PLEASE READ THESE CONDITIONS OF SALE AND THE SALE PARTICULARS CAREFULLY BEFORE BUYING ANY PRODUCTS USING CHRISTIE’S SHOP.

THESE CONDITIONS OF SALE AND THE SALE PARTICULARS SET OUT THE TERMS AND CONDITIONS ON WHICH WE OFFER THE PRODUCTS LISTED ON THE CHRISTIE’S SHOP MARKETPLACE (THE “CHRISTIE’S SHOP”). BY PLACING AN ORDER ON CHRISTIE’S SHOP, YOU AGREE TO THESE TERMS AND CONDITIONS AND THEY WILL BECOME CONTRACTUALLY BINDING ON YOU. THEY ALSO DESCRIBE CERTAIN LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR CHRISTIE’S AND THE SELLER OF A PRODUCT, WHERE APPLICABLE. YOU REPRESENT THAT (A) YOUR PURCHASE AND USE OF PRODUCTS MADE AVAILABLE ON THE CHRISTIE’S SHOP WILL BE IN ACCORDANCE WITH THESE CONDITIONS OF SALE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.  IF YOU DO NOT AGREE TO THESE CONDITIONS OF SALE, YOU MAY NOT PURCHASE PRODUCTS ON THE CHRISTIE’S SHOP.

PLEASE ENSURE THAT YOU HAVE UNDERSTOOD ALL CHARGES, FEES AND TAXES THAT MAY BE APPLIED TO YOUR BUY-NOW PRICE. THESE WILL DEPEND UPON WHERE THE PRODUCT IS LOCATED AT THE TIME OF PURCHASE.

WE RESERVE THE RIGHT TO MODIFY OR UPDATE THESE CONDITIONS OF SALE AND ANY ASPECT OF THE CHRISTIE’S SHOP, INCLUDING THE PRODUCTS AVAILABLE FOR SALE AND THEIR PURCHASE PRICE, AT ANY TIME IN OUR SOLE DISCRETION. ANY UPDATES WE MAKE WILL NOT APPLY RETROACTIVELY TO PAST ORDERS.

EXCEPT AS SET FORTH IN THESE CONDITIONS OF SALE, ALL SALES ARE FINAL. OWNERSHIP OF A PRODUCT AND RISK AND RESPONSIBILITY FOR THE PRODUCT WILL PASS TO YOU WHEN WE TRANSFER THE PRODUCT TO THE AUTHORISED SHIPPING CARRIER. THE PRODUCT IS AT YOUR RISK IF YOU CHOOSE TO EXERCISE ANY RIGHT YOU MAY HAVE TO CANCEL THE CONTRACT FOR THE PURCHASE OF THE PRODUCT AND YOU ARE RESPONSIBLE FOR INSURING THE PRODUCT AGAINST LOSS OR DAMAGE UNTIL IT IS RETURNED TO US.  ‍

1. THESE CONDITIONS OF SALE -BINDING ON YOU

(a) These Conditions of Sale set out the terms on which Christie’s Hong Kong Limited on 6F, The Henderson, 2 Murray Road, Central, Hong Kong (referred to as Christie’s, "we", "us", "our" and "ourselves" in these Conditions of Sale) and the seller offer the products for sale.

(b) Words and expressions which are in bold in these Conditions of Sale have the meaning set out in the glossary which is set out at the end of these Conditions of Sale.

(c) Where you (also referred to as the "buyer” and “your” in these Conditions of Sale) purchase a product using Christie’s Shop you agree that these Conditions of Sale and the Sale Particulars shall be contractually binding on you.

2. THE SELLER

(a) The party who is the seller for the purposes of the Christie’s Shop sale will depend on who owns the product at the time the sale is completed. If the product is owned by Christie’s, we will be the seller. If the product is owned by a third party, the third-party owner of the product will be the seller, whose identity may not be disclosed.

(b) Where a third party is the seller, Christie’s will be selling that product as the agent of the seller. This means that Christie’s is providing services to the third-party seller to help them sell their product and that Christie’s is concluding the contract for the sale of the product on behalf of that third party seller.

