View CartConditions & Terms of Sale
The placement of an order on ballandclawantiques.com shall be deemed to be acceptance of the following terms and conditions.
1. Format and Existence of the Contract
1.1 These terms of sale apply to all goods supplied by Ball & Claw Antiques, whose contact address is Rhodders Farm House, Alva, Clackmannanshire FK12 5JY. Hereafter referred to as "The Seller".
1.2 For the purpose of this contract, the individual, company or other legal entity intending to purchase, or offering to purchase, an item or items from Ball & Claw Antiques shall be referred to as "The Buyer".
1.3 No contract for the Seller to supply the Buyer with specified items at a specidied price shall be deemed to exist between the two parties until the Seller has received and accepted the Buyer's order (offer to purchase).
1.4 The electronic transfer of funds by the Buyer to the Seller's account shall not be deemed to be proof of the Seller's acceptance of the Buyers' offer to purchase the requested goods or services.
1.5 Likewise, any automatically produced confirmation of receipt of the Buyer's funds, by the Seller or any third party nominated by the Seller to process the funds transfer, will not be deemed to be acceptance of the Buyer's offer by the Seller.
1.6 Any automatically produced confirmation of The Buyers offer to purchase, is only an indication that The Buyer's offer has been received by the Seller and shall not be deemed to be an acceptance of The Buyer's offer.
1.7 The Seller reserves the right to cancel any contract in the event that the goods are unavailable or mis-priced or that cleared funds are not received (or placed on hold or withdrawn for any reason).
1.8 The Buyer's rights to cancel are detailed in Para. 7 below.
2. Description and Price of Goods.
2.1 The description and price of the goods will be as shown on the Seller's website at the time of purchase. The description shall be deemed to included all text and images indicated as relating to the item.
2.2 When describing items, the following terms or phrases shall be taken to have the following meanings:
2.2.1. "By": There is sufficient evidence and/or provenance to assert that this item was made or created by the named individual or company
2.2.2. "Attributed to": There is some evidence, either observed or provided by some form of provenance, that the item was likely to have been made or created by the named individual or company.
2.2.3. "Circle of": There is some evidence that this item was created in a similar style and at a contemporaneous time to the named individual but by a different person who was possibly known to him or her.
2.2.4. "Style of" or "Manner of": An item created in a similar fashion or style to work by the named individual but which may, or may not, be contemporaneous to him or her.
2.2.5. "After": A copy (or close copy) of an item created by the named individual.
2.2.6. "Silver": An item that has British hallmarks or international proof marks indicating that it is solid silver of the appropriate quality (the purity of silver varying from country to country)
2.2.7. "EPNS" or "silver plate": An item that is made of a base metal or alloy and coated (plated) with a thin layer of silver.
2.2.8. "White metal": An item that looks silver but has no hallmarks or otherwise to indicate that it is. Anything sold with this description should be considered as "not silver".
2.2.9. "Non-Hallmarked Silver": An item with no visible hallmark but which by testing or observation is believed to be made from silver.
2.2.10. "Condition Note": If an item has any defect, damage, missing part, functional limitation or a historical repair that has not been done to the same standard as would be done today, then this shall be detailed in a Condition Note for the item. Condition Notes form an integral part of an items description.
2.3 Every effort is made to ensure the accuracy of prices on this website but in the event of an error the Seller shall not be bound to supply any item at an incorrectly published "offer" price.
2.4 If an error in the "offer to sell" price of an item is identified after a payment has been made (an "offer to purchase"), then the Buyer will be contacted immediately and offered the opportunity to either (a) receive a full and immediate refund or (b) proceed with a purchase at the corrected offer price.
2.4.1 After notification of an error in the offer price, the Buyer will have 7 days to decide which offer from the Seller they wish to proceed with.
2.4.2 If the Seller does not hear from the Buyer within 7 days, then the Seller will cancel the offer to purchase and refund the Buyer all funds paid by them in respect of that offer.
