The
Guinness® Collectors Club
Guinness® Collectors Club
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The Guinness® Collectors Club |
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Welcome to the GUINNESS® Collectors Club's User Agreement.
1. This Agreement is a legal document which sets out your rights and obligations in relation to the services offered by the GUINNESS® Collectors Club at the site Guinntiques.com.
2. By registering at the GUINNESS® Collectors Club site you agree to the terms of this Agreement, and you re-affirm that agreement every time you visit the GUINNESS® Collectors Club site.
3. Intellectual Property
The GUINNESS word, the HARP device and the ARTHUR GUINNESS signature are trade marks and are reproduced under licence. You are not allowed to use or reproduce any of these without express permission of the trade mark owner.
Many of the images used on this site are also reproduced under licence, including but not limited to the images designed by John Gilroy and the GUINNESS® bottle labels. You are not allowed to use or reproduce any of these images without the express permission of the rights owner.
By using this site, you do not obtain any rights to any of the images or trade marks on this site. While you're welcome to view the site and print hard copies of anything on it for your own personal use, you are not allowed to copy or use anything on the site for any other purpose, such as any business or commercial use. In addition, you are not allowed to modify or distribute anything on the site for any purpose at all.
4. Membership Eligibility
You undertake to register for the GUINNESS® Collectors Club site using your correct name, email address and any other requested details. If you wish to become a Full Member of the GUINNESS® Collectors Club site, you will be asked to enter details of a credit or debit card; you must ensure that (a) you are fully entitled to use that card both at the time when you enter its details on the GUINNESS® Collectors Club and when you seek to use it, and (b) it has available funds sufficient to cover the Full Membership Fee.
In any event, to register for the GUINNESS® Collectors Club site you must be of or over the legal minimum age for purchasing alcoholic beverages in the country in which you are resident and you must not be resident in a country where it is illegal for us to advertise alcoholic beverages [list of countries].
5. Membership Fees
Membership - Standard - No annual membership fee but access to the GUINNESS® Collectors Club website is restricted.
Membership - Full - Annual Membership fee £7.00 within the United Kingdom or $10.00 per annum outside of the United Kingdom.
We may change our fees from time to time. Our changes are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the GUINNESS® Collectors Club site homepage and stating these changes in the preceding monthly e-newsletter.
You are responsible for paying all applicable taxes.
6. Services
We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in GBP (£) and USD ($).
7. Use of the GUINNESS® Collectors Club forum.
You must be a registered member of the GUINNESS® Collectors Club to participate on our forum. You agree that you will NOT use our forum to post any advertisement, chain letter, solicitation or other commercial message. You agree that you will NOT post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message. You agree you will NOT post material that is illegally invasive of another person's privacy. You agree that you will NOT post any material unless you own the copyright in the material, or have the permission of the copyright owner to post the material.
Although we attempt to keep objectionable messages off the forum, it operates in real time and we do not review material before posting. All messages express the views of the author, and the GUINNESS® Collectors Club is not responsible for the content of any posting or message.
The GUINNESS® Collectors Club has the right to remove, edit, move or close any posting or thread at any time for any reason. You are solely responsible for the content of your messages, and you agree to indemnify and hold harmless the GUINNESS® Collectors Club with respect to any claims and demands against them.
8. Use of the GUINNESS® Collectors Club valuation service.
The GUINNESS® Collectors Club offers among its many services appraisals of GUINNESS® memorabilia. An appraisal at the GUINNESS® Collectors Club is the best assessment, as determined by the person performing the appraisal, of the value of an item based on his or her assessment of the item at the time of appraisal. This assessment may include, but does not guarantee to include, the research of past auctions and sales of similar items, any historical information that exists in the public domain and any information that you have provided. Since this appraisal is a best assessment,
and since the marketplace for the item will change at any moment and affect its valuation, the appraisal cannot be guaranteed.
9. Use of the GUINNESS® Collectors Club auction.
Relevant content. The GUINNESS® Collectors Club auction must be used for the sale of GUINNESS® memorabilia only. The content of
statements posted by sellers in any auction listings must be directly relevant to the GUINNESS® items posted, and not relate to anything else. For example, such statements must
not be used as a means of general communication with one or more other members (members may use the GUINNESS® Collectors Club forum for this purpose) and may not be used to advertise or promote a member's goods or services
generally. If you include a hypertext link to another site in a listing, the
linked site must satisfy this relevancy test; but in any event, you acknowledge
that we will be entitled to remove, or require the removal of, any such links
at our discretion.
