13. Privacy Policy

We are committed to protecting your privacy and to giving you choice about how the personal information we collect is used. The types of personal information collected at these pages are:

- Name

- Address

- Email address

- Phone number

- Cell Phone

- User name

- Credit/Debit Card

- Banking (where applicable)

- Notification Preferences (opt-in email notifications)

Emails will be randomly monitored electronically for content and misuse or abuse of the system. GoAntiques will send surveys to buyers on items for which they have requested information to monitor their satisfaction with our messaging and e-commerce systems. Sellers may also be sent emails on items deleted from our website so that GoAntiques can supply useful statistics to our member dealers which will enable them to better sell through our website. Anyone abusing or misusing the system will be notified in writing for the first offense. Continued abuse or misuse of the system, could result in termination of the Member's account.

Cookies, what are they and how are they used?

A cookie is a small piece of information that web sites use to remember information about users. Cookies also allow web site operators to better customize visits to the site to the visitor’s individual preferences. The use of cookies is standard on the Internet and many major web sites use them. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it.

GoAntiques uses two types of cookies to recognize our members and remember shopping list items. GoAntiques uses transient cookies to provide continuity from page to page. Within a single visit, these cookies store information such as your shopping list to simplify checkout. They do not contain any personally identifying information.

GoAntiques uses persistent cookies to identify members after their first visit. These cookies remain on the hard drive of a PC and allow a user tobe recognized when entering our site. To access any secure areas such as your account information, you must still enter your password. You can disable your cookies at any time through your browser options.

The “cookie” itself does not tell us who you are, your email address or anything else personal. Even without accepting a cookie you can still access most of the features on the site. We use cookies so that they can help provide our visitors with a better experience on our site.

The Way We Use Information

We use the information you provide when you are offering an item for sale, purchasing an item or requesting information or other services in connection with the online purchases.

We will use return email addresses to notify you about matters related to your transactions with us, to keep you informed of upcoming events and to send you our newsletters and announcements from our sponsors. We do not share this information with outside parties except to the extent necessary to complete those activities or as otherwise provided in the Terms and Conditions. You will be given an option to unsubscribe from each newsletter and announcement that you receive.

We use non-identifying and aggregate information for promotional purposes, to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on this website, or that Y number of men and Z number of women filled out the registration form, but we will not disclose anything that could be used to identify those individuals. We may also use such information in connection with matters covered by the above Paragraphs entitled "Verification and Credit Information" and "Fraudulent or Improper Conduct".

Data Security and Storage

In order to protect and preserve the security of the data we collect, we have established procedures to safeguard the information collected throughout this website. To protect your security, we will also take commercially reasonable steps to verify your identify before granting access or making corrections.

Notwithstanding these procedures, we do not accept any liability for misuse of the site by others or from viruses, or links to other sites or to objectionable material.

We do not guarantee the preservation of data, records or other information that may expire or be removed or deleted, all without notice or liability. Seller grants GoAntiques non-exclusive publishing rights in print or electronically of uploaded images and data.

Records Retention, Usage

GoAntiques shall have the right to retain records of all information including input, and sales pertaining to your access to the software. GoAntiques will not, however: (i) disclose transaction data comprised of prices charged, transaction volume, or identification of you to any third parties unless such data is grouped with other clients’ data and is presented in an aggregate form, or in the event that you specifically authorize such release. GoAntiques shall use commercially reasonable efforts so that such aggregate form does not permit the recipient to identify you or any of the specific transactions pertaining to any of them; or (ii) use such data to aid GoAntiques or any third party in providing services in competition with you. In the event GoAntiques discloses such transaction data to any third party, we shall make a good faith effort to ensure that your name and other personal information cannot be deduced by such third parties from such disclosed transaction data.

Web Markings

Any seller wishing to have a custom site shall display the "GoAntiques Member" logo on their site.

How You Can Access Or Correct Your Information

You can access all of the information that we collect online from you and maintain in our system by logging in and clicking on "My Account" (e.g. Bob's Account). (We use this procedure to better safeguard your information.)

You can update information and correct factual errors in your company or personal information yourself in the area mentioned above, or by sending us a request to do so. It is your responsibility to ensure that your personal information is current.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 614-481-5750 or send an email to info@goantiques.com

CONDITIONS OF SALE

Generally Applicable to Sellers and Buyers

1. General.

We are providing this site as a venue for sellers and buyers to consummate a sale of the items offered on this site. Such transactions are fully subject to the Terms and Conditions applicable to the GoAntiques Network (the “Network”). We will provide a system to facilitate the purchase of items in return for the payment of the Full Purchase Price, which is defined in Paragraph 2 below. This means that we will administer the collection of the Full Purchase Price from the buyer and remit the amount due to the seller, as provided below. We do not act as an agent for either the seller or the buyer in transactions through this site and shall have no liability for or with respect to any acts or omissions of either the seller or the buyer.

