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CONDITIONS OF SALE FOR CHRISTIE’S INC.
ONLINE-ONLY SALES: AUCTIONS AND BUY-NOW
PLEASE READ THESE CONDITIONS OF SALE AND THE SALE PARTICULARS CAREFULLY BEFORE
PLACING ANY BID ON A LOT OR BUYING ANY LOT USING BUY-NOW.
THESE CONDITIONS OF SALE AND THE SALE PARTICULARS, ALONG WITH THE IMPORTANT
NOTICES AND EXPLANATION OF CATALOGUING PRACTICE, SET OUT THE TERMS AND CONDITIONS
ON WHICH WE OFFER THE LOTS LISTED IN THIS SALE. BY REGISTERING TO BID AND/OR BY
BIDDING AT AUCTION OR BUYING USING BUY-NOW, 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
LOT, WHERE APPLICABLE. UNLESS WE OWN A LOT(? SYMBOL), CHRISTIE’S ACTS AS AGENT FOR
THESELLER.
PLEASE ENSURE THAT YOU HAVE UNDERSTOOD ALL CHARGES, FEES AND TAXES THAT MAY BE
APPLIED TO YOUR BID PRICE OR BUY-NOW PRICE BEFORE YOU PLACE YOUR BID. THESE WILL
DEPEND UPON WHERE THE LOT IS LOCATED AT THE TIME OF PURCHASE.
AA 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 lots forsale.
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 in paragraph I of these Conditions of Sale.
3. By registering and/or by bidding in an auction, or where you (also referred to as the "buyer” and “your” in these
Conditions of Sale) purchase a lot using Buy-Now, you agree that these Conditions of Sale and the Sale
Particulars shall be contractually binding on you.
BB THE SELLER
1. The party who is the seller for the purposes of an auction or Buy-Now sale will depend on who owns the lot at
the time the sale is completed. If the lot is owned by Christie’s, we will be the seller (identified with the
? symbol). If the lot is owned by a third party, the third party owner of the lot will be the seller, whose identity
may not be disclosed.
2. Where a third party is the seller, Christie’s will be selling that lot as the agent of the seller. This means that
Christie’s is providing services to the third party seller to help them sell their lot and that Christie’s is
concluding the contract for the sale of the lot 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 successful bid
for a lot, or by any purchase of a lot using Buy-Now, 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.
A. BEFORE THE SALE
1. Description of lots
(a) Certain words used in the Sale Particulars to describe a lot have special meanings. You can find details of these
in the “Important Notices and Explanation of Cataloguing Practice” which forms part of these Conditions
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of Sale in paragraph L. You can find a key to symbols used in the Sale Particulars under the headings “VAT
Symbols, Explanations and Refunds” in paragraph J and “Symbols” in paragraph K.
(b) Our description of any lot, any condition report and any other statement made by us (whether orally or in writing)
about any lot, 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.
2. Our responsibility for our description of lots
We do not provide any guarantee in relation to the nature of a lot apart from our authenticity warranty
contained in paragraph A7(c), E2(a) and if applicable, E2(d) and to the extent provided in paragraph H1 below.
3. Condition
(a) The condition of lots 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. Lots are sold “as is”, in the condition
they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind
as to condition by Christie’sor 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 lot 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 lot. 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 conditionreport.
4. Estimates
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at
auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as
a prediction or guarantee of the actual selling price of a lot or its value for any other purposes. Estimates do not
include any buyer's premium or any applicable taxes or charges or artist’s resale royalty.
5. Jewellery
(a) Coloured gemstones (such as rubies, sapphires and emeralds) may have been treated to improve their look,
through methods such as heating and oiling. These methods are accepted by the international jewellery trade but
may make the gemstone less strong and/or require special care over time.
(b) All types of gemstones may have been improved by some method. You may request a gemmological report for
any lot which does not have a report if the request is made to us at least three weeks before the date of the sale
and you pay the fee for thereport.
(c) We do not obtain a gemmological report for every gemstone sold in our sales. Where we do get gemmological
reports from internationally accepted gemmological laboratories, such reports may be described in the Sale
Particulars. Reports from American gemmological laboratories will describe any improvement or treatment to
the gemstone. Reports from European gemmological laboratories will describe any improvement or treatment
only if we request that they do so, but will confirm when no improvement or treatment has been made. Because
of differences in approach and technology, laboratories may not agree whether a particular gemstone has been
treated, the amount of treatment or whether treatment is permanent. The gemmological laboratories will only
report on the improvements or treatments known to the laboratories at the date of the report.
(d) For jewellery sales, all estimates are based on the information in any gemmological report or, if no gemmological
report is available, you should assume that the gemstones may have been treated or enhanced.
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6. Watches & Clocks
(a) 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.
(b) 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.
(c) 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.
Important information about the sale, transport and shipping of watches and watchstraps can be found at paragraph
G5(g).
7. Wine
(a) Sales. Wines may only be sold to persons over the age specified in the Sale Particulars. By registering to bid,
you confirm that you are at least that age. All wine is sold in California and title passes to you, the buyer, in California.
California sales tax will be assessed on the sale.
(b) Limitation on shipment of wines. You are responsible for picking up the wine from our California location. If
you elect to ship wine to yourself, you are solely responsible for making all arrangements. Christie’s makes no
representation to the legal right of anyone to ship or import wine into any state outside of California. As the
buyer, you are solely responsible for shipment of wine. Buyers are reminded of the limitations and restrictions
imposed by various states and countries regarding the importation of wines between different states and countries.
Various jurisdictions may prohibit the importation or limit the quantity of wines that may be shipped into their
jurisdictions. In addition, various jurisdictions may require you or another entity to possess certain licenses or
permits before shipping or delivering wine. It is the sole responsibility of the buyer to determine before bidding
whether wines can be shipped from or into any state or jurisdiction and the legal obligation or responsibility for
obtaining any required permits or licenses on behalf of the buyer prior to shipment. It is the buyer’s responsibility
to abide by any customs regulations and required declarations for international shipments. The seller and
Christie’s make no representation as to the legal rights of any buyer to ship wines to or from any jurisdiction.
