FINERFINER PLATFORM TERMS OF USE
1. Introduction
1.1 FINERFINER was founded to give modern collectors the marketplace they deserve and to power a vibrant, circular economy for art and design. We match collectors seeking to buy, with collectors seeking to sell.
1.2 We do this by:
1.2.1 hosting the FINERFINER Platform which brings Buyers and Sellers together to exchange goods;
1.2.2 providing additional administrative services to facilitate the sale and guarantee the satisfaction of Buyers and Sellers alike; and
1.2.3 providing optional Delivery Services.
1.3 These Terms constitute a contract between all Users of the FINERFINER Platform (you) and FINERFINER. Your use of our FINERFINER Platform is subject to these Terms and by using the FINERFINER Platform you agree to be bound by them. If you do not agree to these terms, you must not use the FINERFINER Platform. You should print a copy of these Terms for future reference.
1.4 By registering with FINERFINER as a Buyer or Seller, you represent and warrant that:
1.4.1 you are at least 18 years of age;
1.4.2 you accept full responsibility for the use of the FINERFINER Platform through your Authorised User Account on any device, whether or not it is owned by you; and
1.4.3 you will fully comply with these Terms, any Sales Contract and any applicable laws.
1.5 In some areas you will have different rights under these Terms depending on whether you are a Professional or a Consumer. You are a Consumer if:
1.5.1 you are an individual; and
1.5.2 you are ordering Services from us wholly or mainly for your personal use (not for use in connection with a Professional).
1.6 To avoid any confusion provisions specific to Professionals only are in bold.
1.7 If you are a Professional these Terms constitute the entire agreement between us in relation to your sale or purchase of any Items. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
2. Definitions
48-Hours Grace means the Escrow service, where the Buyer’s funds are held in Escrow for 48-hours after delivery, before the sale is processed and funds are transferred to the Seller. Authentication Fee means the fee charged by FINERFINER to the Buyer for the assessment by experts of an Item purchased by the Buyer prior to delivery of the Item.
Authorised User means the individuals, employees or authorised representatives of any User who is authorised by FINERFINER to use the FINERFINER Platform.
Authorised User Account means an account (together with login details) which entitles an Authorised User to access and use the FINERFINER Platform in accordance with this Agreement.
Business means an entity that is purchasing or supplying the Items in connection with a trade, craft or profession.
Buyer means all Users of the FINERFINER Platform that wish to purchase Items from Sellers.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, Professional, craft or profession.
Delivery Services means order fulfilment and logistics services carried out by FINERFINER or elected partners on behalf of Buyers.
Escrow the custody of Final Item Prices by Stripe prior to release from Buyer to Seller subject to the Sales Contract and these Terms.
Final Item Price means the value of any Items paid by the Buyer to the Seller.
FINERFINER/ ‘we’ ‘us’ ‘our’ means the company that provides the Services and maintains the FINERFINER Platform being FINERFINER Ltd, a company registered in England with UK company registration number: 14773722, having its registered office at 7 Melrose Gardens, London, England, W6 7RN.
FINERFINER Platform means the ‘FINERFINER’ online platform which includes its proprietary domain FINERFINER.com and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by FINERFINER.
Invoicing and Payment means the service facilitated by Stripe, where payment is collected from Buyers and paid out to Sellers in accordance with Clauses 5 and 14.
Item Listing means the advert for an Item for sale placed by the Seller on the Marketplace.
Items means the goods uploaded by Sellers on the Platform for purchase by Buyers.
Item Offer means an offer to purchase Item for a price differing from the Listing Price made by a Seller to a Buyer.
List Price means the price of the Item as displayed for instant purchase by the Seller within the Listing.
Marketplace means an aggregation of Items uploaded by Sellers which Buyers may offer to purchase.
Message Centre means the instant chat service provided by the FINERFINER Platform to facilitate negotiations between Buyer and Sellers.
Notification means a message from FINERFINER to Users either via e-mail or the FINERFINER Platform.
