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Curated Auctions Limited (“we”/“us”) is a company incorporated in Wales with company number 13551604 and having its registered office at 744 Sidcup Road, London, SE9 3NS, United Kingdom. Please read these Terms of Use carefully before using www.curatedauctions.co.uk (“Site”). This version of the Terms of Use was last updated on 24 January 2022.
1. Terms of Use
1.1 The Terms of Use apply to anyone who uses or accesses the Site (“you”), whether or not you register for an account on the Site, bid or purchase lots from us, consign lots to us for sale, or sign up for our newsletters. By using the Site, you confirm that you accept and agree to comply with these Terms of Use.
1.2 We may alter these Terms of Use from time to time. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time. If the changes are material, we will let you know by posting a notice on the Site before changes go into effect. If you have any questions about our Terms of Use or on how to use the Site, please contact us in writing at info@curatedauctions.co.uk orwrite to us at the above registered address.
1.3 Please also take the time to read the following documents which are in addition to your use of our Site:
a) Privacy Notice (which sets out the terms on how we process any personal information we collect from you) and our Cookie Policy (which sets out how we track your activity), both of which are available on the Site; and
b) Terms and Conditions for Sellers and Buyers (which govern our agreement with you if you consign lots to or purchase lots from us), both of which are available upon request.
2. Access to our Site
2.1 Access to the Site is free of charge. It is your responsibility to make the arrangements necessary in order to access the Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2.2 We may change, modify, suspend or discontinue the Site (or any part of it), or change the purpose around which the Site is based. In the event of a substantial change to the purpose of the Site, we shall amend our Terms of Use accordingly.
2.3 We do not warrant or represent that our Site or its Content (defined in clause 5.1 below) are available or are suitable for use outside the UK.
3. Valuation
3.1 We are pleased to offer provisional auction valuations free of charge for items which we consider appropriate for consignment to us for auction. We regret that we do not provide valuations for items which are of a type or value that is typically not sold in our auctions, or which we, acting in our absolute discretion, do not wish to offer at auction. We regret that due to a large number of communications we receive, we cannot respond to all requests and have no obligation to do so.
3.2 Any valuations that we provide are statements of opinion only and shall not be relied upon by you or any third party as a guarantee of the actual selling price. Whilst we try to give an accurate prediction based on the estimates that we would expect to publish if the item were consigned to us for auction, we reserve the right to amend our valuation if the circumstances change, including passage of time, change in market conditions or based on the results of comparable objects or following further research by us.
3.3 Our valuations are intended solely for the use of the owner of the property and only for the purpose of considering whether to consign the property to us. Our valuations may not be used by the owner for any other purpose, or by any third party for any purpose whatsoever, nor may they be published. We make no representations or warranties with respect to the item, its authenticity, attribution, condition, or otherwise and our valuation cannot be relied upon for any reason other than the purpose in accordance with these Terms of Use.
4. Account
4.1 While the general use of the Site does not require registration, you are required to register for an account to bid on lots, consign lots to us or to request a valuation. You warrant that the personal information which you are required to provide on registration is accurate and current in all respects. You are responsible for keeping the information you provide up to date.
4.2 You must keep your password or any other piece of information that is part of our security procedure safe and treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your password, you must promptly notify us in writing.
5. Intellectual property rights
5.1 All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, videos and images/ reproductions of lots, including but not limited to the structure, design, expression, arrangement, and coordination of such material (together the “Content”), on the Site is owned or licensed by or to us. All Content is protected by intellectual property rights, including copyright and trademarks. By using the Site, you acknowledge that we are the owner or licensee of all intellectual property rights for the Site and the Content. You acknowledge that the Site and the Content may only be used according to these Terms of Use. You acknowledge that the Site and all Content, relevant trade marks, and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. This does not prevent the normal access, viewing, and use of our Site for general information purposes. All intellectual property rights in the Site and the Content are hereby reserved and our moral rights are hereby asserted.