(c) Authenticity warranty in relation to wine. Notwithstanding any other terms of these Conditions of Sale, if:
(i) within 21 days of the date of the sale, Christie’s has received notice in writing from the buyer of any lot that
in his view the lot was at the date of the auction short or alleged or that any statement of opinion in the
catalogue was not wellfounded;
(ii) within fourteen days of such notice, Christie’s has the lots in its possession in the same condition as at the
date of the sale; and
(iii) within a reasonable time thereafter, the buyer satisfies Christie’s that the lot was notified in writing by the
buyer (as above) and that the buyer is able to transfer a good and marketable title to the lot free from any
lien or encumbrance,
Christie’s will set aside the sale and refund the buyer any amount paid by the buyer in respect of the lot provided
that the buyer shall have no rights under this condition if:
I. the defect is mentioned in the Sale Particulars; or
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II. the Sale Particulars as at the date of the sale were in accordance with the then generally
accepted opinion of scholars or experts fairly indicated there to be a conflict of such opinion;
or
III. it can be established that the lot was notified in writing by the buyer (as above) only by means
of a scientific process not generally accepted for use until after the publication of the sale or by
means of a process which at the date of the sale was unreasonably expensive or impracticable
or likely to have caused damage to the lot (see also notes on ullages and corks in the “Important
Notices and Explanation of Cataloguing Practice” in paragraph L of these Conditions of Sale).
You shall not be entitled to claim under this authenticity warranty for more than the amount paid by you for the
lot and in particular shall have no claim for any other expenses suffered by you. The benefit of this authenticity
warranty shall not be assignable and shall rest solely and exclusively with you as the buyer who shall be the
person to whom the original invoice was made out by Christie’s in respect of the lot when sold and who has
since the sale retained uninterrupted and unencumbered ownership thereof.
(d) Though every effort is made to describe the wines in the lot descriptions as correctly as can be ascertained at
the time the wines are listed for sale, buyers of old wines must make appropriate allowances for natural variations
of ullages, conditions of cases, labels, corks and wine. Corks over twenty (20) years old begin to lose their
elasticity and levels can change between cataloguing and sale. Old corks have also been known to fail during or
after shipment. We therefore repeat that there is always a risk of cork failure with old wines and due allowance
must be made for this. Under no circumstances can a return be accepted or an adjustment of price or credit be
made after delivery except under the terms stated in paragraph A7(c) above.
(e) The Sale Particulars may contain Special Conditions of Sale which apply to specific sales of wine.
B. REGISTERING TO BID
1. Registration
(a) If you have not previously bid or consigned with MyChristie’s and do not have a MyChristie’s account, you
will need to create a MyChristie’s account following the instructions provided at
http://onlineonly.christies.com and provide any required information and/or complete any necessary forms. In
order to register and bid in online-only sales, you must be at least 18 years old. For certain other online-only
sales, we may require you to meet a different minimum age. If you have an existing MyChristie’s account, you
can sign into the online-only sale with your existing username and password and then subsequently register for
the sale (if you have multiple accounts, you will need to select the account under which you wish to transact).
(b) If you are a returning bidder who has not bought anything from 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.
If you have any questions, please contact Christie’s Client Services.
(c) You will need to give us enough time to process and approve your registration. We may, at our option, decline
to permit you to register as a bidder.
(d) Christie’s will ship a lot only to the registered address that you confirm when registering to bid in an onlineonly sale.
2. Failure to provide the right documents
If in our opinion you do not satisfy our bidder 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 register you to bid or permit your participation in the sale and if you make a
successful bid, we may cancel the contract for sale between you and the seller.
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3. Registering as an Individual/on behalf of a Company
(a) When registering to bid either as an individual or on behalf of an entity, you accept that in making a bid, you are
accepting personal liability to pay the purchase price (as defined in paragraph F(1)(b) below), unless it has been
explicitly agreed in writing with Christie’s before the commencement of the sale that the bidder is acting as agent
on behalf of an identified third party acceptable to Christie’s and Christie’s will only look to the principal for
payment. In order to register to bid, you are required to supply the information requested, including a valid debit
or credit card in your name or other accepted payment information.
(b) If you are bidding on behalf of an entity as an Authorized User against an entity’s transactional account with
Christie’s, you must select the appropriate account at time of sale registration. If you do not already have a
MyChristie’s account you will first need to create one; similarly if the entity does not have a Christie’s
transactional account it will need to create one. In either situation, Christie’s may require your entity to provide
certain documents or meet certain qualifications as set forth below. Please contact Christie’s Client Services to
set up your MyChristie’s account or entity transactionalaccount.
(c) Christie’s will require you, or, if you are registering to bid on behalf of a company in accordance with paragraph
B3(b), 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 organization
or operating agreement); Confirmation of registered address (e.g. 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 nationalidentity card).
(d) Christie’s may also require the production of bank or other financial references or that you meet certain
qualifications. Christie’s may also require deposits of a portion of a placed bid to be made to Christie’s. In such
event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the
successful bidder, any such deposit shall be used to offset the appropriateportion of the purchase price.
(e) As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases
via a credit card issued to the company account and not a personal account.
4. Credit limits
Each bidder is subject to an aggregate bidding limit based on the currency of the sale and you should be notified
of this when registering for an online-only sale. Any such bidding limit will apply to all items for sale in that
particular online-only sale and to all items you bid upon in aggregate, not on a per lot basis. The bidding limit is
based upon the maximum bid you make as opposed to the actual bid amount that is accepted. Christie’s, in its
sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of
documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate
bidding limit and the bidding limit will not be reset until bidding on that lot closes. If you should reach the aggregate
bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to
place any further bids on those lots or any additional bids on other lots. You may adjust (i.e. remove, lower or
increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum
bid amount. Should you wish to bid beyond your bidding limit or if you have a question regarding your bidding
limit, please contact Christie’s Client Services.
C. DURING THE SALE
1. Connectivity and Technical Issues
(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 sales and
maintaining continuity of suchaccess.
(b) Christie’s will not be responsible to you for errors or failures to execute bids placed on the internet or on your
mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection on
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Christie’s or your end to the online-only sale; (ii) a breakdown or problems with the online bidding software;
and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution
of online and mobile internet bids is a free service and Christie’s does not accept liability for your or our failing
to access the bidding site or to execute an online or mobile internet bid 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.
2. Christie’s discretion in relation to bidding /purchasing
(a) Christie’s reserves the right, in our absolute discretion: (i) to reject your registration to bid; (ii) to reject, revoke
or refuse to accept any bid or use of Buy-Now (even those that have been previously accepted); (iii) to withdraw
or divide any lot or combine any two or more lots; (iv) whether during or after the sale, to restart or continue the
bidding even if the bidding has finished; (v) to re-offer the lot as a new Buy-Now lot at a fixed price; or (vi) in the
case of error or dispute and whether during or after the sale, to continue the bidding, determine the successful
bidder, cancel the sale of the lot, or re-offer and re-sell any lot. If any dispute relating to bidding arises during or
after the sale, Christie’s decision in exercise of this option isfinal.
(b) Christie’s reserves the right to disable or deactivate your account at any time during the sale.
3. Online Bidding Process - Bidding increments
(a) Bids may only be submitted between the dates and times specified in the Sale Particulars for that lot.
