Terms of Service

Updated as of 24 January 2022

These Terms of Service together with our Privacy Policy, the FAQs, and any additional terms and policies published or posted on or in our Service (collectively the “Agreement”) constitute the legally binding terms and conditions governing your access as a User (“you,” “your,” and “yourself”) to, and use of, the Service in connection with:

  1. submitting a vehicle description and any other related information in connection with the listing of a vehicle for sale on the Platform as a “Seller”;
  2. submitting bids for the purchase of vehicles posted for auction by the Company as a “Bidder”;
  3. contacting a “Seller” for the purpose of buying a vehicle as a “Buyer”; and
  4. accessing or using the Platform or Services as a visitor or registering as a User.

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service, and to the collection and use of your information as set forth in the Market’s Privacy Policy

These Terms apply to all Bidders, Buyers, Sellers, visitors, Users, and others who register for, or otherwise access the Service. Defined terms are listed and explained below. You should read these Terms carefully before using the Service. By accessing or using the Service, you signify that you have read, understood, and you accept and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our Privacy Policy.

If we believe you are abusing the Service in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Service, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Service.

In these Terms of Service the following definitions shall apply:

Auction: The process facilitated by the Platform by which a Buyer and a Seller are matched with each other based upon the price that the Buyer agrees to pay for the Seller’s vehicle.

Bid: An offer to purchase a vehicle from a Seller at a specified price through use of the Platform.

Bidder: A User of the Platform who places a Bid.

Buyer: The User who, through placing the Successful Bid, has agreed to purchase a vehicle at the price of the Successful Bid from a Seller who has listed it on the Platform.

Content: Any and all information and content (e.g., photos, audio, video, files, or other User provided content you provide us), uploaded to the Platform by the Seller concerning vehicles for sale and any commentary or information uploaded to the Platform by other Users (including, if applicable, the Company on the Seller’s behalf where a vehicle is being offered under the concierge service).

Company: Patina Classics Ltd (trading as “The Market”) Company No. 11281872 with a registered address at 38A Innovation Drive, Milton Park, Oxfordshire, United Kingdom, OX14 4RT, and where appropriate its officers, employees and agents.

Deposit: The payment made by the Buyer to the Company on confirmation of their Successful Bid.

Platform: The group of technical applications that make up the Service, including but not limited to web sites, mobile applications and backend systems

Purchase Price: The amount of the Successful Bid on a vehicle at the moment when the Auction for that vehicle is deemed to have ended by the Platform plus any applicable taxes or fees payable by the winning bidder.

Reserve: The minimum price at which a vehicle may be sold as stipulated by the Seller before the Auction and whether communicated or not to the Buyer before, during or after the sale.

Seller: The person who offers the vehicle for sale on the Platform.

Seller's Commission: A commission payable by the Seller of a vehicle (incorporated within the Successful Bid price) as a condition of the agreement between the Seller and the Company.

Seller Content: Information and material provided by the Seller in connection with the Services and which underpins the descriptions of the vehicles for sale on the Platform.

Seller's Pack: Further details about the agreement between the Seller and the Company, available in the Seller's Pack

Service: The Platform and the Company’s online and/or mobile services, mobile applications and other software provided on or in connection with use of the Platform and participation in an Auction (collectively, the “Service”).

Site: The website(s) providing the Platform and the Service.

Successful Bid: The highest Bid placed in an Auction of a vehicle on the Platform when the allotted time for that Auction ends, so long as the Reserve has been met.

Terms: These Terms of Service.

Users: Bidders, Buyers, Sellers, visitors, and others who register for, or otherwise access or use the Platform and/or the Service.

1. The Company

Patina Classics Ltd, trading as “The Market” (“we”, “us” “our”) is a vehicle listing, information service and auction website that brings together Buyers and Sellers. The Company is only a marketplace for Sellers and Bidders; it is not a party to the contract for sale between the Bidder and the Seller and does not take title to the vehicles bought or sold through the Service. Rather, Users are able to access certain features and functionalities, including listing vehicles, and bidding through the Service.