(c) When Christie’s is the agent of the third-party seller, the contract of sale which is created by any purchase of a product using Christie’s Shop, will be directly between you and the third-party seller, and not between you and Christie’s. However, even when the sale is by Christie’s on behalf of the third-party seller, Christie’s gives certain undertakings to you directly. These are further described below in these Conditions of Sale.

3. DESCRIPTION OF PRODUCTS

(a) Our description of any product, any condition report and any other statement made by us (whether orally or in writing) about any product, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are our opinion and not to be relied on as a statement of fact. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.  Please be aware that our condition reports are a free service and we are not responsible to you for any error (human or otherwise), omission or breakdown in this service.

(b) YOU AGREE THAT, EXCEPT FOR THE WARRANTIES SET FORTH IN PARAGRAPH 10(B) AND, TO THE EXTENT APPLICABLE,PARAGRAPH 10(B) BELOW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES RELATED TO ANY PRODUCT, INCLUDING THE NATURE OF THE PRODUCT, AND THAT YOU HAVE NOT AND WILL NOT RELY ON ANY DESCRIPTIONS OF THE PRODUCT AS AN EXPRESS OR IMPLIED WARRANTY, PROMISE OR GUARANTEE.

4. CONDITION

(a) The condition of products can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Products are sold “as is”, in the condition they are in at the time of the sale, without any express or implied representation or warranty or assumption of liability of any kind by Christie’s or the seller as to condition of the products by Christie’s or by the seller.

(b) Any reference to condition in the Sale Particulars or in a condition report will not amount to a full description of condition, and images may not show the condition of a product clearly. Colours and shades may look different on the screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a product. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report. You understand that you are entitled and encouraged to seek your own independent professional advice regarding the condition of the property prior to the sale and that any costs associated with obtaining such professional advice is solely your responsibility.  

(c) Almost all clocks and watches are repaired in their lifetime and may include parts which are not original. We do not give a warranty that any individual component part of any watch or clock is authentic. Watchbands described as “associated” are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights or keys.

(d) As collectors’ watches and clocks often have very fine and complex mechanisms, you are responsible for any general service, change of battery or further repair work that may be necessary. We do not give a warranty that any watch or clock is in good working order. Certificates are not available unless described in the Sale Particulars.

(e) Most watches have been opened to find out the type and quality of movement. For that reason, watches with water resistant cases may not be waterproof and we recommend you have them checked by a competent watchmaker before use.

(f) As certain manufacturers may not issue certificates of authenticity, Christie’s has no obligation to furnish a buyer with a certificate of authenticity from the manufacturer, except where specifically noted in the Sale Particulars.  Unless Christie’s is satisfied that it should cancel the sale in accordance with the authenticity warranty, the failure of a manufacturer to issue a certificate will not constitute grounds for cancellation of the sale.

(g) A product marked with the symbol ⊕ in the Sale Particulars incorporates batteries which may be designated as “dangerous goods” under international laws and regulations governing the transport of goods by air freight.  If a buyer requests shipment of the product to a destination outside of the country in which the saleroom is located, the batteries will be removed and retained prior to shipment.

5. BUYING FROM CHRISTIE’S SHOP

(a) Registration

(i) If you have not previously registered a Christie's account, we will create a Christie's account for you after your Christie's Shop purchase. In order to buy from the Christie’s Shop, you must be at least 18 years old.

(ii) If you are a returning client who has not bought anything from the Christie’s Shop or any of our salerooms in the last two years or if you want to spend more than on previous occasions, we may at our discretion ask you for updated information.

(iii) You will need to give us enough time to process your purchase. We may, at our option, decline to permit you to register as a buyer.

(iv) Christie’s will ship a product only to the registered address that you confirm when you check out from the Christie’s Shop.

(b) Failure to provide the right documents

If in our opinion you do not satisfy our buyer identification and registration procedures, including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to process your purchase from Christie’s Shop and if you make a successful purchase, we may cancel the contract for sale between you and the seller. Christie’s may, at its option, specify the type of photo identification it will accept, for the purposes of buyer identification and registration procedures.

