General Information
The Website is owned by Maasbeeld from Rotterdam,
The Netherlands.
You acknowledge that Maasbeeld is not a traditional
auctioneer. Instead, The Website is a venue to allow
professional and registred antique- and fine art selling
companies as well as registred antique related branches
which are members of the local Chambre of Commerce
(or if not existent in your country, which are registered
by an official representative of professional traders)
to offer and sell.
The following terms and conditions apply to all persons
and/or business entities ('Subscribers') using The
Website of Maasbeeld.NL, Inc. ('Maasbeeld').
(Maasbeeld means: view on the river Maas, while Maas
is also the family name of one of the two founders
of Dream-Antiques.com.)
A. General Conditions
Article 1 Definitions
These General Conditions are applicable to the website
and the services rendered by The Website. The Website,
subscriptions and accompanying services are activities
of Maasbeeld, Rotterdam, The Netherlands.
Provider of services: Maasbeeld
User: visitor of the website Dream-Antiques.com
Subscriber: presenter of articles for sale on Dream-Antiques.com
Article 2 Your acceptance of this agreement
2.1 This is an Agreement between you and all persons
you represent (and for purposes of this Agreement, "person" includes
natural persons and any type of incorporated or unincorporated
entity) and Maasbeeld regarding your access to and
use of the Dream-Antiques.com website and all content,
information, products and services available on or
through Dream-Antiques.com (collectively, the "Website").
2.2 Each time you use The Website you signify your
acceptance and agreement, and the acceptance and agreement
of any person you purport to represent, to be bound
by this Agreement as it then reads, and you represent
and warrant that you have the legal authority to agree
to and accept this Agreement on behalf of yourself
and any person you purport to represent. If you do
not agree with each provision of this Agreement, or
you are not authorized to agree to and accept this
Agreement on behalf of the person you purport to represent,
you may not access or use The Website.
2.3 This Agreement is in addition to any other agreement
you may have with Maasbeeld, including a transaction
agreement.
Article 3 Changes to this agreement
Maasbeeld may, in its sole
discretion, change this Agreement from time to time
as it relates to future use of The Website, by posting
a revised Agreement on The Website and put a date according
at the top. By using The Website after this revised
Agreement has been posted, you signify your acceptance
and agreement to be bound by the revised Agreement.
You may not change this Agreement in any manner.
Deviation from these general conditions is only possible
through means of a future written agreement. These
General Conditions stay applicable unless applicants
agree differently in a future (another) specific agreement.
This specific agreement only concerns the mentioned
circumstances in it.
Article 4 Ownership and permitted use of The Website
4.1 The Website (including all content, page headers,
custom graphics, button icons, and scripts and the
presentation, arrangement, coordination, enhancement
and selection of such and other information in text,
graphical, video and audio forms, images, icons,
software, designs, applications, data, and other
elements available on or through The Website) is
the property of Maasbeeld, and is protected by Dutch
and international copyright, trademark and other
laws. Your use of The Website does not transfer to
you any ownership or other rights in The Website
or its content. The Website is made available to
you for your lawful, personal use only. You may use
The Website only in the manner described expressly
in this Agreement and subject to all applicable laws.
Using The Website for any other purpose or in any
other manner is strictly prohibited.
4.2 You may print Website pages provided that you
do not modify any of the pages and you do not remove
or alter any visible or non-visible identification,
marks, notices, or disclaimers. The Website and its
content may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued,
mirrored or distributed in any way, in whole or in
part, without the express prior written consent of
Maasbeeld. You may not sell or resell any part of The
Website or access to The Website. You may not use any
of the software that is used in the operation or provision
of The Website except while you are using The Website
in accordance with this Agreement.
Article 5 Position of Maasbeeld
5.1 Maasbeeld is not involved in the actual transaction
between buyers and sellers and has no control over
and does not guarantee the quality, safety or legality
of items advertised, the truth or accuracy of listings,
the ability of sellers to sell items, the ability
of buyers to pay for items, or that a buyer or seller
will actually complete a transaction.
5.2 Subscriber and user acknowledge the non liability
of Maasbeeld for any (non)completion of transaction.
Maasbeeld does not transfer legal ownership of items
from the seller to the buyer.
B. Conditions for subscribers
By registering as a subscriber you accept all the
conditions of this agreement and agree to have a contract
of service delivered by Maasbeeld, Zuidpolderstraat
49, Rotterdam, the Netherlands.
Article 6 Trial subscriptions
The general conditions fully include the trial-subscription,
with the exclusion of the next deviations:
the trial-subscriptions differ from the normal subscription,
in that they have different fees. There are two choices
for a trial subscription: choice 1 is a 3
months trial with
following it an optional* monthly subscription - it
lasts for a period of three months, starting at the
subscription date;
choice 2 is a yearly subscription with 3 months extra
for free, so 15 months as a total in the first year.