PATINA CLASSICS LTD. IS NOT AN VEHICLE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF ANY VEHICLE LISTED ON THE SERVICE. PATINA CLASSICS LTD. DOES NOT OWN ANY OF THE VEHICLES LISTED ON THE PLATFORM.

2. Seller Content

The Company does not claim ownership of Seller Content.

The Company does not make any representations or guarantees with respect to the truthfulness, accuracy, completeness, or reliability of any Seller Content or endorse any opinions expressed by the Seller or anyone else; to the fullest extent permitted by applicable law, the Company does not accept any liability for Seller Content or any obligation to verify the accuracy of information contained in Seller Content. Bidders are encouraged to inspect vehicles and to make appropriate enquiries of Sellers.

3. Seller's Undertakings

The Seller undertakes and warrants that:

  1. the Seller is the owner of the vehicle or is duly authorised as an agent for a principal who is the owner to sell the vehicle, and the principal and agent shall be jointly and severally liable as such to sell the vehicle;
  2. the Seller sells the vehicle with full title guarantee free from all liens, charges, encumbrances, and third-party claims or, where the seller is the executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he/she may have in the vehicle;
  3. the Seller will complete any governmental or regulatory registration requirements necessary to complete a sale of the vehicle;
  4. the Seller has provided all the information in their possession about the vehicle, including ownership and service history, details of all faults and repairs, and any other information about to the history and condition of the vehicle;
  5. the vehicle is not connected with or derived from any criminal activity, including without limitation tax evasion, money laundering or terrorist financing;
  6. neither the Seller (nor any principal for whom the Seller is acting) nor any of its or their owners, directors, or controllers, are subject to international sanctions under UK, EU or US or other sanctions regimes, or are based in a country subject to any such sanctions regime;
  7. while the Company may assist Seller in the creation of the vehicle listing (including the content of such listing) as part of the Service, Seller will ensure the accuracy of the respective listing, and shall bear full responsibility therefor.

Seller and Buyer (not the Company) are responsible for negotiating and consummating a sale transaction.

4. Bidding and Auction

A. Reserves

In connection with the Service, Sellers agree to provide to the Company a reserve amount indicating the minimum price at which the Seller will make a sale of the applicable vehicle (the “Reserve”) prior to the Company’s publication of the Seller’s listing), or to confirm that the vehicle is to be offered for sale without Reserve.

Sellers acknowledge and agree that if a vehicle is offered for sale without Reserve, there will be no minimum price for that vehicle and that the vehicle may not be withdrawn from sale by the Seller once a Bid, no matter at what level, has been placed on that vehicle.

B. Bids

Each Buyer acknowledges and agrees that:

  1. Each Bid submitted via the Service is binding on the Buyer and, if that Bid is the highest Bid at the point the Auction ends and the vehicle Reserve has been met (“the Successful Bid”), it commits the Buyer to the purchase of the vehicle from the Seller at the Purchase Price;
  2. In placing a Bid, the Buyer agrees to pay to the Company (OTHER: 6% USA: 5% UK: 6% EU: 6%) of the Successful Bid value (capped at a maximum $5,000/£5,000/€6,000/CHF 6,000 plus VAT) or a minimum of $500/£500/€600/CHF 540 + VAT (in either case, “the Deposit”), should their Bid be the Successful Bid;
  3. The Deposit will be taken from the Buyer’s credit or debit card at the point their Bid is the Successful Bid;
  4. The Buyer is responsible for all applicable government fees and taxes for vehicles purchased by them via the Service.
  5. Buyers are responsible for arranging delivery or collection of purchased vehicles and neither Sellers nor the Company are responsible for any shipping or delivery fee.

Seller and Buyer (not the Company) are responsible for negotiating and consummating a sale transaction.