Platform Services means the services provided by FINERFINER to Sellers and Buyers, including, but not limited to: Invoicing and Payment, provision of the Marketplace, Message Centre and Notifications.
Seller means one of FINERFINER’s approved merchants from whom Buyers may purchase Items through the FINERFINER Platform.
Seller Commission Fee means the fee payable to FINERFINER by Sellers under these Terms as defined in Clause 13.
Stripe Connected Account means a Seller’s online bank account where the Seller has agreed to the Stripe Services Agreement and received approval from Stripe to receive the Stripe Services;
Stripe Services Agreement means the Stripe Connected Account Agreement, which includes the Stripe terms of service;
Stripe Services means the payment processing services offered by Stripe to FINERFINER and Stripe Connected Accounts including services that enable the acceptance of payments from Buyers and the routing of money to and from Stripe Connected Accounts.
Terms means these Terms of Use.
User means all Sellers and Buyers that use the FINERFINER Platform.
TERMS FOR BUYERS
3. Authorised User Account Registration
3.1 Whilst the Platform is open to browse for all visitors, before you are able to purchase an Item via the Marketplace, you will be required to register for an Authorised User Account via the FINERFINER Platform. You and any Authorised Users remain responsible for all actions and security in relation to your Authorised User Account.
3.2 If you wish to become and Authorised User, you must signify agreement with the Privacy and Cookies Policy and these Terms.
3.3 You can change your details and preferences at any time in the ‘my account’ section of the FINERFINER Platform.
4. Engaging Sellers
4.1 Once registered with us, Buyers are able to engage with Sellers on the Marketplace via the Message Centre and submit Item Offers or purchase any Item at the List Price directly without negotiation.
4.2 Buyers’ Authorised Users with access to the FINERFINER Platform will receive a Notification once a Seller responds in the Message Centre or accepts an Item Offer.
4.3 Where Sellers have responded to an Item Offer with a counteroffer, the Buyer will then have the choice to make a new Item Offer or end the negotiations without liability.
4.4 Should an Item Offer made via the FINERFINER Platform be accepted without modification by the Seller or where a Buyer purchases the Item at the List Price, a binding agreement will be immediately formed between the Buyer and the Seller for the Item, subject to these Terms (Sales Contract).
4.5 Once the Sales Contract has been formed, all contractual matters relating to the performance of the Sales Contract are between the Buyer and the Seller. It is therefore of the utmost importance that you carry out thorough enquiries with the Seller prior to purchase.
4.6 If you are an employee or independent representative using our FINERFINER Platform on behalf of a Buyer, please ensure that you have the requisite authority to contractually bind the legal entity or organisation on whose behalf you are operating. If you are not authorised to bind that legal entity or organisation, you should not attempt to enter into a Sales Contract with a Seller.
4.7 When using our FINERFINER Platform, all Buyers represent and warrant that:
4.7.1 they shall not misuse any personal data of Sellers shared with them through the FINERFINER Platform in contravention of the Data Protection Laws (defined in Clause 23.5) or send unsolicited communications to Sellers; and
4.7.2 no attempt will be made to circumvent FINERFINER by entering into a separate agreement for Items with a Seller introduced to them through the FINERFINER Platform outside of the FINERFINER Platform.
4.8 Buyers agree to provide reviews of Sellers and Items where requested for the purpose of improving the FINERFINER Platform.
5. Delivery
5.1 Delivery Services can be arranged and executed by us upon your request for an additional charge (Delivery Fee).
5.1 Please note that if you elect not to use our Delivery Services you will not be eligible to benefit from our In-House Authentication or 48-Hours Grace (the Escrow service).
5.2 We offer standard Delivery Fees for shipping locations within Greater London, which can be purchased at checkout. Delivery rates can be found here.
5.3 For all deliveries to shipping locations outside of London, arrangements can be made after purchase, via the Delivery team.
5.4 Transit insurance is included in the price of the Delivery Services which covers the Item up until the point of acceptance by you.
