Terms and Conditions for Shop Purchasers
TERMS AND CONDITIONS FOR SHOP PURCHASERS
1. These Terms and Conditions apply to all transactions relating to the purchase of an item (referred to as an “Item”) by a buyer (referred to as “you”) which we have offered to you for sale on a Shop which may be hosted on our own website www.thepedestal.com and/or elsewhere including on one or more third party aggregator websites (in each case, referred to as the “Shop”) by The Pedestal Limited, trading as The Pedestal or On The Pedestal (referred to as “we” or “us”), and may not be varied unless agreed in writing in advance by one of our directors.
2. We can be contacted via our website by using the form at https://www.thepedestal.com/contact-us, by email on email@example.com, by telephone on 44 20 7281 2790 or by mail to The Pedestal, 55 Prince's Gate. Exhibition Road, London, SW7 2PG.
3. We act as agent for the seller whose identity we will not disclose, unless otherwise stated.
4. When we offer Items for sale on the Shop, we will always include a description of the Item. Upon request we will also supply a condition report, which will be based on a visual inspection of each lot without disassembly or further investigation of physical condition, and on information available to us at the time. All information is provided after due consideration and to the best of our knowledge and experience, but cannot be taken as a statement of fact, a guarantee or statement of value or a guarantee or statement that mechanical or electrical parts are functioning correctly or at all.
5. All measurements provided are approximate. Colours of any image depicted in any printed catalogue, on our website or otherwise may not appear the same as colours perceived on physical inspection.
6. All Items will be available for viewing in person by arrangement with you. We always recommend inspection in person. Items may be antiques and are sold with faults and imperfections. Before deciding to purchase you should ensure that you are satisfied with their condition.
7. We will be happy to assist you with delivery by recommending one or more carriers who we consider to be reputable and experienced in shipping objects of value. An Item which has been collected from our warehouse by you or by a carrier or other party acting on your behalf is deemed to have been delivered to you by us at the time of such collection.
8. We cannot take responsibility for advising you on any import/export issues including without limitation CITES or the like, and customs and import fees and the like. We recommend that you acquaint yourself with any relevant issues before deciding to purchase any Item and are happy to refer you to an adviser who we consider to be reputable. If you purchase a lot requiring an export license it is your responsibility to obtain it, and we cannot accept rescission of the sale or offer a refund if you are unable to so obtain a permit.
9. Payment for each Item which you have purchased is due immediately if you purchase on the Shop and in any event no later than 7 calendar days after we have agreed the purchase with you. Payment can be made only by you as the purchaser and not by a third party on your behalf. Payment instructions will be given on the relevant invoice or invoices. A credit card surcharge will be applied where relevant.
10. No Item will be released and legal title will not pass to you until we have received due payment in full of all sums owed to us by you. Risk in any Item will pass to you on the earlier of collection of the Item by you or on your behalf, or the due date for payment for such Item.
11. If you fail to make due payment for any Item we may, at our discretion and without limitation to other available remedies, charge you interest at the rate of 12% per annum; bring legal proceedings against you for the unpaid sum and all associated fees and costs including professional fees (“Unpaid Sums”); retain and sell ourselves or otherwise any other Items held by us which are your property or any sums otherwise payable by us to you and use such proceeds or sums to defray the Unpaid Sums; cancel the purchase, offer the Item for sale either on the Shop or at auction and claim any shortfall and any associated costs from you; and/or pass your identity and contact details to the seller so that they can pursue legal remedies against you directly.
12. If you are purchasing from the Shop as a consumer, you have certain legal rights to cancel an agreement with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the time set out below, if you decide for any reason that you do not want to receive or keep an Item which you have agreed to purchase, you can notify us of your decision to cancel the purchase and receive a refund. Your legal right to cancel a purchase starts from the date on which the purchase is agreed and ends 14 days after the day on which you took delivery of the Item under the terms of clause 7 above. In these circumstances we will refund you the price you paid for the Item, subject to any reduction in the value of the Item caused by any condition issues which have occurred since the time when you took delivery. We will make any such refund promptly (and in any event within 14 days) once we have received the Item back from you.
13. If you return any Item under circumstances where we agree that it has been mis-described we will refund the purchase price together with any delivery charges which you have reasonably incurred.
14. We will make any refunds to you either on the credit card or debit card used by you to pay, or to the bank account from which you paid, as the case may be.
15. General Terms:
a. These terms are made and must be construed under English law and any disputes arising from them or from any agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
b. All sums referred to herein or arising herefrom are stated net of Value Added Tax but may be subject to VAT or the like at the rate or rates prevailing at the time of any transaction.
d. All transactions are conducted according to our discretion. We may refuse to accept an offer from any potential purchaser and otherwise regulate the Platform and all associated proceedings as we deem most appropriate. We may host the Platform on our own website or on any third party site and may (but are not obliged to) accept offers to purchase in person, by telephone, or online via our own or a third party Platform. We will not in any event be liable for any failure to register or accept any offer whether caused by breakdown of communications technology or otherwise.
e. All warranties, conditions or other terms otherwise implied by applicable law are excluded to the fullest extent permitted by law. Where an Item is sold to you as a consumer your statutory rights are not affected.
f. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term or duty at common law for any consequential loss or damage, including costs and expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply of any Item or their use or resale by you.
g. Subject to clause g our total liability to you in respect of all losses arising under or in connection with an agreement to purchase, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Item in question.