ATTENTION: These terms of use apply to the entire contents of this website under the domain name www.drummondread.com (the "Website") and to any correspondence by e-mail (or otherwise) between us and you.

Please read these terms of use carefully before using this Website paying particular attention to the provisions of paragraphs 18 (disclaimer and limitation of liability) and 19 (indemnity).

These terms of use are between drummondread.com Limited a company incorporated in England and Wales under company number 5435989 and whose registered office is at Room 5, 7 Leonard Street, London EC2A 4AQ (the "Company", "us" and "we") and you, the user of this Website ("you"). We recommend that you print-off a hard copy of these terms of use for your records.

Using this Website indicates that you accept these terms of use regardless of whether or not you choose to register with us. If you do not accept these terms of use, do not use this Website.

1.Introduction

1.1 You may access some areas of this Website without registering your details with us. Some areas of this Website are only open to you if you register and other areas will only be available to you if you subscribe to the services provided by the Website by paying the requisite fee.

1.2 By accessing any part of this Website, you shall be deemed to have accepted these terms of use in full. If you do not accept these terms of use in full, you must leave this Website immediately.

1.3 We reserve the right to change these terms of use from time to time, and post the new version on the Website. When we do so, we will notify you of the new terms of use by displaying a message to that effect on our home-page at www.drummondread.com. The new version of these terms of use will then take effect on the earlier of:

1.3.1 one calendar month after the date on which the notice to change the terms of use was posted on the Website; and

1.3.2 you specifically accepting the amended terms of use in the course of using the services provided by us via the Website.

1.4 Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.

2.Licence

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

2.1.1 no documents or related graphics on this Website are modified in any way;

2.1.2 no graphics on this Website are used separately from accompanying text; and

2.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms of use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3.Service access

3.1 Whilst the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4.Visitor material and conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Statement, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 In the event that you post an item for sale on the Website in accordance with paragraph 9 you agree to allow us to disclose your e-mail address and contact telephone number to potential purchasers.

4.3 You are prohibited from posting or transmitting to or from this Website any material:

4.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

4.3.2 for which you have not obtained all necessary licences and/or approvals; or

4.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

4.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.4 You may not in any way misuse the Website (including, without limitation, by hacking).

4.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or location of anyone posting any material in breach of paragraph 4.3 or paragraph 4.4.

4.6 We do not generally monitor material contributed by users of this Website before it is placed on our Website, and so we are reliant on our users to point out any which infringes these terms of use. If you discover material on our Website which has been posted to the Website in breach of these terms of use, please let us know by contacting clientservices@drummondread.com

5.Registration

5.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

5.2 Responsibility for the security of any password issued rests with you and you will be responsible for all actions taken under that User ID and password. It is important therefore that you take every effort to keep your User ID and password safe and notify clientservices@drummondread.com if any third party discovers your User ID and/or password.

5.3 You undertake:

5.3.1 to register for the services provided by this Website using only complete, accurate and up to date information about yourself (including, but not limited to, your correct name and address); and

5.3.2 not to sell, lend or otherwise transfer or disclose your User ID or password to any third party.

5.4 If you are asked for, and you provide, details of a credit, debit or charge card, you must ensure that:

5.4.1 you are fully entitled to use that card; and

5.4.2 the card used has available funds sufficient to cover the charges which are deducted from it.

5.5 As part of the registration process, you will receive an e-mail from us. The purpose of this e-mail is to take reasonable steps to ensure that the e-mail address provided by you during your registration with us is an e-mail address controlled by you.

6. Collector Rooms

6.1 On this Website, you will have the ability to access Collector Rooms. Each Collector Room has been created on a specific area of art, antiques or collectables.

6.2 Each Collector Room contains some free general information on the subject matter of the Collector Room.

6.3 In order to access the Collector Room you will be required to register with us.

6.4 Through each Collector Room, you will also have the ability to advertise items for sale and to contact sellers in order to purchase items advertised for sale. In order to access this part of the Collector Room, however, you will be required to pay the relevant fee. Please see the paragraphs below on selling and buying.

7. Club Lounge

7.1 In order to access the Club Lounge you will be required to pay the then applicable fee (the "Club Lounge Fee"). Once the Club Lounge Fee has been paid, you will have access to the Club Lounge for 30 days. After the 30 days you will automatically be blocked from entering the Club Lounge unless you pay a further Club Lounge Fee.

By becoming a member of the Club Lounge you will be entitled to the following benefits:
access to the discussion forum;

the ability to publicise and organise events such as auctions, fairs, garage sales, car boot sales, exhibitions, book signings and broadcasts; and

access to items for sale prior to the items being available on the Marketplace (please see below).