It is your responsibility to ensure they you able to accept delivery of your Items and that the intended space can accommodate the Items you have purchased (all dimensions are provided on the Listing).
6. Authentication
6.1 We offer a service to authenticate your Item to ensure that it is genuine and as described by the Seller. This service can be purchased at check-out in consideration of the Authentication Fee.
6.2 We endeavour to complete the authentication process within 7 calendar days of purchase and in any event as soon as possible.
6.3 Once complete we will either provide you with a Certificate of Authenticity or a report which details how and why the Item has failed the assessment.
6.4 If an Item is deemed by us not to be authentic, then this in turn constitutes a breach of the Sales Contract which will result in automatic termination without notice. In such case you will receive a refund of the Final Item Price from the Buyer. The Authentication Fee however will not be refundable.
6.5 Whilst we are rigorous in our analysis, the complexity and subjective nature of the industry means that we cannot guarantee that any Item is genuine or that it will be deemed to be genuine by any third party. As such we accept no liability in the event that an Item is adjudged not to be authentic in the future by any other entity.
6.6 Our process of authenticating works of art and design is rigorous and differs for each category:
6.6.1 For original works of art, the methods may involve: an examination of provenance, or the history of ownership, through sales and exhibition catalogues, or accompanying documentation, such as receipts or invoices; a citation of the Artist Signature, Hologram or Seal, against known examples; examination of the works’ physical characteristics, including the quality of materials used, technique and iconography, with particular attention paid to any inconsistencies or anomalies in the artists known style; and in some instances we may obtain the opinion of an appraiser in the field of the artist's work.
6.6.2 For Limited Editions, the methods may involve: an examination of provenance, or the history of ownership, through sales and exhibition catalogues, or accompanying documentation, such as receipts or invoices; citation of the Artist Signature, Hologram or Seal, against known examples; research around the print number and known records; examination of the materials and process of printing or production; and in some instances we may obtain the opinion of an appraiser in the field of the artist's work.
6.6.3 For Open Editions and Artist Ephemera, the methods may involve: an examination of provenance, including any certificates of authenticity, receipts, invoices, correspondence, or any documentation that links the piece to the artist or a reputable source; citation of a signature or markings, including logos, stamps, or other markings attributed to the artist; direct comparisons and research into the artist catalogue, archives, or databases maintained by reputable institutions or collectors; an evaluation of current known reproductions, copies, or unauthorized replicas of the artist's work, with particular attention paid to signs of mass production, low-quality materials, or inconsistencies in the artwork; and in some instances we may obtain the opinion of an appraiser in the field of the artist's work.
6.6.4 For contemporary design, the methods may involve: an examination of the work in the context of the known designer or brand style; an inspection of the materials, construction and craftsmanship, such as joinery, stitching, or finishing, that reflect the designer's standards; citation of the designer, brand or manufacturer labels or markings , such as logos, stamps, tags or serial numbers; research into provenance, such as receipts, invoices, certificates of authenticity, or correspondence relating to legitimacy; and in some instances we may obtain the opinion of an appraiser with knowledge of the designer or brand’s output.
6.6.5 For antiques, the methods may involve: an examination of the provenance, or the documented history of ownership, such as invoices, receipts, appraisals, or previous sales records; a thorough inspection of the construction, materials, craftsmanship, and condition, with particular attention paid to signs of wear, aging, repairs, or alterations; citation of marks, signatures or maker's stamps known to the period; an analysis of the work in relation to its historical context and comparisons to known similar examples; and in some instances we may obtain the opinion of an appraiser or collector with knowledge of the type of antique in question.
7. Final Item Price, Delivery Fees and Authentication Fees
7.1 Once the Sales Contract is formed you will be prompted to make payment via the Platform’s checkout process. If you negotiated the List Price and your Item Offer has been accepted by a Buyer, you will have a limited period from our Notification of such acceptance via the Message Centre to check out. The Seller will specify the length of such period. If payment is not made during that time, the Seller shall have the right to terminate the Sales Contract without further liability.
