Buy Now Marketplace Conditions of Business for Buyers

Buyer Terms

Sotheby’s Buy-Now Marketplace Conditions of Business for Buyers

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS ON THE DIGITAL PLATFORM (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE BUY-NOW MARKETPLACE CONDITIONS OF BUSINESS FOR BUYERS (“BUY-NOW BUYER TERMS”), THE WEBSITE TERMS OF USE LOCATED ON SOTHEBYS.COM, AND OUR PRIVACY POLICY (COLLECTIVELY, THE “PURCHASE TERMS”), AND YOU REPRESENT THAT (A) YOUR PURCHASE AND USE OF PRODUCTS MADE AVAILABLE ON THE DIGITAL PLATFORM WILL BE IN ACCORDANCE WITH THE PURCHASE TERMS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to the Purchase Terms, you may not purchase products on the Digital Platform.

The following Buy-Now Buyer Terms are entered into by and between you and Sotheby’s, Inc., (“Sotheby’s” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your purchase and our offer and sale of products through the Sotheby’s Buy-Now Marketplace available at http://www.sothebys.com (the “Sotheby’s Website”), whether accessed through a desktop, mobile device, tablet, mobile application or other means (collectively, the “Digital Platform”). Notwithstanding the foregoing, for alcoholic beverage sales in New York using the Digital Platform, these Buy-Now Buyer Terms are entered into by and between you, Sotheby’s, Inc. and Sotheby’s Wine (in such case, “Sotheby’s” or “we” or “us” or “our” or other similar pronouns refer to both Sotheby’s, Inc. and Sotheby’s Wine). These Buy-Now Buyer Terms are an integral part of, and subject to, the Terms of Use that apply generally to the Sotheby’s Website. You should also carefully review all Purchase Terms before placing an order for products on the Digital Platform.

We may change these Buy-Now Buyer Terms from time to time in our sole discretion, at any time without notice to you, by posting such changes on the Sotheby’s Website. It is your responsibility to periodically check the Buy-Now Buyer Terms for changes by clicking the link “Buy-Now Marketplace Conditions of Business for Buyers” or the link that states “Read more here” under “Conditions of Business” on a Property’s listing page on the Digital Platform, including before placing an order for products. You will know if these Buy-Now Buyer Terms have been revised since your last visit to the Digital Platform by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT BUY-NOW BUYER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM PLACING ORDERS OR OFFERS FOR PRODUCTS THROUGH THE DIGITAL PLATFORM.

  1. Our Role; Product Condition. Except for alcoholic beverage sales, you acknowledge that we customarily offer products for sale on behalf of third-party sellers, who may be unnamed, on a consignment basis. As a result, in offering certain products on the Digital Platform and accepting and fulfilling orders we are acting as the applicable seller’s agent and we do not take or transfer title to the product offered for sale on the Digital Platform. In some instances, the products we offer for sale through the Digital Platform are owned by Sotheby’s or an affiliate of Sotheby’s. We do not produce, endorse, or recommend any of the products made available through the Digital Platform. With respect to products that are offered for sale on a consignment basis, we are not affiliated with, endorsed by, or otherwise associated with any consignor or seller, or the retailer, designer, manufacturer, artist, author or other creator of the products.
  2. Authenticity Guarantee. 
    (a) We, as principal, provide an Authenticity Guarantee to the Buyer, subject to the following terms and conditions, that the Property is not a “counterfeit”. For these purposes, a “counterfeit” means an item of Property that in Sotheby’s reasonable opinion is an imitation created to deceive as to authorship, origin, date, age, period, culture or source, where the correct description of such matters is not reflected by the description on the listing page (taking into account any glossary of terms, as applicable). No item of Property shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting). Notwithstanding anything to the contrary in this Condition 2, with respect to NFTs, unless otherwise set forth on the respective listing page on our website, the Authenticity Guarantee is regarding the authorship of the Referenced Content, if any.
    (b) The Authenticity Guarantee is provided for a period of five years from the date of the original purchaser of record’s purchase of the Guaranteed Item (the “Guarantee Period”), except as otherwise provided in Condition 2(h) below.
    (c) The Authenticity Guarantee is provided solely for the benefit of the Buyer and cannot be transferred to any third party.
