User Agreement
User Agreement
User Agreement & Conditions of Sale
Pavilion.com and its related sites, products, services, mobile apps, and tools (together, the “Site”) are owned and operated by Pavilion, a Delaware (USA) corporation (“Pavilion,” “Us,” or “We”). These terms and conditions (“Terms”) govern your (“User” or “You”) use of the Site. If you purchase any item(s) on the Site, the Conditions of Sale beginning at Clause 6 will govern your purchase as a prospective and final buyer (“Buyer”).
1. The Site
The Site is an online marketplace where approved sellers (“Seller”) offer goods (“Items”) to potential buyers. Any sale on the Site is made directly between the Buyer and Seller, following these Terms and Conditions of Sale.
2. Terms of Use
Pavilion allows access to and use of the Site if you agree to these Terms and our privacy policy (https://www.pavilion.com/privacy-policy). By using the Site, you accept these Terms and our privacy policy. If you disagree, do not use the Site.
3. Pavilion’s Role
(a) Pavilion provides and maintains the Site for Sellers and Buyers. We are only an intermediary and not a seller or agent for any party. We are not involved in actual sales and do not control information from Sellers, Buyers, or Users.
(b) Pavilion may help resolve customer issues at our discretion. If we do, our decision is final unless overturned by a court.
4. Registration and Accounts
(a) You may need to register to use the Site. You’ll provide your email and password and may add more personal details. Keep your login secure. You can access your account and activity by logging in.
(b) You can cancel your account anytime. To do so, send an email from your registered address to support@pavilion.com. Phone cancellations won’t be accepted.
5. Who Can Use the Site
You must be at least 18 years old. The Site is not for users under 13 and we don’t knowingly collect data from children.
Conditions of Sale
6. Relationship Between Buyer and Seller
(a) Sellers must describe, price, and deliver their Items. They must follow agreed terms, including title transfer and taxes.
(b) Buyers must confirm value and authenticity of Items, pay in full including taxes and duties, and handle shipping.
(c) Pavilion only hosts the platform (see Clause 3). We are not responsible for descriptions, pricing, or delivery of Items.
7. Items on the Site
(a) Items are listed subject to availability. Some may sell elsewhere and become unavailable.
(b) Unless stated otherwise, Items may be vintage or pre-owned and not in perfect condition. Buyers should expect possible repairs or wear. Pavilion does not verify descriptions or warranties made by Sellers.
8. Making a Purchase
(a) Buyers can make an offer (“Offer”) on an Item through the Site or by contacting Pavilion. You’ll submit payment info for the Total Purchase Price, including the agreed price, shipping, and any taxes. By making an Offer, you agree to pay and the Seller agrees to sell unless they counter.
(b) If the Item price is negotiable, the Buyer can submit a new price. Such calls may be recorded for service.
(c) Offers can’t be canceled after confirming the Total Purchase Price unless incomplete details were known. Sellers may accept, reject, or counter the Offer. Offers may expire after a time limit.
(d) A sale is finalized when the Seller accepts the Offer or the Buyer accepts a Counter-Offer. This creates a binding contract.
(e) A Buyer might have to pay a Reserve Amount when making an Offer. If no deal is made, this amount is refunded.
(f) For custom orders, a non-refundable Deposit may be required and applied to the Total Purchase Price.
(g) If there’s an error by the Seller or Pavilion in item availability, offer handling, or order confirmation, we can cancel the transaction.
(h) Mistakes can occur. We may correct any errors or cancel incorrect orders.
9. Off-Site Offers
(a) Buyers and Sellers can’t contact each other to make deals outside the Site.
(b) Violating this may result in account limits or suspension, and potential fees.
10. Payment
(a) After an order is confirmed, the Buyer must pay 100% of the Total Purchase Price. Any Reserve or Deposit is applied to this balance.
(b) Buyer authorizes Pavilion to charge the full amount upon Order Confirmation.
11. Taxes and Duties
Buyers are responsible for all taxes and duties. The Seller may collect them, but the Buyer remains responsible. Buyers must manage reporting and paying any export/import taxes unless exempt, and prove exemption if applicable.
12. Shipping
(a) Buyer-arranged shipping. The Buyer may choose to arrange their own shipping and may select any shipping company of their preference. The crating, shipping, and insurance companies chosen by the Buyer act as the Buyer’s agents, and the Buyer is responsible for all related costs, paying them directly to the designated agents. The Buyer acknowledges that any shipments not retrieved from the Seller within 90 days of the purchase date or within 30 days of notification to arrange shipment will be canceled, with no refund provided. The Buyer may also request Pavilion to handle the shipping arrangements on their behalf, which may incur additional fees based on pre-advertised shipping costs.