7.2 On receipt of your Club Lounge Fee we will send an automated e-mail to the e-mail address provided by you. The automated e-mail will confirm the deduction of the Club Lounge Fee from your credit card or debit card.

8.Marketplace

In order to access the Marketplace you will be required to register with us.
If you have registered with us, you will be able to buy items advertised in the Marketplace. Please see the paragraphs below on "Selling and Buying" (paragraphs 9 and 10).

9. Selling through Collector Rooms, the Club Lounge and the Marketplace

By registering with a Collector Room and paying the then applicable fee (the "Advertisement Fee"), you will have the ability to advertise for sale up to 10 items (with a maximum of 4 different images per item) ("Sale Items") within that specific Collector Room only.

Subject to paragraph 9.3, and to your payment of the Advertisement Fee, the Sale Items will be placed as follows:

Immediately upon submission of the advert within the Collector Room to which you have subscribed;
after 5 days of your advert having been placed within the Collector Room, the advert for the Sale Item will be placed in the Club Lounge; and

after 15 days of your advert having been placed within the Collector Room, the advert for the Sale Item will be placed in the Marketplace.

Please note that you will only have the ability to advertise Sale Items for 30 days from the date of payment of the Advertisement Fee. Once that 30 day period has expired, all adverts placed by you will be deleted from the Collector Room, Club Lounge and Marketplace (unless a further Advertisement Fee is paid) regardless of when during that 30 day period you placed the advert.
You must only place adverts in the Collector Room for Sale Items which are directly applicable to the subject matter of that Collector Room.

You warrant to us:

that you are legally entitled to sell the Sale Items that you have advertised on the Website;
that it is not illegal to sell such Sale Items to a resident of England and Wales, or in the event of a sale to a buyer outside of England and Wales, that it is lawful to sell and export such item to a person resident outside of England and Wales;

that any information or description provided by you is complete, accurate and not misleading.
You are only able to display one advertisement per Sale Item at any one time on the Website. If you place a subsequent advert for a Sale Item already advertised on this Website, then the subsequent advertisement will replace the previous advertisement or we can remove it. We will not be liable to reimburse you for any period in which the first advertisement has been paid for but has not been displayed.

We reserve the right to delete, reject, edit, amend or alter any text or photograph supplied by you for any reason whatsoever. In the event that we delete or reject any or your advertisements, we will send an e-mail to you advising you to contact clientservices@drummondread.com for an explanation.
You acknowledge that we are not able to verify the truthfulness of any statements (including the authenticity of photographs) made by you when placing an advertisement. Accordingly you will be responsible for any losses, expenses or other costs incurred by us which are caused by an untrue statement or inaccurate photograph supplied by you.

You acknowledge that the copyright in all adverts (including text and photographs) shall be owned by us and by placing an advert on this Website you assign all such copyright to us.
On receipt of your Advertisement Fee we will send an automated e-mail to the e-mail address provided by you. The automated response will confirm the deduction of the Advertisement Fee from your credit card or debit card.

10. Buying

Please note that it is not possible for you to purchase any items through the Website. In order for you to purchase an item advertised on the Website, you must make contact directly with the seller.

You acknowledge that we are not able to verify the truthfulness of any statements (including the authenticity of photographs) contained in adverts placed on the Website. Any purchase made by you will be made directly with the seller and we will have no liability to you in respect of the item purchased or any statements made by the seller in relation to the item.

By subscribing to a Collector Room and paying the buying fee ("Buying Fee") you will be able to view on the Website items for sale within that specific Collector Room only for a period of 30 days from the date of payment of the Buying Fee. On receipt of the Buying Fee we will send an automated e-mail to the e-mail address provided by you. The automated response will confirm the deduction of the Buying Fee from your credit card or debit card. On expiry of the 30 days, your access to the Sale Items in the Collector Room will be blocked unless you pay an additional Buying Fee.

10.1 By subscribing to the Club Lounge in accordance with paragraph 7, you will be able to view on the Website items for sale within the Club Lounge.

10.2 By registering with the Website:

10.2.1 you will be able to view on the Website items for sale within the Marketplace; and

10.2.2 view on the Website items for sale in the Living Arts section of the Website.

By registering with us and paying the Living Art fee (the "Living Art Fee"), you will be able to set up your own art gallery on this Website and to advertise up to 10 items of your own work for sale for 30 days. On the expiry of 30 days from the date of payment of the Living Art Fee, your Living Art gallery will be deleted unless a further Living Art Fee is paid.

Your Living Art gallery will be accessible free of charge by all registered users of the Website.
The items advertised for sale within your own art gallery must have been created by you.