    (d) To claim under the Authenticity Guarantee, the Buyer must: (i) notify us in writing within three months of receiving any information that causes the Buyer to question the authenticity or attribution of the Property and in any event by no later than the expiry of the Guarantee Period, specifying the date of purchase, and providing all the information in the Buyer’s possession in support of the Buyer’s claim; and (ii) return the Guaranteed Item to Sotheby’s at the original selling location in the same condition as at the date of the original purchase and be able to transfer good title to the Guaranteed Item, free from any third party claims arising after the date of such purchase.
    In addition, we may also require the Buyer to obtain, at the Buyer's cost, the reports of two independent and recognized experts in the field, mutually acceptable to us and the Buyer. We will not be bound by any such reports and we reserve the right to seek additional expert advice at our expense.
    (e) We are not responsible for typographical errors that may appear in the Guarantee Line. If a Guaranteed Item is sold with an incorrect Guarantee Line, we reserve the right to amend the Guarantee Line in our good faith, reasonable judgment. Sotheby’s has discretion to waive any of the above requirements. We reserve, in our absolute discretion as principal, the right to reject a claim under the Authenticity Guarantee if: (i) the listing page was in accordance with the opinions of scholars and experts, which are generally accepted and known or privately expressed to us, as at the date of the purchase, or the listing page indicated that there was a conflict of such opinions; (ii) the only method of establishing that the Property was a counterfeit at the date of the purchase would have been by means or processes not then generally available or accepted, unreasonably expensive or impractical to use, or likely to have caused damage or loss of value to the Property; (iii) the manner in which the Property is said to be a counterfeit is due only to damage, restoration, modification work of any kind (including repainting or over-painting) present at the time of the purchase, or the inability of the manufacturer, maker or relevant archives to confirm the authenticity and attribution of the Property; or (iv) the manner in which the description of the Property is incorrect does not result in a material loss in value of the Property.
    (f) Subject to the above, if we reasonably determine that the Property is a counterfeit, we will ensure that the purchase is rescinded, and that the Buyer is refunded the Purchase Price in the currency of the sale.
    (g) It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. Sotheby’s and the seller shall not be liable for any special, punitive, incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
    (h) Additional provisions specific to certain Property - Jewelry, Wine & Spirits, Tea and Books & Manuscripts (i) With respect to Property containing any gemstone, jade or pearls, the Authenticity Guarantee is that the gemstone or pearls are genuine or of natural origin, and the Guarantee Period for any claim that the gemstone, jade or pearls are not genuine or of natural origin is 21 days from the date of the original purchase of record’s purchase of the Guaranteed Item. (ii) With respect to Property that is in the Wine & Spirits or Tea category, the Authenticity Guarantee is that the producer and vintage (and for Tea, type) is as stated on the listing page, and the Guarantee Period is 21 days from the date of the original purchaser of record’s purchase of the Guaranteed Item. (iii) With respect to Property that is in the Books & Manuscripts category, the Authenticity Guarantee also includes a guarantee to the Buyer for a Guarantee Period of 21 days from the date of the original purchaser of record’s purchase of the Guaranteed Item, subject to Conditions 2(c)-(g), the Property’s text and/or illustrations are not materially defective. Subject to the following exceptions, if we reasonably determine that the text or illustrations in an item of Property are materially defective, we will ensure that the sale is rescinded, and that the Buyer is refunded the Purchase Price in the currency of the sale. We reserve the right to reject a claim under this Condition 2(h) if: (1) the Property comprises an atlas, an extra-illustrated book, a volume with fore-edged paintings, a periodical publication or a print or drawing; (2) in the case of a manuscript, the Property was not described on the listing page as complete; (3) the defect complained of was mentioned in the listing page or the item complained of was sold un-named in an item of Property; (4) the defect complained of is not a defect in text or illustration, such as without limitation, damage to bindings, stains, foxing, marginal wormholes, lack of blank leaves or half titles or other conditions not affecting the completeness of the text or illustration, lack of list of plates, inserted advertisements, cancels or any subsequently published volume, supplement, appendix or plates or error in the enumeration of the plates, or is based on the age of hand-coloring in maps, atlases or books; or (5) the manner in which the text or illustrations are defective does not result in a material loss in value of the Property.