We strongly recommend that an in-person inspection of vehicles by or on behalf of Bidders takes place; the Buyer acknowledges and agrees that the Company bears no risk associated with purchasing of a vehicle listed via the Service, whether or not any inspection is performed.

The Company reserves the right to carry out such financial and identity checks into Users as it deems necessary to meet its legal and regulatory obligations and to suspend, postpone or cancel any transaction at any point without liability to any User for any vehicle withdrawal, sale cancelation or postponement should it identify a potential breach of such legal and regulatory obligations.

5. Buyer's Undertakings

The Buyer undertakes and warrants that:

  1. the Buyer will complete any governmental or regulatory registration requirements necessary to complete a sale of the vehicle;
  2. funds used to purchase the vehicle are not connected with or derived from any criminal activity, including without limitation tax evasion, money laundering or terrorist financing;
  3. that if the Buyer is acting for another party (their principal) they will disclose the identity of that principal to the Company and assist with such steps as the Company may require to allow the Company to undertake such identity and related checks into the principal as the Company may determine;
  4. neither the Buyer (nor any principal for whom the Buyer is acting) nor any of its or their owners, directors, or controllers, are subject to international sanctions under UK, EU or US or other sanctions regimes, or are based in a country subject to any such sanctions regime.

6. Payments, Breach of Terms, Account Cancellation

a. Fees

Certain aspects of the Service require fees to be paid to the Company, including the Deposit made by Buyers in connection with a Bid and any Seller’s fees or Seller listing fees. By electing to use paid aspects of the Service, Buyers and Sellers agree to the pricing terms, which are incorporated herein by reference.

The Company may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion, although fees and charges for specific services already ordered (for example vehicles already listed) will not be altered.

The prices listed by Sellers on the Service exclude government fees and taxes (including, if applicable, sales tax), registration and titling fees, regulatory and electronic processing charges, inspection charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final Purchase Price of a particular vehicle. Amounts listed on the Service are in UK Sterling (GBP), in Euro (€) or in United States Dollar ($).

b. Payment Information

All payments made by the Buyer to the Company shall be facilitated through Stripe, Inc., the Company’s third party payment processing service. We do not accept cash. The Company does not directly capture or store any payment information. Buyers authorise Stripe Inc to pre-authorise any amount applicable to fees payable to the Company in connection with Successful Bids and agree that payment collection will be subject to Stripe’s terms of service which can be found at https://stripe.com/us/terms.

Buyers agree that all information that Buyers provide in connection with use of the Service will be accurate, complete and current.

Users acknowledge and agree to the Company’s and Stripe Inc’s rights to perform financial and background checks on Users when either we or Stripe Inc deem it necessary to meet legal obligations under Money Laundering and other regulations, and our right, without incurring liability to anyone, to decline to complete any transaction (at any stage) where we deem it necessary to avoid potential breach of such obligations.

c. Breach by the Buyer

In the event that the sale of the vehicle to the Buyer is not completed because of any breach by the Buyer of these Terms, the Buyer undertakes to compensate the Company in full in respect of the Seller's Commission that would have been payable had the Buyer not been in breach.

d. Account Cancellation

Users may cancel their Company account at any time; however, there are no refunds for or in connection with cancellation absent a breach of these Terms by the Company, provided that Seller’s fees may be refundable by the Company solely prior to a Seller’s listing being published. In the event that the Company, acting reasonably, suspends or terminates a User’s account or this Agreement, the User understands and agrees that it shall receive no refund or the return of any content or data associated with that account, apart from as provided under our Privacy Policy.

Buyers with complaints about vehicles purchased from Sellers through the Service should contact the Seller directly. Buyers who are UK or EU consumers and who purchase vehicles from trade Sellers, may have certain cancellation rights [see FAQ].

