Last Revised: June 16, 2021
These Terms and Conditions (the “Terms”) are an agreement between you or the entity you represent (hereinafter referred to as “you,” “your,” or “user”) and The Katana Connection Pte Ltd, a private limited company governed by the laws of the Republic of Singapore (hereinafter referred as “Company,” ”we,” “our,” or “us”). We own and operate the website found at realrareantiques.com (“Platform”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use any part of the Platform.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform. The Company may inform you of the changes to the Terms using the available means of communication. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions.
By registering for an account, you represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) you do not impersonate any person or entity, including any of the Company’s employees or representatives, and (d) you have reached the age of majority in the state/province/country of your residence.
When using the Platform, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign or give access to your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service and terminate your account.
The Company does not knowingly collect personal data from persons under the age of 18 (eighteen) or under the age of majority. If you are under the age of 18 or under the age of majority, you may not use the Platform and may not enter into the Terms under any circumstances.
If you register for an account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Your use of the Platform is subject to the following restrictions:
- you shall not sublicense, sell, rent, lease, transfer, or assign your or give access to your account to any third party;
- you shall not permit anyone else whose account was terminated, or who is not a registered user, to use the Platform through your account;
- you shall not create more than one account;
- you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, or reverse engineer any part of the Platform;
- you shall not make any use of the media found on the Platform for your commercial or marketing purposes;
- you shall not access the Platform in order to build a similar or competitive service/platform/website;
- you shall not impersonate other individuals or provide inaccurate information about yourself;
- you shall not represent an entity without its prior authorization to do so;
- you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose;
- you shall not violate or encourage others to violate laws, third party rights, these Terms and policies incorporated herein by reference;
- you shall not express or imply that any statements you make are endorsed by us, without our prior written consent;
- you shall not upload, distribute, or transmit any computer viruses, worms, Trojan horses, malicious code, or any software intended to damage or alter a computer system or a mobile device or data;
- you shall not retrieve, index, “data mine,” or collect information or data of other users, including their email addresses, (e.g., using any harvesting bots, robots, spiders, or scrapers, site search/retrieval applications, or other manual or automatic devices);
- you shall not disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack);
- you shall not attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining);
- you shall not engage in spamming or flooding;
- you shall not “frame” or “mirror” any part of the Platform; and
- you shall not restrict or inhibit any other user’s use and enjoyment of the Platform, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Platform;
Violation of any of the above may be subject to termination of your account or suspension of your access to the Platform.
PURCHASE & REFUND POLICY
The Platform sells and auctions rare antiques belonging to the Company or third parties (“Product(s)”). In order to purchase a Product, you must be at least 18 years of age or the age of majority in your state or country of residence.
Before purchasing a Product sold by a third party via the Platform please read the section “Third Party Products” found below.
Due to the high cost involved in moving antique pieces from one place to another, we do not offer refunds, returns or exchanges. All sales are final. Please make sure you review Product descriptions and high resolution images before placing an order and examine Products as soon as you receive them, whether with the help of an expert of your choice or by doing it yourself. We stand 100% behind our Products, and we have examined them carefully before listing any of them. By purchasing a Product on the Platform, you agree that you have examined all images and description of the Product carefully and are ready to purchase it.
We offer identification service for various antique pieces. If you wish to know more about your items, our experts can examine your pictures and give you more detailed information about your item’s origin and whether your item is real antique or not. Click here to book our service.
Once we will receive your payment and your email with attached images of your item (please use high resolution photos) allow between 14 to 21 days for our experts to provide their opinion. You will receive an email with our report on:
- whether your item is a real antique or a new made item,
- specific reasons why we believe it to be real or fake, and
- origin and approximate age of your antique item provided that it is a real antique piece.
THIRD PARTY PRODUCTS
The listing information set forth on this Platform is based upon information which we consider reliable, however, we cannot represent and warrant that descriptions of Products listed by third parties are accurate or complete. Any such third party listings may be subject to errors, omissions, changes (including price changes), or withdrawal without notice. It is recommended that you hire an expert in determining authenticity of any such third party Products.
In order to become an antiques seller on our Platform, your item must first go through our identification process. Once you book our identification service we will examine your item. Should we deem your item a real antique we will grant you permission to list your item on the Platform.
We may choose to use an escrow service when a user purchases a Product listed by a third party seller on the Platform. The funds will be placed in such escrow service account until the buyer confirms the receipt of the purchased Product. The buyer will be given one (1) day from the date of the receipt to examine the Product for authenticity.
The Company cannot guarantee the authenticity of Products sold and sent out by third party sellers, therefore, the buyers are encouraged to consult with experts of their choice before purchasing any such Product or upon receipt of any such Product.