(b) As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate credit limit
referred to in paragraph B4). You accept and agree that bids submitted in this way are final and that you may not,
under any circumstances, amend, retract or revoke your bid. We are not responsible for any errors you make in
bidding. Once you have made a bid, the next bidding increment is shown for your convenience on your “Next
Bid” button.
(c) Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined
in Christie’s sole discretion. Bidding opens at a specified bid amount and advances in increments of up to 10%.
Bidding increments are asfollows:
$50 to $2,000 by $100
$2,000 to $3,000 by $200
$3,000 to $5,000 by $200, $500, $800
$5,000 to $10,000 by $500
$10,000 to $20,000 by $1,000
$20,000 to $30,000 by $2,000
$30,000 to $50,000 by $2,000, $5,000,$8,000
$50,000 to $100,000 by $5,000
$100,000 to $200,000 by $10,000
Above$200,000 to repeat in the same manneras setforthabove
(d) Currency Calculator: Christie’s may show bids in some other major currencies as well as the currency of the
sale, as specified in the Sale Particulars. Any conversion is for guidance only and we cannot be bound by any
rate of exchange shown by the currency calculator. Christie’s is not responsible for any error (human or
otherwise), omission or breakdown in providing these services.
4. “Buy-Now”
If this functionality is offered for a particular lot, it allows you to buy that lot at a fixed price (the “Buy-Now price”)
without bidding during an auction. If you purchase such a lot at the Buy-Now price, these Conditions of Sale and Sale
Particulars for that lot will apply to the sale in the same manner as if you had been the successful bidder in an auction
for that lot.
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5. Absentee BiddingServices
(a) You may request that Christie’s execute your bid on any particular lot(s) indicated by you in a signed Absentee
Bid Form that we make available to you for the sale. All absentee bids must be in the currency of the sale, as
indicated in the Sale Particulars for that lot. All absentee bids are subject to clearance by Christie’s Finance and
Credit department and must satisfy Christie’s Know Your Customer requirements. To be eligible for this service,
you must provide us with a valid email address where wecan contact you.
(b) We must receive your signed and completed Absentee Bid Form either physically at our saleroom premises or by
contacting the relevant sales specialist no later than 24 hours prior to the scheduled closing of the first lot in the
sale. We will not accept any requests after this point nor will we accept any oral requests, unsigned or incomplete
Absentee Bid Forms, or any written or emailed requests not on our Absentee Bid Form for the sale you wish to bid
upon.
(c) You may not cancel your bid after you have sent it to us. You may increase or decrease your bid prior to the
expiry of the 24-hour period by sending us an updated Absentee Bid Form for the lot(s). We will notify you (via
the email address you provide) when: (i) your bid has been entered into our system; and (ii) if you are the winner
of the lot(s) that you have bid upon. We will not send you an email if at the time of our receipt of your bid, your
requested bid amount has already been exceeded by another party’s bid on the same lot or if another matching
bid has received priority because of the time that we received it.
(d) All bids received by us will be time stamped based upon the time that we have received them. Absentee bids will
be officially entered by Christie’s prior to the time that the first lot of the sale closes. An online bid that is
submitted after an absentee bid is received by us, but before it is inputted by us, will take precedence. In the event
that Christie’s receives multiple absentee bids at the same bid amount, the earlier absentee bid received by us will
have priority over any later competing absentee bid received by us. In the event that an online bid is placed at the
same time that we submit an identical absentee bid, the online bid will take precedence. We are not responsible
for failing to execute an absentee bid on your behalf or for our determination of the official time of receipt by us
of any bid or absentee bid on a lot. Christie’s may determine in its sole discretion the official time that a bid has
been received.
(e) Christie’s as auctioneer will take reasonable steps to carry out absentee bids at the lowest possible price, taking
into account the reserve, but will not have any liability if it fails to do so.
(f) Additional information about our responsibility for bidding services can be found in paragraphH.
(g) If there is any conflict between this paragraph C5 and the instructions contained on the Absentee Bid Form, the
Absentee Bid Form will take precedence.
6. Reserves
(a) All lots are subject to a reserve. The reserve cannot be more than the lot’s low estimate.
(b) Under no circumstances will the system place any bid on behalf of the seller at or above the reserve.
(c) Christie’s reserves the right, in our absolute discretion, to lower the reserve of any lot in an online-onlysale
prior to the end of the sale.
7. The record of the sale
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.
8. Withdrawal of lots
Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during
the auction or Buy-Now sale, and shall have no liability whatsoever with regard to such withdrawal.
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9. Employee bidding
Employees of Christie’s may be bidding in any online-only sale, however they will have no advantage over other
bidders.
10. Closing of a lot
(a) A countdown clock is displayed for each lot on the lot description page. Where there is bidding activity on a
particular lot within 3 minutes prior to the lot's allocated closing time, there will be a bidding extension so that
there will always be a 3-minute period between the last bid and closing time of that lot. These extensions will
continue indefinitely until there is no more bidding activity on the lot for a period of 3 minutes.
(b) The extension of one lot’s closing time does not affect other lots’ closing times therefore it is possible that
lots will close out of numerical lot order.
11. Successful Bids - Auctions
The highest bid will be the successful bidder when the lot closes, unless Christie’s decides to use its discretion as set
out in paragraph C2 and C7 above. This means a contract for sale has been formed between the seller and the successful
bidder. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as
soon as possible after the sale to obtain details of the outcome of their successful bid by checking the “My Purchases”
tab of the online-only sale. We do not accept responsibility for notifying you of the result of your bids unless you are
successful and you should check as soon as possible after the sale to get details of the outcome of your bid.
D. CHARGES TO YOU - BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY,
SHIPPING AND LOSS DAMAGE LIABILITY CHARGES
1. The Buyer’s Premium
We will charge you a buyer’s premium on the hammer price of each lot sold.
We calculate the buyer’s premium as follows:
On all lots except wine we charge 26% of the hammer price up to and including: USD $1,000,000; 20% on that part
of the hammer price over USD $1,000,000 and up to and including USD $6,000,000; and 14.5% of that part of the
hammer price above USD$6,000,000.
For wine sales, the buyer’s premium is calculated at a flat rate of 25% of the hammer price.
VAT will be added to the buyer’s premium and is payable by you. The VAT may not be shown separately on our
invoice because of tax laws. You may be eligible to have a VAT refund in certain circumstances if the lot is exported.
Please see the “VAT refunds: what can I reclaim?” section of ‘VAT Symbols and Explanation’ for further
information.
2. Taxes
You are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever
such taxes may arise on the hammer price and the buyer’s premium, or in the case of Buy-Now sale, on the BuyNow price. VAT charges and refunds depend on your particular circumstances. It is your responsibility to ascertain and
pay all taxes due. VAT is payable on the buyer’s premium and, for some lots, VAT is payable on the hammer price.
