The Conditions of Business govern the terms of the selling process of property offered for sale on this web site (the “Site”). They create a binding contract between the buyer and the seller of the property. They also create a binding contract between the buyer and FabulousPieces.com.
Any person who buys property on the Site must accept these Conditions of Business without any changes. The prospective buyer (the “Buyer”) agrees to be bound by these Conditions of Business.
The Conditions of Business may be amended by FabulousPieces.com at any time. Any changes to the Conditions of Business will be effective after 14 days of posting on the Site. The continued use of the Site will constitute acceptance by the Buyer of changes to the Conditions of Business.
1. Eligibility to Use the Site.
The Site is offered to professional buyers, including collectors and resellers of decorative items and accessories (“Items”) who are acceptable to FabulousPieces.com in its sole discretion. The Site is designed for experienced Buyers accustomed to buying items based on photographs. Such Buyers are aware that Items are not new, unless otherwise stated, or in perfect condition, and may require touch-up or repairs prior to use and that the available information about these items may be limited. The Site is designed to provide Buyers access to Items as FabulousPieces.com finds them.
2. Operation of the Site.
The Site provides a marketplace for Buyers to purchase Items online. The sale is directly between the Buyer and FabulousPieces.com.
3. Expert Review.
If the Buyer is purchasing a Decorative Item based partially or entirely on its stated provenance, designer or creator, FabulousPieces.com recommends expert review of the Decorative Item prior to purchase. If the Buyer would like an expert to review an item prior to purchase, the Buyer should so note in his/her offer and FabulousPieces.com will try to provide several names and contact information for persons reputed to be experts in items of the type selected by the Buyer so that the Buyer may contract directly for such expert review. Many European experts charge approximately 5% of the sales price to authenticate an item. While FabulousPieces.com believes the experts it recommends to be reasonably qualified, FabulousPieces.com accepts no responsibility for such experts’ work. Unless FabulousPieces.com advises the Buyer that they will “reserve” a Decorative Item pending expert review, the Decorative Item will remain available for sale until the Buyer advises FabulousPieces.com of his/her approval of the item and the FabulousPieces.com confirms the sale. If FabulousPieces.com elects to accept Buyer’s request to hold item for an expert review, no sale shall be confirmed until the Buyer has approved or waived the expert review.
4. The Sale.
All sales are final.
5. Payment of Purchase Price.
Unless specifically approved for any other payment method, the Buyer agrees to pay the Total Purchase Price for each Decorative Item no later than close of business on the seventh (7th) day after the sale has been confirmed, or the next business day if the seventh (7th) day is a business holiday. Buyer may pay the outstanding balance by credit card, by wire transfer or by PayPal.com.
For all confirmed sales for which the Buyer fails to timely make payment, the Buyer irrevocably authorizes FabulousPieces.com to charge any outstanding balance for the transaction to any of the Buyer’s credit card numbers given to FabulousPieces.com by the Buyer. The Buyer authorizes FabulousPieces.com to elect to cancel the sale if the Buyer’s balance is not collectable for any reason, and to retain any Deposit as compensation to FabulousPieces.com for the Buyer’s default.
6. Completion of Responsibility
Once an item has been collected from the seller, either by the buyer, or on behalf of the buyer, the item is deemed delivered and 1FabulousPieces.com has completed it’s service and earned it’s fee for the transaction, and shall have no further responsibility for the item’s location.
7. Shipping.
FabulousPieces.com may elect to offer to assist the shipping process, including facilitating information and payment between buyer and shipper as well as managing and monitoring shipping status on behalf of the buyer. FabulousPieces.com’s recommendation of a shipper is provided for convenience. Buyer is in every instance free to arrange buyers own shipping and may elect to use any shipping company of its choice. Shipping, crating, packaging and freight insurance are the Buyer’s responsibility. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents.
8. Taxes and Import/Export Duties.
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Decorative Item purchased (collectively, “Taxes”). The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer’s obligation. It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Decorative Item from its country of origin and import into the United States or any other country.
9. Import/Export Restrictions.
Some of the Items sold on the Site 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 FabulousPieces.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.