2.5 Unless otherwise stated, the price indicated for an item will not include delivery to The Buyer.
3. Availability of Goods
3.1 Although the Seller will make effort to make sure that all items advertised on their website are available to purchase, the majority of the items sold by the Seller are rare or limited antiques and, therefore, only available as single items. For this reason, an item might become suddenly and unexpectedly unavailable. A few of these reasons are:
3.1.1 The item has been lost.
3.1.2 The item has been stolen.
3.1.3 The item has been damaged.
3.1.4 The item has been re-appraised leading to a significant change in its description.
3.2 Should the Seller discover after an order has been placed that an item is unavailable for any reason, they shall contact the uyer and offer to either (a) cancel the order and immediately give The Buyer a full refund or (b) make an offer of an alternative item of equal or greater value.
3.2.1 After notification of an item being unavailable, the Buyer will have 7 days to decide which offer from the Seller they wish to proceed with.
3.2.2 If the Seller does not hear from the Buyer within 7 days, then the Seller will cancel the offer to purchase and refund the Buyer all funds paid by them in respect of that offer.
4. Payment
4.1 The amount due to be paid by the Buyer to the Seller shall be the amount indicated on the checkout pages of this site's webcart after any extra for delivery, etc have been added.
4.2 Payment can be made to the Seller by any of the means listed on the "checkout" pages of this site's webcart.
4.3 A valid order (offer to puchase) will not be deemed to exist until cleared funds are received by the Seller.
4.4 If cleared funds received by the seller are, for any reason, subsequently held, withdrawn, locked or otherwise made unavaialable to the Seller, then the order shall be deemed to have been cancelled.
4.5 Delivery shall not be arranged until such time as cleared funds are avaiable to the Seller.
5. Delivery
5.1 Delivery shall be arranged by the Seller to the "Delivery Address" requested by the Buyer. Except that:
5.1.1 At this moment delivery to an address outside of the UK shall not be possible.
5.1.2 In the event of delivery being requested to an address different from the registered billing address of the Buyer, the Seller reserves the right to perform further checks and, if necessary, cancel the order as a result.
5.2 The Seller offers a range of delivery services with varying speeds, prices or weight & size limitations.
5.2.1 The Seller shall arrange delivery by the method/service chosen by the Buyer.
5.2.2 Where estimated timescales for a delivery are shown, these will not be deemed to be binding and failure to deliver within any predicted time will not be deemed as breach of contract.
5.2.3 In the event of an unsuitable shipping service being purchased for an item, the Seller will contact the Buyer immediately the error is found with the aim of rectifying the situation.
5.3 Every effort will be made to ship the goods as soon as possible after the order has been accepted. However, the Seller will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delays in shipping. For example, shipping shall only be expected to occur on standard Monday to Friday working days, excluding national or other holidays.
6. Risk/Title
6.1 The goods are at the Buyer's risk from the time of delivery.
6.2 Ownership of the goods shall not pass to the buyer until the Seller has received in full (in cash or cleared funds) all sums due to them in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Seller from you for any reason
7. Buyer's Right To Cancel (Change of Mind)
7.1 You have the right to cancel the contract at any time up to 14 days from the day after you receive the goods (see below).
7.2 To exercise your right of cancellation, the Buyer must give written or verbal notice to the Seller by hand, post, email or phone, giving details of the goods ordered and (where appropriate) their delivery.
7.3 If the Buyer exercises the right of cancellation after the goods have been shipped to them, they will be responsible for returning the goods to the Seller at the Buyer's own cost.
7.3.1 The goods must be returned to the returns address shown in the returns information enclosed with the order.
7.3.2 The Buyer must take reasonable care to ensure the goods are not damaged whilst in their possession or in transit back to the Seller.
7.3.3 Items must be returned with all parts, accessories and packaging that came with them.
7.3.4 After informing the Seller that they wish to cancel an order, the Buyer has 14 days to return the item(s) to the Seller.
7.4 Upon return of the item, the Seller shall inspect the condition of the item.
7.4.1 If the item is in the same condition as it was when sent to the Buyer, then The seller shall issue a full refund within 7 days.
7.4.2 If the item is damaged in anyway then the Buyer shall receive a partial refund taking into account the loss of value resulting from the damage that occurred whilst the Buyer was responsible for its care or for the cost of its repair.
7.5 If the Buyer does not return the goods as required, the Seller may take action to recover the goods themselves and then withold the costs of such actions from any subsequent refund.
