Terms of Use

Last Updated: January 2024

Welcome to worldsoth.auction ("the Platform"), operated by SotheWorld ("we", "us", "our", or "Sothebys"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you") and Sothebys. By accessing, browsing, or using the Platform in any manner, including but not limited to viewing auction listings, registering for an account, placing bids, or conducting any transaction, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

Your access to and use of the Platform constitutes your acceptance of and agreement to be bound by these Terms. If you do not agree to abide by these Terms, please do not use the Platform. Sothebys reserves the right to modify, amend, or update these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any modification of the Terms, your sole remedy is to cease using the Platform.

2. Description of Services

Sothebys operates an online auction platform ("the Service") that facilitates the buying and selling of fine art, antiques, collectibles, and other items ("Lots"). The Platform serves as a marketplace where sellers may list items for auction and potential buyers may place bids. Sothebys acts as an intermediary facilitating transactions between buyers and sellers. Sothebys does not own, hold, or possess any Lots offered for sale on the Platform.

Services provided through the Platform include, but are not limited to:

• Creating and managing user accounts
• Listing and cataloguing Lots
• Facilitating bidding and auction processes
• Processing payments and managing transactions
• Providing customer support and dispute resolution
• Delivering auction results and related communications
• Storing and displaying images, descriptions, and condition reports of Lots

3. User Eligibility and Registration

By using the Platform, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• You have the legal capacity to enter into binding contracts
• You are not prohibited by law from using the Platform or engaging in auction transactions
• You are not a resident of or located in any jurisdiction with which Sothebys is prohibited from conducting business
• All information provided in your account registration is accurate, complete, and truthful
• You have not been previously suspended or terminated from the Platform

To register an account, you must provide certain personal information including your name, email address, postal address, and payment information. You agree to maintain the confidentiality of your account credentials and are responsible for all activity that occurs under your account. You agree to immediately notify Sothebys of any unauthorized access to your account. Sothebys is not responsible for any loss or damage resulting from your failure to maintain account security.

4. User Responsibilities and Acceptable Use

As a user of the Platform, you agree to use the Service only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You specifically agree that you will not:

• Violate any applicable local, national, or international law, statute, ordinance, or regulation
• Infringe upon or violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of third parties
• Transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable material
• Engage in harassment, bullying, discrimination, or hate speech of any kind
• Impersonate or attempt to impersonate any person or entity
• Attempt to gain unauthorized access to the Platform, user accounts, or computer systems connected to the Platform
• Engage in any form of fraud, misrepresentation, or deception in connection with listings, bids, or transactions
• Place bids with no intention of completing the purchase or with intent to artificially inflate prices
• Use automated tools, bots, scrapers, or other technology to access the Platform or extract data without authorization
• Circumvent, disable, or interfere with any security features or protective measures on the Platform
• Engage in money laundering, terrorism financing, or other financial crimes
• Attempt to manipulate auction results or engage in collusive bidding practices
• Use the Platform to sell items that are illegal, counterfeit, stolen, or otherwise prohibited
• Upload or transmit any malware, viruses, or other harmful code
• Spam, flood, or otherwise disrupt the normal operation of the Platform

5. Intellectual Property Rights

Platform Content: All content on the Platform, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof ("Platform Content"), is the exclusive property of Sothebys or its content providers and is protected by international copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Platform Content solely for your personal, non-commercial use in connection with browsing the Platform.

User Content: If you submit, upload, or transmit any content to the Platform, including account information, photographs, descriptions, communications, or any other material ("User Content"), you retain ownership of your User Content. However, by submitting User Content to the Platform, you grant Sothebys a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, distribute, modify, and create derivative works based on your User Content in connection with operating the Platform and providing the Service. You represent and warrant that you own or have obtained all necessary rights to grant this license.

Prohibited Use: You may not modify, reproduce, distribute, display, or transmit any Platform Content without the prior written consent of Sothebys. You may not use the Platform Content in any manner that could damage, disable, overburden, or impair the Platform or servers or networks connected to the Platform. You may not attempt to gain unauthorized access to any portion or feature of the Platform, nor may you circumvent any security measures protecting the Platform.

