Cabinet of Curiosity (COC) and its related sites, services, applications, and tools (each and collectively, the “Site”) are owned and operated by cabinetorcuriosity.me (“COC,” “Us” or “We”, “Seller”). These terms and conditions (“Terms”) govern your (“Buyer”) use of the Site and your conduct on the Site.
We may modify these Terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to this Site. We encourage you to check the Site frequently to see the current Terms in effect and any changes that may have been made. By using the Site following any modifications to the Terms you agree to be bound by the modifications.
Any inquiries concerning these Terms should be directed to us at the address below.
We control and operate the Site from our offices in the United Arab Emirates (UAE), and all information is processed within the UAE or at the location of our service providers. We do not represent that materials on the Site are appropriate or available for use in locations outside the UAE. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Buyers agree to comply with all applicable laws, rules and regulations in connection with their use of the Site. The Site may be used only for lawful purposes and in a lawful manner. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the UAE or the country in which you reside as well as the restrictions on import or export of Items from the UAE to your country.
The Site provides an online marketplace for the team at COC (“Seller”) to offer to sell goods (“Items”) to Buyers. The sale is directly between the Buyer and the Seller.
The role of COC is expressly limited to making the Site available and maintaining the Site. COC is responsible for the actual sale of Items. COC is responsible for the final sale and delivery of the product. COC has no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by COC.
By using the Site, buyers select and purchase goods marketed by COC, solely of their own initiative, placing orders via the Site.
COC is responsible for the delivery and legal ownership of items to you.
We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
COC may, but is not obligated to, provide services in connection with customer service or dispute resolution matters.
You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs and the Buyer represents having such experience.
COC expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of COC, for any reason or no reason at all, and without prior notice.
COC reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. COC may refuse service to anyone at any time in its sole discretion. COC will not be liable to any Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
Registration may be required in order to use the Site.
Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.
Buyers may cancel their registration and account at any time. For your security, requests to terminate accounts MUST originate from the registered email account at COC addressed to email@example.com. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.
COC is responsible for describing the items it is offering to sell. COC is not responsible for inaccuracies in item description on the Site.
All Items displayed on the Site are sold “AS IS”. COC does not make any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. COC makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
The Buyer is aware that unless otherwise stated, the Items are not new nor in perfect condition and may require touch-up or repairs prior to use and that the available information about these Items may be limited. The Site is designed to provide the Buyer access to Items as COC presents them. Accordingly, COC does not verify any information provided by the original COC or source of the product (or its representative selling an Item) and COC makes no representations or warranties with respect to the Seller, the Item or the information related to the Item.
The Buyer is responsible for accepting the value, condition and authenticity of the Items being purchased, to pay the purchase price to COC including any sales tax, VAT or import/export duties, and to pay for arranging for shipping of the Items purchased.
The agreements between the Buyer and COC shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
COC is not responsible in any way for the description or pricing of Items on the Site.
However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. COC has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will COC be held liable for any damages due to such interruptions or lack of availability.
Because some of the Items displayed on the Site are unique and are offered by COC that usually have retail opportunities for the sale of the Item independent from COC, all Items displayed on the Site are offered for sale strictly subject to availability.
Immediately upon receipt of the Sale Confirmation, the Buyer shall remit an amount equal to 100% of the Total Purchase Price. In the event Buyer has previously posted a reserve with COC for the Item, then the amount of the reserve shall be credited against the Total Purchase Price and Buyer shall remit the remaining balance of the Total Purchase Price.
The Buyer hereby irrevocably authorizes COC upon Sale Confirmation to charge the Buyer’s credit card or other payment methods for an amount equal to the Total Purchase Price.
If for any reason after receipt of the Sale Confirmation, Buyer cancels a payment made by credit card or any other means or the Buyer otherwise fails to make any payment(s) with respect to the Total Purchase Price, Buyer shall remain liable to COC for the full Total Purchase Price and any costs related to the sale of the Item including but not limited to taxes, storage and handling fees if applicable and any costs incurred by COC associated with collecting any amount due including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to the preceding sentence and in addition to any other remedies at law or equity, in the event of Buyer default, COC reserves the right, at its election, to retain any and all payments paid by Buyer prior to Buyer default with respect to the Item and to cancel the sale of the Item without any further obligation to Buyer. The Buyer acknowledges and agrees that damages to COC in the event of Buyer Default will be difficult or impossible to prove and that the paid amount is reasonable compensation to COC for damages suffered and constitutes liquidated damages and not a penalty.
A Buyer has the right to cancel its order without giving reason until COC has delivered the item to the Buyer or a third party indicated by the Buyer receives an Item. The Buyer must inform COC of its decision to cancel the order in writing within this period. COC will reimburse all payments received from this Buyer for the Items purchased and the Buyer will incur no fee as a result of such reimbursement.