(b) Seller-arranged shipping. The Buyer can opt for the Seller to arrange the crating, packaging, shipping, and freight insurance. After the Buyer’s request, the Seller will provide shipping details, including the name of the freight carrier, total shipping costs to the Buyer’s delivery address, any applicable duties or charges, the cost of freight insurance, the insurance provider’s name, and any additional costs for crating or packaging. The Buyer and Seller must mutually agree on the shipping terms, with the Buyer required to prepay all shipping costs.
(c) Free shipping. Some Items may be eligible for free shipping, as indicated in the Item description. This offer may have limitations and is subject to conditions that will be noted when the offer is made. If free shipping is available, all other terms in this User Agreement and Conditions of Sale remain in effect. Pavilion reserves the right to modify or cancel any free shipping offer at any time without notice.
(d) Shipping error correction. Pavilion reserves the right to correct or cancel any transaction if a shipping error is discovered.
13. Import/Export Restrictions
(a) Some Items listed on the Site may require cultural, customs, and regulated species permits for export from the country of origin and/or import into the Buyer’s country. Items may also be subject to the right of the exporting country to purchase the Item from the Buyer. Neither the Seller nor Pavilion provides any guarantees or assumes any liability concerning the availability, issuance of export or import permits, or governmental or regulatory authorities’ preemption rights.
(b) If it is discovered that an Item requires a special permit, either disclosed prior to or after the Order Confirmation, or after the Item has been shipped, and the Seller cannot obtain the necessary export permit within 30 days from the later of the sale confirmation or the disclosure of the requirement, the Buyer has the right to cancel the sale by providing written notice to both Pavilion and the Seller within 7 business days after the 30-day period. No sale can be rescinded beyond 90 days after the transaction date.
(c) If the sale is rescinded, the Buyer must return the Item at their own cost unless agreed otherwise. Upon return, the Buyer will receive a refund of the Total Purchase Price. This right of rescission is non-transferable and only applies to the original Buyer.
14. Transfer of Title/Risk of Loss
(a) The Seller warrants that they are the sole owner of the Item and are authorized to sell it, and that the Item will be delivered with good and marketable title, free of any third-party claims.
(b) If Pavilion collects and remits the payment on behalf of the Seller, the Seller will transfer good and marketable title upon the Buyer’s receipt of the Order Confirmation and when Pavilion receives the Total Purchase Price.
(c) For Buyer-arranged shipping, the risk of loss and ownership pass to the Buyer when the Seller delivers the Item to the Buyer’s chosen carrier or when the Buyer picks up the Item from the Seller.
(d) For Seller-arranged shipping, the risk of loss and ownership pass to the Buyer upon receipt of the Item.
15. Sales Are “As-Is”
(a) All Items are sold “As-Is” and “With All Faults.” Neither the Seller nor Pavilion makes any representations or warranties, express or implied, regarding the condition, quality, rarity, provenance, or any other attributes of the Item. This excludes any statutory rights that may apply depending on the Buyer’s jurisdiction.
(b) The agreement between the Buyer and Seller is not governed by the U.N. Convention on Contracts for the International Sale of Goods, which is specifically excluded from these terms.
(c) The provisions of the Commercial Agents Directive (86/653/EC) are excluded from this agreement.
16. Expert Review.
The Buyer may arrange for an expert to review the Item at their own cost prior to purchase, especially if the purchase is based on the Item’s stated provenance, designer, or creator. The Buyer is solely responsible for selecting the expert and making arrangements with the Seller. Any reliance on the expert’s review is at the Buyer’s own risk and expense.
17. 1stdibs Trade Rewards Program.
(a) As of January 1, 2020, professional interior designers and architects may be eligible for the 1stdibs Trade Rewards Program (“Trade Rewards Program”). This program is available at 1stdibs’s discretion to Verified Designers. The benefits of the program are outlined in the terms and conditions of the Trade Rewards Program, which are incorporated by reference.
(b) By accepting benefits from or participating in the Trade Rewards Program, the Buyer affirms they are a professional interior designer or architect, and 1stdibs may request additional verification. 1stdibs reserves the right to reject participants who do not meet the program’s qualifications.
(c) 1stdibs may alter, suspend, or terminate the Trade Rewards Program or its terms at any time without notice.
(d) The Trade Rewards Program is not available to Sellers, Users, or Buyers who are not Verified Designers.
18. Remedies for Non-payment.
(a) If the Buyer cancels payment or fails to pay the Total Purchase Price, the Buyer remains liable for the full amount and any additional costs, including taxes, storage, handling fees, and costs related to collection or legal fees.