Further information can be found in the ‘VAT Symbols and Explanation’ section at paragraph J.
The successful bidder is responsible for any applicable taxes including any sales or use tax or equivalent tax wherever
such taxes may arise on the hammer price, the buyer’s premium, and/or any other charges related to the lot.
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For lots Christie’s ships to or within the United States, a sales or use tax may be due on the hammer price, buyer’s
premium, and/or any other charges related to the lot, regardless of the nationality or citizenship of the successful
bidder. Christie’s will collect sales tax where legally required. The applicable sales tax rate will be determined based
upon the state, county, or locale to which the lot will be shipped.
In accordance with New York law, if Christie's arranges the shipment of a lot out of New York State, New York sales
tax does not apply, although sales tax or other applicable taxes for other states may apply. If you collect the lot from a
Christie's New York location, Christie's must collect New York sales tax on the lot at a rate of 8.875% regardless of
the ultimate destination of the lot.
If Christie's delivers the lot to, or the lot is collected by, any framer, restorer or other similar service provider in New
York that you have hired, New York law considers the lot delivered to the successful bidder in New York and New York
sales tax must be imposed regardless of the ultimate destination of the lot. In this circumstance, New York sales tax will
apply to the lot even if Christie’s or a common carrier (authorized by Christie’s that you hire) subsequently delivers the
lot outside New York.
Successful bidders claiming an exemption from sales tax must provide appropriate documentation to Christie’s prior
to the release of the lot or within 90 days after the sale, whichever is earlier. For shipments to those US states for which
Christie’s is not required to collect sales tax, a successful bidder may have a use or similar tax obligation. Christie's
recommends you consult your own independent tax advisor with any questions.
3. Artist’s Resale Royalty
In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when
any lot created by the artist is sold. We identify these lots with the symbol λ in the Sale Particulars. If these laws apply
to a lot, you must pay us an extra amount equal to the royalty (unless the law requires the payment to be made by the
seller). We will pay the royalty to the appropriate authority on your, or as applicable, the seller’s behalf. The artist’s
royalty applies if the hammer price of the lot is more than: (i) 1,000 Euro if located in the United Kingdom at the time
of sale; (ii) 3,000 Euro if located in The Netherlands at the time of sale; or (iii) 750 Euro if located in France at the time
of sale, and the total charge for artist’s resale right for any lot cannot be more than 12,500 Euro. We work out the amount
owed asfollows:
Royalty for the portion of the hammer price (in Euro)
? 4% up to 50,000
? 3% between 50,000.01 and 200,000
? 1% between 200,000.01 and 350,000
? 0.50% between 350,000.01 and 500,000
? over 500,000, the lower of 0.25% and 12,500Euro.
We will work out the artist’s resale royalty using the rate of exchange of the European Central Bank on the day of the
sale.
4. Shipping Charges
(a) Our Shipping Cost Calculator will provide you to with an estimate of the cost of shipping your lot before you
make the purchase. Unless otherwise stated, any shipping charges you will be required to pay will include: (i)
international shipping charges from where the lot is located to your designated delivery address; and (ii) loss
damage liability (LDL) charges. 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.
(b) 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.
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E. WARRANTIES
1. Seller’s Warranties
(a) For each lot, the seller gives a warranty that the seller:
(i) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the
seller is not the owner or joint-owner of the lot, has the permission of the owner to sell the lot, or the right
to do so in law; and
(ii) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone
else.
(b) If either of the above warranties are incorrect, the seller shall not have to pay more that the purchase price (as
described in paragraph F1(b) below) paid by you to us. The seller will not be responsible to you for any reason
for loss of profits or business, expected savings, loss of opportunity or interest, costs, other damages or
expenses. The seller gives no warranty in relation to any lot 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.
2. Christie’s AuthenticityWarranty
(a) We warrant that, subject to the terms below, the lots in our sales are authentic (our “authenticity warranty”).
If, within five (5) years of the date of the sale, you give us notice that your lot is not authentic, subject to the
terms below, we will refund the purchase 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 asfollows:
(i) 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.
(ii) It is given only for information shown in UPPERCASE type in the first line of the lot description (the
"Heading"). It does not apply to any information other than in the Heading even if shown in UPPERCASE
type.
(iii) 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 lot description or by the use in a Heading of one of the
terms listed in the section titled Qualified Headings in the “Important Notices and Explanation of
Cataloguing Practice! forming part of these Conditions of Sale. For example, use of the term
“ATTRIBUTED TO…” in a Heading means that the lot is in Christie’s opinion probably a work by the
named artist but no warranty is provided that the lot is the work of the named artist. Please read the full
list of Qualified Headings and the full lot description before bidding on a lot or buying a lot using BuyNow.
(iv) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale.
(v) The authenticity warranty does not apply where scholarship has developed since the auction 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.
(vi) The authenticity warranty does not apply if the lot 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 lot.
(vii) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the
lot 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 lot and the lot is free from any claim, interest or restriction by anyone else. The benefit of this
authenticity warranty may not be transferred to anyone else.
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(b) In order to claim under the authenticity warranty, youmust:
(i) give us written notice of your claim within 5 years of the date of the auction. We may require full supporting
evidence of any claim;
(ii) at Christie’s option, we may require you to obtain the written opinions of two recognised experts in the
field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. If we
have any doubts, we reserve the right to obtain additional opinions at our expense; and
(iii) return the lot at your expense to the place from where it was shipped to you in the condition it was in at
the time of sale.
(c) Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price
paid by you to us. We will not, in any circumstances, be required to pay you more than the purchase 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.
(d) Books. Where the lot is a book, we give an additional warranty for 14 days from the date of the sale that if on
collation any lot is defective in text or illustration, we will refund your purchase price, subject to the following
terms. Your only right under this additional warranty is to cancel the sale and receive a refund of the purchase
price paid by you to us. We will not, in any circumstances, be required to pay you more than the purchase price
nor will we be liable for any other damages or expenses.
This additional warranty does not apply to:
(i) the absence of blanks, half titles, tissue guards or advertisements, damage in respect of bindings, stains,
spotting, marginal tears or other defects not affecting completeness of the text or illustration;
(ii) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps or periodicals;
(iii) books not identified by title;
(iv) lots sold without a printed estimate;
(v) books which are described as sold not subject to return; or
(vi) defects stated in any condition report or announced at thetime of sale.
(e) To make a claim under paragraph (d) above, you must give written details of the defect and return the lot 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
14 days of the date of thesale.
