17) Limitation of Liability
17.1 Subject to Paragraph 17.3 below, Intercollector and the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the sale of a Lot shall be limited to the purchase price actually paid by the Buyer for the Lot.
17.2 Subject to paragraph 17.3 below, neither Intercollector nor the seller shall be liable to the buyer for any loss of profits, loss of business, 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.
17.3 No provision in these Conditions of Sale shall be deemed to exclude or limit Intercollector liability to the Buyer in respect of any fraud or fraudulent misrepresentation made by them.
18) Use of Personal Information
i. Bidders and Buyers agree that Intercollector may process their personal information which includes: (a) name and contact details and the name and contact details of their employees, agents or representatives (b) bank account details (c) details of their use of auction and related services.
ii. Where the personal information concerns an employee, agent or other representative, Bidders or Buyers will undertake to bring this Paragraph to the attention of that individual and will ensure all relevant consents are given and maintained.
iii. Intercollector will use personal information of Bidders and Buyers for: (a) providing auction and related services; (b) record keeping for marketing; (c) tax and audit purposes; (d) credit check on Bidders (e) operating and enforcing these Conditions of Sale; (f) transferring Intercollector ’s business to a purchaser of the business; and (g) resolving legal and regulatory matters.
iv. Intercollector may disclose this personal information to: (a) legal advisors of any person claiming that any use of services provided by Intercollector infringes any right or breaches any law, rule, regulation or order; (b) professional advisors and other third parties engaged to assist with the sale of Property; and (c) other parties as needed to assist Intercollector in recovering payment or otherwise enforcing a term or condition of this Agreement.
v. Intercollector may use email and/or postal address of registered users for the purpose of marketing Intercollector ’s services, but they will not sell, rent or otherwise transfer personal information to third parties.
I. The copyright subsisting in all images and other materials produced for the auction is owned by Intercollector , and, subject to the provisions of the Copyright, Designs and Patents Act 1988, such images and materials may only be used at Intercollector ’s discretion.
II. For the avoidance of doubt, no rights in or title to the images and other materials produced for the auction shall be transferred to any third party by virtue of the sale of any Property to that third party, or otherwise howsoever.
Users of the Website, Sellers, Bidders, and Buyers, all agree to fully indemnify, defend and hold Intercollector harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) that Intercollector incur arising directly or indirectly as a result of (i) their breach of these Terms and Conditions (ii) any actions by them in using the website and the services provided by it (iii) wrongful acts committed by them.
Except as otherwise stated, any notices that Users, Consignors, Bidders, and Buyers wish to send to Intercollector should be e-mailed to email@example.com quoting Item number and date of sale.
Intercollector will post general notices to the Website, and send Notices to individual Users, Buyers, Bidders and Sellers to the email address as stated in their registration form.
22) Dispute Resolution
I. These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law.
II. In the event of a dispute arising under or in connection with these Conditions of Sale, Bidders and Buyers irrevocably submit to the exclusive jurisdiction of the English courts for the benefit of the Seller and Intercollector , and Bidders and Buyers agree that the Seller and Intercollector shall have the right to bring proceedings in any Courts within or without England and Wales and waive any objection to the jurisdiction of such Courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
23.1 The rights, powers, privileges and remedies provided in these Conditions of Sale are cumulative and are not exclusive of any rights, powers, privileges or remedies provided by law or otherwise.
23.2 No failure to exercise nor any delay in exercising by any party of any right, power, privilege or remedy under these Conditions of Sale shall impair or operate as a waiver thereof in whole or in part.
23.3 No single or partial exercise of any right, power, privilege or remedy under these Conditions of Sale shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
23.4 Should any provision of these Conditions of Sale be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
23.5 These Conditions of Sale are not assignable by any Buyer without Intercollector ’s prior written consent, but are binding on Buyer’s successors, assigns and representatives.
23.6 No term of these Conditions of Sale shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone other than the Buyer.
23.7 Use of any gender includes the other genders, and use of the singular includes the plural and vice-versa.
23.8 The headings in these Conditions of Sale are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
23.9 These Conditions of Sale set out the entire agreement between Intercollector , Bidders and Buyers in respect of the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements between Intercollector , Bidders and/or Buyers relating to the subject matter of these Conditions of Sale.
For further information, or to seek an answer to any questions, about these Conditions of Sale, or any other provisions applicable to a sale, please email firstname.lastname@example.org.