Terms of Service

1. General Terms

By accessing or using the website at jonesesatwillow.ca (the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Platform.

• Joneses at Willow is operated by Willow & Dove Studios, based in Kawartha Lakes, Ontario, Canada.
• These Terms constitute a legally binding agreement between you and Willow & Dove Studios.
• The laws of the Province of Ontario and the federal laws of Canada applicable therein govern these Terms and your use of the Platform.
• You must be at least 18 years of age to register and use the Platform.
• The information you provide must be accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials.

2. Auction Terms

The following terms apply to all auction activity on the Platform:

• Registration required — you must create an account and agree to these Terms before placing any bid.
• All bids are binding — by placing a bid, you enter a legally binding offer to purchase at the bid amount plus Buyer’s Premium and applicable taxes. Bids cannot be retracted except where a documented error is approved by Joneses at Willow staff.
• Buyer’s Premium — a Buyer’s Premium of eighteen percent (18%) of the Hammer Price is charged on each lot. This premium is added to the Hammer Price before the calculation of applicable taxes.
• Reserve prices — lots may be subject to a reserve price. If the reserve is not met, the lot may not be sold.
• Agency— the Auctioneer acts as agent for the seller. The contract of sale is between the buyer and the consignor.
• All sales final — all auction sales are final unless the item is significantly not as described. See Section 9 for details.
• Anti-snipe protection — if a bid is placed within the final three (3) minutes of a lot’s closing time, the closing time is automatically extended by three (3) minutes.
• Proxy bidding— the system will bid on your behalf in the minimum increment necessary up to your stated maximum. Your maximum bid is kept confidential.
• The Auctioneer reserves the right to cancel, withdraw, or re-offer any lot at any time before or during the auction.

3. Store Terms

The following terms apply to fixed-price purchases through the Joneses at Willow online store:

• Store items are offered at fixed prices and do not involve the auction bidding process.
• Return policy— store purchases may be returned within 14 days of delivery, provided the item is in its original condition, undamaged, and accompanied by proof of purchase. Buyer is responsible for return shipping costs.
• Refunds will be processed to the original payment method within 10 business days of receiving the returned item. Cryptocurrency payments are refunded in CAD (see Section 12).
• Items that are damaged, altered, or not returned in original condition are not eligible for return.
• Custom, consignment, or clearly marked “final sale” items are excluded from the return policy.

4. Payment

• Credit/debit cards — Visa, Mastercard, and American Express are accepted via our secure payment processor, Stripe.
• Cryptocurrency — cryptocurrency payments are accepted via BitPay when available. See Section 12 for cryptocurrency-specific terms.
• All prices are listed in Canadian Dollars (CAD) unless explicitly stated otherwise.
• Ontario HST— Ontario Harmonized Sales Tax at the prevailing rate (currently 13%) applies to the combined total of the Hammer Price (or store price) and any Buyer’s Premium. HST is calculated on purchases shipped within Ontario.
• Other Canadian provinces — applicable provincial sales taxes (GST/PST/HST) are charged based on the buyer’s shipping destination in accordance with Canadian tax law.
• US buyers— prices are displayed and charged in CAD. Currency conversion is handled by your payment provider at the prevailing exchange rate at the time of checkout. Canadian sales tax applies as required by law; US buyers are responsible for any applicable US customs duties and taxes (see Section 11).
• Card on file required — a valid credit or debit card must be registered and verified on your account before placing any bid. By registering a card and placing a bid, you authorise Joneses at Willow to charge that card for any lots you win.
• Automatic payment — when an auction closes, winning bidders’ cards on file are charged automatically for the total amount due (Hammer Price + Buyer’s Premium + applicable taxes). An invoice and payment receipt are emailed immediately. If the automatic charge fails, the buyer must complete payment within 48 hours. Failure to pay may result in suspension of bidding privileges, forfeiture of the lot, and/or legal action.
• The Buyer shall be responsible for any costs incurred by the Auctioneer in collecting overdue payments, including reasonable legal fees.
• SMS notifications — by providing a mobile phone number and enabling SMS notifications, you consent to receiving transactional text messages related to your bidding activity, invoices, and account updates. Standard messaging rates may apply. You may disable SMS notifications at any time in your account settings.

Joneses at Willow is registered for HST purposes with the Canada Revenue Agency. Our HST registration number is provided on all invoices. Buyers registered for GST/HST who purchase for business purposes may be eligible to claim an Input Tax Credit.

5. Shipping & Delivery

• Domestic (Canada) — standard shipments within Canada are fulfilled via Canada Post.
• United States — US-bound parcels are shipped via Chit Chats / Canada Post cross-border service.
• Freight & oversized items — large, heavy, or fragile items (e.g., furniture, sculpture) are shipped via uShip or an equivalent freight carrier. Freight quotes are provided on a per-item basis.
• The buyer is responsible for all shipping costs unless otherwise stated in the listing.
• Local pickup— pickup is available by appointment in the Kawartha Lakes area. A valid photo ID matching the registered account name is required. Items must be collected within the designated pickup window (typically 3 business days following the auction). Items not collected within 14 days may incur storage fees of $10.00 per day per lot. Items not collected within 30 days may be deemed abandoned.
• International shipping — shipping beyond Canada and the United States is considered on a case-by-case basis. Contact us before bidding if you require international delivery.
• Risk of loss— risk of loss or damage transfers to the buyer upon handoff to the shipping carrier. We are not liable for damage in transit; claims should be filed directly with the carrier.
• US customs (DDU) — US shipments are sent Delivered Duty Unpaid (DDU). The buyer is responsible for any US customs duties, import taxes, or brokerage fees assessed upon entry into the United States.

