Terms of Service - PreLoved Treasures

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER BELOW CAREFULLY.

Welcome to the website (the “Site”) of Preloved Treasures (“Preloved Treasures”). These Terms of Service (“TOS”) govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, these TOS. You agree that these TOS incorporate and include Preloved Treasures’ Privacy Policy available at http://www.prelovedtreasures.com . The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, consignors are subject to additional Consignment Terms governing the consignment of items on the Site, and buyers and sellers of art are subject to the Conditions of Sale. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Service or Site in any way.

DESCRIPTION OF SERVICES

In the Site, Preloved Treasures provides users with access to sales of luxury resale items and art online and related services (“the Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

LICENSE AND SITE ACCESS

Preloved Treasures grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Preloved Treasures’ sole discretion) an unreasonable or disproportionately large load on Preloved Treasures’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Preloved Treasures to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Preloved Treasures.

MEMBERSHIP ELIGIBILITY

You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Preloved Treasures for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your PrelovedTreasures.com account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.

YOUR ACCOUNT

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Preloved Treasures has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Preloved Treasures has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Preloved Treasures immediately of any unauthorized use of your account or any other breach of security. Preloved Treasures reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.

SUBMITTED CONTENT

The Site and Service may provide you and other users with the ability to send messages or post content (together, “Postings”) to or for other users and non-users. Preloved Treasures is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Preloved Treasures may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:

is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
may contain software viruses or malware;

iii. contains advertisements or solicitations of any kind, or other commercial content;

is designed to impersonate others;
contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
contains messages by non-spokesperson employees of Preloved Treasures purporting to speak on behalf of Preloved Treasures or containing confidential information or expressing opinions concerning Preloved Treasures;

vii. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;

viii. contains multiple messages placed within individual folders by the same user restating the same point;

contains chain letters of any kind; or
contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant Preloved Treasures a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Preloved Treasures, and (ii) Preloved Treasures’ authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

AUTHENTICATION AND BRANDS

You acknowledge and agree that Preloved Treasures’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Preloved Treasures in any manner. However, Preloved Treasures fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. See http://www.thePrelovedTreasures.com.com/authenticity.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” 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, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PRELOVED TREASURES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL PRELOVED TREASURES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Preloved Treasures AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Preloved Treasures HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

INDEMNITY

 You will indemnify and hold harmless Preloved Treasures from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Preloved Treasures and such parties, and shall defend Preloved Treasures and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Preloved Treasures will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Preloved Treasures.

FORCE MAJEURE

Preloved Treasures shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Preloved Treasures. In the event that Preloved Treasures is temporarily unable to ship to you a purchased item because of such an event, Preloved Treasures will give you the option of deferring shipment or receiving a refund of your charges.

MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

Any dispute or claim relating in any way to your use of Preloved Treasures Service, the Site, or to any products or services sold or distributed by Preloved Treasures or through PrelovedTreasures.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these TOS as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, CT Corporation, The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Preloved Treasures will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any arbitration will be conducted only on an individual basis between You and Preloved Treasures and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.

ELECTRONIC COMMUNICATION

When you use the Site, Service or send emails to Preloved Treasures, you are communicating with Preloved Treasures electronically. You consent to receive communications electronically from Preloved Treasures and its Site Affiliates (as defined in the Privacy Policy). Preloved Treasures will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

SMS COMMUNICATION

Please read these terms and conditions carefully. By signing up for a Preloved Treasures text messaging program, you expressly consent to receive text messages from Preloved Treasures (“Company”) and others texting on its behalf, including text messages sent manually or through a service, at the telephone number(s) that you provide. You may opt out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Service and Privacy Policy and any other applicable terms and agreements related to your use of Company’s services.

Program Descriptions

Company and its service providers may use automated or manual means to deliver Company text messages to you. Company text messages providing you information about orders, items you are selling, or your account are sent through our primary program (“Service and Support”), while marketing reminders, cart reminders, selling tips, Company-sponsored events, promotions, product launches and marketing messages related to the Company’s goods and services are sent through a secondary program (“Marketing Communications”).

Message Frequency

You will receive a maximum of 10 messages per week per Company text messaging program.

Cost

Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.

Supported Carriers

Preloved Treasures text messaging programs are currently supported for US phone numbers only. Supported carriers may change from time to time, but currently include AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

T-Mobile is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

How to Opt In

To opt in to receive Service and Support text messages from our primary text messaging program, you may opt in on the website and on the iOS app in My Account.

To opt in to receive Marketing Communications text messages from our secondary text messaging program (e.g., marketing reminders, cart reminders, selling tips, Company-sponsored events, promotions, and product launches) you may opt in on the website through the pop-up banner, if you have not yet dismissed it. In addition, you may opt in by texting REAL to 53659. By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Preloved Treasures at the cell number used when signing up. Consent is not a condition of any purchase.

How to Opt Out

To stop receiving text messages, text STOP to reply to a message received

You will receive confirmation that you have opted out of the text messaging program. You can also opt out via My Account.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by updating your number in My Account.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy

Please go to PrelovedTreasures.com to access Company’s privacy policy. Preloved Treasures does not sell customer information.