(c) Purchasing as an Individual/ on behalf of a Company

(i) When purchasing either as an individual or on behalf of an entity, you accept that in making a purchase, you are accepting personal liability to pay the Buy-Now Price. In order to buy, you are required to supply the information requested, including a valid debit or credit card in your name or other accepted payment information.

(ii) Christie’s will require you, or, if you are purchasing on behalf of a company in accordance with paragraph 5(c)(ii), your company, to provide the following types of information and/or documentation: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); confirmation of beneficial ownership (e.g. schedule of shareholders, articles of organisation or operating agreement); confirmation of registered address (e.g. current utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents); and valid, government-issued photo ID for account owner (driver's license, passport or national identity card).

(iii) As a successful buyer, if you purchased as a company client, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account.

6. CONNECTIVITY AND TECHNICAL ISSUES DURING THE PURCHASE

(a) Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including (but not limited to) accessing the website and maintaining continuity of such access.

(b) Christie’s will not be responsible to you for errors or failures to place orders at the Christie’s Shop placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection on Christie’s or your end to the Christie’s Shop; and/or (ii) a breakdown or problems with any internet connection, computer, mobile device or system. Christie’s does not accept liability for your or our failing to access the Christie’s Shop site or to make a purchase for a product at the Buy-Now Price or for errors or omissions in connection with this activity. In addition, we will not be responsible for any errors that may occur in the quality of digital images.

7. PRICING

(a) All prices posted on the Christie’s Shop are subject to change without notice.

(b) We attempt to provide accurate pricing information regarding the products available on the Christie’s Shop, but cannot offer guarantees against pricing errors and are not responsible for typographical, or other pricing errors. If an error occurs, we will inform you using the contact information you provide when placing your order and you may either confirm your order (at the corrected product pricing) or cancel the order. We reserve the right to cancel any order arising from a pricing error.

(c) Prices on the Christie’s Shop are shown in United States Dollars unless otherwise indicated.

8. PURCHASING VIA CHRISTIE’S SHOP

(a) Products available through the Christie’s Shop can be purchased at a fixed price (the “Buy-Now Price”). If you purchase such a product at the Buy-Now Price, these Conditions of Sale and Sale Particulars for that product will apply to the sale. When making a purchase through Christie’s Shop, you agree that the purchase is binding upon you, such that you are committed to purchasing the products listed in your order.  

(b) The record of sale (Christie’s records which relate to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale, the record of sale will govern.

(c) All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept it. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the product ordered is out of stock (including if another buyer places an order for a particular product before you do) or has been mispriced, if we suspect the order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed.

(d) If we accept your order, we will send you a confirmation email with your order number, a summary of the products ordered, and shipping and pricing details (“Order Confirmation”). You are solely responsible for providing us an accurate email address to which the Order Confirmation will be sent. Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant product(s) will not take place unless and until you have received your Order Confirmation email and your method of payment is charged. If your order cannot be completed for any reason, we will notify you using the contact information you provide when placing your order, and in such case we may cancel the contract of sale between you and us. We also reserve the right to cancel the contract of sale between you and us in our sole discretion after the Order Confirmation in the event you fail to satisfy any of our “know your client”requirements, fail to comply with these Conditions of Sale, we suspect fraud, or in accordance with paragraph 11(d) (Our Ability to Cancel).

(e) When you make a purchase via Christie’s Shop your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorise us, or, our third-party service provider (“Payment Service Provider”), to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are the cardholder and are duly authorised to use such payment method for the purchase; (c) charges incurred by you will be honoured by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.  You acknowledge that Christie’s has no liability for your payment not reaching us where, for example, payment is refused or declined by your card supplier. It is your responsibility to check with Christie’s and/or your card supplier that the payment has been accepted.

(f) You must pay for a product in the currency shown on Christie’s Shop. You must pay for any product bought at Christie’s via Christie’s Shop via our Payment Service Provider, or a permitted credit or debit card in your name through our Payment Service Provider’s function. Partial payment of a product, or 'guest checkout' payment across multiple debit or credit cards for a single product, will not be allowed. If you purchase multiple products, you may purchase one product with one credit card and another product with a different credit card but you will need to go through two separate check-outs.

