Conditions of sale for Christie's inc.

Christie's Shop

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

  1. These Conditions of Sale set out the terms on which Christie’s Inc. of 20 Rockefeller Plaza, New York, NY 10020, USA (referred to as Christie’s, "we", "us", "our" and "ourselves" in these Conditions of Sale) and the seller offer the products for sale.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. YOU AGREE THAT, EXCEPT FOR THE WARRANTIES SET FORTH IN PARAGRAPH 8(b) AND, TO THE EXTENT APPLICABLE, PARAGRAPH 8(a), (WARRANTIES) 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

  1. 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.
  2. 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. Colors 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.

5. PRICING

  1. All prices posted on the Christie’s Shop are subject to change without notice.
  2. 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.
  3. Prices on the Christie’s Shop are shown in US Dollars unless otherwise indicated. For international orders, duties and taxes may be included in the price depending on the destination country.

6. PURCHASING VIA CHRISTIE’S SHOP

  1. 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.
  2. 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.
  3. 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.
  4. 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 9(d) (Our Ability to Cancel).
  5. 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 authorize us, and Paypal, 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 duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored 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.
  6. You must pay for a product in the currency of the sale. 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 “guest checkout” function. Partial payment of a product, or 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.
  7. 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.
  8. Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to you, please check with your card supplier before proceeding to check-out.
  9. 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.
  10. Please contact Christie’s at shopchristies@christies.com for any questions relating to payments.


7. SHIPPING AND TAXES

(a) Taxes

(i) Unless you present a valid sales tax exemption certificate to Christie’s, you are responsible for paying all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the Buy-Now Price. VAT charges and refunds depend on your particular circumstances. 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.

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

(iii) For products that Christie’s ships to or within the United States, a sales or use tax may be due on the Buy-Now Price, and/or any other charges related to the product, regardless of the nationality or citizenship of the successful buyer. Christie’s will collect sales tax at the time of purchase as required by applicable laws.


(b) Shipping

(i) We will provide free domestic shipping via Fedex or flat rate international shipping for purchases made via 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.

(ii) 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.

(iii) 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.

(iv) 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 Bloc ked 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. (v) 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.

(vi) 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 shopchristies@christies.com

(vii) 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 shopchristies@christies.com.

(viii) 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 purchase 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.

(ix) 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 shopchristies@christies.com.

(x) 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.

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


8. 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, to the maximum extent permitted 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 five (5) 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:

(ii) It will be honored for claims notified within a period of five (5) years from the date of the sale. After such time, we will not be obligated to honour the authenticity warranty.

(iii) 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.

(iv) 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 list of Qualified Headings and the full product description before purchasing a product or buying a product using Buy-Now.

(v) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale.

(vi) 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.

(vii) 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.

(viii) 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.

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

(A) give us written notice of your claim within five (5) 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 in the condition it was in at the time of sale. (x) 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.

(xi) To make a claim under paragraph (b) above, you must give written details of the defect and return the product to the location from which it was shipped to you (or as we direct) in the same condition as at the time of sale, within fourteen (14) days of the date of the sale.


(c) Disclaimer of Additional Warranties

(i) WITH RESPECT TO THE WARRANTIES IN SECTION 8(a) and 8(b), NEITHER THE SELLER NOR THE CHRISTIE’S GROUP MAKE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS AND THE CHRISTIE’S SHOP, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTIES IN SECTIONS 8(A) AND 8(B), ANY AND ALL WARRANTIES OF ANY KIND ARE EXPRESSLY EXCLUDED.

(ii) To the maximum extent permitted by applicable law, we are not responsible to you for any reason in connection with any matter relating to your purchase of, or bid for, any product, other than as expressly set out in these Conditions of Sale.

(iii) We disclaim any and all representations, warranties or guarantees, and assume no liability of any kind in respect of any product with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance.

9. OTHER IMPORTANT TERMS

  1. Your Legal Rights

(i) Right to cancel the purchase of a product.

(A) If you are a consumer in accordance with the EU Consumer Rights Directive and habitually reside in the European Union and the seller is not a consumer (as identified in the Sale Particulars), you have the right to cancel the contract for the purchase of a product, without giving any reason. If the seller is not identified as a consumer, the owner of the property immediately before the sale will be Christie’s.

(B) The cancellation period will expire fourteen (14) calendar days from the day after the date on which you, or a third party indicated by you (other than the carrier) acquires, physical possession of the product.

(C) To exercise the right to cancel you must inform Christie’s, which is offering to sell the product either as agent for the seller or as the owner of the product, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation forms set out in paragraph 9(a)(iii,) below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

(ii) Effects of cancellation

(A) If you cancel your purchase in accordance with Section 9(a) above, we will refund you all payments we have received from you for the product, including the costs of shipping but we will not reimburse you for any import duties you incur as a result of your return of the product to us.