(f) South East Asian Modern and Contemporary Art and Chinese Calligraphy and Painting. In these
categories, the authenticity warranty does not apply because current scholarship does not permit the making of
definitive statements. Christie’s does, however, agree to cancel a sale in either of these two categories of artwhere
it has been proven the lot is a forgery. Christie’s will refund to the original buyer the purchase price in accordance
with the terms of Christie’s authenticity warranty, provided that the original buyer notifies us with full
supporting evidence documenting the forgery claim within twelve (12) months of the date of the auction. Such
evidence must be satisfactory to us that the lot is a forgery in accordance with paragraph E2(b)(ii) above and the
lot must be returned to us in accordance with E2(b)(iii) above. Paragraphs E2( a), (b) and (c) also apply to a claim
under thesecategories.
(g) Chinese, Japanese and Korean artefacts (excluding Chinese, Japanese and Korean calligraphy, paintings,
prints, drawings and jewellery). In these categories, paragraph E2 (a) (ii) – (v) above shall be amended so that
where no maker or artist is identified, the authenticity warranty is given not only for the Heading but also for
information regarding date or period shown in UPPERCASE type in the second line of the catalogue description
(the “Subheading”). Accordingly, all references to the Heading in paragraph E2 (a) (ii) – (v) above shall be read
as references to both the Heading and the Subheading.
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3. Your Warranties
(a) 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.
(b) Where you are bidding on behalf of another person, you warrantthat:
(i) you have conducted appropriate customer due diligence on the ultimatebuyer(s) ofthe lot(s) 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 thirdparty auditor upon our written requestto do so;
(ii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole
or in part, facilitate tax crimes;
(iii) 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.
(c) If you are a California wine trade purchaser, you warrant that you maintain a California wine retail license.
4. Disclaimer of Additional Warranties and Limitation of Liability
(a) EXCEPT AS SET FORTH IN PARAGRAPHS E1 AND E2 ABOVE, NEITHER THE SELLER NOR THE
CHRISTIE’S GROUP MAKE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, WITH RESPECT TO THE LOT OR THE ONLINE-ONLY SERVICE, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
EACH OF WHICH IS SPECIFICALLY DISCLAIMED.
(b) 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, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation
by us or other than as expressly set out in these Conditions ofSale.
(c) 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 lot 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 thisparagraph.
(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) NFTs are provided on an "as is" and "as available" basis without warranties of any kind, and we expressly
disclaim all implied warranties as to the NFTs, including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement. We cannot and do not represent or
warrant that an NFT is reliable, current or error-free, meet your requirements, or that defects in the NFT will be
corrected. We cannot and do not represent or warrant that an NFT or the delivery mechanism for NFT are free
of viruses or other harmful components.
(f) If, in spite of the terms in E4(a) to (e), we are found to be liable to you for any reason, we shall not have to pay
more than the purchase price paid by you to us. We will not be responsible to you for any reason for any other
damages or expenses.
(g) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL
CHRISTIE’S OR ANY OF CHRISTIE’S AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS,
LOSS OF USE OR DATA, DAMAGES FOR BUSINESS INTERRUPTION, USER ERROR SUCH AS
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FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED
ADDRESSES; SERVER FAILURE OR DATA LOSS, CORRUPTED WALLET FILES,
UNAUTHORISED ACCESS TO APPLICATIONS, ANY UNAUTHORISED THIRD PARTY
ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, SYBIL
ATTACKS, 51% ATTACKS, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE
NFT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF LOTS OR NFT
OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION,
WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR
EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE);
AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF CHRISTIE’S AND CHRISTIE’S
AFFILIATES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING
OUT OF OR RELATING TO THESE TERMS OR THE OWNERSHIP OF NFTs, EXCEED THE
AMOUNT YOU PAY TO CHRISTIE’S FOR THE LOTS.
(h) THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY
FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS
MISCONDUCT OF CHRISTIE’S.
(i) Some jurisdictions do not allow the exclusion of certain warranties, disclaimer of implied terms, or limitations
or exclusions of liability for incidental or consequential damages in contracts with consumers. As a result, some
or all of the exclusions of warranties, disclaimers, and limitations or exclusions of liability in this section may
not apply to certain purchasers.
5. Buyer’s Acknowledgements and Representations for NFTs
(a) You acknowledge that ownership of an NFT carries no rights, express or implied, other than property rights for
the lot (specifically, digital artwork tokenized by the NFT). You understand and accept that NFTs are issued
by third parties, and not by Christie’s itself.
(b) You acknowledge and agree that there are risks associated with purchasing and holding NFTs. By purchasing,
holding and using NFT, you expressly acknowledge and assume all risks including, but not limited to, risk of losing
access to NFT due to loss of private key(s), custodial error or purchaser error, risk of mining attacks, risk of hacking
and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to
token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility
risks. If you have any questions regarding these risks, please contact us at info@christies.com.
(c) You acknowledge that you have a sufficient understanding of the functionality, usage, storage, transmission
mechanisms and other material characteristics of cryptographic tokens (like NFTs and Ether), token storage
mechanisms (such as token wallets), blockchain technology and blockchain-based software systems to understand
these Terms and to appreciate the risks and implications of purchasing NFTs. You acknowledge that you have
obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing
the code of the smart contract and the NFT and fully understand and accept the functions of the same. By making
a payment online with Ether, you (i) warrant that you are the lawful holder of the Ether; and (ii) acknowledge that
Christie’s has no liability for your payment not reaching us, including, but not limited to, instances where payment
through the blockchain is unsuccessful. It is solely your responsibility to confirm with Christie’s and the Ethereum
blockchain that the payment has been accepted.
(d) You acknowledge and represent that there is substantial uncertainty as to the characterization of NFTs and other
digital assets under applicable law. You acknowledge that your purchase of an NFT complies with applicable laws
and regulation in your jurisdiction
F. PAYMENT
1. Purchase Price and How to Pay
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(a) You must pay the purchase price:
(i) in the case of auctions, no later than 48 hours after the close of the auction, or if later, the time specified
in the SaleParticulars;
(ii) in the case of Buy-Now sales, within 15 minutes of adding a lot to your basket and completing the
payment process within a further period of 10 minutes of starting that process
(both being the “due date”).
(b) The purchase price is the total of the following amounts:
(i) the hammer price and the buyer’s premium (in the case of a sale by auction) OR the Buy-Nowprice (in
the case of a Buy-Now sale);
(ii) any amounts due under paragraph D3 (artist's resale royalty) above;
(iii) all shipping and related costs and charges including Loss /Damage Liability (LDL) charges; and
(iv) any applicable duties, goods, sales use, compensating or service tax orVAT.
(c) We will only accept payment from the registered bidder. Once issued, we cannot change the buyer’s name on
an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the
lot and need an export license.