  3. Orders and Cancellation. Products offered on the Digital Platform may be made available for purchase (a) on a traditional retail basis (using the “Buy Now” option) and/or (b) through our “Make an Offer” option, in which case multiple users of the Digital Platform may place a bid to purchase a product. Further details regarding the “Buy Now” and “Make an Offer” purchasing options are provided in our Frequently Asked Questions/Help page. When making a purchase through our “Buy Now” option, you agree that the purchase is binding upon you, such that you are committed to purchasing the items listed in your order. When you submit an offer using the “Make an Offer” option, your order is not finalized until (a) your offer is accepted by the seller and (b) you complete the checkout and payment process. You may cancel an order within twenty-four (24) hours of placing the order by calling Customer Service. If you cancel an order after twenty-four (24) hours of placing the order, and the ordered item(s) have not yet shipped at time of cancellation, your order may be cancelled subject to deduction of a fifteen percent (15%) processing fee. If you cancel an order after twenty-four (24) hours of placing the order and any of the ordered product(s) have shipped at time of requested cancellation, the requested cancellation will be processed as a return, subject to our Returns Policy. Any amounts refunded in connection with order cancellations will be issued back to the payment method used for the original purchase. Neither Sotheby’s nor any Sotheby’s Group Company is liable for any foreign currency exchange fluctuation between your local currency and the currency in which you paid for your purchase, which may affect the amount you are refunded.   Items marked as final sale are not eligible for cancellation or return, subject to Condition 19. For certain orders some buyers residing in the EU or the UK may be eligible for enhanced cancellation options. Please read Condition 19 for more information.All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept it. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the product ordered is out of stock (including if another purchaser places an order for a particular product before you do) or has been mispriced, if we suspect the order is fraudulent, if the relevant seller declines your offer for a product, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed. If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details (“Order Confirmation”). Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant product(s) will not take place unless and until you have received your Order Confirmation email and your method of payment is charged. If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order, and in such case we may cancel the contract of sale between you and us. We also reserve the right to cancel the contract of sale between you and us in our sole discretion after the Order Confirmation in the event you fail to satisfy any of our “know your client” requirements. Certain products that you purchase through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase. For the avoidance of doubt, purchases of auction items, whether made through the Digital Platform or otherwise, are not subject to these Buy-Now Buyer Terms and instead are subject to the terms and conditions set forth in the applicable Conditions of Sale/Conditions of Business and Terms of Guarantee/Authenticity Guarantee that govern each auction, as presented separately in connection with such auction and, if applicable, certain additional terms and conditions for online bidding. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the offering of any products through the Digital Platform at any time, in our sole discretion. A REFERENCE TO A PRODUCT ON THE DIGITAL PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
  4. Product Descriptions. We attempt to provide accurate descriptions and images of products offered through the Digital Platform. Sotheby’s will assign each product an overall condition rating, which rating appears on the item detail page. It is your responsibility to review all of the information provided about a product, including the condition rating, before placing an order. Notwithstanding the foregoing, we do not warrant that the product descriptions, condition reports, images or other information provided are accurate, complete, precise, reliable, current or error-free.  For alcoholic beverages, images are for illustrative purposes only and such images do not depict the actual items for sale. You acknowledge that the products are sold on an “AS-IS” basis. 
  5. Prices. All prices posted on the Digital Platform are subject to change without notice. We attempt to provide accurate pricing information regarding the products available on the Digital Platform, but cannot offer guarantees against pricing errors and are not responsible for typographical, or other pricing errors. If an error occurs, we will inform you using the information you provide when placing your order and you may either confirm your order (at the corrected product pricing) or cancel the order. We reserve the right to cancel any order arising from a pricing error. Prices on the Digital Platform are shown in US Dollars unless otherwise indicated. For international orders, duties and taxes may be included in the price depending on the destination country.
  6. Promotional Offers; Discounts. From time to time, we may offer special promotional offers and/or discounts that may apply to purchases through the Digital Platform. You agree to be bound by any additional terms and conditions that apply with respect to any such special promotional offers or discounts. Promotional offers and discounts may be offered on a time-limited basis. Some products may be excluded from promotional offers or discounts. Such exclusions may be noted on the applicable product detail page and will be detailed in the terms and conditions of the relevant promotional offer or discount.
  7. Payment. You agree to pay in full the prices for any purchases you make by payment means acceptable to Sotheby’s. We may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time.Whether you make a purchase via “Buy Now” or “Make an Offer,” your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.