7. Collection of the Vehicle

Unless otherwise agreed in writing by the Seller, the sale of the vehicle will complete within 7 days of Auction end. The Seller will only release the vehicle to the Buyer once the Seller has received cleared funds to the amount of the Purchase Price less the Deposit (OTHER: 94% USA: 95% UK: 94% EU: 94% of the Purchase Price, taking into account the actual amount of the Deposit paid to the Company under section 4 above).

The Buyer will collect and remove the purchased vehicle at the Buyer’s sole risk and expense.

The Buyer will be wholly responsible for packing, handling, insurance and transport of the vehicle on collection and for complying with all import or export regulations in connection with the vehicle and any taxes or duties applicable to the purchase and transport of the vehicle.

If the Seller has stored the vehicle with the Company during the Auction and the vehicle is sold, the Buyer will be wholly responsible for any removal, insurance, storage or other charges or expenses incurred by the Company in the event the Buyer does not remove the vehicle within 7 days of Auction end, and the Buyer will indemnify the Company against all charges, costs, including any legal costs and fees, expenses and losses suffered by the Company by reason of the Buyer’s failure to remove the vehicle, including any charges due from any third party storage provider. All such sums due will be payable on demand.

8. Indemnity

Users agree to defend, indemnify and hold harmless the Company and its parent(s), subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. the User’s use of and access to the Service, including any data or content transmitted by them,
  2. their violation of any term of these Terms, including without limitation their breach of any of the representations and warranties above,
  3. their violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights,
  4. their violation of any applicable law, rule or regulation,
  5. (if a Seller) their Seller Content or any content that is submitted via the Seller’s account including without limitation misleading, false, or inaccurate information,
  6. their wilful misconduct,
  7. any other party’s access and use of the Service with the User’s unique username, password or other appropriate security code.

9. User Accounts

In order to use our Service Users will be required to register. During registration we may be required to collect Users’ credit or debit card details, full name, email, date of birth and nationality. If the User is a company, we will require the company’s full name, registered address and full name of the owner of the company and other information when registering. Personal information collected will be subject to our Privacy Policy. The information you submit to us through the Service, including as part of your account creation, registration or for any listings, must be truthful, accurate and complete. You are responsible for updating and maintaining the accuracy of such information. We have the final discretion in granting accounts and reserve the right to reject or suspend Users or terminate access to the Service.

10. Use of the Service

When using the Service, Users are responsible for their use of the Service, including for any use of the Service made using their device. Users agree not to access, copy, or otherwise use the Service, including the Patina brand and the Company’s intellectual property and trademarks, except as authorised by these Terms or as otherwise authorised in writing by the Company. Users agree that they:

  1. will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Patina servers than a human could reasonably produce in the same period of time by using a conventional on-line web browser (except that the Company grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, but not caches or archives of such materials);
  3. will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform or the Service;
  4. will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. will not upload invalid data, viruses, worms or other software agents through the Service or Platform;
  6. will not collect or harvest any personally identifiable information, including account names, from the Service or Platform;
  7. will not access the Site or Service through any technology or means other than those provided or authorised by the Service or Platform;
  8. agree not to impersonate any person or entity or misrepresent their affiliation with any person or entity;
  9. will use the Service only in a safe manner and in compliance with all laws, and explicitly agree that they will not use the Service or the Platform for any criminal communications or transactions or for transmitting any child pornography or other offensive or criminal material;
  10. will not post Content that is harmful to any third party, illegal, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, libellous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive. They further agree that they will immediately and without objection remove content on the Platform or any other service provided by the Company if so requested by the Company for any reason;
  11. will not hold the Company responsible for Users’ use of the Service;
  12. will not violate any requirements, procedures, policies or regulations of networks connected to the Company;
  13. will not to interfere with or disrupt the Site, Platform or the Service;
  14. will not hack, spam or phish us or other Users;
  15. will provide truthful and accurate Seller’s Content and any other Content;
  16. will not violate any law or regulation in their use of the Service and accept that they are solely responsible for any such violations by them;
  17. will not use the Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
  18. will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of the Site, including the de-indexing or de-caching of any portion of the Service from a third party’s website, such as by requesting its removal from a search engine;
  19. will not upload any Content to the Site or Platform that includes any third-party intellectual property, unless they have permission from the owner to use it in the specific manner in which they are using it;
  20. will provide us, upon request, confirmation of your identity, source of funds, or other documentation as we may need in connection with legal or regulatory requirements, audits or investigations.

