Showplace Terms

  1. Terms and Conditions

    http://nyshowplace.com provides a website and mobile optimized site (the"Site") which is owned and operated by Showplace Antique&  Design Center ("Showplace,""Us" or "We"). The following terms govern your, the "buyer's"  or "user's"use of and conduct within the Site.

    Agreement to Terms and Privacy Policy

    Showplace provides the Buyer with access to and use of the Site dependent on the Buyer's acceptance of the terms and privacy policy (available here:www.nyshowplace/about/privacy-policy/.) Use of the Site indicates the Buyer's agreement to these Terms as well as our privacy policy. Those who do not agree to the Terms and Conditions and Privacy Policy are not allowed access and use of the site.

    Modification of Terms

    Showplace may change the Terms and Conditions as well as the Privacy Policy without providing any advanced notice or agreement on behalf of the Buyer. All content within the present terms and conditions supercedes previous versions of the terms. All Buyers are held responsible to view the terms frequently in order to become familiar with any changes in terms.Using the site for any of it's services or visual components indicates that the buyer has accepted the newly modified terms.

    International Consent to Processing

    All users in any part of the world agree to the collection and processing of any information that they have provided in the United States. Users consent to this by providing such information, personal or otherwise. See the privacy policy for more details about our data collection policies.

    As our offices are in the United States, we run and contribute to the site from the United States and do all processing there as well as at the location of those who are service providers.As per our location, all materials and content of the site are not presented to be deemed legal or appropriate for those using the site internationally.Users visiting the site from locations outside of the United States do so willingly and will be solely responsible for their cooperation with and observance of the laws of the country in which they are using the site from.

    Users may only use the site in accordance with laws both locally and in the United States. The Site is intended only for legal usage and may only be used for legal and lawful activities.All users agree to abide by these laws and agree to abide by all laws in regards to the collection and transferral of information sent from the United States or the location of Site accessas well as import and export laws of items from the United States to the buyer's country.

    Responsibilities of Showplace Regarding the Site

    Showplace's Site acts as an E-Commerce site where "Dealers" or "Galleries" chosen by Showplace are able to sell their merchandise ("pieces""goods""items" etc.) to Buyers ("Users").

    Dealers are responsible for the information that they provide about the items that they have for sale; it is not the role of Showplace to verify that information through research or opinion.

    Showplace does not take responsibility for the transfer of titles or legal ownership from a Dealer/Gallery Owner to the Buyer. 

    NYShowplace.com's content, branding, upkeep, and revision is the sole responsibility and under the total control of Showplace. The Site and its contents may be changed only in accordance with the oversight of Showplace.

    In the event that a Buyer and Dealer have a dispute over a sale or merchandise, Showplace reserves the right to mediate at their own discretion. If Showplace deems it necessary to mediate in these disputes, the decision reached by Showplace is the final decision and no challenges, appeals, or reversals can be made by any party.

    User Eligibility

    All participants, account owners, and users of nyshowplace.com must be over 18 years of age. The Site is not recommended or intended for those under the age of 13 years old and does not knowingly collect information from children (for further insight on the information that we do collect, please refer to our privacy policy). NYShowplace.com is intended for experienced buyers who have prior knowledge of and are well informed about buying items with online photos as representation of an object for purchase. The use of the Site indicates having such knowledge and/or experience.


    Termination of Site Use

    Showplace may refuse the use of any part of the website in any wayto any person or entity, at the sole discretion of Showplace, for any reason at all deemed substantial enough by Showplace to discontinue use or service.

    Creation of Login and Account Managment

    In order to use certain features of the Site, registration will be required.

    Those who decide to register for an account via nyshowplace.com will be required to make specified information available. All registrants must create a password in order to keep their account secure. Passwords as well as other account information such as username and any other information provided should be kept safe and should not be shared with others. Those with accounts can provide additional information for their account at their own will and they can view and edit this information in their "Account Dashboard."

    After registering, users with accounts may terminate their registration at any time. Termination requests must be mailed to sales@nyshowplace.com from the email address associated with the account and specified during account registration. No other account termination requests will be accepted from other methods of contacting us.

    Site Access, Content, and Availability

    Access limitations as well as invalid or erroneous content to the website stemming from the server, Showplace's location in the United States, or elsewhere may appear on or within the site due to the internet's sometimes unreliable nature. Showplace will correct any invalid or erroneous information that comes to the attention of the website admin and these corrections may at times have an impact on pricing or product information. These corrections also take precedent over any purchases in progress that rely on incorrect information and we have the right to void these transactions if deemed necessary by Showplace.