(g) You warrant that the funds used for payment are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.

(h) Please note that if you pay for your purchase using a credit or debit card, the payment may incur additional fees. If you think this may apply to you, please check with your card supplier before proceeding to check-out.

(i) Please contact Christie’s at shop.contact@christies.com for any questions relating to payments.

(j) We reserve the right to modify, suspend or discontinue, temporarily or permanently, the offering of any products through Christie’s Shop at any time, in our sole discretion.  

(k) Transferring ownership to you

You will not own the product and ownership of the product will not pass to you until: (i) we have confirmed that you have met all buyer identification and payment procedures; and (ii) we have received full, clear and undisputed payment of all amounts due, even in circumstances where we have released the product to you.

(l) Transferring risk to you

(i) The risk in and responsibility for the product will transfer to you from the time we transfer the product to the authorised shipping carrier for onward shipping to you.

(ii)  The product is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase of the product and you are responsible for insuring the product against loss or damage until it is returned to us.

9. SHIPPING AND TAXES

(a) Taxes

(i) The successful buyer is responsible for any applicable taxes including any sales or use tax, VAT, GST, import taxes or equivalent tax wherever such taxes may arise on the Buy-Now Price and/or any other charges related to the product.

(ii) You are responsible for ascertaining and remitting all taxes due on your purchase, unless we are legally required to collect such taxes at the time of sale.

(iii) For products that Christie's ships to or within the United States, Christie's will collect sales tax at the time of purchase as required by applicable laws. Trade buyers that present a valid resale certificate can secure a sales tax exemption. Where Christie's does not charge sales tax, you are responsible for paying all applicable use tax on the Buy-Now Price.

(b) Shipping

(i) We will provide flat rate international shipping for purchases made at the Christie’s Shop.  Unless otherwise stated, the shipping charges will not include (i) any applicable local taxes and handling fees; (ii) any customs duty, import tax and any local clearance fees applicable for your country or region.

(ii) You must ensure that you provide a valid delivery address at registration for all products to be shipped.  Except in very limited circumstances, we will only ship to the registered address on your account which you provide at the time of registration. Purchases cannot be delivered to temporary addresses such as P.O. boxes or hotel addresses. Our shipping partners will only operate a curb-side/ground floor delivery, unless otherwise agreed with you. You are responsible for paying any shipping and storage charges if the product is returned to the Christie’s Shop due to your failure to provide a valid delivery address, or pay any duty, import taxes and/or customs processing fees, or the lack of a recipient to sign and accept delivery where necessary. You will be responsible for any and all shipping expenses, including costs, packing and handling, loss/damage liability (LDL) fees as specified in the Sale Particulars. Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased product, Christie’s Shop is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased products. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts, omissions or neglect and you agree to release us from any such liability.

(iii) Shipping is currently not possible to Afghanistan, Africa, Belarus, Cuba, Gaza, Indonesia, Iran, Iraq, Israel, Jordan, Lebanon, Mainland China, North Korea, Palestinian territories, Russia, Sudan, Syria or Ukraine, or any country or region subject to US or international embargoes. If the country you wish to ship to is unavailable or if you have questions generally about international shipping, contact Christie’s at shop.contact@christies.com.

(iv) It is your responsibility to ascertain and pay any applicable international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third-party charges necessary to facilitate shipment as well as any necessary insurance charges.

(v) Our shipping partners may contact you directly with communications necessary to deliver your product or to make arrangements for pick-up if you need to return a product.

(vi) For products being exported from the US, you expressly agree not to divert, reship or forward any part of a shipment:

(A) to any country which the US Department of the Treasury, Office of Foreign Assets Control (OFAC) has designated as supporting international terrorism (currently Cuba, Iran, North Korea, Sudan, and Syria); or  

(B) to any individual or entity named in: the OFAC list of Specially Designated Nationals and Blocked Persons; or any of the lists maintained by the US Department of Commerce Bureau of Industry and Security - the Denied Persons List, the Entity List, or the Unverified List; or any of the lists maintained by the US Department of State - the Debarred Parties List or the Proliferators List.