At the expiry date of the trial-subscription period,
i.e. three months or fifteen months, the subscriber
automatically agrees to accept and pay the monthly
or annual subscription fee, which will start on the
expiry date of the trial subscription, *unless
subscriber unsubscribes untill two weeks before this
expiry date, by fax or email.
Article 7 Subscribers Dream-Antiques.com
7.1 One can participate with The Website through registration
as a subscriber. Subscription is open for registred
antique selling companies as well as registred antique
related branches which are members of the local Chambre
of Commerce.
The subscriber registers by filling up the whole participation
form truthfully, by accepting the General Conditions
and by paying via PayPal.
The subscriber receives a conformation of registration
on the given email address from Dream-Antiques and
from PayPal.
7.2 By registering as a subscriber of The Website
one obliges oneself to pay the preliminary set yearly
or monthly contribution. Exceptions are made for trial
subscriptions.
The rate of the yearly or monthly contribution can
be changed by Maasbeeld but only after
given due notice to the subscriber three months before
the subscriptions expiry date.
7.3 Maasbeeld has the right to refuse
or prohibit a subscription of The Website to anyone
who is under age and other subscribers without abilities
to enter into binding contracts, to persons who have
given inaccurate information, to those who have performed
illegal behaviour towards Maasbeeld or another party
concerning Dream-Antiques.com or to those who do not
keep one or more terms of this agreement.
7.4 The subscriber is responsible for the correctness
and completeness of the by him or her registred information
and obliges him/herself to keep this information up
to date and to change it if nessecary.
Article 8 Presenting and Selling of Antiques
8.1 Subscriber is allowed
to present his/her goods, with a maximum of 150 articles
at a time. Subscriber
has to present these antiques in the most suitable
category.
8.2 After selling the subscriber needs to take care
of de-activating those goods within one week, or to
notify that the aarticle is sold.
8.3 With the registration of goods the subscriber
obliges him/herself to give information on the goods
that is or contains:
- truthfull, complete
and precise in description;
- not concerning stolen and/or fake property;
- not belonging intellectually or privately to a
third party -including copied material;
- not against all applicable national or international
rules or law on consumer protection, copyright, trademark
and other;
- no threatening, blasfemous, discriminating or objectionable
messages;
- no obscene messages or childrens pornography;
- no texts on contemporary arms or ammunition;
- no racist or resentfull texts;
- no computervirusses or other programming routines
which are meant to damage, deregulate, disturb or
controlling computersystems, programs or website.
8.4 Maasbeeld reserves the right to refuse or delete
any given texts, images or other data by her own reasonable
insight.
Article 9 Subscribers Responsability
Maasbeeld, its suppliers, or other third parties mentioned
at the Website will in no event be liable for any
damages whatsoever (including, without limitation,
those resulting from lost profits, lost data or business
interruption) or be responsible for texts, photographs
or other contents on The Website arising out of the
use, inability to use, or the results of use of this
site, any web sites linked to this site, or the materials
or information contained at any or all such sites,
whether based on warranty, contract, tort or any
other legal theory and whether or not advised of
the possibility of such damages. If your use of the
materials or information from the Website results
in the need for servicing, repair or correction of
equipment or data, you assume all costs thereof.
Article 10 Login names and passwords
10.1 Certain areas and features of The Website are
accessible only to users who have been issued a login
name and password (collectively "Codes")
by Maasbeeld. For the purposes of accessing The Website,
the Codes remain the property of Maasbeeld and may
be cancelled or suspended at any time by Maasbeeld
in its discretion without any notice or liability to
you or any other person.
10.2 Maasbeeld is not under any obligation to verify
the actual identity or authority of any person using
Codes to access and use The Website. Maasbeeld may
act upon any communication that is given with the use
of Codes. Maasbeeld may in its discretion at any time
require proof of the identity of any person seeking
to access and use The Website, and may deny access
to and use of The Website or parts of it or refuse
to accept or act upon any communication if Maasbeeld
is not satisfied with such proof.
10.3 If you have been issued Codes: (a) you are fully
responsible and liable for the security of the Codes
and any and all use and misuse of the Codes; (b) you
will keep the Codes secure and confidential at all
times and not disclose the Codes to any other person
or permit any other person to use the Codes; (c) you
will ensure that all uses of the Codes comply with
this Agreement; (d) once you have logged-on to The
Website using the Codes, you will not leave the computer
terminal used to access The Website unless and until
you have terminated the session and logged-off The
Website; and (e) you will immediately notify Maasbeeld
by telephone +31-10-4865188 or email to:info@Maasbeeld.nl
if you know or suspect that any Codes have been lost
or stolen or become known to or used by any other person.