(b) In addition to other remedies, 1stdibs may retain any payments made by the Buyer as liquidated damages and cancel the sale of the Item.
19. Right of Cancellation. [European Union]
(a) EU Consumers have the right to cancel their order within 14 days from receipt of the Item. Notice of cancellation must be sent to 1stdibs or the Seller in writing within this period. Refunds will be issued, but the Buyer is responsible for return shipping costs. Exclusions apply, such as items made to the Buyer’s specifications or items that deteriorate quickly.
(b) To cancel, the EU Consumer must send written notice to 1stdibs, including necessary order and contact details, within the Cancellation Period.
20. Refusal of Transaction.
1stdibs reserves the right to withdraw any Item from the Site, modify content, or refuse service at its discretion without liability to any party.
21. Copyright. Notice and Take Down Procedures.
(a) 1stdibs may publish Seller-provided content, including images and descriptions, and responds to copyright infringement notices as required by the DMCA.
(b) To report alleged copyright infringement, provide written notice to 1stdibs, including specific details about the copyrighted work and the infringing material.
22. Proprietary Rights.
(a) 1stdibs is the owner or authorized user of trademarks and copyrighted content on the Site.
(b) Users may not use Site content for commercial purposes or create derivative works without 1stdibs’s permission.
23. User Submitted Content.
(a) Users are responsible for content they post to the Site and must not post content that infringes on others’ rights or violates laws. 1stdibs reserves the right to remove any user-generated content.
(b) Users grant 1stdibs a non-exclusive right to use any content they post, and represent that they own or control the rights to such content.
24. Third Party Sites.
(a) Users may be able to 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 website’s administrator or webmaster. We reserve the exclusive right, at our 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.
(b) Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other types of links, and to require termination of any such link to the Site, at our discretion, at any time.
25. Modification.
(a) Pavilion has control over the look, feel, content, operations, and evolution of the Site, and may modify the Site and any content at its sole discretion.
(b) 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 and before making any purchases on the Site 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.
(c) 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 the 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.
26. Site Monitoring.
Pavilion reserves the right, but accepts no obligation, to monitor any activity and content on the Site. Pavilion may investigate any reported violations of applicable law, rule, or regulation applicable to Users, 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. Pavilion may also investigate the use of a credit card by a Buyer and take such action as Pavilion deems appropriate, including but not limited to canceling any offer placed by such Buyer.
27. International Use of the Site.
(a) Many of Pavilion’s services, including the Site, are accessible to Sellers, Buyers, and Users outside of the US. Pavilion may offer certain programs, tools, and Site experiences of interest to those Sellers, Buyers, and Users, such as estimated local currency conversion and international shipping calculation tools. Sellers, Buyers, and Users are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
(b) Users authorize Pavilion to use automated tools to translate the User’s Site content and User and Buyer-to-Seller communications, in whole or in part, into local languages where such translation solutions are available. Pavilion may provide Users with tools that will enable the User to translate content upon request. The accuracy and availability of any translation are not guaranteed, and Pavilion is not liable in any way to the Seller, Buyer, or User for any loss suffered where the automated tools are used.
28. Consent to Processing.
(a) By providing any personal information to the Site, all Users, including without limitation, Users in the State of California and in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. For further information data, please see our privacy policy available at: www.pavilion.com/privacy-policy.
(b) We control and operate the Site from our offices in the United States of America, and all information is processed within the United States 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 United States. 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.
(c) Users 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 United States or the country in which you reside as well as the restrictions on import or export of Items from the Seller’s country to your country.
29. Site Unavailability.
(a) You acknowledge that temporary interruptions in the availability of the Site may occur from time to time due to normal operational events.
(b) We may choose to discontinue making the Site or any portion of the Site available at any time and for any reason. Neither Pavilion nor the Sellers will be held liable for any damages resulting from such interruptions or lack of availability.
30. Prohibited Use.
The Site may only be used for lawful purposes by individuals utilizing the authorized services of Pavilion. You are responsible for your own communications, including uploading, transmitting, and posting information, and for the consequences of such actions. Pavilion specifically prohibits any use of the Site and requires all Users to agree not to use the Site for any of the following:
(i) Posting any information or using a payment method that is incomplete, false, inaccurate, or not your own;
(ii) Impersonating another person;
(iii) Engaging in conduct that constitutes a criminal offense, gives rise to civil liability, or violates any local, state, national, or international law or regulation, or fails to adhere to accepted Internet protocols;
(iv) Posting material that is copyrighted or otherwise owned by a third party unless you own the copyright or have permission from the owner to post it;
(v) Posting material that reveals trade secrets unless you own them or have permission from the owner;
(vi) Posting material that infringes on any intellectual property, privacy, or publicity rights of others;
(vii) Transmitting or transferring information or software derived from the Site to foreign countries or specific foreign nations in violation of export control laws; or
(viii) Attempting to interfere in any way with the Site’s or Pavilion’s networks or security, or using the Site to gain unauthorized access to any other computer system.
