1.3 Please also take the time to read the following documents which are in addition to your use of our Site:
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
2.3 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.
3.1 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.
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
5.2 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.
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
10.2 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.
11.3 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.