If a User is discovered to be undertaking any of the above actions, their privileges to use the Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of use of any of our Services (and will do as required by law for business Users), but we are not otherwise required to do so and subject to the above, the Company reserves the right to suspend or terminate any account at any time without notice or explanation if we become aware of a breach of these Terms.

The Service and any Content is for general information, discussion and entertainment purposes only. The Company has no obligation to monitor or action any Content but reserves the right to delete or modify such in its sole discretion, or take further remedial action, including suspension or termination of your access to the Service.

You assume all risks with respect to your Content or use thereof, including without limitation any reliance on it by others, or disclosure that makes you personally identifiable. The Company shall have no liability for or obligation in connection with your interactions with other Users, or for any User’s action or inaction and shall be under no obligation to become involved in the event of a dispute between you and another User, including without limitation if such dispute is related to a vehicle sale or purchase transaction.

11. Modification of the Service

We reserve the right to alter, update, or remove the Service from a User’s system at any time, or demand that the User does so. We may conduct such modifications to the Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

In respect of Users using the Platform in the course of their business, or trade, we will notify you by email of non-legally required or security driven changes at least 15 days before such changes take effect.

12. Service Availability

We do not guarantee that the Service will always be available, work, or be accessible at any particular time.

13. Compliance with All Laws and Regulations

Users must comply with all national, local, state, or federal laws regarding their use of the Service. The Company is not responsible for any User’s violation of any laws while using the Service and is not responsible for the posting of any Content by Users, but will consider written requests to take down information in a timely manner if we, in our sole discretion, consider it appropriate to do so.

14. Intellectual Property Rights

The design of the Service along with Company created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Service and the Site. Users agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.

You hereby grant to the Company, and you represent and warrant that you have the right to grant, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and rights of attribution with respect to your Content. You further represent and warrant that your Content does not infringe any third party intellectual property rights, trademarks or publicity rights.

15. Copyright Takedown Notice

We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:

  1. Your name
  2. The name of the party whose copyright has been infringed, if different from your name;
  3. The name and description of the work that is being infringed;
  4. The location on our website of what you consider to be the infringing copy;
  5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
  6. A statement that you swear, under penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our copyright agent at hello.us@themarket.bonhams.com.

16. Our Copyright

Users are allowed to share the Company’s own content published on the Platform and other Users’ Content through the functionality of our Service. However, Users agree not to otherwise copy, distribute, display, disseminate, or reproduce any of the information on the Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on the Service. Users’ copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of the Service, but may also infringe a third party’s copyright. Users agree that this section might limit their rights more than the simple application of intellectual property law would in their location, and constitutes a contractual obligation binding to Users beyond the applicable intellectual property laws.

17. Access to Our Service and Limited License

The Service is provided “AS IS”. Users agree that the Service may not always be error free, continuous or undisrupted. We may at our discretion modify, update, delete, disable or otherwise discontinue the Service.

We grant Users a revocable, non-exclusive, personal, licence to access the Service. This licence is subject to compliance with these Terms and our Privacy Policy.

Users agree not to access the Company’s content and User’s Content through any technology or means other than through the Site or the Service or otherwise authorised by us.

18. Age Compliance

The Service may only be used by persons 18 years and older. If you are under 18 please stop using the Service and please do not submit any information to us.