  8. Shipping, Local Pickup & Tax. Products ordered through the Digital Platform will be shipped to the destination specified in the Order Confirmation in accordance with our Shipping Policy, which may be updated from time to time in our sole discretion. Please note that Sotheby’s is not able to ship products to certain destinations, including to any country that is currently subject to a U.S. embargo, sanctions or other export controls. Please contact Sotheby’s to confirm whether we ship to your intended destination. Once an Order Confirmation is issued, Sotheby’s will arrange for shipment of the ordered products to you through a third party delivery service provider that you select at checkout, and we will provide a shipment tracking number upon shipment of all or any part of your order. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon our, or the applicable seller’s, transfer of products to the delivery service provider, unless you an EU/UK Purchaser as defined in Condition 19 and Sotheby’s organizes the shipment to you, in which case risk of loss pass to you upon you or your agent’s receipt of the Property. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, the third party delivery service provider will attempt to deliver your order as soon as reasonably possible. Sotheby’s does not ship to P.O. Boxes or APO/FPO addresses.We are not responsible for the acts or omissions in our packing or shipping of purchased items or of other carriers or packers of purchased items, whether or not recommended by us. Packing and handling of purchased items is at the entire risk of the purchaser.  For alcoholic beverage sales, where we arrange for domestic deliveries at your request on your behalf, we will charge you a non-refundable fee at a rate of 1.5% of the purchase price for all domestic deliveries arranged. Such fee covers property handling and administration and bearing liability for loss or damage to the property while in our possession. We will only be liable for breakage or loss during transit. All packages must be inspected upon receipt and breakage or loss reported to us immediately upon delivery of the property. We will not refund any delivery charges, packing charges, or fees. For some products ordered through the Digital Platform packing and shipping will be organized directly by the seller and for such purposes your contact details (such as your name and address) will be disclosed to the seller. Certain products ordered through the Digital Platform are eligible for local pickup. If you select local pickup for an item, the item is final sale and is not eligible for cancellation or return. After your successful purchase of an item which you opt to pick up locally, we will share the seller’s contact information with you and we will share your contact information with the seller. You and the seller will directly coordinate local pickup of the item at a mutually convenient time. When you select local pickup, title and risk of loss pass to you upon your first contact with the item at the seller’s premises. When you pick up the item at the seller’s premises, you will need to provide the seller with a copy of your email confirmation as verification of your purchase.  For alcoholic beverage sales, if purchased items remain uncollected after 90 days, we may send it to our wine warehouse, upon which time applicable state and local sales tax will be charged. You hereby agree to the Virtual Cellar Terms of Use, Storage Terms of Use and Auto-Renewal Policy with regard to the storage of such Lot(s), which can be found at https://www.sothebyswine.com/ny/storage. Neither posted prices nor the dollar value of an offer you submit on a product include taxes, including VAT, or charges for shipping and handling, unless otherwise specified on the relevant product page. Estimated taxes and, if applicable, shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation. International orders may be subject to additional local taxes, import duties or other local requirements. For items located in the United States at the time of sale (except for alcoholic beverage sales in New York), the following shall apply: Unless exempted by law, the purchaser will be required to pay the combined New York State and local sales tax or any applicable compensating use tax of another state, and if applicable, any other tax on the total purchase price. New York sales tax is charged on the posted price and any other applicable charges on the product picked up or delivered in New York state regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper that is not a considered a “common carrier” by the New York Department of Taxation and Finance will be charged New York sales tax on the entire charge regardless of the destination of the product. The rate of such combined tax is 8.875% in New York City and ranges from 7% to 8.625% elsewhere in New York. Sotheby’s is required to collect sales or use tax on products and related charges, where applicable, delivered into these states: AL, AZ, AR, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MS, NE, NV, NJ, NM, NY, NC, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI and WY.
  9. Sanctions. By making an offer or purchasing on the Digital Platform, you represent and warrant that:The offeror and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and The offer or and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation. 
  10. Acceptance; Returns. Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Products may be returned solely in accordance with our Return Policy, which may be updated from time to time in our sole discretion.
  11. Your Privacy. Sotheby’s will hold and process your personal information and may share it with another Sotheby’s affiliate or subsidiary company for use as described in, and in line with, Sotheby’s Privacy Policy published on Sotheby’s website at www.sothebys.com. Where property is held by a seller in order to deliver your purchase to you, your contact details (such as your name and address) will be disclosed to the seller to enable the seller to pack and ship the items to you.