6. Consignment

• Consignment relationships are governed by a separate Consignment Agreement executed between the consignor and Joneses at Willow.
• Commission rates are set per individual consignment agreement.
• Settlement is processed after the auction close or, for store items, after the applicable sale period.
• By consigning items, you warrant that you have clear legal title to those items and the right to sell them, and that the items are free of all liens, encumbrances, and third-party claims.
• Joneses at Willow is not responsible for unsold items left more than 30 days after auction close.

7. Intellectual Property

• All content on the Platform — including text, graphics, logos, images, and software — is the property of Willow & Dove Studios or its licensors and is protected by Canadian and international copyright law.
• Photographs of consigned and listed items may be used by Joneses at Willow for marketing, social media, and promotional purposes unless the consignor has opted out in writing.
• By submitting content to the Platform (including reviews, comments, or other user-generated content), you grant Joneses at Willow a non-exclusive, royalty-free, perpetual, worldwide licence to use, display, reproduce, and distribute that content in connection with the Platform and its marketing.

8. Privacy

Your personal information is collected, used, and disclosed in accordance with our Privacy Policy. By registering, you consent to the collection and use of your information as described therein.

• We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Ontario privacy legislation.
• We do not sell your personal information to third parties.
• Data handling practices are detailed in our Privacy Policy, which forms an integral part of these Terms.

9. Limitation of Liability

To the fullest extent permitted by the laws of the Province of Ontario and the applicable laws of Canada:

• Sold as-is— auction lots are sold “as is, where is” without any warranty or guarantee, express or implied, as to merchantability, fitness for a particular purpose, or condition.
• Antiques & vintage — no warranty is provided on antique, vintage, or pre-owned items. Descriptions of age, origin, provenance, and condition are provided in good faith.
• Condition reports — condition reports and descriptions represent the Auctioneer’s opinion and are not guarantees. Bidders are encouraged to inspect items in person before bidding.
• Maximum liability — the Auctioneer’s total aggregate liability for any claim shall not exceed the Purchase Price paid by the Buyer for the lot(s) giving rise to the claim.
• The Auctioneer shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of the Platform, the bidding process, or the purchase or use of any lot.
• Shipping damage — the Auctioneer is not liable for damage occurring during transit. Claims for shipping damage must be filed directly with the carrier.
• The Auctioneer is not liable for any technical failures, including internet connectivity issues, server downtime, or other technological disruptions that may affect a bidder’s ability to place bids.

10. Dispute Resolution

• Good faith— the parties agree to first attempt to resolve any dispute through good faith negotiation by contacting us at hello@jonesesatwillow.ca.
• Mediation— if a dispute cannot be resolved through negotiation within 30 days, either party may submit the matter to mediation in the Province of Ontario.
• Jurisdiction— any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
• Auction disputes regarding lot outcomes must be raised within 48 hours of lot close. The Auctioneer’s determination shall be final.

11. US Buyer Specific Terms

The following additional terms apply to buyers located in the United States:

• All purchases are subject to Canadian law, regardless of the buyer’s location. These Terms are governed by the laws of Ontario, Canada, and US buyers agree to the jurisdiction of the Ontario courts.
• Currency— prices are listed in Canadian Dollars (CAD). Currency conversion to USD is performed by your payment provider (e.g., your credit card issuer or BitPay) at the prevailing rate at the time of the transaction. Joneses at Willow is not responsible for exchange rate fluctuations.
• DDU shipping — all US shipments are sent Delivered Duty Unpaid (DDU). The buyer is solely responsible for any US customs duties, import taxes, brokerage fees, or other charges imposed by US Customs and Border Protection.
• FINTRAC reporting — transactions exceeding $10,000 CAD may be subject to reporting requirements under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) administered by FINTRAC. This applies particularly to purchases of precious metals, stones, and other regulated items.
• Export restrictions — certain items may be subject to Canadian export controls, including items governed by the Cultural Property Export and Import Act, Convention on International Trade in Endangered Species (CITES), and other applicable regulations. Joneses at Willow reserves the right to cancel a sale if an export permit cannot be obtained.

12. Cryptocurrency Terms

The following terms apply when payment is made via cryptocurrency:

• Cryptocurrency payments are processed through BitPay. Availability of cryptocurrency payment may vary and is offered at the discretion of Joneses at Willow.
• Conversion to CAD — cryptocurrency is converted to Canadian Dollars (CAD) at the exchange rate determined by BitPay at the time of payment. Joneses at Willow receives settlement in CAD and is not exposed to cryptocurrency price volatility.
• No crypto refunds — refunds for eligible store returns (see Section 3) will be processed in CAD via bank transfer or cheque. Refunds will not be issued in cryptocurrency.
• Transaction fees — any blockchain network fees (gas fees, miner fees, etc.) required to complete the transaction are the buyer’s responsibility.
• Confirmation— payment is considered confirmed upon receipt of sufficient blockchain confirmations as determined by BitPay. Until confirmation, the order is not finalized.
• Cryptocurrency payments are subject to all other applicable terms in this agreement, including payment deadlines, tax obligations, and FINTRAC reporting requirements.

13. Changes to Terms

Joneses at Willow reserves the right to update or modify these Terms at any time. Updated Terms will be posted to this page with a revised “Last updated” date.

• Continued use of the Platform after any changes constitutes your acceptance of the revised Terms.
• For material changes (e.g., changes to payment terms, liability, or buyer obligations), registered users will be notified by email and may be required to re-accept the Terms before continuing to use the Platform.

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Account Conduct

You agree not to engage in shill bidding, bid manipulation, harassment of other users, or any activity that undermines auction integrity. Violations may result in immediate account suspension and potential legal action. The Auctioneer reserves the right to refuse registration, suspend, or terminate any account at its sole discretion.

See also: Privacy Policy