2. Purchase Price.

A buyer purchasing an item through our Network shall pay to us the amount of the Full Purchase Price as provided in these Terms & Conditions. “Full Purchase Price” is defined as (i) the price of the item (ii) applicable sales and other taxes due on account of the sale, (iii) packing, shipping transportation and insurance charges, and customs fees and charges and duties, if applicable, and (iv) any other amount due from the buyer as provided in these Terms and Condition and/or as agreed between the seller and the buyer during the procedure for consummating the sale. It is the responsibility of the seller and buyer to determine the amount, if any, of the sales, use or other taxes and governmental charges due in connection with the transaction ("Taxes") and to collect, report and pay the correct amount of the Taxes to the appropriate governmental authority(ies). We assume no responsibility for the determination of Taxes or for the collection, reporting or payment of the Taxes. Buyers should be aware that there may be compensating use or other taxes imposed in the home state of the buyer, and if there is any question concerning applicable Taxes, buyers and sellers should consult their tax advisors.

3. Descriptions of Property and Disclaimer

We have not seen or evaluated Property being offered for sale on this site. We also have not confirmed the accuracy or reliability of statements made with respect to any Property offered for sale, and our services in connection with maintaining this site do not include such responsibilities. The sellers are solely responsible for the descriptions and price estimates of the Property and any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Property. We shall have no responsibility or liability with respect to inaccurate or incomplete information or otherwise with respect to the acts or omissions of sellers, and as between the buyer and us, the buyer agrees to assume such risks. Except as otherwise specifically stated below or required by applicable law, all Property is sold AS-IS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY US AND THE SELLER, except to the extent that any implied warranty of title is imposed on the seller by law. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. Warranties give you specific legal rights and you may also have other legal rights that vary from state to state.

No representation, express or implied, is made by us as to whether or not a buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.

4. Limited Right of Rescission to Buyers

By offering Property for sale at a fixed price on this site, each Seller hereby agrees to honor the following right of rescission to the original buyer of such Property.

If Property purchased through one of our channels is materially different (as of the time immediately prior to shipment to the buyer) than as represented by the seller on this site, the original buyer shall have the right within three business days of receiving the Property to rescind the transaction by so notifying the seller and by returning the Property to the seller, in the same condition as when received by the buyer, at the buyer's risk, cost and expense. Upon such return, seller shall refund to the buyer a full refund in the amount of the purchase price of the item, together with taxes and duties and excluding all other amounts paid to the seller for packing and shipping, transportation, insurance, and other charges. Seller shall remit to buyer the amount of the required refund as set forth above for repayment within three business days of receipt of merchandise.

In the event that a Buyer has requested a refund from a Seller for merchandise that was either misrepresented or never received, and is experiencing difficulty getting a refund directly from the Seller, GoAntiques will research the incident and may opt to refund the Buyer. In the event that GoAntiques refunds the Buyer, Seller authorizes GoAntiques to either (1) debit his credit card for the amount refunded, or (2) set off any refunded amounts against any future payments to be made by GoAntiques to Seller for items sold through our sites.

If Property purchased through one of our channels arrives damaged, Buyer should immediately contact the shipper or their post office to fill out paperwork so they can receive a refund from the shipper. Any Buyer returning merchandise directly to the seller or to GoAntiques shall not be entitled to a refund from GoAntiques or the Seller.

Buyer shall not be entitled to a refund from us, or the seller of the commissions or of the transaction charge(s) paid to us, nor shall the seller be eligible for refunds of commissions or transaction charges paid to us. Seller shall have no obligation to pay any amount over to the buyer unless and until the buyer has returned the Property to the seller as provided in the Terms and Conditions.

The above remedy of rescission and refund is exclusive and in lieu of all other remedies and damages otherwise available to the buyer with respect to the seller’s breach of any of its obligations with regard to the characteristics, quality, condition or value of the Property. In no event shall our liability or the liability of the seller extend beyond a refund as provided above, and in no event shall we or the seller be liable for damages of any kind, whether classified as direct, indirect, special, incidental, consequential or otherwise.