(vii) Delivery time depends on a number of variables, and there may be delays such as bad weather affecting air transport, or a package being held for inspection by customs. Neither Christie’s nor its shipping partners are liable for any delays in international transportation or customs clearance.

(viii) Be sure to check the details of your purchase carefully on receipt and check the contents of the package(s) promptly upon receipt. If you have a problem with the product, contact Christie’s at shop.contact@christies.com.

(ix) On rare occasions, a package may be lost or the contents damaged during international shipment no matter how carefully it is handled. If your package is lost or damaged in international transit, you will need to submit a claim within fourteen (14) days of the date of delivery, or within fourteen(14) days of the date you received confirmation that it was lost. To make a claim, contact Christie’s at shop.contact@christies.com.

(x) Import/export licenses or other permits. Certain products sold may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country. Obtaining the necessary permits and/or licenses may result in additional costs and subsequent delays. Local laws may prevent you from importing a product or may prevent you selling a product in the country you import it into. Unless otherwise agreed by us in writing, the fact that you may need to apply for an import and/or export license or some other permit and/or license for shipment may result in additional time to process at an additional cost and does not affect your obligation to make payment nor our right to charge interest or storage charges on late payment. A delay in obtaining required permits or licenses shall not justify a rescission of any sale nor shall we  be obliged to refund the Buy-Now Price, any interest or other expenses incurred by you. Local laws may prohibit the import or export of some property and/or may prohibit the resale of some property in the country of importation. It is your responsibility to check if products may be imported into and/or transported to the specified delivery location and plan for additional time to apply for and receive the appropriate permits and/or licenses. No such restriction or delays associated with processing shipments shall justify the rescission of any sale or delay in making full payment for the product.

(xi) Many of the watches offered for sale in the Sale Particulars are pictured with straps made of endangered or protected animal materials such as alligator or crocodile. These products are marked with the symbol ψ in the Sale Particulars. These endangered species straps are shown for display purposes only and are not for sale. Christie’s will remove and retain the strap prior to shipment from the Christie’s Shop. For more information, contact Christie’s at shop.contact@christies.com. 

Products made of or including(regardless of the percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the Sale Particulars. This material includes, among other things, ivory, tortoiseshell, whalebone, certain species of coral, Brazilian rosewood, crocodile, alligator and ostrich skins. You should check the relevant customs laws and regulations prior to purchasing any product containing wildlife material if you plan to export the product from the country in which the product is sold and import it into another country as a licence may be required.  In some cases, the product can only be shipped with an independent scientific confirmation of species and/or age and you will need to obtain these at your own cost.

We will not be obliged to cancel your purchase and refund the Buy-Now Price if your product may not be exported, imported or it is seized for any reason by a government authority.  It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to the export or import of property containing such protected or regulated material.  

(xii) You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any product prior to purchasing or for Christie’s Shop products, prior to purchasing. If you are refused a license or there is a delay in getting one, you must still pay us in full for the product. We may be able to help you apply for the appropriate licenses if you ask us to and pay our fee for doing so, however we cannot guarantee that you will get one. For more information, contact Christie’s at shop.contact@christies.com.

(xiii) You alone are responsible for any applicable taxes, tariffs or other government-imposed charges relating to the export or import of the product. If Christie’s exports or imports the product on your behalf, and if Christie’s pays these applicable taxes, tariffs or other government-imposed charges, you agree to refund that amount to Christie’s.

(xiv)   If you have any questions about international shipping in general, or about a specific shipment of Christie’s products, please contact Christie’s at shop.contact@christies.com.

10. WARRANTIES

(a) Seller’s Warranties

(i) For each product, the seller gives a warranty that the seller:

(A) is the owner of the product or a joint owner of the product acting with the permission of the other co-owners or, if the seller is not the owner or joint-owner of the product, has the permission of the owner to sell the product, or the right to do so in law; and

(B) has the right to transfer ownership of the product to the buyer without any restrictions or claims by anyone else.

