Terms & Conditions
Welcome to 1st-certified.com
IMPORTANT – READ CAREFULLY. YOUR USE OF 1ST-CERTIFIED.COM IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE COMPANY WEBSITE AND THE ASSOCIATED SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER
References in these Terms and Conditions to "we", "us" and "1st-certified.com" are to 1st-certified Ltd (company number 08939430), registered office: 16 Tudor Lodge, 49 Holden Road, Barnet, London, England, N12 7EJ
Your use of this website is for the purposes of utilizing Company's online platform to view and purchase antique items at listed prices and also includes viewing listings of advertisers and users, using technology to give access to advertisers of that media, licensing its intellectual property technologies to other companies’ worldwide, and distribution of media across channels.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
1. Online Shopping
1.1 Due diligence has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours are a close representation, a slight variation in the actual goods may occur. What you observe on the website will depend on you monitoring your computer, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns & Refunds Policy at clause 10 in these Terms & Conditions.
1.2 We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.
2. Eligibility to Use the Website
2.1 The Website is provided mainly for antique professional buyers, private collectors and dealer and resellers of antique and collectible merchandises (references in these Terms & Conditions to "buyer" or "the buyer") who have experience with, and who are accustomed to, buying Items based on photographs. By clicking on the "Login / Register" button, you represent and warrant that you either have an adequate degree of knowledge in antique and collectible merchandises, or have access independently to professional advice and assistance, and have experience in buying Items based on photographs.
2.2 Notwithstanding 2.1, we anticipate that some non professional users or first time buyers might be interested in purchasing products from our website, we encourage these users to refer to Oxford Authenticity when considering their purchase. Oxford Authenticity reports are regarded highly in the antique world and recognized as a stamp of endorsement from museums, auction houses, and even courts of law.
2.3 Buyers are aware that the word "antique" shall mean an object which was manufactured more than one hundred years prior to the date on which it is offered for sale and that unless otherwise stated, the Items on this Website are not new or in perfect condition, may require touch-up or repairs prior to use and that the available information about these Items may be limited.
3. Operation of the Website.
3.1 The Website provides a marketplace for the Buyers to purchase Items online, to negotiate the sale of merchandise with the Seller of the Item(s) (the "Seller"). 1st-certified.com is not involved in the transaction and the sale is directly between the Buyer and the Seller.
3.2 The role of 1st-certified.com is expressly limited to making the Website available and maintaining the Website. 1st-certified.com is an intermediary and the sole purpose is to receive payments from Buyers, as payment for Seller's Merchandise sold on the Site.
3.3 The Website accepts responsibility for the proper use of the Buyer's funds deposited and disbursed through the Website, but 1st-certified.com does not accept responsibility for the delivery of, or transfer of title of any Item purchased through the Website. 1st-certified.com neither accepts responsibility, nor is it liable in any manner for any negligence, misconduct or other inappropriate, unlawful or unprofessional behavior by the Seller in connection with any sale transaction entered into on or through the Site.
3.4 The Website is designed to provide the Buyer access to Items as 1st-certified.com finds them. Accordingly, 1st-certified.com does not verify any information provided by the Seller or its representative selling an Item and 1st-certified.com makes no representation with respect to the Seller, the Item or the information related to the Item.
4. Member account, Password and Security
4.1 Registering and using the Website may involve you setting up an account and giving a password. Also you may have to choose a currency in which you are going to negotiating sales with the Sellers and making your payment.
4.2 By submitting registration information to us through our website, you represent and warrant that all information you provided is valid, complete and accurate, and you will inform us immediately of any updates or other changes to such information.
4.3 You are fully responsible for maintaining the confidentiality of your account and the password, including all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. 1st-certified.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 4.
5. Content/Activity Prohibited
5.1 Please choose carefully the information you post on the Website and that you provide to other users. You must not misuse the 1st-certified.com website. You will not: send or otherwise post unauthorized commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to others users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Webite to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
5.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from the 1st-certified.com website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
5.3 1st-certified.com community areas are subject to the following Community Area Rules:
- 1st-certified.com advises you not to reveal any personal information about yourself or anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address.
