Antique Armory Terms & Conditions

Effective Date: May 31, 2025

Antique Armory operates a trusted, impartial, and user-friendly online marketplace that facilitates connections between buyers and sellers worldwide, streamlining the exchange of unique and valuable items. Our platform supports seamless communication and secure transactions within a reliable environment.

Agreements Between You and Antique Armory

Article 1: Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Antique Armory. They govern your access to and use of our website (including all subpages and subdomains), mobile, tablet, and smart device applications, application programming interfaces, and all associated services (collectively, the “Platform”).

The Terms establish the rules for browsing, bidding, purchasing, and selling on the Platform. All users must accept and adhere to these Terms to participate in our online marketplace.

To provide clarity, we have divided the Terms into:

Buyer Terms: Applicable to users bidding or purchasing items.
Seller Terms: Applicable to users listing or selling items.

Additional guidance is available in our Help Center. In the event of any conflict between the Terms and the Help Center, the Terms shall prevail.

The Terms are drafted in clear, accessible language. A glossary of defined terms is available for further clarification. All content on the Platform, including these Terms, is originally written in English and may be translated into other languages. In case of discrepancies, the English version shall prevail.

These Terms, related policies, and Help Center content are governed by and interpreted in accordance with United States law.

Article 2: Guidelines and Policies

To ensure a safe and dependable marketplace, Antique Armory maintains several guidelines and policies, including:

Submission Guidelines: These assist sellers in identifying items suitable for auction and provide best practices for presentation. Further details are available in the Seller Terms.
Review Policy: Buyers may provide feedback on sellers, and sellers may respond. This feedback is publicly displayed to promote transparency.
User Communication & Anti-Harassment Policy: We require all communications to be respectful and professional. Inappropriate, offensive, or threatening behavior toward users or staff is strictly prohibited.

These guidelines and policies form part of the Terms. In the event of any inconsistency, the Terms shall take precedence.

Summary: Our guidelines and policies are designed to maintain a secure and respectful environment for all users.

Article 3: Additional Agreements and Legal Obligations

Your use of the Platform may be subject to other agreements or applicable international, national, and U.S. laws, with which you must comply. These include:

Contract of Sale: A binding agreement between buyer and seller for each item sold, as detailed in Article 10.
Professional Sellers’ Terms: Professional sellers may apply their own terms, provided they are disclosed prior to the sale and do not conflict with our Terms. In case of conflict, our Terms and the contract of sale shall prevail.
Laws Governing Specific Items: Certain items, such as alcohol, non-antique weapons, explicit content, or items protected by cultural heritage or endangered species laws, are subject to specific regulations.
General Legal Compliance: Users must comply with all applicable laws and regulations related to bidding, purchasing, listing, and selling items on the Platform.

Summary: Users are responsible for adhering to all relevant laws and regulations. Our Terms take precedence over any conflicting third-party terms.

How Antique Armory Operates

Article 4: Online Marketplace

Antique Armory is an online marketplace that connects buyers and sellers of distinctive items through automated auctions and other sales mechanisms. We act as a facilitator, not a seller, and do not own the items listed or sold on the Platform.

Buyers purchase directly from sellers, entering into a contract of sale that both parties are obligated to fulfill. Antique Armory provides services to enhance the bidding, purchasing, and selling experience.

Summary: Antique Armory is a platform that facilitates transactions between buyers and sellers, without direct involvement in the contract of sale.

Article 5: Services and Fees

Antique Armory offers a range of services to buyers and sellers, for which fees are charged. By using the Platform, you consent to these services and associated fees.

Expert Review: Our in-house experts, with extensive industry experience, virtually evaluate and select items for sale based on our submission guidelines. We retain sole discretion over which items are included in auctions.
Platform Services: These include tools to help buyers discover items, enable sellers to reach a global audience, and ensure a smooth transaction process.
Third-Party Services: We may engage or recommend third-party providers (e.g., for payments or shipping), whose services are subject to their own terms and may incur additional fees. We will notify you of any such fees in advance.
Ancillary Services: Optional services, such as shipping, insurance, photography, or third-party appraisals, may be offered for an additional fee, disclosed prior to use.
Buyer Protection Fee: Bidders pay a fee, typically 12% of the purchase price plus a fixed amount (inclusive of applicable tax), added to the checkout total. Discounts or promotions may apply, and applicable fees will be disclosed before charging.
Seller Success Fee: Sellers pay a fee, typically 12% of the purchase price plus a fixed amount (exclusive of applicable tax), deducted from the sale proceeds. Any deviations will be communicated in advance.

