Terms of Service
These Terms of Service govern your access to and use of the M.S. Rau website, including our online gallery, educational content, customer accounts, inquiry features and purchasing services.
Effective Date: July 17, 2026
1. Acceptance of These Terms
These Terms of Service (“Terms”) govern access to and use of the website operated by M.S. Rau Antiques, L.L.C., doing business as M.S. Rau (“M.S. Rau,” “we,” “us,” or “our”), including all pages, content, product listings, accounts, inquiry forms, purchasing features, communications, and related functionality made available through the website (collectively, the “Site”).
By accessing or using the Site, creating an account, submitting an inquiry, subscribing to communications, adding an item to a wish list or shopping bag, or submitting an order, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree to these Terms, do not access or use the Site.
If you use the Site on behalf of a company, trust, estate, institution or other entity, you represent that you have authority to bind that entity to these Terms.
3. About the Site
M.S. Rau operates a physical gallery and online storefront featuring fine art, antiques, jewelry, decorative arts, historical objects, collectibles and related merchandise.
The Site may permit visitors to:
- Browse and search our collection;
- View product listings, photographs and related research;
- Read articles and educational content;
- Request additional information;
- Communicate with a sales consultant;
- Create and manage an account;
- Save items to a wish list;
- Add items to a shopping bag;
- Subscribe to email communications; and
- Submit orders for eligible merchandise.
Site functionality, features, inventory and content may change at any time. Certain features may be operated by third-party providers.
4. Eligibility
The Site is intended for adults and is not directed to children under 13 years of age.
By using the Site or submitting an order, you represent that you have the legal capacity to enter into a binding agreement.
5. Accounts and Account Security
Certain Site features may require an account. You agree to provide accurate, current and complete information when creating or maintaining an account.
You are responsible for:
- Maintaining the confidentiality of your account credentials;
- Restricting access to your account and devices;
- Keeping your account information current; and
- Promptly notifying us if you suspect unauthorized access or use.
To the fullest extent permitted by law, you are responsible for activity conducted through your account. M.S. Rau is not responsible for loss resulting from your failure to maintain the confidentiality of your credentials.
Account recovery may require identity or account verification. We will not send an existing password to you by email.
6. Product Information
We make reasonable efforts to provide accurate and useful product information. Listings may include photographs, descriptions, dimensions, dates, artist or maker information, condition observations, provenance, historical background, comparative examples, attribution and other research.
Many items offered by M.S. Rau are unique, antique, vintage, handcrafted, restored, historically significant or one of a kind. Accordingly:
- Signs of age, wear, restoration, repair, alteration or previous use may be present;
- Measurements, weights, dates and other specifications may be approximate;
- Handcrafted items may contain variations or irregularities;
- Colors and surface characteristics may vary according to lighting, photography, monitor settings and device displays;
- Photographs may not depict every characteristic, imperfection, restoration or condition issue;
- Descriptions may include scholarly opinions, historical interpretations, attribution judgments or conclusions based on information available when the listing was prepared; and
- Scholarship, attribution, provenance and historical understanding may change when additional information becomes available.
Customers should request any additional photographs, condition information, measurements or other details they consider material before purchasing.
Unless expressly stated in a written transaction-specific warranty, product descriptions and editorial materials are not guarantees of historical certainty, future scholarly consensus, future market value or investment performance.
7. Corrections, Omissions and Listing Changes
Although M.S. Rau strives to maintain accurate, complete and current information, errors, inaccuracies, omissions, delays and technical issues may occasionally occur.
These issues may relate to:
- Descriptions;
- Photographs;
- Attribution;
- Provenance;
- Condition;
- Dimensions or specifications;
- Dates;
- Pricing;
- Availability;
- Shipping estimates;
- Taxes or fees; or
- Other listing or transaction information.
To the fullest extent permitted by law, M.S. Rau may, at any time and without prior notice:
- Correct an error, inaccuracy or omission;
- Update, revise or supplement a listing;
- Add, remove or replace photographs or information;
- Revise research, attribution, provenance or historical commentary;
- Change a price, shipping estimate or availability status;
- Withdraw an item from sale;
- Limit quantities;
- Refuse, modify or cancel an order affected by an error; or
- Correct information after an inquiry or order has been submitted.
The appearance of an incorrect price, description, photograph, availability status or other error does not obligate M.S. Rau to sell or deliver merchandise on the incorrect terms.