- 1st-certified.com reserves the right to close user accounts if we believe a user is using proxy Internet Protocol addresses (IPs) as a method to hide the use of multiple accounts or to disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community we may perse legal action against you and close your accounts.
- By submitting any material to us, you automatically grant 1st-certified.com a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, reverse engineer, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
- You acknowledge that we are not obliged to publish any material submitted by you.
- By submitting any material to us, you agree to use the Website and Community areas in accordance with these Community Area Rules and website Terms and Conditions.
- If you fail to abide by these Community Area Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being brought against your account(s). Action may include any content posted by you being checked before being allowed to browse through the Website or a temporary or permanent suspension of your ability to participate in any or all of the 1st-certified.com website.
- 1st-certified.com reserves the right to edit or delete any contribution, or take action against any user account, at any time, for any reason.
- If you do not want to grant 1st-certified.com the permission set out above on these terms, please do not submit or share your contribution on the Community Area.
6. The Sales
Negotiating selling price on the Website
6.1 The Website provides both Buyers and Sellers with a marketplace to negotiate businesses and to make sales and purchases. Most of the merchandise on the website have an asking price that is open for negotiation. Negotiating on 1st-certified.com is much like negotiating in-person. You have the opportunity to ask the Seller for a lower price on the item.
Making an offer
6.2 Your offer can be either lower than, equal to, or higher than the asking price posted on the merchandise detail page by Seller. But an unreasonably low offer will be filtered by the Website.
6.3 Before an offer is submitted, you will be asked to confirm the amount in your offer in case you have typed in an incorrect figure. After confirmation, your offer will be sent to the Seller's account awaiting acceptance.
6.4 Once placed, an offer may not be canceled by Buyer. By making an offer, you irrevocably agree to pay the Total Purchase Price if your offer is accepted by the Seller.
6.5 Your offer will lapse after 7 days from the offer period.
Formation of Sales Contract
6.6 A Sales contract between you and the Seller is formed when your offer or subsequently counter offer is accepted and confirmed by the Seller.
6.7 An offer or counteroffer is deemed "accepted" and confirmed by the Seller when a confirmation is posted to your account in the "My Offer" section that (a) the your offer or subsequent counter offer to purchase the Item has been accepted and confirmed by the Seller, or (b) your acceptance of the Seller's counter offer has been acknowledged, accepted and confirmed by the Seller.
6.8 During the course of negotiations between a Seller and a Buyer, unless there is a Sale Confirmation, the Seller is free to sell the Item to another Buyer or remove the Item from sale.
"Guaranteed Offer" policy
6.9 If buyer fails to make payment after the formation of the Sales Contract, the buyer is deemed to have breached the Sales Contract and these Terms & Conditions ("Buyer Default"). You acknowledge and agree that damages to 1st-certified.com in the event of Buyer Default will be difficult or impossible to prove or measure.
6.10 In order to maintain a good trading environment for both Buyer and Seller we practice what is called "Guaranteed Offer" policy.
6.11 Buyer agrees to put £10 as a refundable security deposit in buyer's account on the Website before trading. With the security deposit in the account, the buyer's offer is deemed serious by the Website and the Sellers. Sellers are more likely to respond and accept a guaranteed offer than others without guarantee in place.
6.12 Your Security Deposit will remain in your account if no Buyer Default occurs. You can also keep the Security Deposit in your account as long as you wish, and withdraw it at anytime.
6.13 With your Security Deposit, you can make multiple offers and purchases for different items on the Website. Once Buyer Default takes place, all your offers will be suspended and the Website will retain your Security Deposit without any further liability. Should this occur, you may have to pay another Security Deposit to your account if you desire to carry on your negotiation or purchase on the Website.
6.14 You acknowledge and agree that in the event of Buyer Default, the amount of the Security Deposit is far less than enough to compensate 1st-certified.com and the Seller for the damage which may be caused. We reserve the right to terminate and deny the right to use 1st-certified.com and all the offered services in the event of Buyer Default and when the Terms & Conditions are breached for any reason whatsoever.
6.15 If you do not agree with our "Guaranteed Offer" policy please do not enter into any negotiation or purchase an item on the Website.