8. Damaged, Lost or Mis-described Goods
8.1 If an item arrives damaged, the Buyer should report the damage to the Seller within 48 hours of receipt of the item.
8.1.1 When reporting the damage, the Buyer should include a summary of the damage and pictures where possible.
8.2 In the event of an item arriving damaged, the Seller will co-ordinate with the Buyer to have the damaged item returned to the Seller at the Seller's expense.
8.2.1 The Seller will make every reasonable effort to arrange for the collection at a time and place convenient for the Buyer.
8.2.2 The buyer will be responsible for packing the item, including all parts, accessories and original packaging considered part of the item, in a reasonable fashion so as to reduce the risk of any further damage during the return transit.
8.2.3 If the Buyer makes unreasonable demands regarding the collection and/or return of the damaged item then responsibility for arranging the return of the item shall fall to the Buyer.
8.2.4 If the Buyer arranges the return of a damaged item themselves, the Seller will refund them the cost of the return shipping up to a value of what the Seller would have paid for shipping plus 20%
8.3 Upon receipt of the returned item, it shall be inspected with the aim of clarifying the extent and cause of the damage.
8.3.1 Upon confirmation of the damage, the Buyer shall receive a full refund within 7 days.
8.3.2 If it is blatantly apparent that the damage was caused by an event after shipping then the Buyer shall receive a refund commensurate with the items original value, less the cost of repair, less the return shipping cost.
8.4 An item shall be considered lost when more than 7 days have elapsed past the estimated delivery date or the courier acknowledges that it is lost within their network, whichever is the sooner.
8.5 In the event of the loss of an item during transit, the Seller will refund the Buyer in full within 7 days.
8.6 If a shipment is shown as delivered but the Buyer claims not to be in receipt of the item then the Seller shall be allowed up to 14 days to investigate what has happened before making a refund to the Buyer if appropriate.
8.6.1 This may occur because a neighbour has signed for the parcel, or the parcel has been left in a safe place.
8.7 If the Buyer receives an item that they believe to have been mis-described they should:
8.7.1 Inform the seller within 14 days of receiving the item
8.7.2 Supply the seller with any information or third party opinions that support their contention of a mis-description.
8.8 In the case of an item being mis-described the Seller shall arange for the item to be collected and returned to them at the Sellers's expense.
8.8.1 The Seller will make every reasonable effort to arrange for the collection at a time and place convenient for the Buyer.
8.8.2 The Buyer will be responsible for packing the item, including all parts, accessories and original packaging considered part of the item, in a resonable fashion so as to reduce the risk of any damage during the return transit.
8.8.3 If the Buyer makes unreasonable demands regarding the collection and/or return of the damaged item then responsibility for arranging the return of the item shall fall to the Buyer.
8.8.4 If the buyer arranges the return of the item themselves, the Seller will refund them the cost of the return shipping up to a value of what the Seller would have paid plus 20%
8.9 Upon receipt of the returned item, it shall be inspected for any damage caused during the return trip
8.9.1 Upon confirmation of no damage, the Buyer shall receive a full refund within 7 days.
8.9.2 If the item was damaged during the return trip, and the quality of packing by the Buyer was good, then the Buyer will still receive a full refund within 7 days.
8.9.3 If the item has been damaged during the return trip, and this was likely to have been caused by poor packing, the Buyer shall receive a refund commensurate with the items damaged value, or the original value less the cost of repair.
9. Limitation of Liability
9.1 The Seller shall not be liable to the Buyer for any loss or damage in circumstances where:
9.1.1 There is no breach of a legal duty owed to the Buyer by the Seller or by its employees or agents;
9.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 Any increase in loss or damage resulting from any breach by the Buyer of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller´s negligence or fraudulent misrepresentation.
10. Data Protection
10.1 The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by you.
10.2 Please see the Sellers Privacy Statement for more details.
11. Complaints
11.1 In the first instance, complaints should be made in writing to:
11.11 By email:
11.11 By post:
12. Jurisdiction
12.1 These terms of sale and the supply of the goods will be subject to Scottish law and the Scottish courts will have jurisdiction in respect of any dispute arising from the contract.