If a material error affects a pending order, we will make reasonable efforts to notify the customer before completing the transaction. If M.S. Rau cancels an order after payment has been captured, M.S. Rau will refund the amount captured for the canceled item using the original payment method or another legally permitted method.
Except where applicable law requires otherwise, that refund will be the customer's exclusive remedy for the canceled transaction.
A correction made in good faith does not constitute a misrepresentation merely because the original information differed from the corrected information.
8. Availability and Prior Sale
Many items displayed on the Site are unique and may be sold only once. Items may also be offered through our physical gallery, sales consultants, exhibitions, private presentations or other sales channels.
All items are subject to:
- Prior sale;
- Verification of availability;
- Withdrawal;
- Correction;
- Modification; and
- Final acceptance of an order by M.S. Rau.
An item may continue to appear available after it has been sold, reserved, placed on approval, withdrawn or otherwise made unavailable. We make reasonable efforts to update inventory, but do not guarantee that Site availability reflects real-time status.
9. Orders and Acceptance
Submitting an order through the Site constitutes an offer by the customer to purchase the identified item. It does not constitute acceptance by M.S. Rau.
An automated acknowledgment, order number, account update, shopping-bag status, payment authorization or email confirming receipt of an order does not, by itself, mean that M.S. Rau has accepted the order.
M.S. Rau may review an order and contact the customer or another authorized person to:
- Confirm identity;
- Verify payment information;
- Confirm availability;
- Discuss shipping or delivery;
- Request additional documentation;
- Address legal or compliance requirements; or
- Confirm transaction terms.
A binding sale occurs only when M.S. Rau expressly accepts the order or otherwise confirms completion of the transaction.
M.S. Rau may refuse, limit, hold, modify or cancel an order for any lawful reason, including:
- Prior sale or unavailability;
- Pricing, inventory or listing errors;
- Incomplete or inaccurate information;
- Inability to verify identity or payment;
- Suspected fraud or unauthorized activity;
- Shipping or insurance limitations;
- Sanctions, export-control, customs or other legal restrictions;
- Concerns regarding resale, diversion, impersonation or misuse;
- Failure to complete requested verification; or
- Another legitimate business, security or compliance reason.
No oral statement, informal email or communication from an employee or sales consultant changes these Terms unless included in an authorized written transaction agreement.
10. Pricing
Unless otherwise stated, displayed prices do not necessarily include:
- Shipping;
- Handling;
- Installation;
- Insurance;
- Taxes;
- Customs duties;
- Import charges;
- Brokerage fees; or
- Other transaction-related charges.
A displayed price is not binding if it results from a typographical, technical, data-entry, synchronization or other error.
M.S. Rau may correct an erroneous price before or after an order is submitted and before or after an automated acknowledgment is generated.
If a price correction materially affects a pending order, the customer may be given the opportunity to proceed at the corrected price or cancel the order.
11. Payment
Checkout and payment functionality may be provided through third-party commerce and payment-processing providers, including Shopify, Authorize.net, BitPay or their successors.
When payment information is submitted, the applicable payment provider may place an authorization or temporary hold on the payment method. An authorization is not necessarily a completed charge.
For many transactions, M.S. Rau does not capture payment until the order has been reviewed or verified. Payment timing and procedures may vary depending on the item, payment method, risk review and transaction terms.
By submitting payment information, you represent that:
- You are authorized to use the selected payment method;
- The information supplied is accurate;
- Applicable charges may be authorized or collected; and
- You will comply with reasonable verification requirements.
Available payment methods may include credit card, bank wire transfer, check, money order, approved cryptocurrency payment, deposit arrangement or another method authorized by M.S. Rau.
Payments through third-party providers are also subject to the applicable provider's terms, procedures, restrictions and privacy practices.
12. Taxes, Duties and Governmental Charges
Customers are responsible for applicable taxes, duties, customs charges, import fees, brokerage charges or governmental assessments unless M.S. Rau expressly agrees otherwise in writing or is legally required to collect and remit them.
Amounts calculated or displayed through the Site may be estimates and may be adjusted where permitted or required by law.
13. Shipping and Delivery
M.S. Rau may ship eligible purchases to destinations that can be served safely, lawfully and commercially reasonably.
Shipping methods, costs and timing depend on factors including:
- The item's size, weight, value, condition and fragility;
- Packing and crating requirements;
- The destination;
- Insurance availability;
- Carrier requirements;
- Installation or setup needs; and
- Customs, import or export requirements.