6.16 All Sellers practice "Total Purchase Price policy" on the Website. The "Total Purchase Price Policy" means all the Asking Price on the Website and selling prices agreed between you and Seller are inclusive of (i) VAT or Sales Tax (where applicable) at appropriate rate; (ii) delivery charge or international delivery charge; and (iii) insurance. Asking Prices on the Website have a certain room for negotiation. When your offer arrives at the Seller's account, the Seller can estimate and calculate the VAT, or Sales Tax, and delivery costs, including international delivery cost, and insurance according to your location.
6.17 If you are an importer and have requested delivery to another country from where the Seller is based, for example from UK to China (outside EU), then the Total Purchase Price you pay to the Website is exempt from VAT or Sale Tax, and is inclusive of international delivery charge and insurance.
7. Authentication Testing, Professional Body Assessment & Expert Review
7.1 If the Buyer is purchasing an Item based partially or entirely on its stated provenance, we strongly recommend you to get an independent Authentication Testing, Professional Body Assessment & Expert Review (collectively, "Professional Authentication") of the Item prior to purchase.
7.2 You can get a Professional Authentication, in your sole discretion, from your own resources, or from resources recommended on the Website.
7.3 The Professional Authentications recommended on the Website are entirely independent from the Website and Sellers. The sole role of the Website in Professional Authentication is to disburse the funds to the related professional body on buyer's behalf, and arrange the authenticity work accordingly.
7.4 The Professional Authentications are at buyer's cost, ranging from 40 to 500 GB sterling for each item. The cost is added on top of, and paid together with the Total Purchase Price you pay to us before we disburse it through the Website.
7.5 A Professional Authentication normally takes one to two weeks. The preliminary results will be uploaded on the Site. Original reports will be posted to you.
7.6 While we believe the Professional Authentications we selected and recommend on the Website are well reputed, some are held in the highest regard, and accepted as a stamp of endorsement from museums, auction houses and courts of law the world over, we make no warranty or representation as to the same, accepts no responsibility or liability of any kind for such Professional Authentication and Buyer expressly acknowledges that the Buyer's use and/or reliance on such Professional Authentication at the Buyer's own risk.
8.1 We accept payment for order in specific currency requested by the Seller of the item sold on the Website. For example, pounds (£) sterling for UK based Seller or US dollar if USA based.
8.2 Unless specifically approved by 1st-certified.com for a different payment method, the Buyer agrees to pay the Total Purchase Price (plus Professional Authentication fee, if any) for each item using online money transfer scheme on the Website, or wire transfer to 1st-certified.com no later than 5 working days after the sale has been confirmed.
8.3 If you choose to pay for an item with RMB or another foreign currency rather than the specific currency requested by the Seller of the item, your account will still be taken in the specific currency requested by the Seller at the conversion rate applied by the relevant payment scheme at the time of processing your order.
8.4 If you use a wire transfer to pay for the item you have to pay with the specific foreign currencies only requested by the Sellers to our bank account. You are also obliged to upload the money transfer slip as evidence onto the Website for our reconciliation purpose.
Transfer of Title
8.5 The Seller of each Item sold on the Website has represented to 1st-certified.com that the Seller is the sole owner of each Item being offered for sale on the Website, or that the Seller is duly authorized by the owner of the Item to sell the Item and that the Seller will transfer ownership of the Item to the Buyer, free from any claims by third parties. The Seller has represented to 1st-certified.com that the Seller will convey title of each Item to the Buyer upon receipt by 1st-certified.com of their Sales Price for the Item.
Completion of Sales Contract between Buyer and Seller
9.1 The Sales Contract between you and Seller completes when the products are collected on your behalf by the relevant delivery company from Seller for delivery to your chosen address. A confirmation from the Seller will appear in your account in the "My Order" section indicating that your goods have been dispatched. Sellers reserve the right to fulfill multiple orders separately, which may mean they are dispatched separately by your carrier.
Receiving Your Delivery
9.2 Please make sure your shipping address, phone number and email are full and complete. The phone number or email may be used by your carrier to contact you in case the carriers have problems delivering your order.
9.3 Your order will require presence of your photo ID and your signature on delivery. Please make sure that you have your photo ID presented to the delivery person of your carrier before signing the delivery receipt.
9.4 If a friend or your representative receives the order on your behalf, please make sure he/she has the order confirmation email, your ID, your written authorization letter and his/her photo ID presented.