7.2 Once you have checked out through the FINERFINER Platform the Final Item Price will be debited from your chosen payment method by Stripe.
7.3 Payment processing services for Buyers are provided by Stripe. By agreeing to these Terms of Business and continuing to use the Platform Services, Buyers agree to be bound by the Stripe Terms of Service, which may be modified by Stripe from time to time. Under no circumstances can Stripe be used in violation of the Stripe Terms of Service and any failure to comply by you will be a material breach of these Terms which may result in FINERFINER terminating your use of the FINERFINER Platform.
7.4 Buyers shall pay all Delivery Fees and Authentication Fees due to FINERFINER and Final Item Prices due to Sellers in full, without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Any attempt to solicit chargebacks for legitimate Item purchases will result in you being suspended from the FINERFINER Platform.
8. Returns and Refunds
8.1 All items purchased on the platform with elected Delivery Services will be granted 48-Hours Grace (the Escrow Service). Escrow provides buyers 48-hours to view purchased Items, before the sale is processed and funds are transferred to the Seller.
8.2 Buyers must notify the Platform within 48 hours if they wish to cancel the purchase, return the Item to the Seller and suspend the funds from being transferred. The buyer must make the item available for collection no more than 3 working days after making return request. The buyer is responsible for standard return delivery costs.
8.3 To benefit from Escrow, buyers must purchase the item on the Platform and use elected Delivery Services.
8.4 In addition, if you are a Consumer and you have purchased an Item from a Business Seller, you are entitled to cancel the Sales Contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Item in question in accordance with your statutory rights.
8.5 However, your right to return Items does not apply to Items made or altered to your specification or that have been personalised by the Seller.
8.6 If you wish to exercise your right of cancellation, you are obliged to retain possession of the Items and take reasonable care of them.
8.7 To exercise the right to cancel, you must inform the Business Seller of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address. You can do this via the Message Centre on the FINERFINER Platform. You may choose to use the Model Cancellation Form which can be to the Seller via the Message Centre.
8.8 You will not however be entitled to a refund in respect of any Authentication Fees or Delivery Fees charged by us.
8.9 If you decide to cancel, you should return the goods to the Seller at your cost within 14 days of such cancellation and the Seller will be required to reimburse to you (by the method used to pay for the original transaction), for the amount in relation to goods to which cancellation rights apply.
8.10 The Seller may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary poor handling by you. The Seller will make the reimbursement no later than 14 days after the day the goods are received back.
8.11 We will facilitate this administrative process as part of the Platform Services.
8.12 Please note that where you purchase Items from an Individual Seller i.e. not a Business Seller, you will not have the statutory right to cancel mentioned above.
8.13 Where you purchase Items as a Business the statutory rights described above do not apply and all cancellations and returns are subject to the cancellation and return policy of the Seller which can be found in the Item Listing.
8.14 In all cases where you purchase the Delivery Services from us your purchase will be protected by our Escrow service, details of which are further particularised in Clause 16.
TERMS FOR SELLERS
9. Seller Registration
9.1 If you wish to become one of our Sellers, you will be asked to register for an Authorised User Account through the FINERFINER Platform. You and any Authorised Users remain responsible for all actions and security in relation to your Authorised User Account.
9.2 You will then be asked to complete our pre-qualification questionnaire prior to accessing our Platform and we will undertake verification of your personal or business identity.
9.3 We will then assess your application and we may ask you for more details during the verification process prior to accepting you as a Seller.
9.4 Where the Seller is a Business, you warrant that you are authorised to grant all the licences referred to in these Terms and that you are authorised to bind the Business you represent to these Terms which constitute the entire agreement between us in relation to your use of the Platform Services. You further acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
10. Engaging with Buyers
10.1 Sellers become registered Users of the FINERFINER Platform upon uploading an Item for Listing on the Marketplace.
10.2 The Seller grants FINERFINER and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Item Listing and/or to incorporate it into other materials in any form, for commercial and non-commercial purposes).