Feedback. Members can comment upon the service they have received from other members using our feedback service. You may only leave comment for members to whom you have sold
GUINNESS® memorabilia or from whom you have bought GUINNESS® memorabilia. All such
comments must be accurate and fair.
Binding nature of bids. Bids placed in
all auction listings will be binding. This means that the placement through your
GUINNESS® Collectors Club account (whether by you or someone who uses that
account) of a bid in that auction listing may not be withdrawn and is legally binding
on you. If your bid is successful, a contract is automatically created between
you and the vendor when the auction listing closes.
Vendor's legal ownership. By including
GUINNESS® memorabilia in an auction listing, you assert that you are legally entitled
to pass ownership of them to whomever successfully bids for them in that
auction listing.
Accuracy of auction listing. You must accurately
describe the GUINNESS® memorabilia in an auction listing you provide for inclusion on the
GUINNESS® Collectors Club auctions and it must not be capable of misleading any member. You are liable for any errors or
omissions in your description.
Manipulative bidding. You must not bid in a way that is
manipulative of an auction listing. In particular, if you are the vendor, you
may not bid in your own auction listing, whether through your own GUINNESS® Collectors
Club account, or through another member's account.
Vendor's terms and conditions. The entirety of the contractual
terms and conditions which apply as between bidding members and vendors in relation
to the subject-matter of an auction listing shall be those specified by the vendor
and subject to applicable laws. It is the vendor's obligation, and not the GUINNESS®
Collectors Club's, to notify bidding members of those terms and conditions, and
it is the obligation of the vendor and bidding member to inform themselves of
the applicable laws.
Fees. Currency. Each auction listing is
conducted in one of two currencies, (GBP) Pounds Sterling and (USD) United
Stated Dollars, selected by the vendor in the course of creating the relevant
auction listing, and amounts due are payable in that currency.For your guidance, the GUINNESS® Collectors Club may
provide conversions between these currencies based on the latest information
available to it. While the GUINNESS® Collectors Club makes reasonable efforts
to ensure the accuracy of these conversions, the actual cost to you in your own
currency will vary according to the exchange rate applied by your bank or by
the issuer of your credit or charge card. The GUINNESS® Collectors Club does
not take responsibility for any variance between this cost and the quoted
conversion figure.
The vendor agrees to pay to the GUINNESS® Collectors Club
the fees specified here.
You acknowledge and agree that the GUINNESS® Collectors Club
is entitled to alter the amount or the basis of the calculation of its fees
from time to time, provided that such amount or basis is clearly stated at the
time when the auction listing is submitted.
Invoicing: You should check your account regularly. Once the balance
of your account totals over GBP1 or USD1, then you have 30 days to pay the outstanding balance
on your account. We will generally email you an invoice to remind you to pay your outstanding
balance, but the balance is due even if you do not receive an invoice. We may suspend your
account and prohibit you from placing further auction listings if you do not pay your
outstanding balance on time.
The GUINNESS® Collectors Club's Role. The GUINNESS® Collectors Club
is not and cannot be responsible for the behaviour of, or the GUINNESS® memorabilia
offered for sale or supply by the vendor - whether it is an individual or a business. the
GUINNESS® Collectors Club has no control over or responsibility for the quality, safety, or legality
of GUINNESS® memorabilia which are the subject of auction listings, the truth or accuracy
of these listings, whether the vendor can or will deliver such GUINNESS® memorabilia, or
whether bidding members can or will pay for them. Unless otherwise explicitly stated in the
relevant listing, the GUINNESS® Collectors Club is not a party to any of the auctions and only
provides the technical means, and a venue, for these auctions to be conducted.
Also, the GUINNESS® Collectors Club cannot and does not control the completion
or validity of auction transactions; even though members are prohibited from
doing so, some may provide information, or otherwise behave, in a way that is
unreliable, illegal, or in breach of a member's obligations under this
Agreement. Therefore, you should exercise no lesser degree of caution in
entering into auction transactions - whether as a vendor or purchaser - than
you would exercise when entering into a similar transaction offline.
Operation of auctions. The GUINNESS® Collectors Club reserves the right to close auction listings early, to
extend auction listings, to cancel or withdraw auction listings or to terminate entire
services, where we have compelling legal or technical reasons to do so
(including technical difficulties experienced by the GUINNESS® Collectors Club,
a vendor or on the Internet). Where practical, we shall provide reasonable
advance notice to you of any such steps the GUINNESS® Collectors Club takes.