    Showplace may also choose which parts of the Site appear online and may make parts of the site unavailable whenever they deem it to be necessary to do so. Showplace is not responsible for any repercussions of lack of service or accessibility to certain parts of the site.

    Dealer/Buyer Relationship

    On the Site, Dealers/Gallery Owners are responsible for providing accurate descriptions of the merchandise that they intend to sell via the Site to Showplace representatives. They are also responsible for providing all payment of legal fees such as taxes, duties, or VAT to the proper authority.

    It is solely the User/Buyer's responsibility to research the items they wish to purchase and therefore determine what the value is in regards to the item's condition and authenticity. The buyer must also pay the full purchase price via the Site which is not limited to but does encompass legal fees such as taxes, duties, and VAT. The Buyer must also cover shipping costs for  all Items purchased whether via the site or through their own methods of communication that started via the site.

    The agreements between the Buyer and the Dealer shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

     

    Product Descriptions, the Role of Showplace, As-Is Merchandise, and Item Availability

    It is the buyer’s responsibility to know all the conditions and corrections before sale. 
    All items are sold “As Is” and Showplace makes no warranties or representations of any kind with respect to any property offered for sale, since the admin is acting solely as a broker and, unless otherwise stated, Showplace does not own the property for sale. Therefore the admin makes no warranties in respect to the catalog description or any other statements of attribution, authenticity, provenance, origin, size, age, or condition of any property up for sale. 

    Buyers must rely on their own knowledge when purchasing merchandise. ALL SALES ARE FINAL, therefore it is crucial that the buyer knows all the information about a lot before purchasing it.

    All statements contained in the online catalog or in any bill of sale, invoice, or elsewhere as to the authorship, quality, variety, provenance, importance, exhibition and literature of historical relevance or physical condition are qualified statements of opinion and not representative or warranties. 

    As a Site and as a business, Showplace deals in Antique items. Since most of these items are one of a kind and are also offered for sale via other venues, all sales are dependent on availability and are offered without warranty.  All items are presented for sale "As-Is." No statement made by Showplace can be viewed as any type of warranty, no matter the importance of the object historically, its ability to be used for a certain purpose, or any other statement that has been made about an object available for purchase. The responsibility to find an item that is fit for a suitable purpose falls solely on the Buyer and they may purchase an item and deem it acceptable for their purpose [for purchasing] on their own accord. Buyers are welcome to have experts evaluate items that are available for purchase and are responsible for paying these experts. Buyers are responsible for finding these experts, arranging for the experts to see the object, and are doing so at their own risk and are solely responsible for any costs that bringing in an expert might incur.

    Sales through the Showplace Site

    Buyers may purchase items through the site by making an offer either via the existing console (including login and account creation) or via calling or emailing Showplace.  They may purchase items through the console without contacting or making an offer on the product or may choose to interact with a Showplace representative in order to proceed with purchase. Once a price has been agreed upon, the buyer must present valid payment information in order to continue with the purchase. Purchases include all aspects of the transaction and may include the item's price, shipping fees, sales tax and any charges incurred by shipping an item internationally (including but not limited to VAT) as well as all other legal taxes that Showplace is required to collect by law at that time. Offers to purchase are seen as agreement to pay the full price of the object and are irrevocably binding. By accepting an offer, Dealers are agreeing to sell the item for the price decided upon. Offers and agreements on price may not be cancelled by the Buyer once decided upon unless the full price was not presented to the User (such as a shipping quote which may have been unknown when the offer was made).

    "Make an Offer" Sales

    The Admin can mark items price-negotiable after being advised to do so by the Dealer who is offering the item for sale on the Site. Customers are able to make offers on these items via the console once they have signed in to the site. Buyers may not terminate or otherwise cancel an offer once the offer is made unless they cancel due to costs existing outside of the stated price (such as unknown shipping fees). The offer will be reviewed by a Showplace representative who will respond to the offer (after communication with the Dealer) before a stated period of time. The customer then has a certain period of time to respond to any counter offers that are made if the initial offer is not accepted. If the stated time lapses for either the Buyer or Showplace, then the offer expires. All counter-offers function as an agreement that the Dealer will sell the item for that price and indicates that the item is available for sale should the Buyer agree to that price within a stated period of time. If a price is agreed upon by both Buyer and Showplace representative, then the Buyer will confirm the order and then proceed with the purchase via the Showplace console.