(d) Except as provided in (h), you must pay for a lot in the currency of the sale. You must pay for any lot bought at
Christie’s via the online- only sale by a permitted credit or debit card in your name or by bank transfer. We will
only accept debit or credit cards with a MasterCard, Visa, American Express or China Union Pay logo (if the China
Union Pay credit card has a Visa or MasterCard logo) and in the case of sales where the Christie’s selling entity
is in the United States, Discover – including Diners Club International and JCB. If you registered and bid as a
company, your company will need to pay for any purchases via a debit or credit card issued to the company
account. Partial payment of a lot, or payment across multiple debit or credit cards for a single lot, will not be
allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a
different credit card but you will need to go through two separate check-outs.
(e) For sales that permit online payment, certain transactions will be ineligible for credit card payment.
(f) Payment information is collected and processed directly by a third party service provider (“Payment Service
Provider”) and not by Christie’s. Please see paragraph H8(c) for further details. Christie’s does not have
access to, or retain any credit cardinformation.
(g) By making a payment online via credit or debit card, you: (i) warrant that you are the cardholder; and (ii)
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.
(h) For sales that permit payment in Ether, you may pay for the hammer price and any amounts due under paragraph
D3 (artist’s resale royalty) via a digital wallet transfer of Ether to Christie’s. For the avoidance of doubt, we do
not permit payment of the buyer’s premium in Ether and you must pay the buyer’s premium in the currency of
the sale. You must send payment from a digital wallet maintained with Coinbase Custody Trust; Coinbase, Inc.;
Fidelity Digital Assets Services, LLC; Gemini Trust Company, LLC; or Paxos Trust Company, LLC. Only Ether
payments sent from digital wallets maintained at these platforms will be credited towards a lot purchase, and we
will not recognize payments from digital wallets hosted at other exchanges or self-hosted wallets. The digital
wallet must be registered to you, or, if you registered a bid as a company, then in the name of the company. You
agree, upon our request, to provide documentation confirming that the Ether payment was made from a digital
wallet registered in your name and maintained at one of the platforms listed above. Partial payments of a lot from
multiple digital wallets will not be allowed. If you purchase multiple lots, you may purchase one lot with
payment from one digital wallet and another lot with payment from a different digital wallet but this must be
accomplished through two separate transactions. For payments in Ether, the spot rate of exchange for Ether will
be set on the date of payment and will be based on the rate set forth by Gemini Trust Company, LLC as available
through their exchange.
(i) If you make payment in Ether from a digital wallet, you represent that the source of wealth for the digital wallet
15
is not attributable, either directly or indirectly, to (i) a citizen or resident of, or located in, a geographic area that is
the target of sanctions or embargoes imposed by the European Union, the United Kingdom, the United Nations or
the United States or (ii) an individual, or an individual employed by or associated with an entity, identified on the
US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially
Designated Nationals or Blocked Persons Lists, or the US Department of State’s Debarred Parties List, or similar
lists promulgated by the government of the European Union, the United Kingdom, or the United Nations.
(j) Please contact Christie’s Client Services for any questions relating to payments.
2. Payment Method - Credit CardCharges
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.
3. Transferring Ownership toYou
(a) You will not own the lot and ownership of the lot will not pass to you until: (i) we have confirmed that you
have met all bidder identification and registration procedures; and (ii) we have received full, clear and
undisputed payment of all amounts due, even in circumstances where wehave released the lot to you.
(b) If you have purchased a lot, including digital art, for which title is passed via NFT, then Christie’s (or the
seller) will transfer the NFT to you after you have met the conditions in paragraph F3(a). To receive the NFT,
you will use a digital wallet or wallet service provider registered in your name or for which you have title and
that supports the NFT tokens and understand and accept that failure to ensure this may result in an inability to
access your NFT. If you bid on behalf of a company, then the digital wallet used to accept the NFT will be
registered to the company or the company will hold its title. In the event it is necessary for the seller to
transfer the NFT to you, you agree that we may provide your digital wallet information to the seller in order
to execute the transfer.
(c) If you have purchased a lot, including digital art, for which title is passed via NFT, you represent that the
digital wallet or wallet service provider to which Christie’s will transfer the NFT, is not owned by or
associated with (i) a citizen or resident of, or located in, a geographic area that is the target of sanctions or
embargoes imposed by the European Union, the United Kingdom, the United Nations or the United States or
(ii) an individual, or an individual employed by or associated with an entity, identified on the US Department
of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated
Nationals or Blocked Persons Lists, or the US Department of State’s Debarred Parties List, or similar lists
promulgated by the government of the European Union, the United Kingdom, or the United Nations.
4. Transferring risk to you
(a) The risk in and responsibility for the lot will transfer to you from whichever is the earliest of the following:
(i) when the lot comes into your physical possession or that of any person or carrier you authorise to take
possession of the lot;
(ii) when you collect the lot if collection is permitted (the Sale Particulars will stateif collection is allowed); or
(iii) in the case of a lot for which title is passed by NFT, when Christie’s has sent the NFT to the digital wallet
that you have specified.
(b) The lot is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase
of the lot and you are responsible for insuring the lot against loss or damage until it is returned tous.
(c) For a lot for which title is passed by NFT, you are responsible for implementing reasonable measures for
securing the wallet or other storage mechanism you use to receive and hold the NFT, including any requisite
private key(s) or other credentials necessary to access such storage mechanism(s), and further specifically
acknowledge that the risk of acquiring, transferring, creating, holding or using NFT or your wallet rests
entirely with you. If your private key(s) or other access credentials are lost, you may lose access to your NFT.
We are not responsible for any such losses.
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5. What happens if you do not pay
(a) If you fail to pay us the purchase price in full by the due date and in the manner specified in F1, we will be
entitled to do one or more of the following (as well as enforcing our right under paragraph F6 and any other rights
or remedies we have by law):
(i) We can charge you interest from the due date at a rate of 5% a year above the UK Lloyds Bank base rate
from time to time on the unpaid amount due;
(ii) We can cancel the sale of the lot. If we do this, we may sell the lot again, publicly or privately on such
terms we shall think necessary or appropriate, in which case you must pay us any shortfall between the
purchase price and the proceeds from the resale. You must also pay all costs, expenses, losses, damages
and legal fees we have to pay or may suffer and any shortfall in the seller’s commission on the resale;
(iii) We can pay the seller an amount up to the net proceeds payable in respect of the amount bid by you in
which case you acknowledge and understand that Christie’s will have all of the rights of the seller to
pursue you for such amounts;
(iv) We can hold you legally responsible for the purchase price and may begin legal proceedings to recover it
together with any late-payment interest, legal fees and costs as far as we are allowed by law;
(v) We can take what you owe us from any amounts which we or any company in the Christie’s Group may
owe you (including any deposit or other part-payment which you have paid to us);
(vi) We can at our sole option reveal your identity and contact details to the seller;
(vii) We can reject at any future sale any bids made by or on behalf of you or to obtain a deposit from you
before accepting your bids;
(viii) We can exercise all the rights and remedies of a person holding security over any property in our possession
owned by you, whether by way of pledge, security interest or in any other way as permitted by the law of
the place where such property is located. You will be deemed to have granted such security to us and we
may retain such property as collateral security for your obligations to us; and
(ix) We can take any other action we see necessary or appropriate.