9.5 If no one is at your delivery address or any document required is not presented when your carrier attempts to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date or for you to collect at a collection point.
Check before Acceptance
9.6 You MUST check the goods carefully in front of the delivery person of your carrier before signing the delivery receipt.
9.7 If a friend or your representative receives the order on your behalf with your written authorization letter, then he/she fully represents you to check the goods and sign the delivery document. His/her behavior and decision is equivalent to yours. You will sill be responsible for the receipt of delivery and legal consequence.
Rejecting a Delivery
9.8 If there is a logistic damage, exterior damage or crash caused by any reason during delivery which indicate that the shipment may have received a rough treatment in transit with consequent damage to the contents, significant visible discrepancies between actual goods and pictures, proper condition, or stated specification of the item on the Website, substitute merchandise being delivered rather than item actually ordered, please reject the delivery.
9.9 If you reject a delivery, you are obliged to take pictures as evidence and upload these pictures and the signed Delivery Rejection Form onto the Website. You will be required to fill in a Refunds Application Form online and await the Seller validating your claim. We may also use these pictures as evidence if arbitration is needed. You will be required to sign a Delivery Rejection Form. Please refer to Returns & Refunds Policy at clause 10.2 - 10.5 in there Terms & Conditions.
Disclaimer of Liabilities
9.10 Neither the Website nor the Seller will be liable for goods being unable to be delivered due to any or more of the following non-exhaustive reasons:
(a) Delivery address is not complete or contains an error
(b) No one was present to accept delivery of your order
(c) Failure of presentation of your photo ID, your representative's photo ID, your written authorization letter, order confirmation email, or other required documention
(d) Refusal to accept the order without a valid reason
(e) Package refused or held by customs for delivery
(f) Refusal to pay customs fees
(g) Change of circumstances
(h) Irresistible factors, such as natural disasters, war and other emergencies
Completion of the contract between Buyer and Delivery Company
9.11 Completion of the contract between you and the delivery company will take place when the goods have been delivered or there have been at least three attempts to deliver the goods to your chosen address.
Risk of loss
9.12 You assume the Risk of loss and damage of products once Products are conveyed to you on delivery.
Delivery lead times
9.13 Within three working days after your payment is received by the Website your order will be dispatched to your carrier. In your account "My Order" section, the order status will become "Delivered" and an accurate delivery information will be available at the same time.
9.14 If you contracted a Professional Authentication, your order will be delivered in three days after the result is received.
9.15 You can track your order by clicking the "Track My Order" web link. Entering the order number and your email address allows you to track the latest status of your order.
9.16 A normal delivery lead time is estimated to be 6-10 business days. Please note that your delivery may take longer during sale or other busy periods.
9.17 Delivery lead times to international addresses will vary according to destination. Typically for Express shipping the expected delivery times are within 4-11 business days. For Non-Expedited shipping options the expected delivery times are within 6-20 business days.
9.18 Your carrier will make every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside their control, for example, material shortages, and import delays or higher than anticipated demand. 1st-certified.com shall be under no liability for any delay or failure by your carrier to deliver the products within estimated timescales.
Important Information for First-time International Customer
9.19 You will be the importer for all international deliveries of the products. Therefore, before placing an order for goods, it is your responsibility to check if your importation of any products ordered is in compliance with any and all State and Federal government import regulations or subject to any import tax, and that there are no local requirements or restrictions which may affect receipt of your order. Please refer to Returns & Refunds Policy at clause 10 in these Terms and Conditions.
9.20 Import Tax
The governments of the destination country determine the duties (or custom tariffs), VAT and taxes that should be charged for the products being imported into the country. You may have to pay import taxes and/or customs duties. You may also be required to pay a brokerage (handling) fee for the shipment. These charges are separate from your shipping charge and you will be billed directly for them.
10 Returns & Refunds
10.1 As all merchandise sold on the Website are valuable goods, some are invaluable, and your purchase may involve international shipping and delivery, we strongly suggest all buyers to carefully investigate the items they purchase before making an offer or placing your order.
