Terms of Service

These are the terms and conditions for users of the Duckwells website, www.duckwells.com.  Your acceptance of these terms is required before you purchase an item offered for sale on the website, and creates a binding contractual agreement between you and Duckwells.  By agreeing to these Terms, you represent that you are at least the age of 18. 

Merchandise for Sale
You understand that the website sells primarily used antique and vintage items, and that many of the items will show customary wear and tear associated with such items.  Duckwells will use reasonable efforts to accurately portray the items via photographs and written descriptions.  Duckwells assumes no responsibility and makes no warranty for descriptions or information provided.

Item Reserve

Items over $100 may be reserved for 30 days.  Duckwells may require a non-refundable deposit of 10% of the item’s value, to hold an item on reserve.  In no case will an item be held on reserve for more than 30 days.

Conditions of Sale
A sale is complete when the user’s credit card information is provided to Duckwells.  Duckwells will make reasonable efforts to confirm availability promptly; however reserves the right to declare an item unavailable within 14 days of receipt of payment.  Duckwells will declare an item to be unavailable only if it was sold to another user prior to the user’s payment or if the item is deemed lost or destroyed.

Shipping
Duckwells will pack the item with reasonable care and ship the purchased item USPS, including insurance for the purchase price of the item/items and delivery confirmation.   Packing, shipping and insurance charges will typically be reflected on the website at the time of purchase.  Please see the Shipping Policy.

Taxes and Import/Export Duties
User is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each item purchased (collectively, “Taxes”). The user shall pay Duckwells such Taxes as Duckwells is required to collect, but failure to collect the Taxes will not relieve the user’s obligation. It is the user’s responsibility to establish and/or document any applicable exemption from Taxes.  Massachusetts Sales Tax will be charged to applicable buyers.

Import/Export Restrictions
Some of the items sold on the website may require cultural, customs and endangered species permits for export from the United States and import into the user’s country.  Duckwells makes no representation, nor gives any warranty, nor shall have any liability to the user with respect to the requirement for, or the availability, or issuance of valid export or import permits. 

As Is Sale
ALL ITEMS DISPLAYED ON THE SITE ARE SOLD “AS IS”. Duckwells makes no guarantee, warranty or representation, expressed or implied, to any user with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. 

Disclaimer of Liability
The website is provided on an “AS-IS” and “AS AVAILABLE” basis. Duckwells makes no representation or warranty of any kind, express or implied, with respect to the website, any items offered for sale or sold on or through the website, including without limitation:
(a) any representation or warranty that the website meets the user’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(b) any representation or warranty with respect to title to or delivery of any item;
(c) any representation or warranty with respect to intellectual property rights in any item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the user’s computer monitor. 

Release and Limitation of Liability
To the maximum extent permitted by law, the user releases Duckwells from all claims, demands, liabilities, actions, losses and damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages (including without limitation lost profits, revenue and/or data), related to or arising out of or in connection with the Terms of Use, the website, the inability to use the website, any item offered for sale or sold through the Site or any other goods or services purchased or obtained or transactions entered into through the website. If the user is a California resident, the user waives California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In all events, the liability of Duckwells to a user is limited to the amount paid by the user to Duckwells.

Indemnity
The user agrees to defend and indemnify Duckwells against and hold Duckwells harmless from all losses, damages, liabilities, costs (including without limitation attorneys’ and paralegal' costs and fees) and claims arising out of or related to the use of the website by the user, the purchase of items by the user, and the nature or quality of the items.

Refusal of Transaction
Duckwells reserves the right to withdraw any item from the website or to amend any content on the website at any time. Duckwells may refuse service to anyone at any time in its sole discretion. Duckwells will not be liable to the user or any third party because it has withdrawn any item from the website, amended any of the content, or denied access to the website.

Site Monitoring

Duckwells reserves the right, but accepts no obligation, to monitor any activity and content on the website. Duckwells may investigate any reported violation of applicable law, the Terms of Use and any other policy applicable to users or transactions on the website and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the website. Duckwells may also investigate the use of a credit card by a user and take such action as Duckwells deems appropriate, including but not limited to cancelling any purchase placed by such user.

Compliance with Laws
The website may be used only for lawful purposes and in a lawful manner. The user agrees to comply with all applicable laws and regulations regarding the use of the website and any transaction conducted on or through the Site. The agreements between the user and Duckwells shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Fraud
The user may not register or make offers for any Item under a false name, use an invalid or unauthorized credit card or use another user’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the user will be denied access to the site and the conduct may be reported to law enforcement authorities.

Access and Interference
All persons accessing this website expressly agree that (a) they will not, by automatic device or manual process, monitor or copy Duckwell’s web pages or their content without the prior written permission of Duckwells; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the Duckwells infrastructure.

Miscellaneous
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms of Use and will not affect the validity and enforceability of the rest of the Terms of Use. Failure of Duckwells to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Duckwells under these Terms of Use or at law. The Terms of Use represent the entire agreement between the user and Duckwells with regard to the purchase by the user of items sold on the Site, and the Terms of Use supersede and replace any other agreement between the parties including but not limited to any previous Terms of Use as they may have applied between the User and Duckwells or the User. Paragraph headings are for convenience only and not for interpretation of this Agreement.

Use of Site Information/Copyrights/Trademarks
Any user registered with Duckwells has permission to print in hard copy and electronically reproduce portions of the web site for the sole purposes of purchasing Items from Duckwells.  No user may modify materials on or obtained from the website or include any such materials on the user’s own site. Duckwells retains the copyright of all photographs, illustrations, digital images and written material produced and any form of website design and content, including the category and sub-category system and any object and materials published by Duckwells. Duckwells is a legally protected trademark and/or service mark and may not be used without authorization.

Governing Law and Jurisdiction

The agreement between the user and Duckwells contained in this Terms of Use are governed by the laws of the Commonwealth of Massachusetts, USA, and the user and Duckwells agree to be subject to the jurisdiction of, and submit any and all disputes arising out of User or Seller’s use of the website and/or the Terms of Use, to the exclusive jurisdiction of the appropriate State and Federal Courts.