(b) If you owe money to us or to another Christie’s Group company, as well as the rights set out above, we can
use any amount you do pay, including any deposit or other partial-payment you have made to us, or which we
owe you, to pay off any amount you owe to us or another Christie’s Group company for anytransaction.
(c) If you make payment in full after the due date and we choose in our sole discretion to accept such payment, we
may charge you additional storage costs in accordance with paragraph F7below.
6. Keeping your Property
If you owe money to us or to another Christie’s Group company, as well as the rights set out in paragraph F5 above,
we can use or deal with any of your property we hold or which is held by another Christie’s Group company in any
way we are allowed to by law. We will only release this property to you after you pay us or the relevant Christie’s
Group company in full for what you owe. However, if we choose, we can also sell your property in any way we think
appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left
from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from
the sale and the amount you owe us.
7. Storage
(a) Provided that your purchased lots are paid for in full and clear funds by the payment deadline, Christie’s will
store your purchased lots free of charge until shipment, at which time the purchases will be shipped at your
expense in accordance with paragraph G below.
(b) Christie’s reserves the right in its sole discretion to either ship your lot to you at your expense or charge storage
fees on non-collected property following 90 days of receipt of payment by Christie’s if: (i) full and clear payment
for your purchases has not been made in funds cleared by the payment deadline; (ii) we have permitted payment
of your lot after the due date; or (iii) collection of your lot is permitted and you do not collect it within the period
agreed.
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(c) Please note that if collection of your lot is permitted and you fail to collect it within the period agreed by us, we
reserve the right to move your lot to one of our other storage facilities.
G. TRANSPORT AND SHIPPING
1. Transport and Shipping
(a) If you choose to have Christie’s arrange the shipping of your lot, then unless otherwise explicitly agreed by us
or unless the lot purchased by you requires a special permit such as a CITES permit (in which case shipment may
be delayed), we will endeavor to ship your lot to the delivery address you provide at registration no later than 30
days from receipt of full and clear payment for your lot and the shipping charges.
(b) You must ensure that you provide a valid delivery address at registration for all lots 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 P.O. boxes. Our shipping partners will only operate a curbside/ground floor delivery, unless otherwise agreed with you. You are responsible for paying any shipping charges
if the lot is returned to the seller/Christie’s 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 lot, Christie’s 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 lots. 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.
(c) Subject to paragraph G5 below, Christie’s will obtain any special permits required for the export or import of
the product and is the “Exporter of Record”. As the recipient of the package, you are the “Importer of Record”
and you must appoint a shipper as your agent to manage all import and customs clearance procedures and to
ensure that customs duties and taxes are paid to the relevant customs and tax authorities in your country.
(d) Our shipping partners may contact you directly with communications necessary to deliver your lot or to make
arrangements for pick-up if you need to return alot.
(e) Shipping is currently not possible to Cuba, Iran, North Korea, Sudan or Syria and any other country subject to
US or international embargoes. In addition, shipping to certain countries such as Mainland China and India will
require a bespoke shipping service. If the country you wish to ship to is unavailable or if you have questions
generally about international shipping, click here.
(f) For lots being exported from the US, you expressly agree not to divert, reship or forward any part of a shipment:
(i) 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 (ii) 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.
(g) If you have any questions about international shipping in general, or about a specific shipment of Christie’s
products, please contact Christie’s Client Services.
(h) If you choose to collect your purchase(s) in person from Christie’s, you should email Christie’s Client Services
beforehand to schedule your collection at least 48 hours in advance and secure any relevant forms. Payment must
be made online prior to collection. If you wish to send someone to collect your purchase(s) on your behalf, you
will need to complete a Letter of Authorization and send it to Christie’s Client Services prior to collection. Your
representative will be required to present a valid picture ID at the time of collection, such as a driver’s license or
passport.
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2. Customs Duty andTax
(a) Customs duty and import tax are specific to a particular country. Customs authorities in each country calculate
duty and tax based on a number of factors, including:
(i) the category in which the lot is classified in the international Harmonized Code (HS) system;
(ii) the value of the lot (the price you paid);
(iii) for most countries, duty is calculated on a “CIF” basis (meaning Cost, Insurance and Freight), so
the shipping charge you pay will also be factored in to the calculation of the duty you will pay.
(b) 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 facilitateshipment.
3. Delivery Times
Where required, your purchases will be shipped via international air. 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. Shipments can be delivered directly to most addresses, however in certain
remote areas you may need to pick up your package from the closest service point of our nominated shipping
partner.
4. Loss or Damage during Shipment
(a) 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 lot, contact Christie’sClient Services.
(b) 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 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost. To
make a claim, contact Christie’s ClientServices.
5. Limitations to Export and Import
(a) Import/export licenses or other permits. Certain lots 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 lot or may prevent you selling a lot in the country you import it into. Unless
otherwise agreed by usin writing, the fact that youmay 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 on the payment due date 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 a delay in making full payment for the lot, and we shall not be obliged to refund 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 lots 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 lot.
(b) You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which
apply to exporting or importing any lot prior to bidding or for Buy-Now lots, 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 lot. 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 ClientServices.
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(c) You alone are responsible for any applicable taxes, tariffs or other government-imposed charges relating to the
export or import of the lot. If Christie’s exports or imports the lot 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.
(d) Lots made of protected species. Lots 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, crocodile, alligator and ostrich skins. You should check the relevant customs laws and regulations
before bidding on or for Buy-Now lots, prior to purchasing any lot containing wildlife material if you plan to
import the lot into another country. Several countries refuse to allow you to import property containing these
materials, and some other countries require a licence from the relevant regulatory agencies in the countries of
exportation as well as importation. In some cases, the lot 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 purchase price if your lot 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.
(e) Property of Iranian origin. Some countries prohibit or restrict the purchase and/or import of Iranian-origin
"works of conventional craftsmanship" (works that are not by a recognized artist and/or that have a function,
for example: bowls, ewers, tiles, ornamental boxes). For example, the US prohibits the import of this type of
property and its purchase by US persons (wherever located). Other countries, such as Canada, only permit the
import of this property in certain circumstances. As a convenience to our buyers, Christie's indicates under the
title of a lot if the lot originates from Iran (Persia). It is your responsibility to ensure you do not bid on or import a
lot in contravention of the sanctions or trade embargoes that apply to you.