19. AS-IS DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY; RELEASE

A. AS-IS DISCLAIMER OF WARRANTIES

As noted above, vehicles are sold by Sellers not the Company, and the Service and any Content is provided on an “AS IS” and “AS AVAILABLE” basis; WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, TO THE FULL EXTEND PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION USER CONTENT. To the full extent permitted by law we do not offer any warranty or guarantee or accept any liability for Seller Content or other Content, for any description (or any error or omission therein) provided by the Seller or on the Seller’s behalf for any listed vehicle, for the use or misuse by any third party of the Site or regarding the operation of the Site or the Platform.

No statement, information or illustration set forth on the Service, in any advertisement, notice or any other writing or any oral statement shall be deemed to create any warranty or representation by the company concerning any vehicle listed on the Service, including without limitation with regard to the availability, condition, quality, performance, roadworthiness, description (including the accuracy or completeness of any description, age, size, genuineness, attribution, provenance, title, registrability, of any vehicle is solely with the Buyer.

Prospective Buyers are strongly encouraged to conduct their own independent inspection and investigation of the any vehicle listed on the Service, including all accompanying documentation to be provided by the Sellers, to satisfy themselves as to all aspects of any vehicle prior to bidding thereon.

The Company cannot ensure that a Buyer, Seller or other third party you are dealing with will actually compete the transaction or has authorization to do so, and will not be a party to or responsible for the consummation of any transaction.

B. LIMITATION OF LIABILITY

Each User and expressly acknowledges and agrees that in no event will the Company, including its parents, subsidiaries, affiliates, and our and their officers, directors, employees, agents and representatives, be liable for any damages including, without limitation, any special, compensatory, incidental, punitive or consequential damages, or any loss of business, profits, revenue or income, or for loss of business or reputation, time or opportunity, or for indirect or consequential losses of any kind, arising from or related in any way to this Agreement whether any of the above results from negligence, breach of contract, statutory duty or otherwise, each and all of which are expressly waived hereby.

Notwithstanding the above disclaimers, in the event we were to be found to be liable under this Agreement, the maximum amount of such liability shall be limited to the amount of commission received or anticipated by the Company under the applicable sale, irrespective of how such liability arises, whether from negligence, breach of contract, statutory duty or otherwise.

Nothing in this section 18 will exclude or restrict our liability (or affect another person’s rights) in respect of: fraud, death or personal injury caused by our negligence, acts or omissions under the Occupiers Liability Act 1957, applicable statutory consumer rights and protections, and other liabilities, to the extent they cannot be excluded or limited as a matter of applicable law.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

C. RELEASE

If you have a dispute with one or more Users, you irrevocably and unconditionally waive and release your rights (if any) to recover from the Company (and our parents, affiliates and subsidiaries, and our and their respective officers, directors, employees, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Users who are California residents waive California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

20. Choice of Law

This Agreement shall be governed by the laws in force in England and Wales and subject to the jurisdiction of the courts of England and Wales. The offer and acceptance of the service contract formed by acceptance of these Terms of Service is deemed to have occurred in England.

21. MISCELLANEOUS

If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

The Agreement, our Privacy Policy, the FAQs and all terms and polices posted or publishes on or in our Service set forth the entire understanding and agreement between you and the Company, and supersede all prior understandings and agreements as between you and the Company.

Except as otherwise specified herein, promise or representation by us or any of our agents or representatives shall bind us unless contained in a writing signed by us.

Any notice given hereunder must be in writing. You agree that any notices, agreements, disclosures or other communications that we send to you electronically (via email) will satisfy any legal communication requirements, including that such communications be in writing.

No act or omission of the Company, its employees or agents, nor any failure thereof to exercise any remedy hereunder, shall operate or be deemed to operate as a waiver of the Company’s rights under this Agreement.

Unless otherwise explicitly set forth herein, these Terms apply to the Company and its affiliates only and do not cover other companies such as third parties that may advertise products or services on the Service or any third-party platforms or channels that you may use to access the Service, Platform, or any User Content.

NOTICE TO CALIFORNIA USERS: Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Contact Us

If you have any questions about this Agreement, you may contact us by email at hello.us@themarket.bonhams.com.