Similarly, the GUINNESS® Collectors Club will use its reasonable endeavours to
process bids which are placed, but does not guarantee that each individual bid
will be submitted. There may also be times when this site and/or auction becomes unavailable,
whether on a scheduled or unscheduled basis. You acknowledge that we are not
contractually (or in any other way) bound or required to make available to you
any of the auction listings.
Withdrawal of an auction listing. Each member
acknowledges that we are entitled to withdraw any auction listing which appears. The GUINNESS® Collectors Club also carry out regular checks (known as Authenticity Checks) where auction listings may be withdrawn if, in our opinion, they infringe the intellectual property rights of any third party, including but not limited to the intellectual property rights associated with the Guinness® brand. In the event of this action, the vendor will be notified,
who in turn may ask for a detailed explanation of our ruling. All (if any)
bidders will also be notified that the auction listing has been halted. Persistent
offenders listing fake, counterfeit or non-official GUINNESS® merchandise will
be suspended. The GUINNESS® Collectors Club does not claim to remove all
non-official GUINNESS® merchandise from the auction but will make every attempt to
do so. We accept no responsibility for any failure to detect and remove such auction listings.
Misuse of the GUINNESS® Collectors Club
services.
The GUINNESS® Collectors Club reserves the right to suspend or terminate any
member's account which is or appears to us to be in persistent or material
breach of this Agreement, and to suspend or withdraw all auction listings associated
with such accounts. Any person who holds
such a suspended or terminated account must not re-register for GUINNESS®
Collectors Club without our prior consent.
LIABILITY
To the extent that the law permits, you
release the GUINNESS® Collectors Club, its agents and employees from all
liability arising out of or in connection with any auction listing, including (without
limitation) all claims and demands relating to auction listings, bids, incomplete or
completed transactions, or GUINNESS® memorabilia offered or actually sold through
or in connection with any auction listing.
Reasonable control.
The GUINNESS® Collectors Club shall not be liable for any failure to perform
its obligations under this Agreement caused by matters beyond its reasonable
control.
10. Registration
Our registration form requires you to give us contact and billing information (like your name and email address). Contact information in particular is used to check whether you qualify for registration.
We also use information you provide on the registration form for accounting purposes and to contact you when necessary (for example, to respond to your queries or for other customer service issues).
Use of the GUINNESS® Collectors Club electronic greeting cards service.
We will use your email address and the email address of the person to whom you wish to send the ecard solely to process your ecard. Your email address will be disclosed to the person to whom you wish to send the ecard. We will not use your email address or the email address of the person to whom you wish to send the e-card for any other purpose.
Information gathered from free prize draws or competitions
We regularly run free prize draws or competitions on our site and we may use any information you provide to us to contact you when necessary (with a winner's notification, for example). Each person who provides personal data to us in order to enter into one of our free prize draws or competitions will be offered the opportunity to be added to our marketing database (including our mailing list for future newsletters). You may at any time contact us at gccsupport@guinntiques.com to request that you are removed from our marketing database. If you are a free prize draws or competitions winner, your name and/or residing state/county/country may be included in the next due newsletter.
The GUINNESS® Collectors Club will not use your data for any purpose except as set out above or disclose it to any other person, unless you have given your consent to the GUINNESS® Collectors Club doing so, either during registration or at some other time. We may however disclose your data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
Cookies
We may use and store "cookies" to help us recognise you on any return visits you make to our site and to make any auction or other procedures easier for you. Cookies are small pieces of information which will be stored by your browser on your computer's hard drive. The cookies used by us will not give us any personal details about you.
11. Liability Limit
This website is owned and run by Nicholas Fairall and neither Guinness UDV nor any of its associated companies are liable for the content on this site or any aspect of the performance of the site.
Nothing in this Agreement is intended to limit or exclude any liability on the part of the GUINNESS® Collectors Club where and to the extent that applicable law prohibits such exclusion or limitation. In particular, if you are a consumer YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
12. Delete/deactivate choices
The GUINNESS® Collectors Club provides the following options for telling us about your preferences (for example that you do not want to receive email from us) or for changing and updating information you have previously provided to us:
You can send email to gccsupport@guinntiques.com.
You can send mail to the following postal address: 8 Hartley Road, North End, Portsmouth, Hants, PO2 9HU, England.
Removal requests will be made within 10 working days of receipt of the request.
13. General
This Agreement shall be governed in all respects by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to any dispute relating to this Agreement or use of the website. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.