Article 11 Force Majeur/ Circumstances beyond ones
control
In case of hindrance of The Website caused by not foreseen
circumstances the obligation to fulfill its duties
will be postponed to further notice. In such a case
Maasbeeld will inform its subscribers as soon as possible.
After thirty days in such circumstances Maasbeeld has
the right to dissolve the agreement by sending a written
notice to the subscriber. After such is done neither
party will be able to lay any claim on the other concerning
this agreement.
Article 12 Contract Terms
The beginning of the monthly or annual subscription
will be counted exactly three months after the subscription-date.
Minimum term of the annual subscription is twelve months,
minimum term of the monthly subscription is one
month.
After expiration of the term the subscription will
be silently renewed with the same term unless the subscriber
cancels the agreement through written notice.
The subscriber may terminate the subscription at any
given time till 14 days before the expired
term.
Unsubscribing is done by
contacting Dream-Antiques by email to info@dream-antiques.com or by fax at +31 (0)84 83 23 006.
Article 13 Paying Conditions
13.1 Payment is done via PayPal or Credit Card into
the account of Dream-Antiques-Maasbeeld on PayPal.
Cancelling payment is done by unsubscribing (for conditions
see article 12).
13.2 If payment is not done via PayPal or Credit Card,
invoices concerning subscriptions and other matters,
such as placement logos, have to be paid within 28
days after invoice date, without discount or compensation,
unless there is a written statement of a different
term of payment.
13.3 Payments can be transferred into the accountnumber
of Maasbeelds account as written on
the invoice.
Article 14 Consequences of due payment
14.1 In case of due payment
to Dream-Antiques-Maasbeeld of any amount by a subscriber,
Maasbeeld will charge a 1 % monthly interest over the
total amount untill the total amount has been paid
for. Maasbeeld is not obliged to send a sommation before
doing so.
A part of one month will be considered as one month
while calculating the interest rate.
14.2 In case of due payment of any amount by subscriber
to Maasbeeld, all costs concerning this due payment,
judicially or extra judicial will be the sole responsibility
of the subscriber, who will refund these costs if asked
to do so. The extrajudicial calculation of accounts
will be fixed on 15 % of the total due amount, with
a minimum of 50 euro. When using an International Collection
Agency to collect overdue payment, this agency is free
to deviate from these calculations.
14.3 In case of suspension of payment or bankruptcy
of subscriber all invoices will be charged immediatly
without the need of summoning or serving notice upon
the debtor.
Article 15 Disclaimers and limitation of liability
15.1 Subscriber accepts Maasbeelds non liability for
any damage caused by any action of Maasbeeld concerning
articles 7.3. and 8.4. of this agreement and subscriber
will refund all costs of liability claims caused
by the prohibitations mentioned in those articles.
15.2 Further, Maasbeeld cannot guarantee continuous
or secure access to its services, and operation of
The Website may be interfered with by numerous factors
outside its control. Accordingly, to the extent legally
permitted, Maasbeeld excludes all implied warranties,
terms and conditions.
15.3 Maasbeeld is not liable for any loss of money,
goodwill, or reputation, or any special, indirect,
or consequential damages arising out of your use of
The Website.
15.5 Maasbeeld does not warrant that the services
or the information or programs contained on Maasbeeld
server will meet your requirements or that the operations
of Maasbeeld server will be uninterrupted or error-free;
nor does Maasbeeld make any warranty as to the results
obtained from the use of Maasbeeld services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE,
SHALL Maasbeeld BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF OR INABILITY TO USE Maasbeeld OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATIONS OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER
OR NOT CAUSED BY EVENTS BEYOND Maasbeeld'S REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD,
COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES.
In no event shall Maasbeeld's total liability for
all damages, losses, and causes of actions, whether
in contract, tort, including negligence, or otherwise
exceed $1.
15.6 YOU USE DREAM-ANTIQUES.COM AT YOUR SOLE RISK.
THESE SERVICES ARE PROVIDED 'AS IS' AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY AN MAASBEELD EMPLOYEE
OR ITS AGENTS SHALL CREATE A WARRANTY.
You shall hold Maasbeeld harmless from any claims
and expenses, including reasonable attorneys' fees,
related to your violation of these terms and conditions.
Maasbeeld will never be liable for any company damage,
consequences of damage or drop in sales of subscriber.
Article 16 Applicable law
This Agreement, your access to and use of The Website,
and all related matters are governed by the laws
of the Netherlands.
On every agreement between Maasbeeld, subscriber and
user, Dutch law is applicable.
Dream-Antiques privacy policy
revised date
2008 29 Jan
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