Page 132 - March 23, 2022 Sotheby's NYC Fine Chinese Works of Art

below, or to any damages suffered by to the Property while in our possession. and acknowledge that not all digital or other storage mechanism you use 12. CONSUMER CANCELLATION to the Buyer using the same method I/We* hereby give notice that I/We* consequential, indirect, incidental or
us as a result of breach of contract by We will only be liable for breakage or wallets can support storage of a non- to receive and/or hold the NFT. You (a) Timed Auction Cancellation of of payment as the Buyer used for the cancel [my/our online purchase of the punitive damages.
the Buyer; loss during transit. All packages must be fungible token, and that if your wallet further acknowledge that you are solely Purchase initial transaction, unless expressly following goods[*]][the provision of the (viii) With respect to Experiences, no
inspected upon receipt and breakage or does not support storage of the NFT responsible for any risks associated agreed otherwise. We will not charge following delivery services [*]],
(v) reject future bids from the Buyer or loss reported to us immediately upon purchased by you, you may lose access with the transferring, creating, holding, (i) If you are a “Consumer” (namely the Buyer any fee in connection with Sotheby’s Group Company, nor our and
render such bids subject to payment of delivery of the property. We will not to that NFT. You further understand storing, or use of NFTs or a digital wallet, a person acting for purposes that processing the reimbursement. Ordered on [*]/received on [*], their respective officers and employees,
a deposit; will be liable for any negligent act
refund any shipping charges, packing and acknowledge that if you fail to as applicable, including network failures are wholly or mainly outside of your Name of Consumer(s):
(vi) charge interest at the annual charges, or fees. provide us with an address for a digital or disruptions; corrupted wallet files; trade, business, craft or profession) (v) We will not reimburse the Buyer for Address of Consumer(s): or omission of any person or entity
any supplementary costs that arose if
providing any goods or services
percentage rate of 6% above the prime (iii) Following the auction, we will wallet that is capable of supporting viruses, phishing, bruteforcing, hacking, who habitually resides in the European you chose a type of delivery other than arising out of or in connection with
rate from the date on which payment is provide the Buyer with the invoice, and accepting the NFT within five (5) security breaches, mining attacks, or Union or United Kingdom and the the least expensive type of standard Signature of Consumer(s) [only if the the fulfillment of an Experience or the
due to the date the Purchase Price and business days of the conclusion of the other means of attack against the NFT; Seller is a “Trader” (namely a Seller notification is in hard copy]
relevant Buyer›s Expenses are received which may include a shipping quote auction, we may, in our sole discretion, risk of losing access to the NFT due to acting for purposes relating to their delivery offered by us or any import Date: Buyer’s participation in the Experience,
duties you incur as a result of you
or for any claims, causes of action,
outlining the Buyer’s shipping costs
in cleared funds (both before and after (the “Buyer’s Shipping Quote”). For treat the NFT as transferred to you for loss of private key(s); custodial or buyer trade, business, craft or profession, returning the Lot to us. We are entitled liabilities, damages, losses, or expenses
judgement); purposes of Condition 11(a)(iii), treat error; regulatory interference in one whether acting personally or through [*] Delete as appropriate
international Buyers, the Buyer’s to deduct from the reimbursement (including but not limited to reasonable
(vii) exercise a lien over any of Shipping Quote will be exclusive of any the NFT Lot as a Lot for which the Buyer or more jurisdictions; token taxation; another person acting in the trader’s the amount of any loss in value of 13. EXCLUSIONS AND LIMITATIONS attorneys’ fees) arising out of or in
the Buyer’s property that is in the taxes or duties, and you acknowledge has failed to pay in full for purposes of personal information disclosure; name or on the trader’s behalf), then the Lot that is caused as a result of OF LIABILITY connection with the Buyer’s interaction
Condition 9, and hold you responsible
uninsured losses; failure to provide
you have the right to cancel your online
possession of a Sotheby’s Group and agree that it is your responsibility for all resulting third-party fees appropriate maintenance (including purchase of goods (except for goods unnecessary handling by you. (a) Generally with the Seller or any third party in
Company, in which case we will inform to ascertain and pay all international that are personalized or made to the (vi) If you exercise a Consumer connection with an Experience.
