywood, CA 91605, to the attention of Legal Department or to the e-mail address provided to CAI and currently on record. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless CAI is notified that the e-mail address is invalid, in which event CAI may give notice by postal mail at the address provided to CAI by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
29. General Information
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Failure of CAI to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to CAI under these Terms or at law. These Terms represent the entire agreement between you and CAI and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and CAI. Paragraph headings are for convenience only and not for interpretation of these Terms.
30. Contact Us
To contact us with any questions, feedback, suggestions or concerns in connection with these Terms or the Site please write to us at: Castle Antiques, Inc. 11924 Vosest. North Hollywood, CA 91605 USA or email us at Avi@castleantiquesanddesign.net