(B) We may make a deduction from the refund of payment for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.

(C) We will make the refund of payment without undue delay, and not later than: (aa) fourteen (14) calendar days after the day we receive back from you any product supplied; or (bb) (if earlier) fourteen (14) calendar days after the day you provide evidence that you have returned the product.

(D) We will make the refund of payment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold refund of payment until we have received the product back or you have supplied evidence of having sent back the product, whichever is earliest.

(E) You shall send back the product or return it over to us at such address as we may specify for the purpose, without undue delay and in any event not later than fourteen (14) calendar days from the day after on which you communicate your cancellation from these Conditions of Sale to us. The deadline is met if you send back the product before the period of fourteen (14) calendar days has expired. You will have to bear the direct costs of returning the product. You are only liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.

(iii) Model form of cancellation – Purchase of the product

To: Christie's Inc., 20 Rockefeller Plaza, New York, NY 10020, USA

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*], Ordered on [*]/received on [*],

Name of consumer(s), Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate


(b) 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 E1 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) 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.

(c) 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, labor shortages, changes in any law or regulation, war, armed conflict, terrorist attack and nuclear and chemical contamination.

(d) 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.

(e) 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 re production rights to the product.

(f) 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.

(g) 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.

(h) 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.

(i) Privacy

You acknowledge and agree that we may collect (including by automated technologies), record, use, share and otherwise process your personal information as described in our privacy notice: http://www.christies.com/about-us/contact/privacy/. If you are a resident of California you can see a copy of our California Consumer Privacy Act statement at https://www.c hristies.com/about-us/contact/ccpa.

(j) 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.

(k) Governing Law and Disputes

These Conditions of Sale and any claims arising in connection with these Conditions of Sale or any other rights you may have relating to the purchase of a product shall be governed by and enforced pursuant to the Federal Arbitration Act (Title 9 of the United States Code) and the laws of the State of New York, without regard to conflicts of law. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of, relating to, or in connection with these Conditions of Sale, or the breach, termination, interpretation or validity thereof (“Dispute”), shall be submitted for mediation administered by the American Arbitration Association’s International Centre for Dispute Resolution, or its successor (“ICDR”), in accordance with its Mediation Rules. If the Dispute, or any portion of the Dispute, is not settled within 60 days from the date when mediation is initiated, then, such dispute will be resolved in accordance with Section 9(k) below.

(l) Arbitration Agreement and Class Action Waiver

(i) Mandatory Arbitration. You and we agree that, except in the circumstances specified below, any Dispute not resolved by mediation shall be submitted for binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”) administered by ICDR in accordance with its International Arbitration Rules. Each party agrees that if for any reason the ICDR will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of ICDR as a forum is not integral to the Arbitration Agreement.

The arbitration shall be conducted by one neutral arbitrator, who shall be appointed by the ICDR within 30 days after the initiation of the arbitration. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Conditions of Sale, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section (ii) of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted. Pre-hearing information exchange shall be limited and the arbitrator shall order the reasonable production of documents only upon a showing that such documents are relevant and material to the outcome of the Dispute. The arbitrator may grant any remedy or relief available under applicable law, including, without limitation, injunctive relief. The arbitration, its existence, content or results shall be confidential and shall not be disclosed to non-parties to the arbitration, except to the extent necessary to confirm an arbitration award, enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by, and enforcement of the award (including interim awards for injunctive relief) may be sought in, any court having jurisdiction over the relevant party or its assets in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the “Convention”). If you are a resident of the U.S., arbitration will be conducted in the county of your residence or another mutually agreed location. If you reside outside the U.S., the place of any mediation or arbitration shall be New York, New York, and the language of any mediation or arbitration shall be English. Despite these provisions we may bring proceedings against you in any court having jurisdiction over the matter, instead of arbitration, in the event that either you fail to make any payment to us in full cleared funds when due, or you or assets belonging to you are located in a jurisdiction that is not a signatory to the Convention. In such case, if we bring court proceedings against you the Dispute shall be resolved in such proceedings, neither of us shall have the right to arbitrate any portion of the Dispute. WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.

(ii) Arbitration Class Action Waiver. Each party agrees that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section (ii) invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.

(iii) Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the ICDR’s rules. We will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

(iv) Non-Arbitration Class Action and Jury Waiver. Each party agrees that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and we waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor we may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

(v) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE CONDITIONS OF SALE, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH US THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and sent to: shopchristies@christies.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.


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 8(b) of these Conditions of Sale.

Buy-Now price: the fixed price at which a product may be offered for sale using the Buy-Now facility.

Christie’s: means Christie’s Inc., 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 8(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 8(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 8(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