10. AS-IS SALE.
All Items displayed on the Site are sold “AS IS”. FabulousPieces.com makes no guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Decorative 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.
11. Disclaimer of Liability.
The Site is provided on an “AS-IS” and “AS AVAILABLE” basis. FabulousPieces.com makes no representation or warranty of any kind, express or implied, with respect to the Site, any Items offered for sale or sold on or through the Site including without limitation:
(a) any representation or warranty that the Site meets the Buyer’s requirements, will always be
(a) any representation or warranty that the Site 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 Decorative Item;(c) any representation or warranty with respect to intellectual property rights in any Decorative Item;(d) any representation or warranty that any Decorative Item conforms to its description or the colors, texture and detail shown on the Buyer’s computer monitor; or
12. Release and Limitation of Liability.
To the maximum extent permitted by law, the Buyer releases FabulousPieces.com from all claims, demands, liabilities, actions, losses and damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages (including without limitation lost profits, revenue and/or data), related to or arising out of or in connection with the Conditions of Business, the Site, the inability to use the Site, any Decorative Item offered for sale or sold through the Site or any other goods or services purchased or obtained or transactions entered into through the Site. If the Buyer is a California resident, the Buyer waives California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. Refusal of Transaction.
FabulousPieces.com reserves the right to withdraw any Decorative Item from the Site or to amend any content on the Site at any time. FabulousPieces.com may refuse service to anyone at any time in its sole discretion. FabulousPieces.com will not be liable to the Buyer or any third party because it has withdrawn any Decorative Item from the Site, amended any of the content or denied access to the Site.
14. Compliance with Laws.
The Site may be used only for lawful purposes and in a lawful manner. The Buyer agrees to comply with all applicable laws and regulations regarding the use of the Site and any transaction conducted on or through the Site. The agreements between the Buyer and FabulousPieces.com shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15. Fraud.
The Buyer may not register or make offers for any Decorative Item under a false name, use an invalid or unauthorized credit card or use another Buyer’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the Buyer will be denied access to the site and the conduct may be reported to law enforcement authorities.
16. Access and Interference.
All persons accessing this Site agree that (a) they will not, by automatic device or manual process, monitor or copy FabulousPieces.com’ web pages or their content without the prior written permission of FabulousPieces.com; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the FabulousPieces.com infrastructure.
17. Miscellaneous.
If any provision of these Conditions of Business is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Conditions of Business and will not affect the validity and enforceability of the rest of the Conditions of Business. Failure of FabulousPieces.com to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to FabulousPieces.com under these Conditions of Business or at law. The Conditions of Business represent the entire agreement between the Buyer and FabulousPieces.com with regard to the purchase by the Buyer of Items sold on the Site, and the Conditions of Business supersede and replace any other agreement between the parties including but not limited to any previous Conditions of Business as they may have applied between the Buyer and FabulousPieces.com.
18. Use of Site Information.
Except with the prior written consent of FabulousPieces.com, Buyers shall not use or reproduce information on Items available on the Site for purposes other than purchasing Items on the Site; arranging delivery, payment and shipment; and displaying Items to potential retail purchasers of such items.
19. Notices.
Any notices shall be given by postal mail addressed to FabulousPieces.com, 338 Oakton Avenue, Pewaukee, Wisconsin 53702, to the attention of Mary Jo Luellwitz or to the e-mail address FabulousPieces@sbcglobal.net. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless FabulousPieces.com is notified that the e-mail address is invalid, in which event FabulousPieces.com may give notice by postal mail at the address provided to FabulousPieces.com by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
20. Governing Law and Jurisdiction.
The sale agreement between the Buyer and FabulousPieces.com contained in this Conditions of Business are governed by the laws of the State of Wisconsin, USA, and the Buyer, and FabulousPieces.com agree to submit any dispute arising under the Conditions of Business to the exclusive jurisdiction of the Wisconsin Courts.
© FabulousPieces.com, Inc. 2009 - All Rights Reserved
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338 Oakton Avenue
Pewaukee, WI 53072
(414) 315-3921
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Copyright 2008 Fabulous Pieces.com
User Agreement
