Terms & Conditions

By using any or all of the services (the “Services”) provided by antiqueauctions.co.ke at www.antiqueauctions.co.ke (the “Site”), users agree to abide by the following terms and conditions. Please read these Terms of Service carefully before you start to use the website in order to receive the online auction services. By using the website you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree, please refrain from using the website. Antique Auctions have the right to amend this Agreement at their discretion by posting amendments on the Site and such amendments will be deemed to have become effective seven days after their initial posting. This Agreement was last revised on 18th May 2020. Users wishing to register and/or subscribe to the Site must be aged 18 or over and/or be able to enter into legally binding contracts under applicable law. The Services are available to minors only under the direct supervision of their parents or guardians. The Services are not available to users whose subscriptions are suspended either temporarily or indefinitely. Users and/or subscribers of the Services are obliged to provide accurate and complete registration and subscription information and to notify Antique Auctions if that information changes. It is the user’s responsibility to keep his registration/subscription information confidential and under no circumstances should that information be made available to any other person. Users should notify Antique Auctions immediately if they believe there has been any unauthorised use of their registration/subscription information. Information provided by users to Antique Auctions or otherwise submitted to the Site may be used by Antique Auctions to administer the Site and to communicate with users. In order to allow Antique Auctions to use that information in such a way without breaching users’ right in it, users grant to Antique Auctions the irrevocable, non-exclusive, worldwide royalty-free, license to do so. Use of such information shall be in accord with the Data Protection Act 2019. Antique Auctions reserve the right to suspend or terminate a user’s account and his access to the Site immediately and without notification, if they believe a user is in breach of any of the provisions of this Agreement, if Antique Auctions are unable to verify or authenticate any information supplied to them by a user, or if they believe a user has violated or attempted to violate the right of other Site users .Any user whose account has been suspended or terminated may not re-register without prior written consent from Antique Auctions. Fees for Antique Auctions Services are shown on the Site and are incorporated by reference. Antique Auctions have sole discretion to change their policy over fees and Services. All fees are stated and payable in Kenya Shillings sterling unless stated otherwise and users are responsible for paying all fees and all applicable taxes. The Services and provision of antiqueauctions.co.ke are made available only by Antique Auctions and their role is limited to the publication and dissemination of information (“Information”) relating to art, antiques and collectables (“Objects”). All data is provided for information purposes only and Antique Auctions do not act as specialists or experts on any related subject matter. Antique Auctions shall not be liable or responsible for any errors or inaccuracy in the information provided, or for any actions taken by anyone relying on it. Antique Auctions cannot be held responsible for any technical errors or errors in typography or pictorial images.

Antique Auctions do not permit any indecent, obscene, pornographic or other material considered of an adult nature in the Information and cannot be held responsible for it. Antique Auctions make no representation and exclude any warranty, express or implied: (a). on the accuracy of any description, value, provenance, authenticity, quality, attribution, age, culture, source, safety or recoverability of any Object; and (b). the availability, quality, accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Objects, the Information and/or the Site; and (c). that the Site will be secure, uninterrupted, air free or be free from virus. Antique Auctions have no responsibility of the availability or content of any links to other websites that might be contained in the Site. Antique Auctions have no control over the quality of Objects listed, the truth or accuracy of listings, or the competence of auction houses (“Sellers”) to sell Objects or the ownership and right of such persons to sell such Objects. Objects are sold subject to the Terms and Conditions of a Seller and it is a user’s duty and responsibility to understand such Terms and Conditions and/or to deal with the Seller directly. Use of the Services is conditional upon users confirming and accepting they will have no claim or cause of action against Antique Auctions is respect of any sale. Antique Auctions shall not be liable or responsible for the failed delivery of any on line commission bids sent to the Sellers from the site. By using the Services, users agree that in any dispute that may arise between a user and a Seller or with any other user of the Services is a matter for the user and the Seller alone. Antique Auctions are under no obligation to take any action to resolve any such dispute and Antique Auctions, its officers, agents and employees will have no liability for losses, including, but not limited to, loss of profits, special loss, indirect loss, damages, liability, claims, demands, and expenses of any kind arising from or connected with such dispute. Antique Auctions reserve the right and at their sole discretion to make additions, substitutions and modifications to any part of the Site and to alter or cancel the Services at their discretion and will have no responsibility, liability or obligation to users as a result of any such postponement, withdrawal or cancellation.