Shipping charges displayed on the Site may apply only to specified locations or circumstances. Final charges may be confirmed by a sales consultant or in a transaction document.
Delivery dates and transit times are estimates only and are not guaranteed.
Delays may result from carriers, customs authorities, weather, natural disasters, labor disruptions, governmental action, security reviews or other circumstances outside M.S. Rau's reasonable control.
Risk of loss and title will transfer as stated in the applicable invoice, purchase agreement, shipping document or governing law.
Customers must inspect delivered items promptly and report claimed damage or discrepancies within the period stated in the applicable transaction document, carrier requirements or return policy.
14. International Transactions
International orders may require assistance from a sales consultant and may be subject to:
- Customs processing;
- Import and export laws;
- Cultural-property restrictions;
- Sanctions and trade controls;
- Wildlife, material or species restrictions;
- Permits or licenses;
- Taxes, duties and brokerage fees;
- Carrier or insurance limitations; and
- Additional identity or payment verification.
M.S. Rau does not guarantee that an item can lawfully be exported from the United States or imported into a particular country until applicable requirements have been reviewed.
The customer is responsible for determining and satisfying applicable import requirements, taxes, duties, permits and other obligations unless M.S. Rau expressly agrees otherwise in writing.
M.S. Rau may refuse or cancel an international transaction when legal, logistical, insurance, payment, customs or compliance concerns arise.
15. Returns and Exchanges
Returns, exchanges, approvals, store credits, refunds and other purchase protections are governed by our Buy With Confidence Guarantee and any applicable invoice, approval agreement, sales agreement or other transaction-specific document.
Unless a different written policy applies, returned items must be returned in the same condition in which they were delivered and in accordance with all instructions, deadlines and shipping requirements provided by M.S. Rau.
Shipping, handling, installation, customs, duties, insurance and similar costs may be nonrefundable except where required by law or expressly agreed in writing.
Store credits may be subject to restrictions, including non-transferability and use only toward eligible merchandise.
16. Educational and Editorial Content
The Site may contain articles, research, historical information, videos, collecting guidance, blog posts and other editorial materials.
This content is provided for general informational and educational purposes only.
It does not constitute:
- Legal advice;
- Tax advice;
- Financial advice;
- Investment advice;
- Insurance advice;
- Authentication services; or
- A formal appraisal.
You should consult an appropriately qualified professional regarding legal, tax, insurance, valuation, authentication or investment matters.
17. No Appraisal Services Through the Site
M.S. Rau does not provide formal appraisal services through the Site.
Any pricing, historical commentary, comparative example, estimate, description or other information appearing on the Site relates to M.S. Rau's own inventory or is provided for general informational purposes. It should not be treated as an appraisal of property owned by a visitor or third party.
Individuals seeking a formal appraisal should consult a qualified independent appraisal professional.
18. Intellectual Property
Unless otherwise indicated, the Site and its content are owned by, licensed to or used with permission by M.S. Rau and are protected by copyright, trademark, trade dress, database, unfair competition and other applicable laws.
Protected content may include:
- Product and gallery photography;
- Descriptions and catalog copy;
- Research and scholarship;
- Articles and editorial content;
- Graphics and videos;
- Website layouts and design;
- Logos, names and trademarks;
- Metadata and databases;
- Software and code; and
- Selections, arrangements and compilations.
Some content, including press materials, comparative images, source materials, embedded media and linked content, may be owned by third parties. Third-party content remains subject to the rights of its respective owner.
No ownership interest or intellectual-property right is transferred by your access to or use of the Site.
M.S. Rau reserves all rights not expressly granted in these Terms.
19. Limited License
Subject to compliance with these Terms, M.S. Rau grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Site for personal, informational, educational and non-commercial purposes.
You may print or save reasonable portions of Site content for your own collecting, purchasing or research purposes.
This limited permission does not authorize:
- Commercial reproduction;
- Public distribution;
- Republication;
- Sale or licensing;
- Creation of derivative works;
- Removal of copyright or proprietary notices; or
- Any automated collection or use prohibited by these Terms.
M.S. Rau may revoke this license at any time.