Summary: We provide expert review, platform functionality, and optional services to enhance the user experience, with transparent fees for buyers and sellers. Third-party services may involve additional costs.

Your Account and Responsibilities

Article 6: Account Creation and Management

To bid, purchase, or list items, you must create an Antique Armory account. Accounts are available to individuals of legal age residing in supported countries.

Supported Countries: Users must reside in a supported country to bid or sell. We will notify you if your country becomes unsupported, which may result in restricted services or account suspension.
Accurate Information: You must provide complete and truthful information about yourself or your company during registration and keep it updated. Providing false information or impersonating others is prohibited.
Data for Compliance: You agree to provide required data (e.g., for tax reporting) promptly and accurately. Failure to do so may result in account suspension or other measures outlined in Article 13.
Identity Verification: We or our service providers may require identity verification during registration or transactions. Failure to verify identity may prevent account creation or transaction completion.
Minors: Minors using the Platform must have parental or guardian consent, which we assume has been obtained.
Username Standards: Usernames must be appropriate, non-offensive, and not infringe on third-party rights. We may reject or request changes to usernames.
Account Security: You are responsible for maintaining the confidentiality of your username and password and for all account activity. We recommend regularly updating your password.
Account Termination: You may terminate your account at any time, subject to fulfilling any outstanding obligations (e.g., payment or delivery). We may refuse account deletion if obligations remain. Data retention is governed by our Data Protection and Privacy Notice.
Registration Discretion: We reserve the right to reject any account registration at our discretion.

Summary: An Antique Armory account is required to participate in the marketplace. Users must provide accurate, up-to-date information, secure their accounts, and comply with verification requirements.

Article 7: Personal Data

Antique Armory is committed to protecting your personal data in accordance with our Data Protection and Privacy Notice. Our data practices are guided by three principles:

Transparency: We strive to clearly communicate how your data is collected, used, and protected.
Care: We implement robust safeguards to protect your data and mitigate risks such as fraud or security breaches.
Relevance: We collect only the data necessary to enhance your experience and delete it when it is no longer needed.

Summary: We handle your personal data responsibly, prioritizing transparency, security, and relevance to improve your Platform experience.

Buying and Selling

Article 8: Auction Mechanics

Antique Armory hosts online auctions for unique items, where the highest bidder or buyer using the “Buy Now” option purchases the item. Key features include:

Ranking and Search: Items are ranked based on expert curation, algorithms, and, where applicable, paid advertisements. Search results are sorted by relevance (e.g., artist, year, or material) and can be filtered by criteria such as category or reserve price. Personalization may enhance item recommendations.
Binding Bids: All bids and “Buy Now” actions are legally binding. The highest bidder or “Buy Now” buyer is obligated to pay the purchase price, Buyer Protection fee, and any shipping costs.
Auction Duration: Auctions run for a predetermined period, ending when the time expires or a “Buy Now” purchase is completed. Bids placed in the final minute extend the auction by 90 seconds to allow counter-bids.
Reserve Prices: Sellers may set a minimum bid (reserve price) for their item. If unmet, the item will not be sold, and no contract of sale is formed.
After-Auction Sales: If an auction does not meet the reserve price or a sale is canceled, we may facilitate options such as offering the item to the highest or next-highest bidder or relisting it in another auction.
Notary Oversight: An independent civil notary oversees auctions to ensure compliance with these Terms.

Summary: Bids and “Buy Now” actions are binding, with auctions concluding at set times or upon “Buy Now” purchase. Late bids may extend auctions, and reserve prices may apply. We may facilitate post-auction sales and ensure oversight by an independent notary.