(ii) If the seller breaches either of the above warranties, your sole and exclusive remedy is to return the product for a full refund.  For clarity, the seller shall not have to pay more that the Buy-Now Price paid by you to us. Except for the foregoing refund, the seller will not be responsible to you for any reason for any loss or liability you may incur, including loss of profits or business, expected savings, loss of opportunity or interest, costs, or other damages or for any expenses, in connection with the seller’s breach of the foregoing warranties. The seller gives no warranty in relation to any product other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller which may be added to these Conditions of Sale by law, are excluded.

(b) Christie’s Authenticity Warranty  

(i) We warrant that, subject to the terms below, the products on Christie’s Shop are authentic (our “authenticity warranty”). If, within two (2) years of the date of the sale, you give us notice that your product is not authentic, subject to the terms below, we will refund the Buy-Now Price paid by you. The meaning of authentic can be found in the Glossary at the end of these Conditions of Sale. The terms of the authenticity warranty are as follows:

(A) It will be honoured for claims notified within a period of two (2) years from the date of the sale. After such time, we will not be obligated to honour the authenticity warranty.

(B) It is given only for information shown in UPPERCASE type in the first line of the product description (the "Heading").It does not apply to any information other than in the Heading even if shown in UPPERCASE type.

(C) The authenticity warranty does not apply to any Heading or part of a Heading which is Qualified. Qualified means limited by a clarification in a product description. For example, use of the term “ATTRIBUTED TO…” in a Heading means that the product is in Christie’s opinion probably a work by the named artist but no warranty is provided that the product is the work of the named artist. Please read the full product description before purchasing a product or buying a product using Christie’s Shop.

(D) The authenticity warranty applies to the Heading as amended by any notice shown on the Christie’s Shop.

(E) The authenticity warranty does not apply where scholarship has developed since the sale leading to a change in generally accepted opinion. Further it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the sale or drew attention to any conflict of opinion.

(F) The authenticity warranty does not apply if the product can only be shown not to be authentic by a scientific process which, on the date we published the Sale Particulars, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the product.

(G) The benefit of the authenticity warranty is only available to the original buyer shown on the Order Confirmation from Christie’s for the product issued at the time of the sale and only if on the date of the notice of claim, the original buyer is the full owner of the product and the product is free from any claim, interest or restriction by anyone else. The benefit of this authenticity warranty may not be transferred to anyone else.

(ii) In order to claim under the authenticity warranty, you must:

(A) give us written notice of your claim within two (2) years of the date of the sale. We may require full supporting evidence of any claim;

(B) at Christie’s option, we may require you to obtain the written opinions of two recognised experts in the field of the product mutually agreed by you and us in advance confirming that the product is not authentic. If we have any doubts, we reserve the right to obtain additional opinions at our expense; and

(C) return the product at your expense to the place from where it was shipped to you (or as we direct) in the condition it was in at the time of sale.

(iii) Should we agree that your product is inauthentic, your only right under this authenticity warranty is to cancel the sale and receive a refund of the Buy-Now Price paid by you to us. We will not, in any circumstances, be required to pay you more than the Buy-Now Price nor will we be liable for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, other damages or expenses.

(c) Your Warranties

(i) You warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.

(ii) Where you are buying on behalf of another person, you warrant that:

(A) you have conducted appropriate customer due diligence on the ultimate buyer(s) of the product in accordance with all applicable anti-money laundering and sanctions laws, consent to us relying on this due diligence, and you will retain for a period of not less than 5 years the documentation evidencing the due diligence.  You will make such documentation promptly available for immediate inspection by an independent third-party auditor upon our written request to do so;

(B) the arrangements between you and the ultimate buyer(s) in relation to the product or otherwise do not, in whole or in part, facilitate tax crimes; 

(C) you do not know, and have no reason to suspect, that the funds used for settlement are connected with, the proceeds of any criminal activity, including tax evasion, or that the ultimate buyer(s) are under investigation, or have been charged with or convicted of money laundering, terrorist activities or other crimes.