6. Auction Process and Transaction Terms

Lot Listings: Sothebys provides detailed descriptions, condition reports, and photographic documentation of Lots to the best of its knowledge. However, photographs and descriptions are subject to limitations of digital reproduction and written communication. Prospective bidders are encouraged to review all available documentation, condition reports, and provenance information before placing bids. Sothebys strongly recommends that bidders examine Lots in person when possible or request additional condition information prior to bidding.

Bidding Process: By placing a bid on any Lot, you enter into a binding contract to purchase that Lot if your bid is the highest bid at the close of the auction. Bids cannot be withdrawn except at Sothebys's sole discretion. Sothebys reserves the right to decline any bid that it believes is not made in good faith. Bids placed within the final minutes of an auction may result in automatic time extensions to ensure fair bidding. All times displayed on the Platform are in European Central Time (CET).

Reserve Prices: Certain Lots may be offered with a reserve price, which is the minimum price the seller has determined to accept. If the highest bid does not meet the reserve price, the Lot is not sold. In some cases, Sothebys may accept an offer below the reserve price at its sole discretion.

Buyer's Premium: In addition to the hammer price (the final bid amount), successful buyers are responsible for paying a buyer's premium of [percentage to be specified by Sothebys] of the hammer price. The buyer's premium is due and payable as part of the purchase price.

Payment Terms: Payment for purchased Lots must be made in full within [number] days of the close of the auction. Sothebys accepts payment via bank transfer, credit card, and other methods specified on the Platform. Sothebys reserves the right to cancel any transaction and forfeit payment if payment is not received within the specified timeframe. Late payment may result in additional fees, storage charges, and suspension of future bidding privileges.

7. Warranties Disclaimer

THE PLATFORM AND ALL SERVICES, CONTENT, AND LOTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Sothebys DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF INFORMATION ON THE PLATFORM
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM IS FREE FROM VIRUSES OR HARMFUL CODE
• WARRANTIES REGARDING THE AUTHENTICITY, CONDITION, PROVENANCE, LEGALITY, OR VALUE OF ANY LOT

The condition of Lots, their authenticity, legality of sale, and estimated values are matters of subjective opinion and aesthetic judgment. Sothebys does not guarantee the accuracy of catalogue descriptions, estimates, or condition reports. Purchasers assume all risk regarding the condition and authenticity of Lots upon completion of purchase.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE EUROPEAN LAW, IN NO EVENT SHALL Sothebys, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• BUSINESS INTERRUPTION OR LOSS OF USE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA
• DAMAGES ARISING FROM VIRUSES, MALWARE, OR OTHER HARMFUL CODE
• DAMAGES ARISING FROM ACTIONS OF THIRD PARTIES OR OTHER USERS

EXCEPT WHERE PROHIBITED BY LAW, Sothebys'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO Sothebys IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) €100 (ONE HUNDRED EUROS).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, Sothebys'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless Sothebys, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or resulting from:

• Your breach of these Terms or any applicable law or regulation
• Your use of the Platform or the Service
• Your User Content or intellectual property infringement claims related to your User Content
• Your violation of the rights of any third party
• Your misrepresentation of the authenticity, condition, or legality of any Lot
• Disputes between you and other users of the Platform

Sothebys reserves the right to assume the exclusive defense and control of any indemnified claim, in which case you agree to cooperate fully in the defense of the claim at your own expense.

10. Intellectual Property Infringement Claims

If you believe that any content on the Platform infringes your intellectual property rights, you may submit a notice of infringement to Sothebys at [email protected]. Your notice must include:

• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of the material on the Platform that you claim infringes your rights
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that the use is not authorized
• Your physical or electronic signature
• A statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright or intellectual property holder

Sothebys will investigate claims of intellectual property infringement and take appropriate action, which may include removing content or suspending user accounts.

11. Privacy and Data Protection

Your use of the Platform is governed by Sothebys's Privacy Policy, which is incorporated by reference into these Terms. Sothebys complies with the General Data Protection Regulation (GDPR) and other applicable European data protection laws. Please review the Privacy Policy for information regarding how Sothebys collects, uses, and protects your personal data. By using the Platform, you consent to Sothebys's collection and use of personal information as described in the Privacy Policy.