All rights are reserved. Publication or distribution for commercial purpose of any information contained on the Site is expressly forbidden without the prior written consent of Antique Auctions. All Site material and information is protected by international copyright and similar right. Antique Auctions is a registered trademark and users acknowledge that they may not use the trademark without prior written permission from Antique Auctions. Except as expressly agreed otherwise, any notice from users to Antique Auctions will be given by email to info online@antiqueauctions.co.ke and any notices from Antique Auctions to users will be to their email addresses as specified at registration and/or subscription. Except as otherwise agreed, notice will be deemed given 24 hours after email is sent (unless the sending party is notified that the recipient email address is invalid). Antique Auctions reserve the right to give users notice by certified mail, postage pre-paid and return receipt requested, to the address a user provides in the registration and/or subscription process. In such case, notice will be deemed given three days after the date of mailing. This Agreement is the entire Agreement between users and Antique Auctions with respect to the Services and use of the Site, save as regards any specific agreement in regard to any specific service, in which case, in the event of any conflict the latter agreement shall prevail. If any provision of this Agreement is found to be invalid by any court having competent jurisdictions, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure by other parties to exercise any rights of remedy under this Agreement does not constitute a waiver of that right or remedy. Users may not assign, sub-license or otherwise transfer this Agreement or any rights of access to the Site. Personal information – debit, credit card details, MPESA antiqueauctions.co.ke may make such use of any information (including any personal data) arising from or in connection with or supplied by any User, as is necessary to provide for the effective provision of the Website, the Services and any databases made available through the Website from time to time. antiqueauctions.co.ke also collects certain personal data (including the User’s address, contact number and email address) from the User on behalf of the Auctioneers and the User agrees that antiqueauctions.co.ke is entitled to pass this information to the Auctioneer concerned. The User acknowledges and agrees that antiqueauctions.co.ke has contracted a third party payment processor to manage the storage of User’s payment details and process payment as appropriate to enable payments to Auctioneers. The User’s payment details will be stored in a PCI compliant manner by the third party payment processor and the Auctioneer can process payment via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the User’s information. In completing the bidder registration and providing debit/credit card details and unless alternative arrangements are agreed with the Auctioneer the User authorises the Auctioneer to charge the debit/credit card given in part or full payment, including all fees (including where such fees may lawfully be charged any re-listing fees), for items successfully purchased at auction via the Website should the Auctioneer wish to do so, and warrants and represents that they are authorised to provide these debit/credit card details through the Website and agrees that the Auctioneer is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale. Please read antiqueauctions.co.ke’s Privacy Policy for more information.

Auctioneer Terms
Each Auctioneer will have their own terms and conditions; these terms and conditions may differ from those of another Auctioneer. A Bidder Member accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder Member to ascertain the nature of these terms and to abide by them.

Delivery Policy
We advise that you check with the individual auction house for their delivery options. Most
salerooms insist that you arrange to either collect the item yourself or use an independent
delivery service. The saleroom in question should be able to put you in touch with a local
company who can organise parcel delivery, courier or postal services

Cancellation/Refund Policy
antiqueauctions.co.ke may terminate this Agreement, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. antiqueauctions.co.ke shall have no liability to you or any third party because of such termination or action.

If you want to retract any bids placed through our site you will need to phone the auction house directly at least 24 hours before the sale start time to let them know. In instances where you have placed a bid and won the item you are legally obliged to make payment for and collect that item. No refunds can be issued by Antique Auctions. If you have a problem with the item i.e you feel it does not meet its lot description, you will need to query the Auction House who sold it to you. Once payment has been made for an item it is out of our hands and any complaints or queries about purchased items should be directed at the appropriate Auction House.

Return/Refund Policy
If you are unsatisfied with an item purchased through our site or with the customer service provided to you by any of our auction houses, by all means inform us of your complaint. It is best to contact the saleroom in question directly to resolve issues however as we will only forward on your complaint to them. Refunds will be granted only at their discretion and will be subject to their own terms and conditions.

Cancellation of your antiqueauctions.co.ke Account Should you wish to cancel your antiqueauctions.co.ke account, please contact our customer services department at: Antique Auctions, Gogo Falls Lane, Nairobi, Kenya. Email: online@antiqueauctions.co.ke