20. Prohibited Uses
You may not use the Site to:
- Violate any applicable law or regulation;
- Submit false, misleading, fraudulent or unauthorized information;
- Impersonate another person or entity;
- Misrepresent an affiliation with M.S. Rau;
- Interfere with the operation, performance or security of the Site;
- Attempt unauthorized access to accounts, systems or networks;
- Introduce malicious code, malware or harmful technology;
- Circumvent access controls, rate limits or security measures;
- Reverse engineer, decompile or attempt to derive source code;
- Conduct fraudulent purchases, payment activity or chargebacks;
- Use the Site in a manner that burdens its infrastructure;
- Harass, threaten or abuse employees, customers or other persons; or
- Assist another person in any prohibited activity.
21. Scraping, Data Mining and Artificial Intelligence Restrictions
Except with M.S. Rau's prior written permission, you may not use any automated system, software, bot, crawler, scraper, spider, agent, extraction process or similar technology to access, monitor, copy, index, download, collect, analyze or reproduce Site content or data.
Without limiting the foregoing, Site content may not be used to:
- Train, develop, fine-tune, test or validate an artificial intelligence or machine-learning system;
- Train or operate a large language model, foundation model, generative model or image-generation system;
- Create embeddings, vector databases, knowledge graphs or training datasets;
- Build image-recognition, visual-search or object-identification systems;
- Generate synthetic data;
- Create a competing catalog, marketplace, database or research service;
- Harvest photographs, descriptions, prices, provenance, metadata or scholarship;
- Conduct automated commercial indexing; or
- Reproduce or summarize Site content at scale for commercial use.
These restrictions apply regardless of whether the resulting system, model, dataset or service is offered commercially or without charge.
Permission for search-engine indexing does not constitute permission for any other automated use.
22. Impersonation, Counterfeiting and Brand Misuse
You may not impersonate M.S. Rau, falsely claim to represent M.S. Rau or create a website, account, advertisement, communication, listing, social-media profile or other material that is likely to confuse others regarding its source, sponsorship or affiliation.
Prohibited conduct includes:
- Using M.S. Rau's name, logos, trade dress or photographs without authorization;
- Creating false product listings or sales offers;
- Copying Site content to create a deceptive or competing website;
- Using look-alike domain names, email addresses or social-media accounts;
- Soliciting payments while purporting to act for M.S. Rau;
- Misrepresenting ownership or possession of M.S. Rau inventory; and
- Using M.S. Rau content in connection with fraud, counterfeiting or deceptive trade practices.
M.S. Rau may investigate suspected infringement, impersonation or fraud and may report conduct to hosting providers, platforms, payment processors, registrars, law-enforcement agencies or other appropriate parties.
23. Copyright Complaints
If you believe that material appearing on the Site infringes a copyright you own or control, you may send a written notice to M.S. Rau using the contact information below.
Your notice should include:
- Identification of the copyrighted work claimed to have been infringed;
- Identification and location of the allegedly infringing material;
- Your name and contact information;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
Submitting a knowingly false infringement notice may result in liability under applicable law.
24. Third-Party Services
The Site may rely on or incorporate third-party services, including:
- Commerce and checkout platforms;
- Payment processors;
- Shipping and logistics providers;
- Maps;
- Embedded videos;
- Virtual or 360-degree tours;
- Analytics and advertising technologies;
- Customer-relationship and communications systems;
- Cloud-hosting and security providers; and
- Accessibility-support tools.
Third-party services may be governed by their own terms, policies and practices. M.S. Rau does not control and is not responsible for the availability, performance, security, content or practices of third-party services.
Your use of a third-party service may create a direct relationship between you and that provider.
25. Third-Party Links
The Site may contain links to museums, publications, news organizations, research resources, press coverage, social-media platforms and other third-party websites.
Links are provided for convenience or citation purposes and do not necessarily constitute endorsement, sponsorship or approval.
M.S. Rau does not control and is not responsible for third-party websites, their content, their availability or their privacy and security practices.
You access third-party websites at your own risk and should review their applicable terms and policies.
26. Electronic Communications
By using the Site or providing contact information, you consent to receive electronic communications relating to:
- Orders and transactions;
- Account activity;
- Requested information;
- Customer service;
- Security and fraud prevention;
- Policy or legal notices; and
- Other service-related matters.
You agree that electronic notices, disclosures, agreements and communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
Marketing communications are governed by your preferences, our Privacy Policy and applicable law. You may unsubscribe from marketing emails using the link included in those messages. Unsubscribing from marketing communications does not prevent us from sending transactional, service, security or legal communications.