Valid Refunds Claims
10.2 Refunds are available if you reject a delivery; while, in the process of inspecting your delivery in front of the delivery person of your carrier, there is:
(a) A logistic damage, exterior damage or crash caused by any reason during delivery which indicate that the shipment may have received a rough treatment in transit with consequent damage to the contents.
(b) Significant visible discrepancies between actual goods and pictures, stated condition, or stated specification of the item on the Website
(c) Substitute merchandise being delivered rather than item actually ordered
10.3 Please make sure you have taken pictures as your evidence. Please upload these pictures and the signed Delivery Rejection Form onto the Website, and fill in a Refunds Application Form online in 7 days. It will take 5 business days for Seller to validate your claim.
10.4 If your claim is validated by the Seller, the full amount you have paid to the Website will be refunded to you within 7 business days.
10.5 If your claim is not validated and a dispute arises between you and Seller, you can present the case to us and apply for arbitration. You agree the Website makes arbitration in its sole discretion, and its decision shall be final and binding.
10.6 If your order is lost by Delivery Company, you will not be refunded until the Seller is reimbursed by the insurance company.
10.7 Some of the Items sold on the website may require cultural, customs and endangered species permits for export from the country where they are located and import into the Buyer's country. Items may also be subject to a right of the country from which they are exported to purchase the Items from the Buyer, sometimes called a "right of preemption". Neither the Seller nor 1st-certified.com makes any representation, gives any warranty or shall have any liability to the Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere. If the listing of any Item on the Website discloses that the Item requires a cultural export permit or the Seller, or 1st-certified.com disclose such requirement after confirmation of the sale but before the shipper picks up the Item, or the Buyer first learns that an export permit is required after the Item has been picked up by the shipper, and the Seller is unable to obtain the export permit within thirty (30) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the Buyer may rescind the sale of such Item by giving written notice to 1st-certified.com within seven (7) business days after expiration of the applicable thirty (30) day period. In no event shall the Buyer be entitled to rescind a sale more than ninety (90) days after the date of the sale to the Buyer. If the sale is rescinded, the Buyer shall cause the affected Item to be returned to the Seller. Upon such return, 1st-certified.com will use reasonable efforts to make consent with the Seller to return to the Buyer the Total Purchase Price. The benefit of this right of rescission is not assignable and belongs solely to the Buyer.
As is Sales
10.8 All Items displayed on the website are sold "AS IS". Neither the Seller nor 1st-certified.com 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. Neither the Seller nor 1st-certified.com makes any representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item. Except as provided at the clauses 10.2 to 10.7, ITEMS PURCHASED THROUGH 1st-certified.com ARE NOT REFUNDABLE.
10.9 Refunds are not available for authenticity claims.
This Website is mainly provided for antique experts who have experience buying antique online based on photographs (please refer to Eligibility to Use the Website at clause 2.1 in these Terms & Conditions).
Apart from that, we strongly suggested you to retain an independent professional advice before purchase.
We also have provided options for you to contract internationally reputed assessments and Authentication Testing, Professional Bodies Assessment, and Expert Review on the Website.
We are in good faith that you have enough advice, knowledge, and resources to assess the authenticity of the antiques on the Website before placing your order. Therefore, you are prohibited from rejecting a delivery or asserting a claim because you doubt the authenticity of the merchandise. If you have any doubt about the authenticity of an item please refrain from purchasing the item.
10.10 Refunds are not available if you claim a slight colour variation. Slight colour variations may result from your monitor, your computer equipment, reproduction of images and other factors that are out of our control. We are not liable for slight colour variations between actual goods and pictures you see on the Website. Please refer to Online Shopping at clause 1 in these Terms & Conditions.
Late Claim and other situations
10.11 As merchandise sold on the Website are all valuable products, You MUST check the goods carefully in front of the delivery person of your carrier before signing the delivery receipt. Once you or your representative have accepted the product(s) and signed the delivery receipt, this represents that you are fully satisfied with the delivered merchandise. Thereafter, if you claim any damage, items missing, or not in line with pictures or condition or specification stated, we will not verify your claim. Furthermore, we will not refund you for any claim that is too late.
10.12 Professional Authentication fee is non refundable.
10.13 Refunds are not available if the delivery is seized by customs officials.
10.14 Refunds are not available if your order is returned to Seller due to a wrong addresses, unavailability of recipient at the delivery location, failure to present your or/and your representative's photo IDs or a written authorization letter or other required document, refusal to pay customs fees or refusal to accept the order without a valid reason.