    Once an offer is accepted and the customer has been prompted to proceed and has confirmed the offer via their dashboard that means that an agreement on price has been met and that the item is available. Should an item be no longer available, or if there was an error that resulted in an invalid price negotiation or agreement, Showplace reserves the right to cancel the order and to void any agreement on price for purchase without penalty to any party. All negotiations resulting in an agreement in sale terms serve as a binding contract between Buyer and Dealer to go through with their respective roles resulting in the purchase of the item. Should the customer leave the item in their cart for more than 48 hours after an agreement has been accepted, according to the "Make an Offer" agreement confirmed during the initial "Make an Offer" process, Showplace is authorized to charge the customer's credit card for the agreed-upon amount.

    Payment

    After a sale has been confirmed, the buyer is obligated to provide valid payment for the agreed upon price including the price of the object as well as all taxes, duties, shipment payments and any other fees that they are required to legally pay. This confirmation serves as agreement to Showplace's authorization to charge the buyer via their specified method of payment for the specified total purchase price. If the Buyer chooses to cancel or refuse payment via any method and does make payment equaling the agreed upon total price, then they are liable for the total amount owed as well as any additional costs incurred due to the delay of sale of the Item including but not limited to taxes, storage and handling fees if applicable. The Buyer is also liable for any additional costs that include but are not limited to costs incurred in attempt to collect any amount including but not limited to legal fees and costs related to currency fluctuations. If the Buyer's payment defaults, Showplace may keep any prior payments and may cancel the sale in order to settle the matter with the Buyer. These payments will be kept due to the improbability of Showplace or the Dealer to receive compensation due to Buyer Default in court and therefore will be seen as reasonable compensation to Showplace and/or the Dealer for damages suffered and constitutes liquidated damages and not a penalty.

    Shipping

    Buyers are provided with the option to provide their own shipping and may do so with whatever method and company they arrange to do so. The Buyer is responsible for all costs incurred through these shipping methods including but not limited to insurance, handling, and crating. The Buyer is responsible for paying the company/persons with whom they choose to set up shipping with. Buyers may also decide to arrange shipping through methods suggested on the Showplace website. These shipping costs will be quoted before they are added to the complete cost of the transaction.

    Responsibility for the shipment of items that are going through the Buyer's specification, payment, and plans are no longer the liability of Showplace or the Dealer once the item has been given to the specified company. For shipments that have been arranged via Showplace, the items are no longer a liability for Showplace once they have been handed off to the carrier that Showplace has provided. All items sent without insurance are sent at the risk of the buyer.

    Shipments within the United States are all insured at the buyer’s expense for the total cost, which includes the purchase price, buyer’s premium, and taxes. Shipping prices include relevant handling and material costs.

    International packages are fully insured unless the buyer requests otherwise.

    Buyers can use alternative shipping options at their expense. All items are shipped within 7 days of receipt of payment.

    Site Changes and Right to Monitor Site Activity and Terminate Transactions

    Showplace may use the site in order to monitor activity and content, however we will do so in circumstances that we deem necessary by our own discretion. Instances may include but are not limited to illegal activity, regulations or rules that are pertinent during buyer and dealer transactions. We reserve the right to take action at our discretion. The actions that Showplace may make may include suspension of account, termination of account, termination of sale, reversal of sale, removing parts of the website, limiting accessibility to any or all pages of the website, and investigation of Buyer credit cards.

    At any time, Showplace alone may remove any item or edit any content on the Site. These omissions and edits may be done without any notice and for any reason.  Showplace also may terminate any transaction or refuse service to any user if it deems these refusals necessary; Showplace is the only entity that may deem what is necessary in these instances. Showplace's decision to withdraw products, access, or information from the Site is done without liability to other parties including Dealers, Users, and Buyers.

    Rentals

    Merchandise on the Showplace website is available to rent at the Dealer's discretion. Should a dealer approve a rental request, they are able to set their own rental fee. Showplace or Dealers may decline for any merchandise to be rented to any person for any reason and that decision is final. Should merchandise be returned late or returned in different condition from which it was sent out, as per the rental agreement, the renter will owe the full purchase amount for that item. Showplace reserves the right to request a credit in photographs taken out on rental. By using this site as a resource for potential rentals, users agree to these rental terms as well as the terms listed on the forms that accompany any and all Showplace rentals.