12. Governing Law and Jurisdiction

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the European Union and the jurisdiction where Sothebys is registered, without regard to its conflict of law provisions. The choice of law does not deprive you of any protection afforded to you by provisions of law that cannot be waived by agreement.

You agree that the courts located in the jurisdiction where Sothebys is registered shall have exclusive jurisdiction to hear and resolve any disputes arising out of or relating to these Terms, the Platform, or your use thereof. However, Sothebys may bring proceedings against you in any court of competent jurisdiction.

13. Dispute Resolution and Alternative Resolution Mechanisms

Negotiation: Before initiating formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation. Any party seeking to resolve a dispute shall provide written notice to the other party setting forth the nature of the dispute, the relief sought, and the proposed resolution.

Mediation: If negotiation does not resolve the dispute within thirty (30) days, either party may initiate mediation by requesting that the other party participate in mediation before an independent mediator. The parties shall jointly select a mediator and share the costs of mediation equally. The mediation shall take place in the jurisdiction where Sothebys is registered, unless the parties agree otherwise.

Arbitration: If mediation does not resolve the dispute within sixty (60) days of the mediation request, either party may submit the dispute to binding arbitration administered by [appropriate European arbitration body]. The arbitration shall be conducted in accordance with the rules of the arbitration body and applicable European law. The arbitrator shall render a written decision within one hundred twenty (120) days of the submission of the dispute. The arbitration shall take place in the jurisdiction where Sothebys is registered, unless the parties agree otherwise. The costs of arbitration shall be shared equally by the parties unless the arbitrator determines otherwise.

Legal Action: Notwithstanding the above, either party may bring legal action in the courts of competent jurisdiction to seek injunctive relief or other equitable remedies to prevent irreparable harm.

14. Modification and Termination

Termination by User: You may terminate your account at any time by submitting a request to [email protected]. Upon termination, Sothebys will cease providing Services to you, although certain provisions of these Terms will survive termination.

Termination by Sothebys: Sothebys may suspend or terminate your account and access to the Platform at any time, with or without cause, at its sole discretion. Sothebys may terminate your account if:

• You violate any provision of these Terms
• You engage in fraudulent, illegal, or unethical conduct
• You fail to pay for purchases within the specified timeframe
• You violate applicable laws or regulations
• Sothebys determines that continued provision of Services would violate law or harm Sothebys's operations

Effect of Termination: Upon termination, your right to access and use the Platform ceases immediately. Sothebys may delete or retain your account information and User Content in its sole discretion. Sections that are intended to survive termination, including but not limited to limitations of liability, indemnification, intellectual property provisions, and governing law, shall continue in full force and effect.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government action, labor strikes, or other unforeseeable circumstances ("Force Majeure Event"). Sothebys shall use reasonable efforts to resume performance of its obligations as soon as practicable following a Force Majeure Event. If a Force Majeure Event prevents Sothebys from providing Services for more than thirty (30) consecutive days, either party may terminate these Terms by providing written notice.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The parties intend that if any provision is held invalid, the court shall modify the provision to the minimum extent necessary to make it enforceable while preserving the intent of the parties.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or notices published on the Platform, constitute the entire agreement between you and Sothebys regarding your use of the Platform and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral. No course of dealing or performance, trade usage, or course of conduct shall be effective to modify these Terms unless expressly agreed to in writing by an authorized representative of Sothebys.

18. Waiver

No waiver of any provision of these Terms by Sothebys shall be effective unless in writing and signed by an authorized representative of Sothebys. The failure of Sothebys to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. A single or partial exercise of any right or remedy shall not preclude any further exercise of that right or remedy or the exercise of any other right or remedy.

19. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Sothebys. Any attempted assignment without such consent shall be void. Sothebys may assign, transfer, or delegate its rights and obligations under these Terms to any affiliate, subsidiary, or successor without notice to you. Your continued use of the Platform following any such assignment constitutes your acceptance of the assignment.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, the Platform, or your use of the Service, please contact Sothebys at:

Acknowledgment: By clicking the "I Agree" button, checking a box indicating your acceptance, or continuing to use the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree to these Terms, please discontinue your use of the Platform immediately.