5.2 By bidding on a lot from us, you do not acquire any intellectual property rights in the Content relating to that lot on our Site (such as pictures or videos of the lot), and any unauthorised use of the Site or content may violate intellectual property laws, privacy laws, communications regulations, statutes and treaties.
5.3 If you breach these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
6. Acceptable usage of our Site
6.1 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site. You shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Site’s protections; use any robot, spider, scraper or other automated means to access the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; or insert any code or product or manipulate the Site in any way or use any data mining, data gathering or extraction method.
6.2 You may link to our Site, provided you do so in a way that is fair and lawful and you do not take unfair advantage of our reputation or attempt to damage it. You must not link to our Site in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).Your link should not use any logos or trade marks displayed on our Site without our express written permission. You must not frame or embed our Site on another website without our express written permission. We reserve the right to withdraw linking permission without notice. If you wish to make any use of the Content on the Site, please address your request to us in writing.
6.3 You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply and you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent.
7. Connectivity and Technical Issues
7.1 Whilst we try to ensure that the Site is accessible at all times, access may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be held liable if for any reason the Site is unavailable at any time or for any period. We also do not guarantee the speed, accuracy or quality of any content on the Site.
7.2 Some bidders or users of the Site may experience technical problems in bidding for a lot which are beyond our reasonable control such as firewalls, loss of internet connection or other technical issues with the bidding software that we use or their own device. Whilst we will endeavour to fix any technical problems that occur on the Site as quickly as possible, we will not be responsible to you for any errors or failures to execute bids, or for any errors or omissions in online bidding, including, without limitation, errors or failures caused by any loss of connection or faults with our bidding software or the Site.
7.3 We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any Content on it, or on any Site linked to it.
8. Links to other sites
8.1 The Site may contain hyperlinks to various websites and other resources provided by third parties with information outside of our control. These links are provided for your information only. No mention of any organisation, company or individual through a hyperlink shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part. We have no control over the content of those third-party websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them.
9. No Reliance on Information
9.1 While we endeavour to ensure that the information on the Site is correct, we cannot guarantee the accuracy and completeness of the Content on the Site. We may make changes to the Content on the Site, including the lots and estimates described on it, at any time without notice. The Content on the Site is not intended to amount to advice on which you should rely. We shall not be liable for any loss caused by your reliance on any Content on the Site. The Site and its Content is provided “as is” without any conditions, warranties or other terms of any kind.
9.2 Details of lots sold or advertised by us are subject to our Terms and Conditions for Buyers, together with the exclusions contain therein which also apply to any Content about the lots advertised on the Site.
9.3 The statements and opinions expressed in the Content on the Site by third parties (including industry experts), are the opinions of those individuals. They do not purport to reflect our own opinions.
10. Our Liability
10.1 Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation.
10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site and its Content, whether express or implied.
10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site; or use of or reliance on any Content displayed on our Site. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
11. Miscellaneous
11.1 If a court finds that any part of these Terms of Use is not valid, or is illegal or impossible to enforce, that part of these Terms of Use will be treated as being deleted, and the rest of these Terms of Use will not be affected.
11.2 Neither party shall be liable for total or partial failure to perform any of its obligations or duties under the Terms of Use to the extent that such failure arises in consequence of any force majeure event, industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts or government, war, acts of terrorism or any circumstances which are beyond their reasonable control.
11.3 Any notice to be given hereunder shall be in writing and sent to or delivered to our registered office or to the email addresses of the parties as notified. Any notice shall be sufficiently served either if delivered personally, sent by pre-paid first class post, or recorded delivery or registered post, registered airmail in the case of an address of service outside the United Kingdom or email. Any notice if posted shall be deemed to have been served at the time when in the ordinary course of post such notice would have been received and if delivered by hand shall take effect on delivery. Emails are deemed received on the day of receipt if during normal business hours in the recipient country, otherwise the next business day.
11.4 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