10.3 Sellers’ Authorised Users with access to the FINERFINER Platform will receive a Notification once an Item Listing has been purchased, an Item Offer has been submitted in regard to an Item Listing or a message has been sent by a Buyer via the Message Centre.
10.4 Sellers must use reasonable endeavours to respond to Item Offers submitted to them via the Marketplace as soon as practicable, and in any event, no later than 2 days after submission of the Item Offer by the Buyer. The Seller will then have the choice to make a counteroffer or accept the Item Offer.
10.5 Should either a Buyer pay the Listing Price or the Seller accept an Item Offer, a Sales Contract will be formed between the parties as defined in Clause 4.4, subject to these Terms.
10.6 Once the Sales Contract has been formed, the Seller may prepare the Items for Shipment.
11. Delivery
11.1 If the Buyer has chosen to order Delivery Services from us, then you must use best endeavours to facilitate the performance of the delivery, make sure the Item is available for collection promptly and cooperate in full with our fulfilment staff and/or partners.
11.2 If delivery is organised by the Seller or Buyer outside of the Platform, we hold no liability for any losses that may occur.
12. Quality and Certification
12.1 Sellers acknowledge and accept that they are solely liable for ensuring the quality of the Items and that they conform to the description in the Item Listing.
12.2 When using the FINERFINER Platform, Sellers represent and warrant that:
12.2.1 the Seller will use reasonable endeavours to adhere to the Sales Contract in order to guarantee a successful outcome for Buyers;
12.2.2 it shall respond to any and all enquiries or requests made by FINERFINER in regard to Items and Item Listings; and
12.3 Sellers also indemnify, defend and hold harmless FINERFINER against all losses that FINERFINER incurs or suffers however arising as a result of or in connection with:
12.3.1 the Seller’s breach of the warranties set out above;
12.3.2 the Seller's breach or negligent performance or non-performance of any obligations under these Terms or the Sales Contract; and/or
12.3.3 any claim made by a Buyer or any third party arising out of or in connection with the Items supplied by the Seller, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Seller, its staff or contractors.
12.4 Once a Seller enters into a Sales Contract, FINERFINER has discharged its obligations toward the parties in respect of that Sales Contract. Any dispute that arises between a Buyer and a Seller after the commencement of the Sales Contract remains between those parties and FINERFINER accepts no liability whatsoever for losses incurred by Buyers or Sellers as a consequence of any Items sold via the FINERFINER Platform.
12.5 Sellers must ensure that at all times Buyers are treated in a professional manner and that they shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Buyers.
12.6 FINERFINER reserves the right to suspend and terminate the use of the FINERFINER Platform by any Seller that breaches these Terms or if it receives more than two complaints about that Seller from Buyers.
13. Final Item Prices, Seller Commission Fees
13.1 Although FINERFINER may provide suggestions regarding Final Item Prices, this is for guidance purposes only and Sellers are solely responsible for the Final Item Prices stipulated within any Item Listing.
13.2 Final Item Prices must be paid by Buyers to Sellers via the FINERFINER Platform.
13.3 All Sellers agree and hereby appoint FINERFINER as agent via Stripe to provide Invoicing and Payment Services and issue invoices for Final Item Prices on their behalf.
13.4 All Final Item Prices will be paid up front by the Buyer but will be held in Escrow in accordance with Clause 16 of these Terms where either the Item does not conform or is not able to be authenticated by us.
13.5 Once the requisite Escrow period has passed, FINERFINER will authorise Stripe to pay the Final Item Price to the Seller’s Stripe Connected Account. The Seller Commission Fee will then be deducted from the Final Item Price and paid to FINERFINER. The Commission Fee is calculated on a sliding scale basis as a percentage of the Final Item Price. Our commission rates for Sellers can be found here, and are subject to updates.
13.6 Payment processing services for Sellers are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these Terms and continuing to use the Platform Services, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. Under no circumstances can Stripe be used in violation of the Stripe Services Agreement and any failure to adhere to those terms by a Seller will constitute a material breach of these Terms which may result in FINERFINER terminating your use of the FINERFINER Platform.
