Welcome to Klassik Mobelkunst (KM) on http://www.klassikmobelkunst.com (the Site). Any person who wants to access the Site to buy or sell goods items) or to use the other features provided (collectively, the Service) must accept these terms and conditions (Terms) without change. In particular, by registering as a user you acknowledge that you have read and understood the clauses relating to KM's disclaimer of warranties and limitation of liability.
Only visitors to the Site who accept these Terms may participate in buying or selling on the Site.
Under the Service, items require to be offered by sellers for sale at a fixed price (Fixed Price Sales). The price of any items sold using the Service (including the applicable delivery charge) are displayed inclusive of all sales and other taxes, which may be applicable.
Buyers are required to pay sellers in the currency in which the Fixed Price Sale is listed.
KM and the KM community work together to keep the Site working properly and the community safe. The following items must not be listed on the Site by sellers or purchased by buyers: (a) offensive or obscene material; (b) items that infringe another party's copyright, patent, trademark, design right or other intellectual property; (c) items whose sale, distribution or offering for sale is prohibited by any applicable law; and (d) any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
KM does not review all of its users' listings or postings and provides no guarantee as to their accuracy, quality, safety or legality.
While KM helps facilitate transactions that are carried out using the Service, KM is neither the buyer nor the seller of the seller's items. KM is not an auctioneer or intermediary between the buyer and the seller. KM provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of these Terms. KM is not the agent of either seller or buyer in their dealings with each other and has no authority to legally bind either of them. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. KM is not obliged to and will not mediate between buyers and sellers or enforce or execute fulfilment of any contract and buyers and sellers use the Site and the Service at their own risk.
At the date of these Terms use of the Site and the Service is free to users. KM reserves the right to charge a small membership fee on giving notice to users to cover server costs to the extent not met by Site advertising revenues.
KM retains the right to prevent or restrict access to the Site or the Service, or take any other action to restrict access to or availability of or remove any objectionable material. KM reserves the right to refuse listings or to immediately remove any listings where KM objects to how you identify yourself on the Site (including, but not by way of limitation, your name, branding or marks).
Licences By listing an item, you grant KM a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings.
KM's Grant KM grants a limited non-transferrable licence to each user to make personal use only of the Site and the Service in accordance with these Terms. This licence expressly excludes any resale or commercial use of the Site and the Service and modifying, distributing, copying, republishing or making any derivative of the Site or the Service. Subject to this licence KM reserves all right, title and interest in its intellectual property rights in the Site and the Service.
The Site and the Service are provided on an as is basis. KM makes no other representations or warranties of any kind, express or implied, including without limitation: (a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the Site or the Service will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) the information, content, materials or products included on the Site will be as represented by sellers, available for sale at the time of listing, lawful to sell, or that sellers or buyers will perform as promised; (d) any implied warranty arising from course of dealing or usage of trade; and (e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of KM. To the full extent permissible under applicable law, KM disclaims any and all such warranties.
If a dispute arises between one or more users each of you release KM (and its employees, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
To the fullest extent permitted at law, KM will not be liable (whether in contract, tort-including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with the Site (including but not limited to the accuracy, quality or legality of any listings or postings therein), the Service, the inability to use the Service or those resulting from any items purchased or obtained.
Despite anything else contained in these Terms, KM does not exclude any liability for death or personal injury to the extent only that it arises as a result of the negligence of KM, its employees, agents or authorised representatives.
All notices to users will be sent by email to the email address maintained in our records or will be posted on the Site. Users will send notices to KM at our current email address published on the Site.
By using the Service you agree to KM's storage and use of the personal information provided by you and (unless you advise KM otherwise) you agree that KM may send you emails regarding the Site or the Service including any improvements thereto. KM will not pass your details to third parties.
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales and you irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales.
Sellers Warranties By listing an item for sale you represent a warrant to prospective buyers that: (a) you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and (b) that the listing is accurate, current and complete and is not misleading or otherwise deceptive.
You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country).