All prices are published on pages of the Platform and are in the US dollars. Should you have any questions, feel free to contact us directly. We may, at our sole discretion, at any time change the prices on the Platform. The Platform offers several payment systems, which have their own commission structures. Any such commissions will be incurred by you when you choose a particular payment system. Acceptable forms of payment are bank transfers, credit/debit card payments, and cryptocurrency transfers. Please visit our Frequently Asked Questions page in order to find out what cryptocurrencies we accept and how to make a bank transfer.
After your payment is confirmed, your Product will be shipped to you between 3-5 business days. We use express shipping services, so usually, if not delayed by custom of your country, it will take between 3 to 7 business days for an item to be delivered. Once the Product is dispatched, you will receive an email confirmation with tracking number information. We will not ship to any country which is in the USA’s black list or any country which restricts the import of antiques. You are solely responsible for payment of any customs and other imposed by your government on such purchases.
DISCLAIMERS & INDEMNIFICATION
The Products, services, and Platform are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of any service or Product will meet your expectations. Occasionally some information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to Product or service descriptions, pricing, promotions, or offers.
Moreover, the colors or textures of the Products can come out slightly different in the images represented through the Platform.
You agree to indemnify, defend and hold the Company and its directors, officers, employees, agents, and successors harmless from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from (i) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms, and (ii) your purchase or use of any Products offered by third party sellers through the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
Any delay or failure of the Company to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond the Company’s reasonable control and without its fault or negligence (“Force Majeure”). Force Majeure includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, court injunction, or court order. If the Company is claiming Force Majeure, the Company must provide users of the Platform with written notice of such delay (including the anticipated duration of the delay) within ten days of the occurrence of Force Majeure.
TERM & TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform or by closing your account. Please send us an email if you wish to close your account.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform or your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.
DISPUTE RESOLUTION & GOVERNING LAW
Disputes Between Users. You agree to use your best efforts to settle any dispute you may have with any other user of the Platform in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, you may pursue the issue independently. You acknowledge and agree that the Company will not and is not obligated to provide any dispute assistance under these Terms.
Disputes Between User and Company. Please read this section (hereinafter referred to as the “Agreement to Arbitrate”) carefully as it affects your rights and will have a substantial impact on how disputes between you and the Company will be resolved.
You agree that any claim or dispute at law or equity that may arise between you and the Company relating in any way to or arising out of these or previous versions of the Terms, any policies incorporated herein by reference, your use of the Platform or Products will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. You and the Company further agree as follows:
- Applicable Law
You and the Company agree that the laws of the Republic of Singapore will govern this Agreement and any claim or dispute that has arisen or may arise between you and the Company, except as otherwise stated in these Terms.
- Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AND THE COMPANY AGREE THAT EACH ONE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES.
- Arbitration Procedures.Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except as prohibited by law.
The arbitration will be conducted by the American Arbitration Association (“AAA“) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, via email, a written Notice of Dispute (“Notice“). The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. The Notice to the Company should be sent to The Katana Connection Pte Ltd, Re: Notice of Dispute, firstname.lastname@example.org. The Company will send any Notice to you to the email we have on file associated with your account; it is your responsibility to keep your email address up to date.
If you and the Company are unable to resolve the claims described in the Notice amicably within 30 days after the Notice is received, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or the Company shall not be disclosed to an arbitrator.
The arbitration hearing shall be held in mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same the Platform user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Severability.With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” of this Agreement to Arbitrate, if an arbitrator decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” of this Agreement to Arbitrate is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void.
- Opt-Out Procedure.If you are a new platform user, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice (“Arbitration Opt-Out Notice“). The Arbitration Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Arbitration Opt-Out Notice to The Katana Connection Pte Ltd Re: Arbitration Opt-Out Notice, email@example.com. You must complete the Arbitration Opt-Out Notice by providing your full name, address (including street address, city, state and zip/postal code), and email address associated with the Platform’s account and state that you wish to opt out of this Agreement to Arbitrate. You have to sign the Arbitration Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate.Notwithstanding any provision in this Agreement to Arbitrate to the contrary, you and the Company agree that if the Company makes any amendment to this Agreement to Arbitrate (other than an amendment to any notice address provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and the Company. Any amendments to this Agreement to Arbitrate will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of the revised Agreement to Arbitrate and (b) agreement to be bound by any such revised terms and conditions.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by an arbitrator order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a court located in the Republic of Singapore. You and the Company agree to submit to the personal jurisdiction of the courts located within the Republic of Singapore for the purpose of litigating all such claims or disputes.
Frequently Asked Questions. If you want to learn more about our Products and Services, you may access our FAQ section.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms, the Platform, or any Product or service you purchase. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to firstname.lastname@example.org or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Contact Us. If you have any questions about these Terms, please contact us at: