Page 296 - Sotheby's Chinese Art and Porcelain Auction New York September 12, 2018

13."Governing Law and Jurisdiction These Please be aware that Sotheby’s may Þ lm return the Lot to Sotheby’s at the original
Conditions of Sale and Terms of Guarantee, auctions or other activities on Sotheby’s selling location in the same condition as at 3."The next bidding increment is shown
as well as bidders’, the purchaser’s and premises and that such recordings may be the date of sale to the original purchaser on the screen for your convenience. The
our respective rights and obligations transmitted over the Internet via Sotheby’s of record and be able to transfer good title auctioneer has discretion to vary bidding
hereunder, shall be governed by and website, the eBay website, the Invaluable to the Lot, free from any third party claims increments for bidders in the auction room
construed and enforced in accordance website and other Online Platforms. arising after the date of such sale. and on the telephones, but bidders using
with the laws of the State of New York. By Telephone bids may be recorded. Sotheby’s has discretion to waive any of Online Platforms may not be able to place
bidding at an auction, whether present in Under European data protection the above requirements. Sotheby’s may a bid in an amount other than a whole
person or by agent, order bid, telephone, laws, a client may object, by request require the original purchaser of record to bidding increment. All bidding for this sale
online or other means, all bidders including and free of charge, to the processing of obtain at the original purchaser of record’s will be in the domestic currency of the sale
the purchaser, shall be deemed to have their information for certain purposes, cost the reports of two independent and location, and online bidders will not be able
consented to the exclusive jurisdiction of including direct marketing, and may recognized experts in the Þ eld, mutually to see the currency conversion board that
the state courts of, and the federal courts access and rectify personal data relating acceptable to Sotheby’s and the original may be displayed in the auction room.
sitting in, the State of New York. All parties to them and may obtain more information purchaser of record. Sotheby’s shall
agree, however, that Sotheby’s shall retain about Sotheby’s data protection policies not be bound by any reports produced 4."The record of sale kept by Sotheby’s
the right to bring proceedings in a court by writing to Sotheby’s, 34-35 New by the original purchaser of record, and will be taken as absolute and Þ nal in all
other than the state and federal courts Bond Street, London W1A 2AA, or 1334 reserves the right to seek additional expert disputes. In the event of a discrepancy
sitting in the State of New York. York Avenue, New York, NY 10021, Attn: advice at its own expense. It is speciÞ cally between any online records or messages
Compliance, or emailing enquiries@ understood and agreed that the rescission provided to you and the record of sale kept
14."Packing and ShippingUWe are not sothebys.com. Sotheby’s use of of a sale and the refund of the original by Sotheby’s, the record of sale will govern.
responsible for the acts or omissions in our information collected about eBay users purchase price paid (the successful
packing or shipping of purchased lots or may di! er and is governed by the terms of hammer price, plus the buyer’s premium) 5."Online bidders are responsible for
of other carriers or packers of purchased the eBay Privacy Policy and Sotheby’s on is exclusive and in lieu of any other remedy making themselves aware of all salesroom
lots, whether or not recommended by us. eBay Live Auction Platform Privacy Policy, which might otherwise be available as notices and announcements. All saleroom
Packing and handling of purchased lots is which can be found on the Sotheby’s on a matter of law, or in equity. Sotheby’s notices will be read by the auctioneer at the
at the entire risk of the purchaser. eBay Live Auction Website. Sotheby’s use and the Consignor shall not be liable for beginning, where appropriate, or during the
of information collected about Invaluable any incidental or consequential damages sale prior to a relevant lot being o! ered for
15."Limitation of LiabilityUIn no event users may di! er and is governed by the incurred or claimed, including without sale. Sotheby’s recommends that online
will the aggregate liability of Sotheby’s and terms of the Invaluable Privacy Policy and limitation, loss of proÞ ts or interest. bidders log on at least ten minutes before
the consignor to a purchaser exceed the Sotheby’s on Invaluable Online Platform the scheduled start of the auction to ensure
purchase price actually paid. Privacy Policy, which can be found on that you have heard all announcements
the Sotheby’s on Invaluable Live Auction made by the auctioneer at the beginning
Website. ADDITIONAL TERMS AND of the sale.
16."Data ProtectionUSotheby’s will
use information provided by its clients CONDITIONS FOR LIVE ONLINE
BIDDING
(or which Sotheby’s otherwise obtains 6."Sotheby’s reserves the right to refuse
from eBay, Invaluable or other sources TERMS OF GUARANTEE The following terms and conditions or revoke permission to bid via Online
relating to its clients) for the provision of Platforms and to remove bidding privileges
(the “Online Terms”) provide important during a sale.
auction and other art-related services, loan As set forth below and in the Conditions information related to live online bidding
services, client administration, marketing of Sale, for all lots Sotheby’s guarantees
and otherwise to manage and operate that the authorship, period, culture or via BIDnow, eBay, Invaluable, and any other 7."Purchase information shown in the
Online Platform through which bidding is
its business, or as required by law, in origin (collectively, “Authorship”) of each “Account Activity” section of BIDnow, the
accordance with Sotheby’s Privacy Policy. lot in this catalogue is as set out in the made available (“Online Platforms”). “Purchase History” section of the “My
These Conditions are in addition to and
This will include information such as the BOLD or CAPITALIZED type heading in eBay” page on eBay and the “Account
client’s name and contact details, proof of the catalogue description of the lot, as subject to the same law and our standard Activity” section of the “My Invaluable”
terms and conditions of sale, including
identity, Þ nancial information, records of amended by oral or written salesroom page on Invaluable is provided for your
the client’s transactions, and preferences. notes or announcements. Purchasers the authenticity guarantee and any other convenience only. Successful bidders will
terms and are not intended in any way to
Some gathering of information about should refer to the Glossary of Terms, if any, be notiÞ ed and invoiced by Sotheby’s after
Sotheby’s clients will take place using for an explanation of the terminology used replace them. By participating in this sale the sale. In the event of any discrepancy
via any Online Platform, you acknowledge
technical means to identify their in the Bold or Capitalized type heading between any online purchase information
preferences in order to provide a higher and the extent of the Guarantee. Sotheby’s that you are bound by the Conditions of and the invoice sent to you by Sotheby’s
Sale applicable in the relevant sale and by
quality of service to them. Sotheby’s may makes no warranties whatsoever, whether following the respective sale, the invoice
also disclose the client information to other express or implied, with respect to any these additional Conditions. prevails. Terms and conditions for payment
Sotheby’s Companies and/or third parties material in the catalogue other than and collection of property remain the same
acting on their behalf to provide services that appearing in the Bold or Capitalized 1."The procedure for placing bids via Online regardless of how the winning bid was
Platforms is a one-step process; as soon
for these purposes. heading and subject to the exclusions submitted.
Sometimes, Sotheby’s may also below. as the “Bid Now” button is clicked, a bid is
disclose this information to carefully submitted. By placing a bid via any Online 8."Sotheby’s o! ers online bidding as a
In the event Sotheby’s in its reasonable Platform, you accept and agree that bids convenience to our clients. Sotheby’s will
selected third parties for their own opinion deems that the conditions of the submitted in this way are Þ nal and that
marketing purposes. If you do not wish not be responsible for any errors or failures
Guarantee have been satisÞ ed, it shall you will not under any circumstances be to execute bids placed via Online Platforms,
your details to be used for this purpose, refund to the original purchaser of record permitted to amend or retract your bid.
please email enquiries@sothebys.com. including, without limitation, errors or
the hammer price and applicable Buyer’s If a successful bid is sent to Sotheby’s failures caused by (i) a loss of connection
If the client provides Sotheby’s with
information that is deÞ ned by European Premium paid for the lot by the original from your computer, phone, tablet, or any to the internet or to the BIDnow, eBay,
purchaser of record. other device, you irrevocably agree to pay Invaluable or other Online Platform
data protection laws as “sensitive”, the the full purchase price, including buyer’s
client agrees that it may be used for the This Guarantee is provided for a period software by either Sotheby’s or the client;
premium and all applicable taxes and other (ii) a breakdown or problem with the
purposes set out above. of Þ ve (5) years from the date of the applicable charges.
In the course of these disclosures, relevant auction, is solely for the beneÞ t BIDnow, eBay, Invaluable or other Online
personal data collected in the European of the original purchaser of record at the 2."If you have the leading bid, it will be Platform software; or (iii) a breakdown or
Economic Area may be disclosed to auction and may not be transferred to problem with a client’s internet connection,
indicated on the screen with the statement mobile network or computer. Sotheby’s is
countries outside the European Economic any third party. To be able to claim under “Bid with you” (on BIDNow) or “You’re
Area. Although such countries may not this Guarantee of Authorship, the original not responsible for any failure to execute an
the highest bidder” (on eBay) or “Bid with online bid or for any errors or omissions in
have legislation that protects a client’s purchaser of record must: (i) notify you” (on Invaluable). If a bid is placed
personal information, Sotheby’s shall take Sotheby’s in writing within three (3) months connection therewith.
online simultaneously with a bid placed by
great care to keep such information secure of receiving any information that causes a bidder in the room or on the telephone
and in accordance with European data the original purchaser of record to question 9."Live online bidding via all Online
(a “ß oor” bid), the “ß oor” bid generally Platforms will be recorded.
protection principles. By agreeing to these the accuracy of the Bold or Capitalized type will take precedence; the auctioneer will
Conditions of Sale, the client is agreeing to heading, specifying the lot number, date
have the Þ nal discretion to determine the
such disclosure. of the auction at which it was purchased successful bidder or to reopen bidding.
and the reasons for such question; and (ii)
The auctioneer’s decision is Þ nal.
294 SOTHEBY’S CHINESE WORKS OF ART