Terms and Conditions

Young and Son

Young and Son is the trading name of Portobello Fine Art Ltd, UK Co reg 3218924

Terms and Conditions of Service

1. Definitions

1.1 "Conditions" means these terms and conditions.

1.2 "Product" means a product or goods displayed for sale on the Website.

1.3 "Product Description" means that part of the Website where descriptions and from time to time certain terms and conditions in respect of the individual Product are provided.

1.4 "Personal Information" means the details provided by you.

1.5 "We/us" means Young and Son or Portobello Fine Art trading as Young and Son.

1.6 "Website" means the website located at www.youngandson.com or any subsequent URL which may augment or replace it and any subdomain of such website addresses.

1.7 "You" means a user of this Website.

2. Access to the website

2.1 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

3. Licence for website access

3.1 We grant you a limited licence to access and make personal use of the website but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, images or prices; any derivative use of this website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, similar data gathering and extraction tools.

3.2 The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

3.3 You may not frame or use framing techniques to enclose any content (including images, text, page layout, or forms) of the website without our express written consent.

4. Content Linked to by us

4.1 From time to time, we may make available by the use of a link or links or other protocols, third party websites which are not provided, developed or controlled by us.

4.2 Your use of such a third party service is at the discretion of the provider of that particular service and may be subject to the terms and conditions of use or other such agreement as determined by the provider of that third party service. We strongly suggest that you read the terms and conditions or other agreement containing any restrictions concerning the use of third party websites.

4.3 The third-party websites linked to from the website and provided by us are published and hosted by parties over whom we have no control. We are in no way liable for the usefulness, accuracy, content, appropriateness, functionality or lack thereof for any of these websites.

4.4 We take no responsibility for the material published by other parties and will not be held responsible for any losses or damage of any sort incurred by visiting other websites that may be linked either to or from the website.

5. Your conduct

5.1 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

5.2 You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

5.3 You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

5.4 You must not use the website to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".

6. Copyright and database rights

6.1 All content included on the website, such as text, graphics, logos, button icons, images, is the property of Young and Son and is protected by United Kingdom and international copyright and database right laws.

6.2 You may not systematically extract and/or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our express written consent. You also may not create and/or publish your own database that features substantial parts of this website without our express written consent.

7. Pricing and availability

7.1 We list availability information for products sold by us on the website, including on each product information page.

7.2 From time to time and despite our best efforts, a small number of products on our website are mispriced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will contact you, giving you the option to cancel your order.

7.3 From time to time and despite our best efforts, products may appear for sale on our website which are no longer available. When this is the case, we are unable to honour orders for such products and will contact you to inform you of the cancellation of your order.

8. Delivery

8.1  We are happy to arrange delivery on your behalf, or recommend shippers and carriers. Deliveries by third parties are paid for by the purchaser, unless otherwise agreed in writing. This comapny is not liable for damage or loss arisng from the actions or omissions of third party transporters.

9. Refunds

9.1 If there is misrepresentation, items purchased from the website or by telephone by customers within the European Union may be returned to us for refund within seven days of delivery. You will be refunded in full as long as the product is in the same condition as purchased and reaches us within seven days of the date it was delivered to you.

9.2 Should a product have deteriorated while in your possession or in the possession of shippers or transporters, we are unable to make a refund in full or in part.

9.3 Products returned for refund must be returned at your expense and suitably packaged to ensure that no damage is incurred during transit; claims for reimbursement of postage cost will not be considered.

(For an explanation of your rights when purchasing goods over the telephone or by internet, please see http://www.berr.gov.uk/consumers/fact-sheets/page38102.html)

10. Customs

10.1 When ordering goods from us for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.

10.2 Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.

11. Health & Safety

11.1 The products available from our website are authentic, original products which were manufactured before today's stringent health and safety standards. All sales of such goods are for collection purposes only. We do not guarantee or imply any guarantee of compliance with health and safety standards or fitness for any purpose. All original antique products are clearly marked as such in the product description with a date or approximate date of manufacture.

11.1 a. Items that are manufactured some time ago often have marks, dents, variations of surface texture, repolished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, reframing, and other issues naturally associated with use and age and form a part of the appearance and nature of a vintage or antique item or work of art. We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. Substantial damage or extensive restoration or changes or losses to the item beyond this will be stated in our item descriptions.