Article 9: Auction Rules

To maintain a fair and trustworthy marketplace, the following rules apply:

Appropriate Content: Users may not post or list inappropriate content, including promotional material unrelated to the item.
Eligibility: Users must be legally capable of entering binding contracts and may not use the Platform if suspended. Certain items may have age restrictions (e.g., alcohol).
Feedback Integrity: Actions undermining our feedback or rating systems are prohibited.
Account Non-Transferability: Accounts and feedback may not be transferred without our consent.
User Privacy: Collecting user information (e.g., email addresses) without consent is prohibited.
Contact Use: User contact information may only be used for transaction-related purposes.
No Shill Bidding: Bidding to artificially inflate an item’s price, desirability, or ranking is strictly prohibited, including bidding on your own items or those of associates.
No Side Deals: Transactions outside the Platform to avoid fees or impact other users are prohibited. Report such requests to us.
Legal Payments: Participation is prohibited if involved in money laundering, terrorist financing, or subject to economic sanctions.
Intellectual Property: Users must respect the intellectual property rights of Antique Armory, other users, and third parties.
Reporting Unlawful Content: Users should report suspected unlawful content. We will remove clearly unlawful material upon notification but may refuse requests lacking valid evidence.
Platform Integrity: Actions or tools (e.g., viruses, bots, or reverse engineering) that harm the Platform’s operation or security are prohibited.

Summary: Users must adhere to rules ensuring fair auctions, respectful interactions, and Platform integrity, refraining from actions that undermine trust or functionality.

Article 10: Contract of Sale

The highest bidder or “Buy Now” buyer enters into a contract of sale with the seller, governing all Platform purchases, including after-auction sales. Key points include:

Obligations: Buyers must pay the purchase price and related costs (e.g., shipping), while sellers must deliver the item as described.
Amendments: Buyers and sellers may amend the contract if legally compliant and consistent with our Terms, which prevail in case of conflict.
Our Role: Antique Armory is not a party to the contract but may mediate disputes or, in exceptional cases, cancel the contract (see Article 11).
Non-Compliance: If either party fails to fulfill their obligations, the other party (or Antique Armory on their behalf) may issue a notice of default with a reasonable deadline. Persistent non-compliance may lead to sale cancellation.
Cancellation: Canceling a sale voids the contract. The defaulting party is typically responsible for costs and damages, including our fees. Buyers may need to return the item for a refund.
Right of Withdrawal: Buyers may cancel the contract under our USA and EU Consumer Rights Policy.

Summary: The contract of sale binds buyers and sellers to their respective obligations. Non-compliance may lead to cancellation, with the defaulting party liable for costs. Antique Armory may assist in resolving issues but is not a party to the contract.

Resolving Issues

Article 11: Claims with Other Users

We strive to ensure smooth transactions but may intervene in disputes, such as when an item does not match its description.

Direct Resolution: Use our internal messaging system to resolve issues directly with the other party (e.g., agreeing to a partial refund).
Our Role: If parties cannot resolve a claim, we will use reasonable efforts to propose a fair solution, which may include refunds or payments. Users agree to comply with our instructions (e.g., providing photos).
Timely Reporting: Buyers must report issues within three days of receipt to pause seller payment. Late reports (after one month) may complicate resolution, as sellers may already have been paid.
Limitations: Virtual assessments limit our ability to verify item details fully, but we collect evidence to ensure fairness.
Refunds and Reimbursement: We may refund buyers or pay sellers during a claim. If a seller is paid but a refund is warranted, we may seek reimbursement from the seller, including fees and costs.
Protective Measures: We may suspend payments, accounts, or bidding/selling privileges to maintain Platform integrity.

Summary: We assist in resolving user disputes fairly, requiring timely reporting and compliance with our solutions. Protective measures may be taken to ensure fairness.

Article 12: Disputes with Antique Armory

If you are dissatisfied with our services or believe we have violated these Terms, we will seek a resolution.

Complaint Process: Report complaints in writing within six months of the issue. Late complaints may be deemed lapsed.
Out-of-Court Resolution: Consumers may engage certified dispute resolution bodies (e.g., ODR Platform). Professional sellers may use CEDR or e-POM.
Offsetting Claims: We may offset financial claims between you and us.
Incorrect Refunds: Buyers receiving incorrect refunds (e.g., via chargeback and refund) must reimburse us.
Limitation Period: Disputes must be pursued within 12 months of reporting, or they lapse.
Governing Law: These Terms and disputes are governed by United States law, with disputes submitted to the competent court in Amsterdam unless consumer law permits an alternative court (chosen within one month of notification).
Protective Measures: We may take actions as outlined in Article 13 during disputes.