(d) Disclaimer of Additional Warranties

(i) To the fullest extent permissible under applicable law, Christie’s and the seller disclaim and exclude any and all other warranties of any kind relating to the product and the Christie’s Shop, whether express or implied by statute or common law or otherwise. This disclaimer and exclusion does not affect your rights under the warranties in paragraphs 10(a) and 10(b).

(ii) We are not responsible to you for any reason (whether for breaking these Conditions of Sale or any other matter relating to your purchase of any product) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Conditions of Sale.

(iii) We are not responsible to you for any reason to give any representation, warranty or guarantee or assume any liability of any kind in respect of any product with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.

(iv) We have no responsibility to any person other than a buyer in connection with the purchase of a product.

(v) If, in spite of the terms in 10(d)(i) to(iv), we are found to be liable to you for any reason, we shall not have to pay more than the Buy-Now Price paid by you to us. We will not be responsible to you for any reason for any other damages or expenses.

11. OTHER IMPORTANT TERMS

(a) Our Liability to you

(i) We give no warranty in relation to any statement made, or information given, by us or by our representatives or employees about any product other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to these Conditions of Sale by law are excluded. The seller’s warranties in paragraph 10(a) or in relation to any terms which are implied into contracts by law are their own and we do not have any liability to you in relation to those warranties.

(ii) We:

(A) are not responsible to you for any reason (whether for breaking these Conditions of Sale or any other matter relating to your purchase of any product) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Conditions of Sale; and

(B) do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any product with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local

law, any warranty of any kind is excluded by this paragraph.

(iii) We have no responsibility to any person other than a buyer in connection with the purchase of a product.

(iv) If we are found to be liable to you for any reason, we shall not have to pay more than the Buy-Now Price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs or for other damages.

(b) Events outside the control of Christie’s or the Seller

Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs, fire, flood, natural disasters acts of God or the public enemy, pandemics, epidemics,  disruption or outage of communications(including the Internet or other networked environment), power or other utility, acts by governmental authorities, labour shortages, changes in any law or regulation, war, armed conflict, terrorist attack and nuclear and chemical contamination.

(c) Our ability to cancel

In addition to the other rights of cancellation contained in these Conditions of Sale, we can cancel a sale of a product if (i) any of your warranties in these Conditions of Sale are not correct; (ii) we reasonably believe that completing the transaction is or may be unlawful or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.

(d) Copyright

We own the copyright in all photographs, illustrations and written material produced by or for us relating to a product (including the contents of our Sale Particulars). There may be additional third party copyrights and other related rights in the subject matter of our Sale Particulars owned by third parties. You cannot use any of the content of  the Sale Particulars without our prior written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the product.

(e) Enforcing these Conditions of Sale

If a court finds that any part of these Conditions of Sale are not valid, or is illegal or impossible to enforce, that part of these Conditions of Sale will be treated as being deleted, and the rest of these Conditions of Sale will not be affected.  

(f) Transferring your Rights and Responsibilities

You may not grant a security over or transfer your rights or responsibilities under these Conditions of Sale on the contract of sale unless we have given our written permission. These Conditions of Sale will be binding on your successors, estate and anyone who takes over your rights and responsibilities.

(g) Translations

If we have provided a translation of these Conditions of Sale, we will use this original version in English in deciding any issues or disputes which arise under these Conditions of Sale.

(h) Personal Information, Privacy and Data Protection

(i) We will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with our privacy notice:http://www.christies.com/about-us/contact/privacy/ and if you are a resident of California you can see a copy of our California Consumer Privacy Act statement at https://www.christies.com/about-us/contact/ccpa. 

(ii) In order to get your purchase shipped internationally to you, we provide certain personal information about you to our nominated shippers, including your name, delivery address, phone number, the product(s) you buy from Christie’s Shop, the price you pay for the product(s), and the weight and dimensions of the package. Our shippers will treat this information as private and confidential and will only use it for the purpose of providing international shipping and any customs clearance services you request from them in order to deliver your product(s) to you. Information about the packages being shipped to you will be provided to the necessary authorities for purposes of export, import, duty, tax, and security screening. The information may include your name, delivery address, description of the goods, their value, the number of pieces, and the weight of the package. This information is required by law and regulations applicable in the countries from where and to where packages are transported. Our shipping partners are committed to responsible data management, comply with applicable data protection legislation, and employ industry standard practices to protect the security of your data, which may be stored and processed in the UK, the US, and other countries.