A buyer with a claim against the seller must contact the seller directly to pursue the claim. Any refund will be paid directly by the seller to the buyer with the exception of Property that arrives damaged. In this case the buyer must contact the shipper or post office and fill out the proper paperwork to receive a refund from them.

5. Site Provider's Determinations Final

We will have the sole and exclusive power and authority, without liability to buyers or sellers, to: (a) resolve any disputes between buyers, (b) determine whether to pass any item for sale, and (c) reject or challenge any sale.

6. Payment and Delivery

At the conclusion of a sale, notification is sent by email to the successful buyer. The successful buyer is liable to immediately pay the Full Purchase Price as defined above. The successful buyer is obliged to enter the information required in an online form called the "Pending Purchases" page. Buyer will then receive information from the seller about the costs of packing and shipping, taxes and other charges, if any, and other information. The seller will promptly furnish this information on the online forms provided by us. Upon the buyer's acceptance of these charges, the buyer's credit card or debit card as previously approved by us will be charged the amount of the Full Purchase Price. If for any reason we are not able to process a charge on the credit card whose number had previously been furnished to us, the buyer will provide an alternative acceptable credit card or debit card for payment or immediately make payment in a form acceptable to us. We reserve the right to request additional verification such as a drivers license, passport, copies of the front and back of the actual credit card, and/or voided check to further verify credit card information that cannot be verified through our credit card processor. We also reserve the right to request wire transfers or certified checks for any transactions more than $2,500 or for any purchases from buyers located outside of the U.S. for more than $200.

In addition, we reserve the right to charge a 1 1/4% per month charge calculated on the basis of the Full Purchase Price for any delay in payment. The seller will receive automatic notification of receipt of the buyer's payment, and the seller will immediately ship (within three (3) business days) the purchased Property to the buyer fully insured against all risks of loss or physical damage (in an amount of the Full Purchase Price) with a reputable company that permits the tracking of its shipments.

After we have received the Full Purchase Price from the buyer, and provided the seller has complied with the shipping requirements and furnished the information as set forth above and in the applicable online forms, we will pay the seller on each Friday for transactions completed through the previous Friday, by wire transfer in U.S. dollars the amount of the Full Purchase Price, less the amount of the applicable Seller’s Commission and transaction fee of the purchase price of the item. The amount of the seller’s commission, and the transaction fee constitute partial compensation to us for services provided through this site. We shall not be liable to seller for any mistakes in payment as long as we have made payment in accordance with the instructions given by seller as part of the registration process.

Title and risk of loss shall pass to the buyer when the seller delivers the Property to the shipper for delivery to the buyer. Any loss, theft, or damage from that point in time shall be processed by the buyer through the shipper. Seller will have no responsibility for loss or damage to the Property after delivery to the shipper, and any such loss or damage shall not be grounds for rescission by the buyer. Buyer shall not be entitled to a refund by the seller or GoAntiques, if the Buyer returns the damaged merchandise to either party. Notwithstanding the foregoing, the seller shall lend reasonable assistance to the buyer in resolving any such claims with the shipper and/or the insurer.

7. Remedies for Breach by a Buyer

If the buyer fails to comply with its obligations under the Terms and Conditions, in addition to all other rights and remedies available by law to us and the seller, including recovery of the Full Purchase Price and other damages, we or the seller may elect to cancel the transaction and/or resell the Property. Such other damages include the right to hold the buyer liable for all costs of enforcing rights under the Terms and Conditions, which include, but are not limited to, costs of collection, costs of reselling the Property, handling charges, late fees, commissions and reasonable attorneys’ fees and expenses.

8. Requirements Imposed by Law and Indemnification

Disputes between the seller and buyer are to be resolved between the parties and we shall not have any responsibility to participate in such proceedings. Sellers and buyers should understand that applicable laws, rules and regulations of their respective home states, other states having a relation to the transaction, and/or of federal law may apply to give the parties rights beyond or different from those set forth in the Terms and Conditions. Such rights might include, but are not limited to, the right to know the identity of parties to a transaction, to receive notification of certain rights, to receive certain warranties or other recourse in connection with a purchase and sale transaction or otherwise. It is the obligation of the respective parties to comply with these law, rules and regulations. Each seller and buyer participating on this network hereby agrees to indemnify and hold us harmless from and against any and all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees, relating to the failure of such party to comply with any such law, rule or regulation.

9. Governing Law

The laws of the State of Louisiana (excluding its conflicts of laws rules) shall govern.