Summary: We aim to resolve disputes amicably, through internal processes or third-party mediation, under United States law.

Article 13: Maintaining Platform Integrity

To protect the Platform’s reliability and fairness, we may take measures in response to violations, suspicious activities, or errors, including:

Limiting Participation: Suspending or terminating bidding/selling privileges or account status.
Account Restrictions: Disabling or limiting access to accounts.
Bid/Sale Actions: Rejecting, revoking, or removing bids, “Buy Now” actions, items, or auctions.
Auction Adjustments: Pausing, extending, or restarting auctions due to technical issues or outages.
Sale Cancellation: Canceling sales for reasons such as suspected counterfeits, technical errors, or force majeure, with users agreeing to our third-party rights under the contract of sale.
Unsold Items: Advising sellers on options for unsold items, such as relisting or offering to bidders.
Financial Measures: Suspending, withholding, or reversing payments/refunds.
Penalties: Imposing a penalty of 15% of the purchase price or $1,000 (whichever is higher) per violation, increasing by 10% for missed payments or repeat violations.

Our decisions in these matters are final.

Summary: We may take protective actions to safeguard the Platform, including suspensions, cancellations, or penalties, to address violations or ensure fairness.

Practical Considerations

Article 14: Nature of the Online Marketplace

Operating an online marketplace involves unique challenges in availability, security, and functionality.

Availability: We may modify, pause, or discontinue Platform features or operations for maintenance, testing, or improvements without guaranteeing constant availability.
Security: While we employ robust security measures, we cannot guarantee immunity from breaches (e.g., hacking).
Functionality: We strive to improve the Platform but cannot guarantee error-free performance or user satisfaction.
Virtual Review: Our experts’ virtual assessments cannot fully guarantee item quality, legality, or accuracy, which remains the seller’s responsibility.
Independent Users: We cannot guarantee the accuracy of user content, seller reliability, or buyer payment ability.
Expectations: We cannot guarantee specific outcomes, such as item sales or prices meeting expectations.
Liability: We are not liable for issues beyond our control, including user violations, inaccurate information, or technical disruptions. If liable, our responsibility is limited to direct damages, capped at the fees charged in the prior three months or €500, whichever is lower, except in cases of gross negligence or willful misconduct.
Indemnification: Users must indemnify Antique Armory against claims or damages arising from their violations, improper actions, or breaches of law or third-party rights.

Summary: We work to maintain a secure and functional Platform but cannot guarantee outcomes or assume liability for user actions or technical issues.

Article 15: Amendments to Terms

We may update these Terms, policies, or guidelines at any time, with changes published on the Platform. Significant changes affecting your rights or obligations will be communicated via email or Platform notifications.

Acceptance: Continued use of the Platform after amendments constitutes acceptance of the updated Terms.
Rejection: If you reject the amended Terms, you must cease using the Platform, and your account will be terminated.
Severability: If any Term is void, the remaining Terms remain binding. We will replace void provisions to align with their original intent.
Rights Transfer: We may transfer our rights and obligations under these Terms to third parties, which you accept by agreeing to these Terms.

Summary: We may update our Terms, with material changes communicated to users. Continued use implies acceptance, and void provisions will be replaced.

Article 16: Communication and Reviews

Our internal messaging system facilitates communication between buyers and sellers for transaction-related purposes. Users must adhere to our User Communication & Anti-Harassment Policy and refrain from:

Sending unsolicited promotions, spam, or donation requests.
Engaging in harassment, discrimination, or insults.
Arranging transactions outside the Platform to avoid fees.
Reviews: Buyers may leave feedback after a purchase, and sellers may respond. We may amend reviews if disputes are resolved or errors are evident. See our Review Policy for details.
Contacting Us: Our support team is available to address questions, technical issues, or concerns, responding promptly with solutions where possible.

Summary: Users must communicate respectfully and use our systems appropriately. Reviews enhance transparency, and our support team is available to assist.