the Buyer of the exercise of any such duties, custom charges, taxes, charges (including, without limitation, custodial without limitation hosting); and other (i) Neither we nor the Seller will be liable
lien, and we may thereafter arrange and tariffs owed to the appropriate fees, insurance, network fees, taxes, unanticipated risks. Neither we nor the Buyer’s specifications) (the “Consumer Cancellation Right pursuant to for errors or omissions in the glossary of (ix) Without prejudice to Conditions
Cancellation Right”) for any reason
this Condition 12 and you paid any
13(a)(i)-(viii), our liability to you under
Seller will not be responsible for any
transfer fees, etc.).
the sale of such property and apply the government entity or that otherwise such risks or losses. during the period of 14 calendar days amount(s) due using cryptocurrency, terms, if any, or the Catalogue or other this agreement for any claim relating to
proceeds to the amount outstanding; need to be paid prior to shipment (ii) We or the Seller will transfer the after you or your designated agent you understand and agree that we, at descriptions of the Lot, though if we a Lot will not exceed the amount of the
and/or delivery including any third- NFT to the digital wallet that you have (b) Once risk passes to the Buyer, discover a material error or omission in
(viii) resell the Lot at auction or by (other than the carrier) acquires our sole discretion, may refund you Purchase Price of the Lot, except in the
private sale, with estimates and party charges necessary to facilitate specified, after you have met the the Buyer irrevocably releases each physical possession of the Lot or, if the (1) the same amount(s) of the same such materials prior to the auction, we case of our willful misconduct or fraud,
conditions in Condition 8 herein. You
shipment. Once you have accepted the
will endeavor to provide a correction,
Sotheby’s Group Company, our and
reserves set at our discretion, and in Buyer’s Shipping Quote and we have agree that we may require you to follow their respective officers and employees, Lot is an NFT, after the date that you cryptocurrency that you paid to us; time permitting. or in the case of death or personal
the event such resale is for less than the have submitted payment but before we (2) the amount(s) in fiat currency injury caused by our negligent acts or
Purchase Price and Buyer›s Expenses received in full the Purchase Price, a security protocol to ensure that the agents, warehouses and the Seller, or the Seller have initiated the transfer that we invoiced to you; or (3) the fiat (ii) We reserve the right to withdraw any omissions.
for that Lot, the Buyer will remain liable Buyer’s Expenses and the amount NFT is safely received by you. We will from any and all claims, causes of of the NFT to the wallet specified by currency equivalent at the time the Lot before the conclusion of the sale (x) Without prejudice to Conditions
transfer the NFT to the wallet address
stated in the Buyer’s Shipping Quote by
action, liabilities, damages, losses, and
for the shortfall together with all costs the payment deadline, we will ship the specified by you and are not responsible expenses (including but not limited to you (the “Consumer Cancellation refund is made of the amount(s) of and will have no liability to you for such 13(a)(i)-(viii), the Seller’s liability to you
incurred in such resale; Period”). Once, however, we or the cryptocurrency that you paid. In no withdrawal. Regarding Experiences,
Lot to you to the address you provided for confirming that you have supplied us reasonable attorneys’ fees) for loss of or we reserve the right to withdraw any under this agreement for any claim
(ix) commence legal proceedings on your account following conclusion with the correct or a valid address, and damage to the Lot. Seller have initiated the transfer of circumstance will you be entitled to Experience before or after the sale, and relating to a Lot will not exceed the
receive any appreciation on the value of
the NFT to the wallet specified by you,
to recover the Purchase Price and of the sale contract between the Seller we are not responsible if the transfer of (c) Prior to the time when risk and you agree that you will no longer have the - that you provided to us as payment we will have no liability to you for such amount of the Purchase Price of the Lot,
Buyer›s Expenses for that Lot, or to and the Buyer. Purchased Lots cannot the NFT to your wallet fails unless such responsibility for a purchased Lot the right to cancel the sale under the in connection with a refund. withdrawal. except in the case of the Seller’s willful
claim damages for the Buyer’s breach be delivered to P.O. boxes, and we are failure is the result of us sending the misconduct or fraud, or in the case of
of contract, together with interest and unable to arrange delivery to those NFT to a wallet address other than the transfers to the Buyer, we assume terms of this Condition. To exercise the (b) Cancellation of Delivery Services (iii) We offer the Online Platforms as a death or personal injury caused by the
Consumer Cancellation Right in relation
liability for loss or damage to a Lot,
the costs of such proceedings on a full locations specified as excluded zones one provided by you. subject to the exclusions set out in the to a Lot, the Consumer must (1) notify (i) If you are a Consumer who habitually convenience to clients. The application Seller’s negligent acts or omissions.
indemnity basis; and in the shipping costs calculator that is 11. RISK AND RESPONSIBILITY FOR following subparagraph. In the event us of intention to cancel by a clear resides in the European Union or that enables participation via the Online (b) In addition to the terms set forth
(x) release the name and address of available on the Online Platform. If you LOTS of loss or damage for which we have statement (e.g. a letter sent by post, United Kingdom, then you have the Platforms is optimized for broadband in Condition 13(a) above and without
connectivity (DSL or cable modem).
the Buyer to the Seller to enable the request delivery of a Lot to any such (a) Risk and responsibility for a assumed liability, we will determine fax or email or you may use the model right to cancel the contract for any Broadband or other internet capacity limiting Condition 3(j) above in any way,
destination, we reserve the right to
Seller to commence legal proceedings require you to collect the Lot from us or the extent of depreciation to the Lot, if cancellation form provided in Condition delivery services in connection with constraints, corporate firewalls and NFTs shall be subject to the additional
to recover the amounts due and legal purchased Lot will transfer to the Buyer any, caused by the loss or damage and 12(c)) prior to the end of the Consumer your purchase of a Lot (the “Services other technical problems beyond terms in this Condition
costs, and in such case, we will take to arrange delivery of the Lot by a third- as follows: compensate the Buyer in respect of that Cancellation Period, and (2) for Lots Cancellation Right”) for any reason our reasonable control may create
reasonable steps to notify the Buyer party carrier. (i) for Lots in live auctions: on the loss up to a maximum of the Purchase that are not NFTs, return the Lot to us in during the period of 14 calendar days difficulties for some users including, 13(b).
prior to releasing such details to the (iv) If the Buyer pays the Purchase earlier of: (1) collection of the Lot, or Price paid by the Buyer for the Lot. the same condition as when you or your after the conclusion of the contract for example, in relation to accessing (i) You acknowledge and agree
Seller. Price and Buyer›s Expenses but fails to (2) the 31 calendar day after the sale, (d) We will not be liable for any loss representative received it, by no later for delivery services (the “Services an auction via the Online Platforms that NFTs are not issued, minted or
st
(b) In the event the Buyer fails to pay collect a Lot within 30 calendar days of or if applicable, the expiry of the time or damage (1) occurring during any than 14 calendar days after providing Cancellation Period”). and in maintaining continuity of such tokenized by us and we are solely acting
any or all of the Purchase Price for a the auction, we will store the Lot at the specified in the special sale information process undertaken by independent notice of intent to cancel. (ii) If you request us to begin access. Neither we nor the Seller will be as the NFT Seller’s agent to offer the
Buyer›s expense and risk at Sotheby›s
NFT for sale at the auction.