Once the product(s) are within the possession of the Buyer or their third party without a COC representative, employee, or management present, the item(s) are deemed sold and cannot be returned, refunded, or order cancelled.
If the Buyer is purchasing an Item based partially or entirely on its stated provenance, designer or creator, the Buyer may at its option and at its own cost arrange with COC to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Any arrangements for inspection shall be made between the Buyer and COC. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert is at the Buyer’s own risk and cost.
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, “Taxes”). The Buyer shall pay COC such Taxes as COC is required to collect, but failure of COC to collect the Taxes will not relieve the Buyer’s obligation. It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the UAE or any other country.
Some of the Items sold on the Site may require cultural, customs and endangered species permits for export from the country where they are located and import into the Buyer’s country and/or the UAE. Items may also be subject to a right of the country from which they are exported to purchase the Items from the Buyer, sometimes called a “right of preemption”. COC does not make any representation, gives any warranty or shall have any liability to the Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere.
For each Item sold on the Site represents that COC will convey clear title of each Item to the Buyer upon receipt by COC or his/her agent of their Total Purchase Price for the Item.
In the case of Buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon Seller’s delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from the Seller. In the case of COC arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item. COC represents that COC is the sole owner of each Item COC is offering for sale on the Site or that COC is duly authorized by the owner of the Item to sell the Item and that COC will transfer ownership of the Item to the Buyer free from any claims by third parties.
Buyer-arranged shipping. Buyer is in every instance free to arrange Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents. Buyer may also ask COC to arrange for shipping of Items on Buyer’s behalf which may be subject to pre-advertised shipping prices.
COC-arranged shipping. Buyer may elect to have COC arrange for crating, packaging, shipping and freight insurance. Upon Buyer’s request COC shall provide shipping information including the name of the freight carrier, the complete cost of shipment from COC to Buyer’s designated receiving address, the cost of any duty or other charges to be paid by Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by COC for crating or packaging the Items for shipment is included in the checkout Total Purchase Price. Exact breakdown of those costs will not be provided to the Buyer.
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Site Monitoring. COC reserves the right, but accepts no obligation, to monitor any activity and content on the Site. COC may investigate any reported violations of applicable law, rule or regulation applicable to Buyers or transactions on the Site and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site. COC may also investigate the use of a credit card by a Buyer and take such action as COC deems appropriate, including but not limited to canceling any offer placed by such Buyer.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
If you become aware that material appears on this site in violation of a copyright please notify us by email at firstname.lastname@example.org
As between you and COC, (or other company whose marks appear on the Site), COC (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by COC. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of cabinetofcuriosity.me, or other entities. Such trademarks, service marks and trade names may be registered in the United Arab Emirates and internationally. Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Images created or produced or modified by COC. All images created or produced or modified by COC are the sole property of COC. COC may use any such image to promote the Site or for any other purpose at any time without restriction.
COC site may link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
All Site users agree to defend, indemnify and hold cabinetofcuriosity.me, its owners, directors, officers, employees, agents, vendors, partners, contractors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale if Items, the nature or quality of items, their disputes with any COC in connection with use of the Site, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Site, including, but not limited to, any third party claim that any information or materials such Site user provides infringes any third party proprietary right. All Site users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of these Terms and your use of the Site.
You expressly agree to release COC, its affiliates and subsidiaries, and their respective owners, directors, officers, employees, agents, shareholders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You agree that no joint venture, partnership, employment, or other agency relationship exists between you and COC as a result of these Terms or your use of the Site.
You understand and agree that:
the site is provided on an “as-is” and “as available” basis. coc makes no representation or warranty of any kind, express or implied, with respect to the site, any items offered for sale or sold on or through the site or any seller, including without limitation:
The Buyer must direct all claims regarding any Item to COC and must resolve any dispute regarding any Item directly with COC.
No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty by COC not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.
In no event shall cabinetofcuriosity.me, its affiliates or any of their respective owners, directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if coc or its representative or such individual has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. in no event shall the total liability of coc to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, aed 500. without limiting the foregoing, in no event shall cabinetofcuriosity.me. or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf coc.
Any notices shall be given by postal mail addressed to Cabinet of Curiosity PO BOX 16187342, Abu Dhabi, UAE, to the attention of Legal Department or to the e-mail address provided to COC and currently on record. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless COC is notified that the e-mail address is invalid, in which event COC may give notice by postal mail at the address provided to COC by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Failure of COC to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to COC under these Terms or at law. These Terms represent the entire agreement between you and COC and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and COC. Paragraph headings are for convenience only and not for interpretation of these Terms.
To contact us with any questions or concerns in connection with these Terms or the Site please write to us at: email us at email@example.com.