    Approvals

    Should a Buyer want to take an item (or items) out on approval, they must return the item(s) in the original condition within the time specified. All approvals require an amount of paperwork to be completed in order for the approval to take place. No items may be photographed for marketing purposes or otherwise while out on approval. Items taken on approval are not available for use in any ceremony or event. Should photographs of items taken on approval but not purchased through either the Showplace Site, over the phone, or in person be used for marketing, social media purposes, or otherwise, then the Buyer will be sent an invoice for the rental fee of those items. If any approval items are used before purchase in a ceremony, event, or any other type of unauthorized use, the customer will be charged a rental fee.  By using this site for the research and facilitation of approvals, all Users agree to these terms as well as the terms listed on the approval forms that accompany any and all Showplace approvals.

    Site Use

    Users of nyshowplace.com may only do so for lawful purposes. Use of the site for unauthorized purposes is strictly prohibited and may result in termination of user account, ban from website, and legal action. All interactions (including but not limited to the upload or download of any and all information as well as any information that is posted on the site) that the Buyer/User takes part in on the Site are of their own accord and are the sole responsibility of the Buyer/User. Any resulting consequences that stem from User activity on the site are the responsibility of the User and Showplace is not liable for these actions and consequences. Showplace cannot be held accountable for interactions between Users as well as any action that is taken by a User on the Site. Showplace prohibits users from using the site for purposes including but not limited to using false payment methods or those that are illegal, making an account or taking part in interactions that involve the invalid use of another individual's identity in any way, inappropriate or unlawful conduct, conduct that is in violation of any local, national, or international laws or regulations, infringement on any copyright laws or any regulation resulting in lack of compliance with any law or accepted Internet protocol, the use of the site to violate the privacy of another person, any attempts to infiltrate the security of the site, network, server, or any part of Showplace including attempting to gain unlawful access to any of the online or physical Showplace site.

    Showplace reserves the right to press charges on any individual who uses the site for illegal activities or for means such as those that would result in the security of the site being compromised. Individuals are strictly prohibited from attempting to use the site as an admin unless it has appeared in writing from a Showplace representative that they may do so, from attempting to gain access to any part of the site without proper authorization, attempting to assess what would be needed in order to compromise any security of the site, from in any way assessing or trying to access or interrupt the host, server, network, via use of any software including but not limited to viruses, worms, phishing, Trojan Horses, or any type of coded threat to the stability of the Site, network, server, or any other part of the Site or those contributing to the site. This includes any type of DDOS, or attempt to access the site or use any of the sites components in a way that would cause the site to be inaccessible or render it unusable in any capacity for any period of time. Showplace also prohibits using the site to market or send spam email to the site or any of the admins or email addresses listed on the site as well as impersonating any part of the site through any electronic interaction either on Showplace's Site or another Site.

    User Generated Content

    Showplace is not responsible for any content that outside parties post on the website either in comments or reviews. We will not hesitate removing any content that we deem unfit for display on the site for any reason, and it is Showplace's right to do so. All submitted content that Users Provide (meaning anything that they submit to the website either in comment or via reviews, photos, or any other part of the site that users are able to add information to) is done with the knowledge that this content will be viewed by the public and should not be submitted if it was intended to be private.

    User content may not be: submitted without permission of the owner in the event that it infringes on any proprietary right, and it may not impersonate or forge any sort of identity, contain any false and damaging information, contain any illegal or offensive material that includes but is not restricted to any information that encourages or represents conduct that would be considered illegal, offensive, or inappropriate.  Likewise, submitted content may not utilize any technical part of the site in a harmful way including code, meta tags, or any similar type of harmful manipulation as well as any content that could damage, offend, or attack any Dealer, Admin, Representative, or other related Showplace associate.

    Showplace does not take any responsibility for any content posted on the Site. By posting on the site, Users indicate that they have the right to post any contributions and are not infringing on any copyright or other proprietary laws. Buyers represent that they have the rights to distribute and replicate any content that they are responsible for posting and that the posting of such content will not do harm to any person or entity. Users represent that any contributed content is correct and does not misrepresent any organization, affiliation, entity, or identity.

    Showplace may remove or edit any information that is submitted by users to the site. Showplace is not responsible for what is submitted and no opinions or statements submitted as content by users is in any way representative of any views or opinions that Showplace may have on any matter at any time. We may but are not obligated to monitor content and do not endorse or guarantee accuracy of any content submitted by any User or Dealer. We are not liable for any content on the Site generated by any User, Dealer, or any type of Third Party.