You warrant to us:

that you are legally entitled to sell the item that you have advertised on the Website;
that it is not illegal to sell such an item to a resident of England and Wales, or in the event of a sale to a buyer outside of England and Wales, that it is lawful to sell and export such item to a person resident outside of England and Wales; and

that any information or description provided by you is complete, accurate and not misleading.
We reserve the right to delete, reject, edit, amend or alter any text or photograph supplied by you for any reason whatsoever. In the event that we delete or reject any or your advertisements, text or photographs, we will send an e-mail to you advising you to contact Customer Support for an explanation.

You acknowledge that we are not able to verify the truthfulness of any statements (including the authenticity of photographs) made by you when placing an advertisement. Accordingly you will be responsible for any losses, expenses or other costs incurred by us which are caused by an untrue statement or inaccurate photograph supplied by you.

You acknowledge that the copyright in all adverts (including text and photographs) shall be owned by us and by placing an advert on this Website you assign all such copyright to us.

On receipt of your Living Art Fee we will send an automated e-mail to the e-mail address provided by you. The automated response will confirm the deduction of the Living Art Fee from your credit card or debit card.

The provisions of paragraph 10 (Buying) apply also to the buying of items through the Living Art section of the Website.

12. Ask a Specialist

Valuation service

12.1 Through this Website you will have the ability to ask one of our specialists to provide you with a valuation of an item. The information which you will be required to submit includes:

12.1.1 picture;

12.1.2 description;

12.1.3 dimensions; and

12.1.4 any other information specified on the Website.

12.2 The basis of the valuation provided is "market value" only and is not to be used for insurance valuations, insurance claims, litigation or any other purpose. You acknowledge that "market value" is an opinion of what an item could fetch at auction. The specialist will in most instances provide a range rather than a specific value (for example, 200 GBP - 250 GBP rather than 225 GBP).

12.3 Each valuation request made by you will be charged at the then prevailing rate (the "Valuation Fee") which will automatically be deducted from your credit card or debit card.

12.4 We reserve the right to decline to provide valuations in our sole discretion without providing reasons, in which case the Valuation Fee will be reimbursed to your credit card or debit card.

12.5 On receipt of your valuation request we will send an automated e-mail to the e-mail address provided by you. The automated response will confirm the details of the valuation request provided by you and confirm the deduction of the Valuation Fee from your credit card or debit card.

12.6 We will use reasonable endeavours to respond to all valuation requests within 5 Working Days (working days being defined as Monday to Friday inclusive (but excluding bank holidays). You will be entitled to reimbursement of your Valuation Fee if we have not provided the valuation within 15 Working Days of your valuation request unless we are prevented from doing so for reasons outside of our control (including the submission by you of incorrect personal information).

12.7 We will conduct a valuation of the item on the basis of the information provided by you, and you acknowledge that we are relying on this information and that we have not had an opportunity to make a physical inspection of the item.

12.8 You acknowledge that:

12.8.1 we will conduct the valuation by examination of the digital/photographic image and written description that you have provided;

12.8.2 we will make no physical inspection of the item to be valued;

12.8.3 the value estimated by us will not include costs such as sales commissions, shipping or insurance costs; and

12.8.4 any valuation is a statement of opinion and cannot be guaranteed or warranted by us.

12.9 We accept no liability whatsoever in relation to the valuation provided by us. The valuation is provided for interest purposes only and is not to be relied upon.

12.10 In certain circumstances, we may feel that it is necessary to recommend to you a firm of auctioneers who may be able to assist you further. We accept no liability whatsoever for any loss you may incur as a result of using the recommended auctioneer.

Question service

12.11 Through this Website you will also have the ability to ask questions relating to art, antiques and collectables by e-mailing our specialist via this Website.

12.12 Each question asked by you will be charged at the then prevailing rate (the "Question Fee") which will automatically be deducted from your credit card or debit card.

12.13 Each question submitted by you may only contain one question. If more than one question is submitted, we reserve the right to charge an additional Question Fee for each additional question raised.

12.14 We reserve the right in our sole discretion and without giving reason to decline to respond to questions raised. In the event that we decline to respond to a question, the Question Fee will be reimbursed to your credit card or debit card.

12.15 On receipt of your question we will send an automated e-mail to the e-mail address provided by you. The automated response will confirm the details of the question asked by you and confirm the deduction of the Question Fee from your credit card or debit card.

12.16 We will endeavour to respond to all questions within 5 Working Days. You will be entitled to reimbursement of your Question Fee if we have not provided the answer to your question within 15 Working Days of your question request unless we are prevented from doing so for reasons outside of our control (including the submission by you of incorrect personal information).

13. Fees and payment

13.1 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant service.

