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Website Terms of Use

1. By using our Website you accept these terms

a) Duke’s 1823 LLP is a limited liability partnership incorporated in England and Wales with registered number 0C392496, whose registered office is at Brewery Square, Dorchester, DT1 1GA (in these Terms, ‘Duke’s’, ‘us’ and ‘our’).

b) By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

c) If you do not agree to these terms, you must not use our Website.

d) By agreeing to these Terms, you represent that you are at least 18 years old.

e) We recommend that you print a copy of these terms for future reference, as they form a contract for the use of our Website and a Website client account facility.

f) When using our Website as a Buyer, you must comply with our Conditions of Sale - Buyer.

g) When using our Website as a Seller, you must comply with our Conditions of Sale - Seller.

 

2. About these Terms

a) We may, at our sole discretion, modify or replace these Terms at any time. 

b) It is your responsibility to check these Terms periodically for changes. Your continued use of the Website client account and Website following the posting of any changes to these Terms and/or, when you log into your account, by checking the “I have read and agree to the Terms and Conditions” box on our Website, constitutes your acceptance of such changes. 

c) If you do not agree to such changes, you should stop using our Website and client account

These terms of use refer to our Privacy Policy which also applies to your use of our Website. 

 

3. Your Website client account

a) Once we have accepted you as a prospective Buyer or Seller you will be provided with access for the operation of your client account.

b) The Website client account enables users to participate in live auctions and online auctions for the sale and purchase of items offered at auction (Lots). 

c) You may not register for a client account if you are under the age of 18 years old. 

d) Your access to your client account or certain features of our Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionality or services. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time.

e) You are responsible for making all arrangements necessary for you to have access to our Website and your client account. You are also responsible for ensuring that all persons who access the your client account through your internet connection are aware of these Terms, and that they comply with them.

 

4. Content ownership

a) You agree that all Content, contained in or delivered via our Website is owned by Duke’s or our licensors and is protected by copyright, trade mark and/or other intellectual property and other proprietary rights and laws. You shall use our Content exclusively for purposes that are permitted by these Terms and any applicable laws and regulations. Any rights not expressly granted in these Terms are reserved.

b) You agree and acknowledge that the ‘Duke’s Auctioneers’ and the ‘Duke’s Auctioneers 1823’ brands our property and agree not to challenge either our ownership or use of the Duke’s name.

 

5. Account, password and security

As part of using our Website, you may create an account, with a username and password. You are responsible for maintaining the confidentiality of your password and access to your account, and are responsible for all activities that occur under your account, including use of your account by third parties. You agree to immediately notify us of any unauthorised use of your account or of any other breach of security. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this paragraph or from any unauthorized access to or use of your account.

 

6. Payment

a) You must: make the appropriate payment for any Lot purchased at auction by credit or debit card or other payment mechanism approved by us and made available through our Website; and provide us and/or our payment service providers with the necessary information for your payment to be processed. You confirm that the payment card or account used by you is yours or that you are authorised to use such card or account and there are sufficient funds or credit facilities to cover the payment.

b) You will be given the opportunity to correct any input errors in your payment details prior to completing your payment.

c) All credit/debit/charge card and other payment service transactions may be subject to validation checks and authorisation by the relevant card and service providers. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you through the Website.

 

7. Suspension and termination

a) You acknowledge and agree that we may, in our sole discretion, on written notice to you, suspend or terminate your Website client account and/or your access:

i) to services provided under your client account at any time for any reason and without notice to you;

ii) if you have breached the Conditions of Sale - Seller or Conditions of Sale - Buyer and failed to remedy such breach within 7 days of notifying you in writing of such a breach.

b) You agree that we shall not be liable to you or to any third-party for any suspension and/or termination of your right to use or otherwise access your client account.

c) You may stop using our Website and your client account at any time.

d) We are obliged to comply with Anti-Money Laundering regulations which apply to individuals or businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent).  We may be obliged to suspend our services or client account and/or your access where suspicious activity occurs.

 

8. Warranties

We provide our Website using reasonable skill and care but we make no other representations, warranties or guarantees, whether express or implied, with respect to the

Website including:

a) that access to our Website will be uninterrupted or error-free;

b) that our Website or the computer server from which our Website is made available, are free of viruses or other harmful components; and

c) to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any Content contained in or delivered via our Website or otherwise
made available in connection with the Auctions.

 

9. Linking to and from third party website(s)

a) From time to time, our Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third
party websites.

b) We do not review such third party websites and you acknowledge and agree that:

i) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do
not control their content or availability;

ii) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such
websites; and

iii) if you access any such websites, you do so entirely at your own risk.

c) You may include links to our Website on another website providing you acknowledge and agree to the following:

i) you reference Duke’s as owners of the content

ii) we are not liable to you for any loss you suffer as a result of such links;

iii) we do not promise that Website will be continuously available (and therefore such links may not always work);

iv) you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of
any third party or contains any adult content;

v) our consent to such links does not constitute any grant of any rights in the Website to you or any third party; and

vi) we reserve the right to object to any such links and require you to remove them.

 

10. Limitation Of Liability

a) To the maximum extent permissible in law, we exclude all liability for any indirect,
additional or consequential loss or any kind however incurred by you, arising in
connection with these Terms.

b) Nothing in these Terms excludes or limits our liability for:

i) death or personal injury caused by our negligence;

ii) fraud or fraudulent misrepresentation; or

iii) breach of any obligation implied by statutory law which cannot lawfully be
excluded.

 

11. Privacy

All information provided by you or collected by us in connection with our Website is governed by our Privacy Notice, a copy of which is located at https://www.dukes-auctioneers.com, which is hereby incorporated by reference into these Terms.

 

12. Notices

a) Notices to you may be sent via either email or regular mail to the address you have provided to us.

b) Any notice from you to us shall be sent in writing to us at the following address:

 

Duke’s Auctioneers

Dorchester

Dorset

United Kingdom

DT1 1GA

 

13. General

a) These Terms (and the Conditions of Sale - Seller or Conditions of Sale - Buyer and Privacy Policy, where applicable) contain the entire agreement between us and you relating to the Services and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between us and you relating to the Services. You confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.

b) We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or
obligations under these Terms to any company, firm or person. We can only do this if
it does not affect your rights under these Terms. You may not assign, sub-contract
and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.

c) These Terms are personal to you and no third party is intended to benefit under these Terms.

d) If you fail to comply with these Terms and we take no action against you, we will
still be entitled to enforce our rights against you in relation to that breach and to
use our rights and remedies in any other situation where you breach these Terms.

e) All or any part of any term of these Terms that is found to be unfair or unenforceable
by a court of competent jurisdiction will be treated as deleted and the remainder of
the Terms will continue to govern each of our respective obligations.

f) English is the only language in which these Terms are offered.

g) These Terms are governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.

 

Version date: 1 July 2020