  12. Your Obligations. You agree to comply with these Buy-Now Buyer Terms and all applicable laws and regulations.
  13. Indemnification. You agree to defend, indemnify on demand and keep Sotheby’s and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your purchase or use of any products made available through the Digital Platform, or any related services or information, or (b) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of the Buy-Now Buyer Terms. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
  14. DISCLAIMER OF WARRANTIES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PURCHASE, HANDLING, STORAGE AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORM.ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, OTHER THAN THE LIMITED AUTHENTICITY GUARANTEE AND AS REQUIRED BY LOCAL LAW, THE RELEASED PARTIES (A) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE OR PROVIDED THROUGH THE DIGITAL PLATFORM, AND (B) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO SUCH PRODUCTS, SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION (1) THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, (3) ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, OR OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH SOTHEBY'S OR ITS AGENTS, AND (4) ANY REPRESENTATION OR WARRANTY AS TO AUTHENTICITY (OTHER THAN THE LIMITED AUTHENTICITY GUARANTEE), ATTRIBUTION, THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, PROVENANCE, RESTORATION, EXHIBITIONS, LITERATURE, OR HISTORICAL RELEVANCE OF THE PROPERTY AND NO STATEMENT ANYWHERE, WHETHER ORAL OR IN WRITING, SHALL BE DEEMED SUCH A REPRESENTATION OR WARRANTY. THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT (X) THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS OR RELATED SERVICES AVAILABLE ON THE DIGITAL PLATFORM WILL MEET YOUR EXPECTATIONS OR (Y) ANY INFORMATION PROVIDED WITH RESPECT TO ANY PRODUCT OR RELATED SERVICE MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE.
  15. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT INDEMNIFICATION, OBLIGATION, OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THE BUY-NOW BUYER TERMS, (B) THE PURCHASE OR USE OF, OR THE INABILITY TO USE, PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM, (C) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THEREON; OR (D) LOST BUSINESS OR LOST SALES, IN EACH CASE EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE BUY-NOW BUYER TERMS OR YOUR PURCHASE OR USE OF THE DIGITAL PLATFORM, PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, THE PRICE PAID FOR YOUR PURCHASE NET OF ANY APPLICABLE TAXES, VAT OR AMOUNT IN LIEU OF VAT OR ARTIST RESALE RIGHT LEVY, IF ANY. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
  16. Force Majeure. We will not be liable for or be deemed to have defaulted under or breached this agreement for failure or delay in fulfilling or performing any of our obligations to the extent, and for so long as, such failure or delay is caused by events beyond our reasonable control, including without limitation, fire, flood, natural disaster or other act of God, riot, strike or other civil or labor unrest, transportation or other infrastructural incapacitation, inability to secure sufficient labor, power or necessary equipment, act of war, armed conflict, terrorist attack, governmental action or regulation, outbreak of disease, public health emergency, pandemic, nuclear or chemical contamination, or any other cause that we could not have prevented with reasonable care (any of the foregoing, a "Force Majeure Event"). If we are prevented from or delayed in performing any of our obligations by a Force Majeure Event, we shall promptly notify you and recommence performance when and to the extent possible without unreasonable delay. Further, if a Force Majeure Event materially impedes or interferes with our ability to perform our obligations relating to the sale of the Property, we may, unless you object in writing within 14 days of our notice to you, modify our obligations relating to the sale of the Property in various ways, including, without limitation, rescheduling the sale of the Property.
  17. Miscellaneous. The Purchase Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of New York. In the event of a dispute arising from or relating to the Purchase Terms or the relationship between you and us, you and we agree to submit to the exclusive jurisdiction of the state courts of and the federal courts sitting in the State and County of New York. You will provide to us, upon our request, verification of identity and any additional information required to comply with our Know Your Client requirements or to evidence your authority to agree to the Purchase Terms. If you are an agent acting on behalf of a principal, you shall disclose to us the identity of the principal. If you do not satisfy these requirements, we may cancel our agreement with you. The Purchase Terms, the Order Confirmation, and any other terms incorporated herein or therein by reference constitute the sole and entire agreement between you, the seller and Sotheby’s with respect to your purchase of products through the Digital Platform, and supersede all prior or contemporaneous written, oral or implied understandings, representations or agreements relating to the subject matter thereof. If any part of the Purchase Terms is deemed invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of the Purchase Terms, which will remain in full force and effect. No provision of the Purchase Terms may be amended or waived unless you and we agree in writing (including by email) to do so. In the event of a conflict between the Website Terms of Use and the Buy-Now Marketplace Conditions of Business for Buyers, the Buy-Now Marketplace Conditions of Business for Buyers will prevail. The Purchase Terms are binding upon and effective for the benefit of you, your estate, heirs, executors, devisees, representatives, administrators, successors and assigns. You may not assign your rights or delegate your obligations under the Purchase Terms without our prior written consent. You have had the opportunity to consult an attorney of your choosing before agreeing to the Purchase Terms, and you acknowledge we have not provided legal advice to you or for your benefit in connection with the Purchase Terms. The provisions in the Purchase Terms that by their nature are intended to survive termination or the completion of the transactions contemplated will so survive. Our failure to exercise or enforce any right or provision of the Purchase Terms shall not constitute a waiver of such right or provision.
  18. Export and Permits. It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the item. Any notices in the sale e-catalogue reflect Sotheby’s reasonable opinion at the time of cataloguing and are for general guidance only; Sotheby’s and the consignor make no representations or warranties as to whether any item is or is not subject to export or import restrictions or any embargoes.
  19. Cancellation Right. Certain consumer protection legislation in the EU and the UK (the “Regulations”) give consumers (meaning a person who is acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession) who are habitually resident within an EU member state or the UK (an “EU/UK Purchaser”) and who purchase goods and services online or otherwise “at a distance” certain cancellation rights. Under the Regulations, an EU/UK Purchaser who purchases property from a seller that is a trader (meaning a seller acting for purposes relating to their trade, business, craft or profession) has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations and except for contracts for goods that are personalized or made to the purchaser’s specifications) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU/UK Purchaser or their designated agent (but including a shipper instructed by us) (the “Goods Cancellation Period”). Under the Regulations, an EU/UK Purchaser who purchases shipping services from Sotheby’s (the “Shipping Services”) has the right to cancel the Shipping Services for any reason within a period of fourteen days after the date on which the contract to provide the Shipping Services is concluded (the “Services Cancellation Period”) and receive a full refund unless where at the EU/UK Purchaser’s express request it has been agreed that the Shipping Services will begin during the Services Cancellation Period. In the case that the EU/UK Purchaser requests that the Shipping Services begin prior to the expiry of the Services Cancellation Period, the EU/UK Purchaser will have the right to cancel the Shipping Services during the Services Cancellation Period until the Shipping Services have been fully performed after which point the cancellation right will no longer apply. If the EU/UK Purchaser lawfully cancels the contract for Shipping Services prior to the expiry of the Services Cancellation Period, Sotheby’s will reimburse the EU/UK Purchaser all payments received from the EU/UK Purchaser in relation to the Shipping Services provided always that if the EU/UK Purchaser requested Sotheby’s to begin the performance of the Shipping Services during the Services Cancellation Period, the EU/UK Purchaser will remain liable for all shipping costs incurred by Sotheby’s. To exercise the right to cancel, the EU/UK Purchaser must inform Sotheby’s, Inc. at: Post Sale Services, 1334 York Avenue, New York, NY 10021; telephone: +1 212 606 7444; fax: +1 212 606 7043; uspostsaleservices@sothebys.com; of its decision to cancel the contract for the purchase of property and/or for the provision of Shipping Services (as applicable) by a clear statement (e.g. a letter sent by post, fax or email) or by using the below model cancellation form:To: [Please use Sotheby’s Inc.’s details as listed above, as appropriate]:I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]:[Description of goods and/or service]Ordered on [*]/received on [*]:Name of consumer(s):Address of consumer(s):Signature of consumer(s) (only if this form is notified on paper):Date[*] Delete as appropriateIn order to meet the applicable cancellation deadline, the EU/UK Purchaser is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired and (ii) in relation to the provision of Delivery Services before the Services Cancellation Period has expired. If you cancel the contract for the purchase of property within the applicable Goods Cancellation Period, Sotheby’s, Inc. will reimburse you all payments received from you, including the costs of delivery but not any extra costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us; or any import duties we incur as a result of you returning the property to us. Sotheby’s, Inc. may make a deduction from the reimbursement for loss in value of any property supplied, if the loss is the result of unnecessary handling by you. Sotheby’s, Inc. will make the reimbursement without undue delay, and not later than (i) 14 calendar days after the date on which we receive back from you any property supplied; or (ii) (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the property. Sotheby’s, Inc. will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Sotheby’s, Inc. may withhold reimbursement until we have received the property back or you have supplied evidence of having sent back the property, whichever is earliest. You must send back the property or return them to us at such address as we may specify for the purpose, without undue delay and in any event not later than 14 calendar days from the date after the date on which you communicate your cancellation to us. The deadline is met if you send back the property before the period of 14 calendar days has expired. You will have to bear the costs of returning the property. If Sotheby’s, Inc. arranged for the property to be delivered we estimate that the cost of returning the property by the same means is likely to be similar to the cost of delivery. You are only liable for any diminished value of the property resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the item.