(iii) Card and other payment information is collected and processed directly by the Payment Service Provider and not by Christie’s. We provide the following information to the Payment Service Provider to enable payment to be processed: (i) name; (ii) billing address; and (iii) transaction amount. The Payment Service Provider may undertake fraud prevention reviews prior to processing any payment or as part of the payment process. Payment specific information which is submitted to the Payment Service Provider is processed on PCI compliant secure servers. The information submitted and used for processing payments is as below:

-       Name and contact details including shipping and billing addresses

-       Credit or Debit Card information

-       Total transaction value

-       Your IP Address from which you are checking out from  

(iv) You acknowledge that the shippers and Payment Service Providers referred to in 11(i), (ii) and (iii) above may be located in or outside Hong Kong.

(v) Christie’s does not have access to, or retain, any credit card or other payment information details.

(i) Waiver

No failure or delay to exercise any right or remedy provided under these Conditions of Sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

(j) Law and Disputes

The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the sale at the Christie’s Shop and any matters connected with any of the foregoing shall be governed and interpreted by the Hong Kong laws. By purchasing at the Christie’s Shop, the buyer shall be deemed to have accepted these Conditions and submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the Hong Kong courts, and also accepted that Christie’s also has the right to pursue remedies in any other jurisdiction in order to recover any outstanding sums due from the buyer.

GLOSSARY

authentic: a genuine example, rather than a copy or forgery of:

• The work of a particular artist, author or manufacturer, if the product is described in the title description (and not Qualified) as the work of that artist, author or manufacturer;

• A work created within a particular period or culture, if the product is described in the title description (and not Qualified) as a work created during that period or culture;

• A work of  a particular origin or source if the product is described in the title description (and not Qualified) as being of that origin or source; or

• In the case of gems, a work which is made of a particular material, if the product is described in UPPERCASE type as being made of that material.

authenticity warranty: the guarantee we give in these Conditions of Sale that a product is  authentic as set out in paragraph 10(b) of these Conditions of Sale.

Authorised User: an individual authorised to execute transactions on behalf of an entity which has a registered transactional account. 

Buy-Now Price: the fixed price at which a product may be offered for sale using the Christie’s Shop online platform.

Christie’s: means Christie’s Hong Kong Limited, which is offering to sell a product either as agent for the seller or as the owner of the product.  

Christie’s Group: Christie’s International Plc, its subsidiaries and other companies within its corporate group.  

Christie’s Shop: a facility which we may provide either for you to buy a product at a fixed price.

condition: the physical condition of a product.

Conditions of Sale: the Conditions of Sale set out above and the Sale Particulars.

Heading: has the meaning given to it in paragraph 10(b).

other damages: : any special, consequential, incidental or indirect damages of any kind or any damages which fall within the meaning of ‘special’, ‘incidental’ or ‘consequential’ under local law.

product: an item to be offered for sale on Christie’s Shop (or two or more items to be offered at Christie’s Shop as a group).

product description: the description of a product in the Sale Particulars for the sale, as amended by any notice given to you.

provenance: the ownership history of a product.

Qualified: has the meaning given to it in paragraph 10(b).

Sale Particulars: the product information (the online description of the product or products offered for sale together with other information on the sale website relating to a product and the conduct of the sale); product notes; payment information; any on- screen notices displayed as part of a sale; the FAQs and any Special Conditions of Sale which apply to any product or group of products offered for sale at the same time.

seller: the owner of a product; this may be either Christie’s or another owner for whom Christie’s acts as agent.

Special Conditions of Sale: any additional conditions which apply to a sale and which are set out in the Sale Particulars.  

Subheading: has the meaning given to it in paragraph 10(b).  

UPPERCASE type: means having all capital letters.  

VAT:  means any value-added tax under applicable laws.

warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.