VIP/Celebrity Antiques & Art Auction

1. Introduction 1.1 These terms and conditions shall govern your use of our website, including Auctions. 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or Auction services. 1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions. 1.4 You must be at least [18] years of age to use our website & Auction Services; by using our website & Auction Services or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age. 1.5 Our website uses cookies; by using our website and Auctions services or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy]. 2. Amendments, updates & editing of Terms & Conditions 2.1 Under certain circumstance, it may be necessary to update, edit, amend, delete and add Conditions as we see fit. 2.2 We can update, edit, amend, delete and add Conditions and any point. 2.3. By conducting business with us, you agree wholly agree to these Conditions 3. Licence to use website & services 3.1 You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) [stream audio and video files from our website]; and (e) [use [our website services] by means of a web browser], subject to the other provisions of these terms and conditions. 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. 3.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes. 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. 3.5 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website. 4. Acceptable use 4.1 You must not: (a) use our website/Auction listings in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website/Auction listings in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website/Auction listings to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent]; (e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]]; (f) [violate the directives set out in the robots.txt file & addtional_auction_conditions.txt for our website/Auction listings]; or (g) [use data collected from our website/Auction listings for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]. Any violation of this usage, could result in a sale/s being suspended until the relevant Authorities, or individual Private Lawyers, have fully conducted an investigation to assess any potential Criminality involved. 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading]. 5. Limited warranties 5.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website/Auction listings; (b) that the material on the website/Auction listings is up to date; or (c) that the website or any service on the website//Auction listings will remain available. 5.2 We reserve the right to discontinue or alter any or all of our website services/Auction listings, and to stop publishing our website/Auction listings, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website/Auctions services, or if we stop publishing the website/Auction listings. 5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website. 6. Limitations and exclusions of liability 6.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions: (a) are subject to Section 6.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions. 6.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 6.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 6.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 6.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage 6.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website/Auction listings or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). 7. Auction liabilities & Customer Satisfaction Warranty 7.1 All property is sold ?as is? without any representation or warranty of any kind by Labeouf?s or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry, on our website or other associated websites. 7.2 Neither the seller nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, 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. 7.3 All goods and items are guaranteed for a period of 5 years, from initial purchase. If during the FIVE year period of purhcase any item is considered not be authentic, or as described, this item will be considered for a refund under the following circumstances: a) The item is received, at any address of our choosing, in exactly the same condition sent. Failure of the item to be received in this condition, will result in a withdrawal of this guarantee. b) That the item has been considered not to be authentic(or as described) by an Expert we would consider to be applicable in the relevant field. c) The buyer must give written notice of claim to us within five years from the date of the auction. It is LaBeouf?s general policy, and LaBeouf?s shall have the right, to require the buyer to obtain the written opinions of two recognised experts in the field, mutually acceptable to LaBeouf?s and the buyer, before LaBeouf?s decides to allocate the refund. d) The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party. e) The buyer must return the lot to the LaBeouf?s saleroom, or an address stated, at cost to the Buyer. 7.3 The buyer?s sole and exclusive remedy against LaBeouf?s and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither LaBeouf?s nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits nor for interest. 7.4 The benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Christie?s when the lot was sold at auction. 8. Breaches of these terms and conditions 8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website/Auction listings; (c) permanently prohibit you from accessing our website; (d) [block computers using your IP address from accessing our website]; (e) [contact any or all of your internet service providers and request that they block your access to our website]; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) [suspend or delete your account on our website]. (h) with hold goods or services until any breach, or any potential criminal investigation has been concluded. 8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])]. 9. Severability 9.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 9.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 10. Privacy Agreement 10.1 No personal data collected, will be used by any Third Party or outside agent. 10.2 Equally, all communications, LaBeouf?s private personal and financial information remains the sole property of LaBeouf?s. 10.3 All communications, LaBeouf?s staff personal and financial information & third party private personal and financial information, is strictly confidential. 10.4 Any breach of information, will be considered a breach of contract & will also be subject to private and public prosecution and the various Domestic and International Data protection Laws. 10.5 These Terms & Conditions, contained herein, are therefore also part of a Confidentiality Agreement and an entrance of any transaction, is considered an agreement of these Confidential Terms. 11 Auction Services 11.1 There are additional Terms & Conditions regarding these services at: http://www.labeoufs.com/additional_terms.html