(f) Gold. Gold of less than 18ct does not qualify in all countries as ‘gold’ and may be refused import into those
countries as ‘gold’.
(g) Watches. 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 lots 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 sale site. At some sale sites, Christie's
may, at its discretion, make the displayed endangered species strap available to the buyer of the lot free of charge
if collected in person from the sale site within one (1) year of the date of the sale. Please check with the department
for details on a particular lot.
(h) Handbags. Where used in an online-only sale, the term “hardware” refers to the metallic parts of the handbag,
such as the buckle hardware, base studs, lock and keys and/or strap, which are plated with a coloured finish (e.g.
gold, silver, palladium). The terms “Gold Hardware”, “Silver Hardware”, “Palladium Hardware” etc. refer to the
tone or color of the hardware and not the actual material used. If the handbag incorporates solid metal hardware
this will be referenced in the Sale Particulars.
(i) Please note that lots are marked with a symbol as a convenience to you, but we do not accept liability for errors
or for failing to marklots.
H. OTHER IMPORTANT TERMS
1. Our Liability to you
(a) We give no warranty in relation to any statement made, or information given, by us or by our representatives or
employees about any lot 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.
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(b) We:
(i) are not responsible to you for any reason (whether for breaking these Conditions of Sale or any other
matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent
misrepresentation by us or other than as expressly set out in these Conditions of Sale; or
(ii) do not give any representation, warranty or guarantee or assume any liability of any kind in respect of
any lot 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.
(c) Please be aware that our absentee bidding service (as set out in paragraph C4), condition reports, and currency
converter are free services and we are not responsible to you for any error (human or otherwise), omission or
breakdown in these services.
(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, we shall
not have to pay more than the purchase 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.
2. Events outside the control of Christie’s or theSeller
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, war,
armed conflict, terrorist attack and nuclear and chemical contamination.
3. 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 lot if (i)
any of your warranties in paragraph E3 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 ourreputation.
4. Copyright
We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including
the contents of our Sale Particulars). You cannot use them without our prior written permission. We do not offer any
guarantee that you will gain any copyright or other reproduction rights to the lot.
5. 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.
6. Transferring your Rights andResponsibilities
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.
7. 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.
8. Personal information, Privacy and Data Protection
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(a) 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.
(b) 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, the price you pay for the lot(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 lots 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.
(c) Card and other payment information is collected and processed directly by a third party service provider
(“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 Cardinformation
- Total transactionvalue
- Your IP Address from which you are checking outfrom
(d) Christie’s does not have accessto, or retain any credit card or other payment information details.
9. 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.
10. 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 lot shall be governed by and enforced pursuant to 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, except in the circumstances
specified below, the Dispute shall be submitted for binding arbitration administered by ICDR in accordance with its
International Arbitration Rules. The arbitration shall be conducted by one arbitrator, who shall be appointed within 30
days after the initiation of the arbitration. 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
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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. The arbitration and any proceedings
conducted hereunder shall be governed by applicable New York law, Title 9 (Arbitration) of the United States Code and
by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958
(the “Convention”). 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. 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.
I. GLOSSARY
auctioneer: the individual auctioneer and/or Christie’s.
authentic: a genuine example, rather than a copy or forgery of:
(i) The work of a particular artist, author or manufacturer, if the lot is described in the title description (and not
Qualified) as the work of that artist, author or manufacturer;
(ii) A work created within a particular period or culture, if the lot is described in the title description (and not
Qualified) as a work created during that period or culture;
(iii) A work of a particular origin or source if the lot is described in the title description (and not Qualified) as
being of that origin or source; or
(iv) In the case of gems, a work which is made of a particular material, if the lot is described in UPPERCASE
type as being made of that material.
authenticity warranty: the guarantee we give in these Conditions of Sale that a lot is authentic as set out in
paragraph E2 of these Conditions of Sale.
Authorised User: an individual authorized to execute transactions on behalf of an entity which has a registered
transactional account.
Buy-Now: a facility which we may provide either for you to buy a lot during the course of an auction or until a fixed
time, or for you to buy a lot which is not offered for sale as part of an auction, in either case at a fixed price.
Buy-Now price: the fixed price at which property may be offered for sale using the Buy-Now facility.
buyer’s premium: the charge the buyer pays us along with the hammer price.
Christie’s: means Christie’s Inc., which is offering to sell a lot either as agent for the seller or as the owner of the lot.
Christie’s Group: Christie’s International Plc, its subsidiaries and other companies within its corporate group.
condition: the physical condition of a lot.
Conditions of Sale: the Conditions of Sale set out above; Important Information, our Explanation of Cataloguing
Practice; the explanation of symbols used in the Sale Particulars; and the explanation of the application of VAT or
other similar applicable sales taxes.
digital wallet: a device, program or service which stores the public and/or private keys for digital asset transactions
due date: has the meaning given to it paragraph F1(a).
estimate:the price range included in the Sale Particulars within which we believe a lot may sell; low estimate means
the lower figure in the range and high estimate means the higher figure; the mid-estimate is the midpoint between the
two.
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hammer price: the amount of the highest bid for the sale of a lot via auction.
Heading: has the meaning given to it in paragraph E2.
lot: an item to be offered for sale at an online auction or Buy-Now sale (or two or more items to be offered at auction or
Buy-Now sale as a group).
lot description: the description of a lot in the Sale Particulars for the sale, as amended by any notice given to you
during the auction or Buy-Now sale.
NFT: a unique non-fungible token encrypted with an artist’s signature that confers to the holder of the NFT an
ownership right to the corresponding lot, which is a work of digital art that may be identified on the blockchain
effectively verifying the rightful owner and authenticity of an original digital artwork.
online-only sale: a sale of a lot which is conducted solely by means of Christie’s online-only service sale platform,
including any Buy-Now sales.
online-only service: a platform and associated technical services accessible solely by online means which enables you
to bid for and buy lots through an auction or by using Buy-Now.
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
provenance: the ownership history of a lot.
purchase price: has the meaning given to it in paragraph F1(b).
Qualified: has the meaning given to it in paragraph E2 and Qualified title descriptions means the paragraph headed
Qualified title descriptions on the page of the Sale Particulars headed “Important Notices and Explanation of
Cataloguing Practice”.
reserve: the confidential amount below which we will not sell a lot.
Sale Particulars: the lot information (the online description of the lot or lots offered for sale together with other
information on the sale website relating to a lot and the conduct of the sale); lot notes; payment information; any onscreen notices displayed as part of a sale; the FAQs and any Special Conditions of Sale which apply to any lot or
group of lots offered for sale at the same time.
seller: the owner of a lot; 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 E2.
UPPERCASE type: means having all capital letters.
warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.