11.2 In particular, while they may be perfectly safe for use, vintage electrical goods may not meet current UK standards - we recommend that all electrical goods are inspected, tested, certified and installed by a qualified electrician. We also recommend that vintage electrical goods are protected by a "RCD". Young and Son will not be liable for any loss, injury or death caused by electrical goods that have not been inspected, tested and certified by a qualified electrician consulted by the purchaser, prior to use. Where electrical items have been rewired at our instruction and made ready for sale and use they have been serviced by an experienced and qualified electrician with who bears full responsibilty for such work carried out, details of the electrical engineer are available on request.

Condition of items offered.

11.1 a. Items that are manufactured some time ago often have marks, dents, variations of surface texture, repolished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, reframing, and other issues naturally associated with use and age and form a part of the appearance and nature of a vintage or antique item or work of art. We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. Substantial damage or extensive restoration or changes or losses to the item beyond this will be stated in our item descriptions.

12. Children

12.1 We do not sell products for purchase or use by children.

13. Electronic communications

13.1 When you visit our website or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail . For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Hold Harmless and Indemnify

14.1 To the extent permitted by law, you agree to hold harmless and indemnify Young and Son, its employees and its subcontractors from and against any third party claim arising from or in any way related to your use of the website including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature.

15. Release and Waiver

15.1 To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Young and Son and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and lawyers' fees) of every kind and nature, arising out of or in any way connected with use of the website.

16. No Assignment

16.1 You shall not assign these conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from us. Any such purported assignment or delegation by you without our prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by us at our sole and absolute discretion.

17. Priority

17.1 These conditions, in combination with our Privacy Policy sets forth the terms and conditions under which we make the website available to you. In the event of an inconsistency between this Agreement and our Privacy Policy, this Agreement shall prevail.

18. Alteration of Service or Amendments to the Conditions

18.1 We reserve the right to make changes to our website, policies, and these Conditions at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you).

19. Miscellaneous

19.1 These Conditions shall be construed under the laws of England and Wales.

19.2 If either party employs lawyers to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable lawyers fees.

19.3 Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.

19.4 If any provision of this Agreement shall be held by a Court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.5 All obligations created by this Agreement shall survive change or termination of the parties' business relationship.

19.6 Our failure to act with respect to a breach of this agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. The failure of Young and Son to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

19.7 This agreement does not affect your statutory rights.

20. Our details

This website is owned and operated by Leon Young, trading as Young and Son:
12 Church Street

You can contact us by visiting www.youngandson.com/contact

Young and Son Privacy and Security Policy

We respect and protect the privacy of the individuals that use our website. Individually identifiable information about you is never knowingly disclosed to any third party without first receiving your permission, as explained in this privacy and security policy ("Privacy and Security Policy").

General Security Issues

We are currently not taking credit card payments on this website - please look back here when our payment system and shopping cart are available. This is where you will find information about the privacy and security of your transactions on this website.

What information does Young and Son collect?

Young and Son collects personal information about you when you purchase products from our website. Young and Son also collects statistical information about your use of the website.

What do we do with information we collect?

Any information obtained via this web site, or any other web site controlled by us, will be used for the purposes of enabling purchases and communicating with you. Our communications with you are for the following purposes:

1. To enable you to purchase products from the website.

2. To tell you about important changes to the website including changes to our terms and conditions.

3. To occasionally tell you about significant improvements and new products available to you.

Young and Son also uses information gathered for our statistics. Such information is always used anonymously for our statistics and is only used internally.

Use of Cookies

Cookies are small files generated by a website and stored on your computer's hard drive. They can be used for a variety of reasons from remembering your personal preferences on a website to finding information about your internet use. Young and Son keeps the use of cookies to a minimum and never uses cookies to gain information about you or your behaviour. The use of cookies is required for certain features on the Young and Son website.

Does Young and Son disclose information it collects to outside parties?

Young and Son will never disclose any information about you (including your e-mail address) to other parties without your express permission.

How can you amend your personal information, or ask us to remove it or cease using it for marketing purposes?

The instructions to do this are clearly outlined in every piece of promotional material issued by Young and Son.

How do I find out more?

If you feel that there is a privacy or security issue that might affect your willingness or ability to use this website, then we would like to hear from you. We will respond to any concern about privacy or security. Please contact us with your specific queries: www.youngandson.com/contact

Changes to our Privacy and Security Policy

If we decide to change our privacy and security policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and in what circumstances we disclose it.

Young and Son is the trading name of Portobello Fine Art Ltd, UK co reg. 3218924. Vat registered 701 3074 88