LINKS

The Site, Service or third parties may provide links to other websites or resources. Because Preloved Treasures has no control over such sites and resources, you acknowledge and agree that Preloved Treasures is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Preloved Treasures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

MODIFICATION AND NOTIFICATION OF CHANGES

Preloved Treasures reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy Policy at any time. If Preloved Treasures makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. Preloved Treasures is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add ThePrelovedTreasures.com.com to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.

After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Preloved Treasures and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Preloved Treasures or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Preloved Treasures respects the intellectual property of others, and we ask our users to do the same. Preloved Treasures may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Preloved Treasures’s Copyright Agent the following information:

i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;

iii. a description of where the material that you claim is infringing is located on the Site;

iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Preloved Treasures’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
c/o Preloved Treasures 
2772 Roosevelt Street #2177

Carlsbad, CA 92008

Preloved Treasures may update these addresses from time to time.

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

GENERAL

If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Preloved Treasures may offer special promotional offers which may or may not apply to your Preloved Treasures account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Preloved Treasures will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Preloved Treasures agree to submit to the personal jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of Preloved Treasures to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Preloved Treasures does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Preloved Treasures and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Preloved Treasures with respect to the Site or Service.

FINE ART CONDITIONS OF SALE

CONDITION REPORTS AND DESCRIPTIONS OF PROPERTY

The knowledge of Preloved Treasures in relation to each work of art is partially dependent on information provided to us by the Consignor, and Preloved Treasures is not able to and does not carry out exhaustive due diligence on each work of art. We shall exercise reasonable care when making express statements in descriptions or condition reports as is consistent with our role as vendor in this sale and in light of (i) the information provided to us by the Consignor, (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.

As a courtesy to buyers, Preloved Treasures may prepare and provide condition reports on each work of art. Prospective buyers should note that descriptions of property are not warranties and that each work of art is sold “as is.”

All representations or statements made by Preloved Treasures as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any artwork, is a statement of opinion only. All photographic representations and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of tone or color or necessarily to reveal any imperfections in the artwork. Many works are of an age or nature that precludes their being in pristine condition and some make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from defects nor does any reference to particular defects imply the absence of others.

LIMITATION OF LIABILITY

We agree to refund the purchase price in the circumstances of a breach of the Authorship Warranty set out below. Apart from that, neither the Consignor nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any piece whether written or oral nor for any other errors or omissions in description or for any faults or defects in any piece. Except as stated in the Authorship Warranty below, neither the Consignor, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any piece with regard to merchantability, fitness for particular purpose, description, size quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

AUTHORSHIP WARRANTY

Preloved Treasures warrants the authorship of art works sold on this website described in headings in bold type for a period of five years from the date of sale by Preloved Treasures, subject to the exclusions and limitations set forth below.

a) The benefits of this warranty are not assignable and shall apply only to the original buyer of the work as shown on the order confirmation originally issued by Preloved Treasures when the work was sold.
b) In any claim for breach of the Authorship Warranty, Preloved Treasures reserves the right, as a condition to rescind any sale under this warranty, to require the buyer to provide to us at the buyer’s expense the written opinions of two recognized experts in the field, mutually acceptable to Preloved Treasures and the buyer, before Preloved Treasures determines whether or not to cancel the sale under the warranty. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense.
c) Subject to the exclusions set forth in subparagraph (a) above, a buyer may bring a claim for breach of the Authorship Warranty provided that (i) he or she has notified Preloved Treasures in writing within three months of receiving any information which causes the buyer to question the authorship of the piece, specifying the sale in which the property was included, the item number on the order confirmation and the reasons why the authorship of the piece is being questioned and (ii) the buyer returns the piece to Preloved Treasures in the same condition as at the time of the sale and is able to transfer good and marketable title in the piece free from any third party claim arising after the date of the sale. Preloved Treasures has discretion to waive any of the foregoing requirements.
d) The buyer understands and agrees that the exclusive remedy for any breach of the Authorship Warranty shall be rescission of the sale and refund of the original purchase price paid. This remedy shall constitute the sole remedy and recourse of the buyer against Preloved Treasures, and any of our affiliated companies and the seller and is in lieu of any other remedy available as a matter of law or equity. This means that none of Preloved Treasures, any of our affiliated companies or the seller shall be liable for loss or damage beyond the remedy expressly provided in this Authorship Warranty, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original purchase price.

PACKING AND SHIPPING

Buyers are responsible for all shipping costs and fees. We will, at the buyer’s expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for property purchased from Preloved Treasures. As a courtesy to buyers, Preloved Treasures will, without charge, wrap purchased items for hand carry only. Any such instruction, whether or not made at our recommendation, is entirely at the buyer’s risk and responsibility and we will not be liable for acts or omissions of third party packers or shippers. Preloved Treasures will require presentation of government issued identification prior to release of a piece to the buyer or the buyer’s authorized representative.

Preloved Treasures respects copyright law and expects its users to do the same. It is the Company’s policy to terminate access in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing on the rights of copyright holders. Please see Preloved Treasures’ Submitted Content Policy at http://www.PrelovedTreasures.com for further information.

GENERAL

These terms and conditions of sale are subject at all times to Preloved Treasures’ Terms of Service.

HOW TO CONTACT US

If you have any questions or comments about these TOS or this Site, please contact us by email at shop@prelovedtreasures.com

You also may write to us at:

Preloved Treasures
Attn: Legal Department 
2772 Roosevelt Street #2177

Carlsbad, CA 92008

Posted _ 09/03/2021