You are responsible for maintaining a current email address and for reviewing communications sent to the address associated with your account or transaction.
27. Changes to the Site
M.S. Rau may modify, update, suspend, restrict or discontinue any part of the Site at any time, with or without notice.
This may include changes to:
- Site features;
- Account functionality;
- Checkout or payment options;
- Product listings;
- Educational content;
- Third-party integrations; or
- Technical or security requirements.
M.S. Rau is not obligated to maintain any particular feature, listing, page, functionality or level of availability.
28. Suspension and Termination
M.S. Rau may suspend, restrict or terminate access to the Site or an account when we reasonably believe that such action is necessary or appropriate.
Reasons may include:
- Violation of these Terms;
- Fraud or suspected fraud;
- Unauthorized account activity;
- Security threats;
- Abusive or unlawful conduct;
- Intellectual-property infringement;
- Automated scraping or data extraction;
- Impersonation or brand misuse;
- Nonpayment or disputed payment activity;
- Legal or regulatory requirements; or
- Protection of M.S. Rau, its customers, employees or third parties.
Termination does not affect rights, obligations or liabilities that arose before termination.
Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, prohibited uses, disclaimers, limitations of liability, indemnification, dispute resolution and governing law.
29. No Reliance on Informal Statements
To the fullest extent permitted by law, you acknowledge that decisions concerning use of the Site or a purchase should be based on the applicable written listing, invoice, sales agreement, approval agreement or other authorized transaction document.
No representation, statement, estimate, prediction or assurance creates a warranty or contractual obligation unless expressly included in a written agreement authorized by M.S. Rau.
Nothing in this section excludes liability that cannot lawfully be excluded or limits rights expressly provided in an applicable written guarantee.
30. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, FEATURES AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXCEPT FOR A WARRANTY EXPRESSLY SET FORTH IN AN APPLICABLE WRITTEN TRANSACTION AGREEMENT, M.S. RAU DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- COMPLETENESS;
- AVAILABILITY;
- SECURITY; AND
- UNINTERRUPTED OR ERROR-FREE OPERATION.
M.S. RAU DOES NOT WARRANT THAT:
- THE SITE WILL ALWAYS BE AVAILABLE, SECURE OR FREE FROM ERRORS;
- DEFECTS WILL BE CORRECTED IMMEDIATELY;
- THE SITE OR ITS SERVERS WILL BE FREE FROM MALICIOUS CODE;
- LISTING INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT;
- AN ITEM DISPLAYED ON THE SITE WILL REMAIN AVAILABLE;
- COLORS OR DETAILS DISPLAYED ON A DEVICE WILL PRECISELY MATCH THE PHYSICAL ITEM; OR
- EDUCATIONAL OR SCHOLARLY CONTENT WILL REFLECT FUTURE RESEARCH OR CONSENSUS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
31. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, M.S. RAU AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS AND SUCCESSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
THIS EXCLUSION INCLUDES, WITHOUT LIMITATION:
- LOSS OF PROFITS OR REVENUE;
- LOSS OF BUSINESS OR OPPORTUNITY;
- LOSS OF DATA;
- LOSS OF GOODWILL;
- BUSINESS INTERRUPTION;
- COST OF SUBSTITUTE GOODS OR SERVICES;
- DIMINUTION IN VALUE;
- LOSS RESULTING FROM RELIANCE ON SITE CONTENT;
- DAMAGES ARISING FROM SITE UNAVAILABILITY OR SECURITY INCIDENTS; OR
- DAMAGES ARISING FROM THIRD-PARTY SERVICES.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF M.S. RAU WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, M.S. RAU'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- ONE HUNDRED UNITED STATES DOLLARS; OR
- THE AMOUNT YOU PAID DIRECTLY TO M.S. RAU THROUGH THE SITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
For a claim arising directly from the purchase of merchandise, any transaction-specific limitation, return right, written warranty or remedy stated in the applicable sales agreement, invoice or guarantee will govern.
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence where it cannot lawfully be limited, death or personal injury caused by negligence where prohibited, or any other liability that applicable law does not permit the parties to exclude or limit.
32. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless M.S. Rau and its affiliates, owners, officers, directors, employees, agents, representatives, licensors, service providers, successors and assigns from and against claims, demands, proceedings, liabilities, judgments, damages, losses, costs and reasonable attorneys' fees arising from or relating to:
- Your violation of these Terms;
- Your unlawful or unauthorized use of the Site;
- Your infringement or misappropriation of another person's rights;
- Information or material you submit through the Site;
- Your fraudulent, deceptive or abusive conduct;
- Your misuse of M.S. Rau's content, name or intellectual property; or
- Your use of an automated tool, artificial-intelligence system or data-extraction process in violation of these Terms.
M.S. Rau reserves the right to assume exclusive control of the defense of any matter subject to indemnification. You agree to cooperate reasonably with that defense and may not settle a covered claim without M.S. Rau's prior written consent.
33. Force Majeure
M.S. Rau will not be liable for a delay, interruption, failure to perform or inability to complete a transaction caused by circumstances beyond its reasonable control.
Such circumstances may include:
- Hurricanes, floods, fires, earthquakes or other natural disasters;
- Severe weather;
- Epidemics or public-health emergencies;
- War, terrorism, civil unrest or governmental action;
- Sanctions, embargoes or changes in import or export requirements;
- Labor disputes or shortages;
- Carrier, customs, shipping or insurance delays;
- Utility, internet, telecommunications or hosting failures;
- Cyberattacks, malware or security incidents;
- Payment-network or banking disruptions;
- Loss of or damage to merchandise outside M.S. Rau's reasonable control; or
- Failure of a supplier or third-party service provider.
Where performance is affected, M.S. Rau may suspend, delay, modify or cancel the affected service or transaction. If M.S. Rau cancels a transaction after capturing payment and no merchandise is delivered, M.S. Rau will refund the applicable captured amount, except to the extent another remedy is required or permitted by law or agreed in writing.
34. Governing Law and Venue
These Terms and disputes arising from or relating to the Site will be governed by the laws of the State of Louisiana, without regard to conflict-of-law principles.
Subject to any mandatory rights or venue requirements imposed by applicable law, any legal action arising from or relating to these Terms or the Site must be brought exclusively in a state or federal court located in Orleans Parish, Louisiana.
You consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum or improper venue, to the extent such waiver is permitted by law.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or transactions conducted through the Site unless expressly agreed otherwise in writing.
35. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified as necessary to make it enforceable.
The remaining provisions will remain in full force and effect.
36. No Waiver
M.S. Rau's failure or delay in exercising a right or enforcing a provision of these Terms does not waive that right or provision.
A waiver is effective only if made in writing by an authorized representative of M.S. Rau and applies only to the specific circumstance for which it was given.
37. Assignment
You may not assign, transfer or delegate your rights or obligations under these Terms without M.S. Rau's prior written consent.
M.S. Rau may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, financing or other business transaction, or to an affiliate or successor.
An attempted assignment in violation of this section is void to the extent permitted by law.
38. Entire Agreement
These Terms, together with the policies and transaction documents incorporated by reference, constitute the entire agreement between you and M.S. Rau regarding use of the Site.
They supersede prior or contemporaneous communications and understandings concerning the Site, whether oral or written.
These Terms do not replace the terms of an applicable invoice, sales agreement, approval agreement, guarantee or other transaction-specific agreement.
39. Changes to These Terms
M.S. Rau may update these Terms periodically to reflect changes in:
- Our services or business practices;
- Site functionality or technology;
- Payment or fulfillment processes;
- Legal or regulatory requirements;
- Security practices; or
- Other operational needs.
When these Terms are updated, we will revise the effective date and post the updated version on the Site. We may provide additional notice when required by applicable law or when we determine that a change is material.
Changes apply prospectively from their stated effective date unless applicable law permits or requires otherwise.
Your continued use of the Site after updated Terms become effective constitutes acceptance of the revised Terms. A transaction submitted before revised Terms become effective will ordinarily remain governed by the terms applicable when the transaction was submitted, unless otherwise agreed or required by law.
40. Accessibility
M.S. Rau is committed to providing a website experience that is accessible to a broad audience.
Information about our accessibility efforts and methods for requesting assistance is available in our Accessibility Statement.
If you experience difficulty accessing these Terms or another portion of the Site, contact us using the information below so that we may provide reasonable assistance or an alternative format where practicable.
41. Contact Us
Questions concerning these Terms may be directed to:
M.S. Rau Antiques, L.L.C.
622 Royal Street
New Orleans, Louisiana 70130
United States
Email: info@rauantiques.com