13.2 Payment for the on-line services provided by us can only be made through our Website

13.3 To process card payments we will refer you to a dedicated commerce provider, WorldPay, who will take payment via a secure server (SSL) connection to ensure the safety of your payment on-line. Payment can be made using Delta, Visa, JCB, Switch, Mastercard, Solo and Visa Electron. To ensure further security when placing an advert you will be asked to enter the last three digits on the signature strip on the back of your card (the CVC2 security code).

13.4 While every effort is made to ensure the safety of your credit card transaction, we accept no liability for any loss or damage incurred as a result of your use of the payment mechanism.

13.5 In the event that we reject, delete or edit any item, photograph, text, advert or other matter submitted by you to the website as a result of your breach of these terms of use, you will not be entitled to a refund of any fees paid by you in relation to the rejected, deleted or edited item, photograph or advert.

14. Suspension of your account

In the event that we suspect you have been involved (whether directly or indirectly) in any fraud or other illegal act, or are in breach of these terms of use in any other way, we may suspend or terminate your account with us.

15. Links to and from other websites

15.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

15.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

15.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company's logo;

15.2.2 you do not create a frame or any other browser or border environment around this Website;

15.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;

15.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;

15.2.5 you do not otherwise use any Company trade marks displayed on this Website without express written permission from the Company;

15.2.6 you do not link from a website that is not owned by you; and

15.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

15.3 The Company expressly reserves the right to revoke the right granted in paragraph 15.2 for breach of these terms and to take any action it deems appropriate.

15.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 15.2.

16. Privacy

The Company's Privacy Statement forms part of these terms of use and by agreeing to these terms of use, you also give your consent to the way we may handle your personal data. Given the global nature of the World Wide Web, any posting on this Website (including any which contain personal information) is accessible to internet users around the world.

17. Eligibility and a special note about children

17.1 Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.

17.2 This Website is available only to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, please exit this Website now and do not use this Website.

18. Disclaimer and limitation of liability

PLEASE READ THIS SECTION CAREFULLY.
While the Company endeavours to ensure that the information on or provided through this Website is correct, the Company does not warrant the accuracy and completeness of this information. The Company may make changes to the material on this Website, or to the information, fees and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material. We provide the Website on an "as is" basis and make no representations or warranties of any kind as to the Website or the content.

We do not control and accept no liability for any information provided by other users (including but not limited to any information contained within adverts placed on this Website) which is made available through this Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using this Website. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Website you agree to accept such risks and agree that we are not responsible for the acts or omissions of users on this Website.

Any items purchased or obtained or offered to you through your use of this Website, whether accessed directly or otherwise, are provided subject to the terms of use of the supplier of those goods. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods and accept no liability for any statements or images made on this Website in relation to those goods.

18.1 While every effort is made to ensure the safety of your credit card transaction, we accept no liability for any loss or damage incurred as a result of your use of the payment mechanism.

18.2 In certain circumstances, we may feel that it is necessary to recommend to you a firm of auctioneers who may be able to assist you further. We accept no liability whatsoever for any loss you may incur as a result of using the recommended auctioneer.

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms of use or otherwise). We will also not be liable for any failure to perform our obligations under these terms of use caused by matters beyond our reasonable control.

Without limiting the provisions of clause 18.6, during any twelve month period, our maximum aggregate liability under these terms of use (whether arising as a result of negligence or not) will not under any circumstances exceed the greater of:

5 GBP; or an amount equal to the total sums paid by you to us by way of subscription fees or otherwise during the relevant 12 month period, regardless of the cause or form of action.

18.3 Nothing in these terms of use limits our liability for death or personal injury resulting from our negligence or any other liability which may not by law be excluded.

18.4 We take steps that we consider in our sole discretion necessary in order to provide you with a reliable service. We exclude, however, to the fullest extent permitted by law, any liability for the security or availability of the services on the Website or for any disruption of our Website however caused.

18.5 We accept no liability whatsoever in relation to the valuation provided by us in accordance with clause 12. The valuation is provided for interest purposes only and is not to be relied upon.

19. Unsubscribe

If at any time you would like to unsubscribe from the website, please go to login and click on Unsubscribe and follow the stages through.  Your account will be de-activated within 5 working days.  Please note that we cannot reimburse any unexpired subscription fees. 

20. Indemnity - PLEASE READ THIS SECTION CAREFULLY

20.1 You agree to indemnify us against all losses, liabilities, claims and expenses that may arise from any breach of these terms of use by you or through a machine on which you access this Website.

21. Assignment

20.1 We reserve the right to assign this agreement and to assign or subcontract any or all of our rights and obligations under these terms of use.

22. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: April 2005