available on our website, except that
Lot and we elect to pay the Seller any or with a third party. Regarding contractors engaged with your (ii) You shall return the Lot or deliver performance of the delivery services liable to you for any failure to execute
portion or all of the sale proceeds, the risk and responsibility for wine or spirits consent, including but not limited to it to us at such address as we may during the Services Cancellation Period bids through our Online Platforms, (ii) We are only selling the ownership
Buyer acknowledges that we will have uncollected Lots from a Wine & Spirits casks will transfer to the Buyer upon for restoration, conservation, framing specify for the purpose, without undue and subsequently decide to exercise or errors or omissions in connection rights to the NFT and in no way are we
all of the rights that the Seller would auction, if a purchased Lot remains the fall of the hammer. For any Lots or cleaning; (2) caused to frames or to delay and in any event no later than 14 your right to cancel the provision therewith, including, without limitation, associated with or responsible for any
uncollected after 90 days, we may
stored by a third party and not available
otherwise have against the Buyer for send it to our wine warehouse, upon glass covering prints, paintings or other calendar days from the day after which of services during the Services errors or failures caused by (1) any loss resales or secondary market sales of
any such amount, whether at law, in for collection from our premises, flat works; or (3) caused by changes you notify us of your intention to cancel Cancellation Period, you shall pay of connection between you and our the NFT or the Referenced Content
equity, or under these Conditions of which time applicable state and local your provision to us of instructions in humidity or temperature (as long as your purchase of the Lot. This deadline us the amount in proportion to the Online Platforms; (2) a breakdown on or any iterations of the same. Any
Business for Buyers. sales tax will be charged. The Buyer authorizing the release to the Buyer we take reasonable care in handling is met if you send back the Lot before value of the services that have been or problem with our Online Platforms copyright(s) in and to the NFT and
hereby agrees to the Virtual Cellar shall constitute collection by the Buyer.
10. COLLECTION AND DELIVERY OF Terms of Use, Storage Terms of Use the Lot), normal wear and tear, gradual the period of 14 calendar days has performed by the time you exercise or other technical services; or (3) Referenced Content, including but not
limited to, any reproduction rights in
a breakdown or problem with your
deterioration or inherent vice or defect
expired. You must bear the direct costs
PURCHASES and Auto-Renewal Policy with regard to (ii) for Lots in Timed Auctions: (1) if we (including woodworm), war, any act of returning the Lot. If we arranged for your cancellation right. We will make internet connection, computer, mobile any Referenced Content, remain with
dispatch the Lot to the Buyer (using
any reimbursement due to you not later
the storage of such Lot(s), which can
(a) The provisions of this Condition be found at https://www.sothebyswine. the method of shipping the Buyer or acts of terrorism (as defined by our the Lot to be delivered, we estimate than 14 days after the date on which device or system. the creator(s) thereof, and the purchase
10(a) apply to all Lots except NFTs: specified for the Lot), when the Lot insurers), nuclear fission, radioactive that the cost of returning the Lot by the we are informed about your decision to of the NFT does not constitute an
com/ny/storage. (iv) We are not liable to you for any acts
(i) The Buyer is obliged to arrange comes into the physical possession of contamination, or chemical, bio- same means is likely to be similar to the cancel the services. We will make the or omissions in connection with the assignment thereof.