31. Security Rules.
Violations of system or network security can result in civil or criminal liability. Pavilion will investigate occurrences and may cooperate with law enforcement authorities in prosecuting those involved in such violations. Users are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, the following:
(i) Accessing data not intended for you or logging into a server or account you are not authorized to access;
(ii) Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other harmful code, overloading, flooding, mailbombing, crashing, or sending unsolicited emails; or
(iv) Forging any packet header or any part of the header information in emails or newsgroup postings.
32. Termination of Use.
Pavilion expressly reserves the right to terminate or refuse access to the Site to any person or entity, at its sole discretion, for any reason or no reason, without prior notice. If your use is terminated, any rights or obligations related to pending or completed purchases or your indemnity obligations will survive such termination.
33. Indemnity.
Users agree to defend, indemnify, and hold Pavilion, its affiliates, and any of their respective directors, officers, employees, agents, partners, subsidiaries, contractors, and representatives harmless from any claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from their use of the Site, purchase or sale of Items, disputes with Sellers or Buyers, violation of any law, violation of these Terms, or posting or transmitting any User Content. This indemnification obligation will survive the termination of these Terms and your use of the Site.
34. Disclaimer of Warranties.
(a) You understand and agree that: The Site is provided “AS-IS” and “AS AVAILABLE.” Pavilion makes no representations or warranties regarding the Site, any Item(s) offered for sale, or any Seller, including but not limited to:
(i) The character, reputation, or business practices of the Seller;
(ii) Title to or delivery of any Item;
(iii) Intellectual property rights in any Item;
(iv) The accuracy, completeness, usefulness, or content of information;
(v) Fitness for a particular purpose;
(vi) The Site meeting the User’s requirements or operating error-free; or
(vii) The conformity of any Item to its description or the colors, texture, and detail shown on the User’s screen.
(b) Buyers must direct claims regarding any Item to the Seller and resolve disputes directly with the Seller.
(c) Pavilion does not endorse or guarantee any products or services offered by Sellers and is not a party to transactions between Buyers and Sellers unless specifically stated.
(d) No advice or information obtained through the Site creates any warranty by Pavilion not expressly made.
(e) Any material downloaded through the Site is at your own risk and responsibility.
35. Release.
You release Pavilion, its affiliates, and their respective directors, officers, employees, agents, and representatives from any claims, losses, or damages related to any dispute. You also waive rights under Section 1542 of the California Civil Code and similar laws.
36. Limitation of Liability.
(a) Pavilion is not liable for indirect, special, incidental, or consequential damages arising from the use or inability to use the Site, including loss of revenue or data, or substitute services.
(b) In no event shall Pavilion’s liability exceed $100 for all damages, losses, or causes of action.
(c) Some jurisdictions do not allow certain liability exclusions, so these limits may not apply to you.
37. Dispute Resolution.
(a) Any dispute that cannot be resolved through negotiation will be submitted to mandatory binding arbitration through the American Arbitration Association (AAA).
(b) The arbitrator may not award non-monetary or equitable relief, and all arbitration proceedings will remain confidential.
(c) The parties waive their right to a court or jury trial and agree to arbitration on an individual basis.
(d) The place of arbitration shall be in Manhattan, New York, and proceedings will be conducted in English.
38. Choice of Law.
These Terms will be governed by the laws of the State of New York without regard to conflict-of-law principles.
39. Notices.
Notices shall be sent by email or postal mail to the addresses provided by Pavilion and Users. Notices via email are effective 24 hours after being sent.
40. General Information.
If any provision of these Terms is found to be unlawful, the remaining provisions will continue in full force. These Terms represent the entire agreement and supersede any previous agreements.
41. Contact Us.
For any questions or concerns, please contact us at support@pavilion.com.
42. Effective Date.
These Terms are effective as of April 5, 2024.
Appendix – model cancellation form
To:
• Pavilion.com, Inc., 300 Park Avenue South, 10th Floor, New York, NY 10010; or
• support@Pavilion.com.
“I/We ( * ) hereby give notice that I/we ( * ) cancel my/our ( * ) contract of sale of the following goods ( * ) / for the provision of the following service ( * ):
– Ordered on ( * ) / received on ( * ):
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (if sent by hard copy),
– Date:
( * ) Delete as appropriate..