Items. You acknowledge that the items posted on this site for sale are used and are being sold on consignment, without warranties of any kind.
Processing of Purchase Orders. If another purchaser places a purchase order for any particular item before you do, you may not be the successful purchaser. Therefore, it is possible that you enter into a purchase order for an item and such purchase is not accepted by SOTHEBY'S HOME because the applicable item is no longer available for purchase or for any other reason determined by SOTHEBY'S HOME in its sole discretion. Further, while we endeavor to keep our Site current, and remove items that either have been removed by the consignor or which have been purchased, we cannot guarantee that all items featured on the Site at any time remain available for purchase at the time you visit the Site.
Interruption of Site; Site Availability. SOTHEBY'S HOME cannot guarantee continuous or secure access to our services or our Site, and operation of the Site may be interfered with by numerous factors outside of our control.
Reliance. SOTHEBY'S HOME may rely upon any notice, purchase order, or any other document which purports to have been transmitted or signed by or on behalf of a consignor or purchaser as the sender or signatory thereof and we shall have no duty to make any inquiry or investigation.
Representations, Warranties, and General Conditions of Use. You represent and warrant that all information you provide to SOTHEBY'S HOME and any payment or credit card transaction processor, independent shipping contractor or otherwise, will be true, accurate and complete.
Payment. You authorize our third party payment processor to initiate credit and debit transactions to purchase any item that you have agreed to purchase pursuant to a purchase order. You understand that we may take our fees from the purchase price and you expressly authorize the third party payment processing parties to pay directly to us our fees due on each sale and purchase of items. You will also be responsible for all taxes associated with your purchase, and you will indemnify and hold us harmless from any claims arising from or relating to your failure to pay all of such taxes. If you fail to render payment as prescribed for any transaction, the transaction will not be completed. You understand and agree that our third party payment processors may remit payment on your behalf to consignors and SOTHEBY'S HOME as soon as your transaction is processed and approved. Accordingly, you agree not to stop payment on any transaction.
Canceling a Transaction. If a transaction cannot be completed for any reason, including cancellation by SOTHEBY'S HOME for any reason, SOTHEBY'S HOME will notify each party to such transaction by e-mail to the e-mail address each has provided to SOTHEBY'S HOME. In SOTHEBY'S HOME'S sole discretion, SOTHEBY'S HOME may cancel any transaction if any party to a transaction fails to agree on the terms as required by this Site and the applicable agreements.
Taxes. SOTHEBY'S HOME is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any item purchased or sold through the site or otherwise arising from the transaction other than any tax on SOTHEBY'S HOME own income.
Security. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is completely secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security.
Trademarks. You acknowledge and agree that SOTHEBY'S HOME name and trademarks and other graphics, logos, slogans and service names used by SOTHEBY'S HOME on this Site are owned by SOTHEBY'S HOME.
Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site, but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our prior written consent. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Site for any commercial purpose. You may occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written consent. You acknowledge and agree that all content, including photographs, on the site are owned by SOTHEBY'S HOME and protected by applicable copyright laws.
Errors and Delays. SOTHEBY'S HOME is not responsible for any errors or delays in responding to a purchase order caused by an incorrect e-mail address provided by you or other technical problems.
Product Warranties, Guarantees; Title to Product and Refund Policies. You understand and hereby confirm that we do not produce, provide, endorse, or recommend any of the items made available through the Site. YOU MAY NOT ASSUME THAT THE PARTICIPATION OF ANY CONSIGNOR IN THE SERVICES OFFERED BY THE SITE IMPLIES ANY SUCH ENDORSEMENT OR RECOMMENDATION. You must undertake your own due diligence to satisfy yourself that the items offered and/or sold by any participating consignor will meet your needs, and satisfy your specifications. The only representations and warranties offered or given with regard to the items offered on the Site, or purchased by you are those provided by the consignor thereof. We do not transfer legal ownership of items from the consignor to you, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code Article 2, regarding passage of title to items (as the same may hereafter be amended), under which legal ownership of an item is transferred upon physical delivery of the item to the purchaser from the seller. You understand that the items are not new; they are used items being offered for sale by the consignor. WE ASSUME NO OBLIGATION TO INDEPENDENTLY VET OR INVESTIGATE ANY ITEM OR THE RIGHTS OF ANY CONSIGNOR TO SELL ANY ITEM OR THE QUALITY OR CONDITION OF THE ITEMS OFFERED.
Disclaimers of Warranties. ALL ITEMS OFFERED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR PURCHASE. THE SITE AND ALL ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND VIYET EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, DISCLAIMING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN ADDITION, SOTHEBY'S HOME DOES NOT WARRANT THAT THE DESCRIPTIONS OF THE ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT. SOTHEBY'S HOME DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SOTHEBY'S HOME, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS AND MANAGERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR THAT ARISE OUT OF THE USE OF THE SITE, THE ITEMS, THE SERVICES PROVIDED BY SOTHEBY'S HOME, THE INABILITY TO USE THE SITE OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SOTHEBY'S HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT NOT PROHIBITED BY LAW. IN NO EVENT WILL OUR DAMAGES TO YOU, REGARDLESS OF THE BASIS FOR THE UNDERLYING CLAIM, EXCEED THE FEES (IF ANY) PAID BY YOU TO US.
Restriction on Your Use. While using our Site, you will not:
- violate any laws, third party rights, or our policies set forth on the Site;
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- fail to deliver payment for items purchased by you;
- circumvent or manipulate our fee structure, the billing process, or fees owed to SOTHEBY'S HOME;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute or post spam, chain letters, or pyramid schemes on or through our Site;
- distribute viruses or any other technologies that may harm SOTHEBY'S HOME or any other Site user or transaction participant; or
- harvest or otherwise collect information about items or Users, including email addresses, without their express consent.
Governing law; Jurisdiction; Waiver of Jury Trial. By accessing the Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern your use of the Site, and each transaction, and any dispute of any sort that might arise between you and SOTHEBY'S HOME. Any dispute relating in any way to your accessing the Site, any item listed, described or purchased on the Site, the services provided by SOTHEBY'S HOME shall be adjudicated in any state or federal court in New York County, New York, and SOTHEBY'S HOME and you consent to exclusive jurisdiction and venue in such courts. YOU EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, TO WAIVE ANY AND ALL OF YOUR RIGHTS TO A TRIAL BY JURY.
Infringing Material. If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:
115 Broadway, Suite 1203
New York, New York 10006
The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SOTHEBY'S HOME to locate the material.
(iv) Information reasonably sufficient to permit SOTHEBY'S HOME to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Headings; No Waiver. Headings are for reference purposes only and do not have any interpretative effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Date: March 25, 2013