13.7 Subject to agreeing to the Stripe Services Agreement and to receiving approval from Stripe to become a Stripe Connected Account, you must adhere to the following additional terms in order to be a Stripe Connected Account:
13.7.1 you agree to provide us with accurate and complete Know Your Client information about your Business and the ownership of your business and to update that information whenever necessary to ensure it is accurate at all times;
13.7.2 you hereby authorise us to act on your behalf in setting up, creating and managing your Stripe Connected Account and any other activity required for the operation of the Stripe Connected Account and to receive notices from Stripe on its behalf;
13.7.3 you hereby authorise us to access your Stripe Connected Account data and to share the Stripe Connected Account data with Stripe. Stripe and FINERFINER are independently responsible for ensuring that Stripe Connected Account data within our possession or control is protected from unauthorised disclosure; and
13.7.4 you understand and acknowledge that if we suspect you of any fraudulent, unlawful, deceptive or abusive activity, it is contractually required to inform Stripe promptly of this on becoming aware.
13.8 FINERFINER is not liable for the processing times of Stripe who are responsible for any delays in processing Final Item Prices due to Sellers.
13.9 Our preferred currency is GBP. If Final Item Prices are not received in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
13.10 All Sellers are fully responsible for compliance with any applicable local laws and regulations in regard to the Final Item Prices that they receive from the Items including the payment and reporting of any applicable income taxes and VAT. For the avoidance of doubt, FINERFINER is not responsible for Sellers’ tax payments or any other financial obligation and cannot provide the Sellers with any advice in this regard.
14. Introductions
14.1 Sellers acknowledge and agree that should they engage with a Buyer through the FINERFINER Platform, that this constitutes an introduction (Introduction).
14.2 Once an Introduction has taken place, should a Seller enter into a sales contract with a Buyer with whom FINERFINER has made an Introduction within the preceding 12-month period, all Fees due to FINERFINER under these Terms shall apply in full.
14.3 In addition, we reserve the right to suspend use of the Platform Services for that attempt to circumvent the FINERFINER Platform.
15. Status
Nothing in these Terms shall be interpreted as meaning that any Seller or that any member of a Seller’s personnel is an employee of FINERFINER. The Seller hereby agrees that all Items are provided to Buyers as a self-employed person or as a Business and that therefore no employee legislation shall apply to these Terms and no Seller shall accrue any benefits or rights of employees under these Terms, including, but not limited to, entitlement to paid holiday or leave from FINERFINER.
GENERAL TERMS
16. Escrow
16.1 Where Buyers elect to purchase Delivery Services from us, Buyers will also benefit from Escrow.
16.2 Once the Final Item Price is remitted to Seller by the Buyer via the FINERFINER Platform it shall be held in Escrow by Stripe. The funds shall be released to the Seller as follows:
Escrow Period
Type of purchase
From purchase until 48 hours after delivery has been made
Standard purchase with Delivery Services included
From purchase until 7 days after delivery has been made to FINERFINER
Standard purchase with Delivery Services and authentication included
16.3 Where a Buyer raises a dispute in relation to an Item, the period of Escrow shall be extended accordingly until resolved by the parties under the supervision of FINERFINER.
17. Platform Services
17.1 The description of the Platform Services is as stated on the FINERFINER Platform, marketing e-mails or any other form of advertisement provided by us. Any description is for illustrative purposes only.
17.2 We reserve the right to make minor beneficial changes to the Platform Services. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience without notice. If we are making significant changes to the Platform Services, we shall give you 30 days’ notice in writing. If you access the FINERFINER Platform after that notice period has expired, you will have been deemed to have accepted the updated version of these Terms.
18. Intellectual property
18.1 We are the owner or the licensee of all intellectual property rights in our FINERFINER Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
18.2 “FINERFINER“ is an unregistered trade mark and is legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to User or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
18.3 By using the Platform Services, all Users grant FINERFINER a non-exclusive licence for the duration of the term of use of the FINERFINER Platform to use their respective logos and trade marks for the purposes of marketing in regard to the Items.
