Terms of Use
By accessing, browsing, or using this Website ( https://www.hillscollectibles.com and all associated subpages, collectively the “ Website ”), viewing any content, creating an account, or making any purchase,you irrevocably acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue all use ofthe Website and refrain from making any purchases.
Definitions
- means all items offered for sale on the Website, including but not limited to antiques,vintage goods, art, artifacts, coins, militaria, ethnographic items, and other rare or unique objects.
- means the highest level of disclaimer possible, with the Buyerassuming every risk associated with the item.
- includes all text, descriptions, images, photographs, videos, condition reports,provenance details, pricing, and any other material on the Website.
Acceptance and Modifications
You accept:
- We reserve the unrestricted right to revise, update, or replace these Terms at any time and for any reason,with or without notice. Your continued use of the Website or any purchase after changes constitutes yourbinding acceptance of the new Terms. You are solely responsible for reviewing the Terms periodically.
- We reserve the right to withdraw or amend this Website and any service or material we provide on theWebsite in our sole discretion without notice. We will not be liable if for any reason all or any part of theWebsite is unavailable at any time or for any period. From time to time, we may restrict access to someparts of the Website, or the entire Website, to users, including registered users.
- To access the Website or some of the resources it offers, you may be asked to provide certain registrationdetails or other information. It is a condition of your use of the Website that all the information you provideon the Website is correct, current, and complete. You agree that all information you provide to register withthis Website or otherwise, including but not limited to through the use of any interactive features on theWebsite, is governed by our Privacy Policy, and you consent to all actions we take with respect to yourinformation consistent with our Privacy Policy.
- If you choose, or are provided with, a user name, password or any other piece of information as part of oursecurity procedures, you must treat such information as confidential, and you must not disclose it to anyother person or entity. You also acknowledge that your account is personal to you and agree not to provideany other person with access to this Website or portions of it using your user name, password or othersecurity information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from youraccount at the end of each session. You should use particular caution when accessing your account from apublic or shared computer so that others are not able to view or record your password or other personalinformation.
- We have the right to disable any user name, password or other identifier, whether chosen by you orprovided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you haveviolated any provision of these Terms of Use.
Privacy Policy
We respect your privacy and do not sell or rent your personal information to third parties. However, we may share your data with:
- Your use of the Website is also governed by our Privacy Policy, which is expressly incorporated into theseTerms by reference.
Intellectual Property Rights
All Website Content, including but not limited to product descriptions, images, photographs, logos, designs,layouts, compilations, and software, is the exclusive property of the Company or its licencors and is protected by Canadian and international copyright, trademark, trade secret, and other intellectual property laws.
You are granted only a limited, non-exclusive, non-transferable, revocable license to view the Website for your personal, non-commercial use. Any other use including reproduction, modification, distribution, public display, transmission, reverse engineering, or commercial exploitation is strictly prohibited without our prior written consent.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
The Company content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licencors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licencors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Product Information, Descriptions, Images & Authenticity
All descriptions, images, condition reports, provenance information, attributions, dates, appraisals, origin details, rarity claims, and any other information provided on the website are strictly our opinion only. They are inherently subjective, based on our knowledge and research at the time of listing, and are not representations of fact.
We make absolutely no warranties or representations (express, implied, statutory, or otherwise) regarding authenticity, age, maker, provenance, condition, rarity, value, originality, material composition, or fitness for any purpose whatsoever.
All items are sold strictly “as is, where is, with all faults.” Buyers assume all risks associated with the urchase of collectibles, which by their nature are often unique, previously owned, and subject to varying expert interpretations.
We strongly recommend and in fact require that every Buyer perform their own comprehensive due diligence, including independent expert examination, scientific testing, and authentication before purchase.Any expert opinions or references we provide are for general informational purposes only and create no warranty or right of reliance.
The Company, its owners, and operators shall have no liability for any alleged error, omission,misinterpretation, or difference of expert opinion regarding any item.
Purchases, Payments and Order Acceptance
All purchases are binding upon confirmation. We reserve the right to refuse, cancel, or limit any order forany reason, including suspected fraud, errors in pricing or description, or supply issues. By completing apurchase, you authorize us (and our payment processors) to charge the full amount, including all taxes,shipping, and handling fees. All prices are in Canadian dollars unless otherwise stated.
Shipping, Delivery and Risk of Loss
Risk of loss and legal title pass to you the moment the item is delivered to the shipping carrier. We are notresponsible for any loss, damage, theft, delay, or destruction once the item leaves our possession.
International Buyers are solely responsible for all customs duties, import taxes, VAT/GST, brokerage fees,and compliance with all import/export laws and restrictions in their jurisdiction. We assume no liability forcustoms seizures, delays, additional charges, or prohibitions on importation of cultural or historical items.
Returns, Refunds, Cancellations and Exchanges
All sales are final. We do not accept returns, refunds, exchanges, or cancellations under any circumstances except in the extraordinarily rare case where we, in our sole and absolute discretion,determine that the item delivered was materially and demonstrably not the item pictured and described due to our clear error.
Any such claim must be submitted in writing with high-resolution photographic evidence within 48 hours of receipt. We reserve all rights to inspect the item upon return (at Buyer’s expense) and to make the final determination on any remedy. No refunds, replacements, or credits are guaranteed.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its owners, officers,directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential,punitive, exemplary, or other damages whatsoever (including loss of profits, revenue, data, goodwill,business opportunity, or anticipated savings), even if we have been advised of the possibility of suchdamages.
Our total aggregate liability to you for any claim shall not exceed the lesser of (i) the amount actually paidby you to us for the specific item giving rise to the claim, or (ii) one hundred Canadian dollars
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its owners, officers, directors, employees,agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs,expenses, and legal fees (on a full indemnity basis) arising out of or in any way related to:
- Your use of the Website or any purchased items;
Any breach of these Terms; - Any claim that you relied upon our descriptions, opinions, or images;
- Any violation of applicable laws or third-party rights.
Prohibited Conduct
You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorized access toany part of the Website; (c) scrape, data-mine, or copy content; (d) transmit viruses or harmful code; or (e)harass, threaten, or interfere with other users or our operations.
Links to Third-Party Sites
Any links to external websites are provided for convenience only. We have no control over, and assume noresponsibility for, the content, privacy policies, or practices of any third-party sites.
Force Majeure
We shall not be liable for any failure or delay in performance caused by events beyond our reasonablecontrol, including but not limited to acts of God, war, terrorism, strikes, pandemics, government orders, orshipping disruptions.
Arbitration and Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any purchaseshall be resolved exclusively by final and binding arbitration in Toronto, Ontario, under the rules of the ADRInstitute of Canada. You waive any right to class actions, jury trials, or court proceedings. You areresponsible for your own arbitration costs.
Governing Law and Jurisdiction
These Terms are governed exclusively by the laws of the Province of Ontario and the applicable federal lawsof Canada, without regard to conflict of laws principles.
Miscellaneous
These Terms constitute the entire agreement between you and the Company.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force andeffect.
Our failure to enforce any right does not constitute a waiver.
We may assign our rights and obligations freely; you may not.
It is the express wish of the parties that these Terms and all related documents be drafted in the Englishlanguage only.
By using this Website or making a purchase, you confirm that you have read, fully understood, andvoluntarily agree to all of the above Terms.