collection of purchased Lots no later (v) If a purchased Lot is not collected the Buyer or the Buyer’s designated chemical or electromagnetic weapons. cost of delivery, but it is not possible reimbursement to you using the same conduct of the auction or for any matter (iii) Transfer of ownership to an NFT will
If the Lot is an NFT, in addition to the
agent; or (2) if collection by the Buyer
within six months of the auction, the
method of payment as you used for
for us to be more accurate as to this
than 30 calendar days after the date Buyer authorizes us, having given above, we will not be liable for any loss cost due to the many variables involved the initial transaction, unless expressly relating to the sale of any Lot, other than not guarantee continuing access to the
of sale, or if applicable, within the notice to the Buyer, to arrange a resale is permitted, when the Buyer or the related to damage or corruption to the in our worldwide business model and as set out in the Authenticity Guarantee, Referenced Content to which it relates
time stipulated in the relevant sale Buyer’s designated agent collects the agreed otherwise. We will not charge or as may be required by applicable law. and you further acknowledge and agree
information available on our website. of the Lot by auction or private sale, Lot, except that risk and responsibility Referenced Content, failure of the NFT the means by which a return might be any fee in connection with processing to the risks associated with purchasing,
with estimates and reserves at our for wine or spirits casks will transfer to to reference the Referenced Content, or made. the reimbursement. (v) The Seller of any Lot is not liable
(ii) Except as set out in this Condition discretion. The proceeds of such sale, the Buyer upon the close of the Lot. As loss of, or other security or persistence (iii) If the foregoing conditions for (c) To exercise a Consumer or Services to you for any acts or omissions in using, transferring, and owning NFTs, as
applicable, including, but not limited to,
10(a)(ii), all packing and handling are less all costs incurred by us, will be a Buyer, you acknowledge that the Lot issues related to, the Referenced exercising the Consumer Cancellation connection with any matter relating telecommunications, network, server,
at the Buyer›s risk. We will not be liable forfeited unless collected by the Buyer is at your risk if you choose to exercise Content. Cancellation Right, you must notify us of to the sale of such Lot, other than a or blockchain failures, malfunctions,
for any acts or omissions of third-party within two years of the original auction. any right you may have to cancel the (e) Upon your receipt of payment from Right are met, we will reimburse the intention to cancel by a clear statement breach of the express representations or disruptions; risk of losing access to
(e.g. a letter sent by post, fax or email)
Buyer for Purchase Price, if paid, plus
packers or shippers. For Lots from (b) The provisions of this Condition contract for the purchase of the Lot (in us for any loss or damage to a Lot in standard delivery charges, if we are prior to the end of the Consumer and warranties given by the Seller the NFT due to lost or forgotten private
a Wine & Spirits auction where we 10(b) apply to NFTs: accordance with the procedure set out accordance with this Condition, you, on required to do so in accordance with the (which may differ from any published key(s) or password(s) or corrupted
arrange for domestic shipping at your at Condition 12 below) and that you or Services Cancellation Period. Conditions of Business for Sellers). wallet files; mis-typed addresses or
request on your behalf, we will charge (i) In order to receive the NFT, you must should therefore insure the Lot against your own behalf and on behalf of your Consumer Cancellation Right. We will Alternatively, you may use the following (vi) Unless we own a Lot offered for sale, incorrectly constructed transactions;
model cancellation form:
not process the reimbursement unless
insurer(s), irrevocably release us and
you a non-refundable fee at a rate of 1% have a digital wallet that is capable of loss or damage until it is returned to us. the Seller from all liability for loss of or and until the Lot is returned to us or we are not responsible for any breach of viruses, phishing, bruteforcing, hacking,
of the Purchase Price for all domestic supporting and accepting the NFT, damage to such Lot and irrevocably you have supplied us with evidence of To: Sotheby’s [insert the name of the these Conditions by the Seller. security breaches, mining attacks,
shipments arranged. Such fee covers and which you, or the company you (iii) For NFTs: After transfer of the company within the Sotheby’s Group or other means of cyber-security
property handling and administration have registered to bid as, own, and to NFT to the digital wallet specified by waive all rights and claims that you having returned the Lot to us. conducting the relevant sale] (vii) Neither you nor we nor the attack; custodial or buyer error;
might have against us or the Seller in
you, you are thereafter responsible for
and bearing liability for loss or damage which you have access. You understand (iv) We will make the reimbursement Seller will be liable for any special,
secure storage of the NFT in the wallet connection with the same. regulatory interference in one or more
260 SOTHEBY’S COMPLETE CATALOGUING AVAILABLE AT SOTHEBYS.COM/N10917 261