18.4 You are permitted to:
18.4.1 print off one copy or download extracts of any page(s) from our FINERFINER Platform for your personal use; and
18.4.2 draw the attention of others within your organisation to content on our FINERFINER Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our FINERFINER Platform is always acknowledged.
18.5 However, you must not:
18.5.1 modify the paper or digital copies of any materials you have printed off or downloaded in any way;
18.5.2 use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
18.5.3 use any part of the content on our FINERFINER Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
18.6 If you print off, copy or download any part of our FINERFINER Platform in breach of these Terms, your right to use our FINERFINER Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
19. Viruses and maintenance
19.1 We do not warrant or guarantee that our FINERFINER Platform is free of errors, viruses, trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our FINERFINER Platform is compatible with your computer equipment and are under no obligation to do so.
19.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our FINERFINER Platform, the downloading of any content, or on any websites linked to it.
19.3 You are responsible for configuring your information technology, computer programmes and FINERFINER Platform to access our FINERFINER Platform. You should use your own virus protection software.
19.4 You must not misuse our FINERFINER Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our FINERFINER Platform, the server on which our FINERFINER Platform is stored or any server, computer or database connected to our FINERFINER Platform. You must not attack our FINERFINER Platform via a denial-of-service attack or a distributed denial-of service attack.
19.5 We may, from time to time, temporarily suspend the operation of our FINERFINER Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
20. Third-party Links on our FINERFINER Platform
Where our FINERFINER Platform contains links to third-party websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked FINERFINER Platforms or information you may obtain from them. We have no control over the contents of those FINERFINER Platforms or resources.
21. Successors and our sub-contractors
21.1 We may transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
21.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
21.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these Terms.
22. Circumstances beyond the control of either party
22.1 In the event of any failure by a party because of something beyond its reasonable control:
22.1.1 the party will advise the other party as soon as reasonably practicable; and
22.1.2 the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
23. Privacy
23.1 By providing your personal data you consent to it being displayed on our FINERFINER Platform as required to facilitate the Items.
23.2 If you are a Buyer your information will not be shared with Sellers unless you enter negotiations with a Seller in regard to a Listing.
23.3 Your privacy is critical to us. We respect your privacy and comply with the UK General Data Protection Regulation with regard to your personal information.
23.4 These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
23.5 For the purposes of these Terms:
23.1.1 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018 and Directive 95/46/EC (Data Protection Directive) or the GDPR.
23.1.2 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
23.1.3 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
23.6 We are a Data Controller of the Personal Data we Process in providing the Platform Services to you.
23.7 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
23.7.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
23.7.2 we will only Process Personal Data for the purposes identified;
23.7.3 we will respect your rights in relation to your Personal Data; and
23.7.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
23.8 For any enquiries or complaints regarding data privacy, please contact us.
24. Reliance on the FINERFINER Platform
24.1 The content on our FINERFINER Platform is provided for general information only and is not intended to amount to advice on which you should rely.
24.2 Although we make reasonable efforts to update the information on our FINERFINER Platform, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date.
25. Prohibited use
25.1 You may not use the FINERFINER Platform for any of the following purposes:
25.1.1 in any way which causes, or may cause, damage to the FINERFINER Platform or interferes with any other person's use or enjoyment of the FINERFINER Platform;
25.1.2 in any unlawful or fraudulent manner;
25.1.3 to transmit, or to procure the transmission of any unsolicited marketing materials to us;
25.1.4 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
25.1.5 to gain unauthorised access to our FINERFINER Platform, the server on which our FINERFINER Platform is stored or any server, computer or database connected to our FINERFINER Platform; or
25.1.6 making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
26. Erroneous transactions and fraud
Should we make payment in error to Buyers or Sellers, we reserve the right to pursue reimbursement via the FINERFINER Platform by deducting the amount from future Final Item Prices, Buyer/Seller Commission Fees or using all available legal remedies.