10. Limitation of Liability

To the greatest extent permitted by applicable law, in no event shall we be liable for damages of any kind, whether classified as direct, indirect, special, incidental, consequential (including for loss of profits or revenues or data) or otherwise, and whether in contract, tort, negligence, strict liability or otherwise, arising out of, resulting from or in any way related to any transaction occurring on this site, any breach by a seller or buyer, the use or inability to use this site, or any other matter contemplated by the Terms and Conditions, except to the extent the law does not permit such an exclusion of liability.

11. Miscellaneous

Export or Import. An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of buyers to familiarize themselves with any required license, and import or export requirements or limitations. Neither we, nor the seller, will have any responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in buyer's paying for any purchase, (b) a rescission or cancellation of a purchase by buyer or (c) buyer not otherwise fully meeting buyer's obligations to us and the seller.

Severability. If any provision or portion thereof of the Terms and Conditions shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.

No Assignment. Neither the seller nor the buyer may assign his, her or its rights or obligations with respect to transactions on this site and any such assignment shall not be effective.

Notices. To be effective, notices to us relating to the Terms and Condition or transactions consummated or contemplated on this site shall be given by certified mail to:

GoAntiques, Inc.

2330 Aubin Lane

Baton Rouge, LA 70816

or by e-mail to support@goantiques.com with a print-out copy of such email to be retained by the sender and available to us at our request.

Complete Agreement and Binding Agreement. The Terms and Conditions contain all of the provisions applicable to the agreement between us, on the one hand, and each seller or buyer, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on the parties‚ heirs, beneficiaries, executors, successors and assigns..

Paragraph Headings. Paragraph and subparagraph headings are included in the Terms and Conditions for ease of reference and should not be used to interpret the meaning of the substantive provisions.

Copyright © 2002 GoAntiques, Inc. All rights reserved.

Guidelines for Selling on the GoAntiques Network

1. It is the responsibility of both the seller and the buyer to ensure that the items listed for sale and bought are appropriate for sale under all applicable laws and regulations. In addition, every item listed on GoAntiques must be consistent with GoAntiques’ policies, as determined in GoAntiques’ sole discretion. GoAntiques expressly reserves the right to, but has no duty to, refuse, reject or remove any listing in its sole discretion.

There are some things that you may not list or sell under any circumstances. These include:

1. Any item that is harmful to minors, obscene, or otherwise objectionable.
2. Illegal or restricted weapons and related accessories, including the following:

• Firearms and firearm accessories, including ammunition, scopes, and silencers (Note: GoAntiques’ allows the posting of antique firearms made before 1898 and replicas of antique firearms that have matchlock, flintlock, percussion cap or similar ignition systems, subject to removal in GoAntiques’ sole discretion. All other firearms are prohibited.)
• Switchblade knives
• Any concealed weapon
• Any explosive device
• Martial arts weapons
2. Any item that violates any U.S. export law or regulation, including any items subject to the terms of the U.S. embargoes against Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, and Sudan.
3. Any item that is counterfeit or stolen, including items that are:
• "replicas," "knock-offs," in the same "style" as, or "fake" versions of a name brand product, including any items bearing infringing marks in contravention of applicable state or federal intellectual property laws;
• counterfeit, or for the purpose of producing counterfeit, currency, stamps, government identification;
• non-authentic sports collectibles, celebrity autographs, or otherwise non-authentic versions of memorabilia or other items with non-authentic signatures;
• any item for gaining unauthorized entry to a place or vehicle including lock-picking devices, vehicle master keys, and other devices.
4. Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts, such as, but not limited to, Nazis or the Ku Klux Klan. Official government-issue stamps and coins are not prohibited under this policy. Expressive media, such as books and films, may be subject to more permissive standards as determined by GoAntiques in its sole discretion.
5. Any animal items that are subject to regulations or laws for the protection of animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.
6. Any item that has been the subject of a product recall by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturer.
7. Bodies, body parts, bodily fluids.
8. Fireworks, explosives, or any hazardous material or restricted chemical.
9. Government-issued identification documents, whether authentic or counterfeit, (e.g., fake Ids for age verification, fake government credentials, passports, green cards, birth certificates), Police badges or insignia, and any other law enforcement items (e.g., FBI identification cards, badges, uniforms, flashing lights/sirens, etc.) generally restricted for sale under federal and state law.
10. Any used goods not appropriate for resale for safety, health, or other reasons, including any clothing items that have not been appropriately cleaned (e.g., used underwear).

Any other item that violates any applicable federal, state or local law or regulation or which GoAntiques determines, in it sole discretion, is inappropriate for sale through the services provided by GoAntiques.