  20. Customer Service; Further Inquiries. You may direct questions about the Purchase Terms, or other issues, to:

Email: enquiries@sothebys.com

Phone: +1 212-606-7000

Mail: Sotheby’s 1334 York AvenueNew York, New York 10021 Attn: Buy-Now Marketplace Management

  1. Additional Provisions for Alcoholic Beverage Sales. By placing an order on the Digital Platform for alcoholic beverages, you warrant that you are at least 21 years of age and that you will be responsible for the delivery of your purchase being received by a person of at least 21 years of age. New York, Connecticut, California, Florida, Nebraska, Washington DC or Wyoming sales tax is charged on all purchases picked up or delivered to New York State, Connecticut, California, Florida, Nebraska, Washington DC or Wyoming, regardless of the state or country in which the purchaser resides or does business, unless Sotheby’s Wine has been given, in advance of the release of the property, a valid exemption from taxes by abovementioned states.  Sotheby’s Wine will also collect a fee of 8% on purchases delivered to New Hampshire and an additional fee of 12% on purchases delivered to Wyoming.  For states to which Sotheby’s Wine is not able to arrange deliveries, purchasers may only collect their wines or spirits in New York, in which case New York sales tax will be charged. All risk of loss and damage to purchased goods passes to the purchaser upon receipt of the goods. All delivery costs, including the property management fee, are to be paid by the Buyer.  Sotheby’s Wine does not provide shipping services.  If you wish your purchase to be shipped, Sotheby’s Wine will contract with a third party carrier to arrange delivery of your purchase.  By requesting that your purchase be delivered., you authorize Sotheby’s Wine to engage a common carrier to deliver your wine on your behalf.  All purchases, including delivery fees, tax and any additional charges, must be paid in full prior to delivery. Please be advised that most states regulate the shipment of wine into their state, and may either prohibit the shipment of alcoholic beverages or impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction without license or permits.  We urge you to investigate your state’s regulations before purchasing wine from the Web Site.  Sotheby’s Wine makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state.  Sotheby’s Wine does not assume any obligation nor bear any responsibility whatsoever for obtaining any necessary licenses or permits. If you receive purchased property that has broken during transit, you must notify Sotheby’s Wine in writing within three days of the delivery of the property.  In the event of non-arrival, you must inform Sotheby’s Wine in writing within three days of expected delivery. Sotheby’s Wine is unable to accept returns of wine or other alcoholic beverages except where the product is defective in quality.  Sotheby’s Wine may not accept the return of any alcoholic beverages purchased in error.
  2. Terms & Conditions for the Purchase of Wine En-Primeurs. Bordeaux En-Primeurs are offered on a first come, first served basis. Prices include delivery from Bordeaux to Sotheby's Wine's U.S. warehouse, or Hong Kong warehouse, depending on your chosen delivery location at the time of purchase, but excludes onward delivery to your designated address and any applicable tax.  Payment in full for Bordeaux En-Primeurs is due upon Sotheby’s confirmation of your order.  Delivery charges and applicable taxes, tariffs and/or duties will be due before delivery.  Bordeaux En-Primeurs purchases are non-refundable.En-Primeurs are expected to be available for delivery 2 years following the sales (e.g. the 2020 vintage, sold in 2021, will be delivered in 2023).  We cannot guarantee specific delivery dates which may be impacted by factors beyond our control.  We will notify you once your wines have arrived in our warehouse.  Wines must be picked up or delivered by the end of the delivery year. Any wines that are not picked up or delivered by the end of the delivery year will be sent to Sotheby's Wine's storage facility and you agree to pay all standard fees, charges and taxes that may apply.In the event of loss or damage to your wines prior to the delivery of such wines to you, Sotheby's Wine will refund the purchase price paid by you for such wines. You agree that the absolute limit of Sotheby's liability to you for any such lost or damaged wines will not exceed the purchase price paid by you.. 

LAST MODIFIED: 9 March 2023

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