    Copyright

    Please contact us if you believe that the Site features information or intellectual content that you feel infringes on copyright.  Please contact us with name and contact information of the representative of those parties who own the copyright to the information or property that has been allegedly infringed upon, an indication of where the infringement has occurred both on the site and where it originally exists, contact information of the person making the complaint as well as a written statement of why the complaint is being made, and a statement made by you that the information is accurate to your knowledge and that you are either the owner of the copyright or are legally able to represent the owner of the copyright. This information can be sent to NY Showplace Antique + Design Center, ATTN: Copyright Dept., 40 West 25th Street, NY, NY, 10010.

    If you are not a representative or owner of a perceived violation of copyright on this site and would like to let us know that content from our site may infringe on an existing copyright, please feel free to let us know via sales@nyshowplace.com.

    All content on the Site including the logo and branding belongs to Showplace, who is the only authorized user of that content unless expressed otherwise. Showplace owns the copyright and license to all content, trademark, service mark, or any similar type of content or branding. Use of the site does not indicate Showplace's consent to use any of the Site's content, written or otherwise for any purpose unless written authorization is present. You may not reproduce, sell, or use any of this content in any part or whole. All use of the site commercially may only be done with our written consent.  Includingany type of material on the Site does not imply that it may  be used or replicated in any way unless authorized by Showplace. If the content on the Site is used in any unauthorized way, it may result in the breaking of copyright laws as well as other applicable either locally, nationally, or internationally.

    Images on the Showplace Site have been produced for the use on the Showplace website and we do not give permission to display them elsewhere. If these images are used in other capacities on other sites we reserve the right to ask for them to be taken down. The use of these images without our consent violates copyright law. Showplace may modify these images and use them at any time for any purpose.

    Information on the site such as design, graphics, text, as well as other unnamed components are protected by law including copyright law. The use or display of any logos, design, text, trademarks, or other copyrightable material must be consented to by Showplace in writing for approved use.

    In order to link to any part of the Site, Showplace must provide written approval. If any unauthorized links to the site appear, we reserve the right to ask for the links to be removed or edited for any reason at any time. We also reserve the right to decline any request to link to the Site. In order to acquire permission to link to nyshowplace.com, please email us at sales@nyshowplace.com

     

    Third Party Sites

    nyshowplace.com features links to some third party websites. They are not under the control of Showplace and we are not liable for their contents. These sites do not serve as a representation of any opinions backed by Showplace. Terms stated on these third party sites apply to conduct and interactions that take place via those pages and these interactions exist entirely outside of Showplace. Accessing these third party sites is done at the User's own risk. We do not claim association with these sites and do not endorse any content featured on these sites. At any time, Showplace may make any link inactive, edit any link, or completely remove all links in general.

    Indemnity

    All Site users agree to defend, indemnify and hold Showplace.com, 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 of Items. This indemnification obligation will survive the termination of these Terms and your use of the Site.

    Warranties

    Through using the site, all Buyers/Users indicate that they are aware and agree that Showplace presents its site and all of its contents on “AS-IS” AND “AS AVAILABLE” BASIS. Showplace provides no guarantee or warranty of the availability or condition of any item on the site and this claim includes but is not limited to conditions such as that information, products, or content on the Site is suitable for specific uses of the buyer, or that the Site will always be accessible. Dealers featured on the Showplace website do so at their own risk and Showplace has no responsibility for the behaviors, business practices, or reputation of the dealers featured on the Showplace site. Any disputes with items purchased through the site that exist between User and Dealer must be settled directly between those two parties. Showplace edits information on the site according to our own discretion and is not obliged to change any information at the request of an outside party. Showplace does not guarantee that any of the products or information on the Site corresponds to any description or perceived verity of photo content whether it be color, size, dimensions, description, or otherwise. Showplace cannot be held accountable for distortions that are caused by the display on any computer monitor or any of the consequences of these distortions. No portion of NYShowplace.com is meant to be seen as a warranty which includes but is not limited to content, images, information, communication, or messages.

    Users of the Site do so at their own risk and Showplace cannot be held responsible for any consequences that stem from the usage of this site either via downloads or otherwise. Those who are not happy with the service are welcome to cease use of the Site.

    Contact Information

    If you have any questions or concerns about these terms or any part of the Site, please contact us atShowplace Antique + Design Center, 40 West 25th Street, New York, NY 10010 or email us at sales@nyshowplace.com.
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