10.15 If your order is returned to Seller due to a banned/restricted products policy, refunds are not available.
If we refund you in any circumstance, at most, the amount you will be refunded would be the total amount of the order, minus the shipping and insurance charges, minus 30% of the value of the order (as a re-stocking fee), and minus an assessment & testing fee (if any). We will also subtract any other outside charges 1st-certified.com has incurred during shipping, such as warehousing fees, return postage fees, etc. Refunds will not be issued until the returned merchandise is physically in Seller's warehouse and unless the merchandise is confirmed in the same condition as before it was sold.
11. Pricing Error and Product Availability / Information
11.1 Although we endeavor to ensure all our prices displayed on, and all the Selling Price agreed between Buyers and Sellers through our website are accurate, errors may sometimes occur. If we discover an error in the price or Total Purchase Price of an item you have agreed to in the Sales Contract with a Seller, we will contact you as soon as possible. You will have the option to reconfirm your Sales Contract at the correct price or cancel it. If we are unable to contact you, we will treat your Sales Contract in respect of the incorrectly priced item as cancelled.
11.2 Because most of the Items displayed on the Website are unique and are offered by dealers that usually have wholesale or retail opportunities for the sale of the Item apart from 1st-certified.com, all Items displayed on the Website are offered strictly for sale subject to availability. We reserve the right to remove any item from the Website without prior notice.
12. Refusal of Transaction
1st-certified.com reserves the right to rescind Sale Confirmation at its sole discretion in the following event(s):
- An error by Seller as to availability of the Item
- Our inability to obtain authorization for your payment;
- We have identified a pricing or product description error;
- An error by 1st-certified.com as to acceptance of the Buyer's offer or counter-offer by Seller or any other error with respect to a Sale Confirmation,
- There is a failure to meet the eligibility to order as set out at clause 2 in these Terms and Conditions;
- Failure of the merchandise being authenticated;
- There is a system or procurement failure; and
- Legal restrictions or practices for products in the country you have selected which prevents relative delivery company fulfilling your order for delivery;
- Other restrictions for the country you have selected which prevents relative delivery company fulfilling your order for delivery.
13. Copyright Policy
13.1 Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libelous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.
13.2 You acknowledge and agree that the material and content contained within this website is made available for your personal use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use 1st-certified.com website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of 1st-certified.com website.
14. Disclaimer of Warranties
The service, the content and the information on this Website are provided on an "AS-IS" and "AS AVAILABLE" basis. 1st-certified.com, to the fullest extent permitted by law, disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Website, any Items offered for sale or sold on or through the Website or any Seller, including but not limited to:
(a) any representation or warranty that the Website meets the Buyer's requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(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; or
(e) any representation or warranty regarding the character, reputation or business practices of the Seller.
The Buyer must direct all claims regarding any Item to the Seller and must resolve any dispute regarding any Item directly with the Seller.
14. Limitation of Liability and Indemnity
14.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 1st-CERTIFIED BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY 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 1STDIBS 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 1ST-CERTIFIED.COM, 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 1ST-CERTIFIED.COM
14.2 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 The London Court of International Arbitration (LCIA) for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the LCIA 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. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DEALERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WEBSITE USERS/DEALERS. 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.
14.3 You agree to defend and indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of or related to the use of the Website by you, the purchase of Items by you, the nature or quality of the Items, and any disputes between you and the Seller of the Items, and any breach of these Terms and Conditions by you.
14.4 The 1st-certified.com website may also contain links to other websites, which are not operated by 1st-certified.com. When you activate any of these you will leave the 1st-certified.com website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
14.5 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
All contracts will be concluded in English. The website is controlled and operated in the United Kingdom. Any terms and conditions concerning the usage of this website will be governed by the laws of England and any dispute concerning use of this website will be determined exclusively by the Courts of England.
16.1 We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
16.4 1st-certified.com reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
18. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 1st-certified.com for the purchase of the products, between you and relative companies. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of 1st-certified.com.
If a Chinese translation conflicts with English text, the English Terms & Conditions control.