TERMS & CONDITIONS OF SALE
1. General Rules
Each lot in this catalogue webpage is subject to the following Terms & Conditions of Sale ("Terms & Conditions"), as supplemented in writing or otherwise by Jointwells (HK) Culture Development Limited ("Jointwells") prior to the sale. By registering to bid at auction, by placing a bid or offer by any means, or by purchasing a lot or property after-auction/after-sale or private sale, whether or not the lot or property is included in the present auction, you agree to these Terms & Conditions, including those available by hyperlink at our website. We may amend these Terms & Conditions at any time by posting the amended terms on our website. Except as stated below, all amended terms shall automatically be effective on a prospective basis once they are posted on our site. These T&C may not be otherwise amended except in a writing signed by you and Jointwells.
2. Definitions and Interpretation
2.1. "Jointwells", "the Company", "we", "us", "our" or other similar pronouns means Jointwells (HK) Culture Development Limited. Unless otherwise stated, Jointwells (HK) Culture Development Limited acts as the Seller's agent.
2.2. "Seller" means any natural person, legal person, or organization, who or which considers, carries out or attempts to sell or post an advertisement in any way on Jointwells's Digital Platform. A Seller shall include any of its agents, executor of the will and personal representatives, unless or otherwise specified herein or required in a particular context;
2.3. "User", "you", "your", "yours" or other similar pronouns means the user, who is any natural person, legal person, or, in the case of an organization, any organization's representative, of any online platforms or digital platforms where the Company has placed an auction, an invitation to treat or an advertisement for sale.
2.4. "Bidder" means any person, company, body corporate or other organizations, who or which considers, carries out or attempts to bid in any way on Jointwells's Digital Platform. A Bidder shall include any of its agents unless as otherwise specified herein or required in a particular context;
2.5. "Buyer" means the Bidder whose bid or offer is recognized by an Auctioneer as the highest bidder for a product or goods in an auction held by the Company on an online or digital platform.
2.6. "Lot" means any item consigned by a Seller to the Company for auction and so auctioned in any auction held by the Company on an online or digital platform.
2.7. "Reserve" means the confidential minimum selling price for a Lot that the Seller has confirmed with the Company.
2.8. "Auction Date" refers to the period on which an auction is formally held, as announced by the online or digital platform.
2.9. "Sale Date" refers to the date is the day where an auction is concluded by the online or digital platform.
2.10. "Online or Digital Platform" or "Digital Platform" refers to the online platform provided by invaluable.com.
2.11. A "bid", alongside with the literal meaning, may also refer to an offer made by the Bidder or purported buyer. An offer is considered to be made by a Bidder when pressing the "BUY NOW" button on the Digital Platform.
2.12. An "auction", alongside with the literal meaning, may also refer to an invitation to treat, a post or an advertisement placed on the Digital Platform.
2.13. The terms "he," "him," "his," and "himself," where used in this Agreement, shall refer to both the masculine and feminine genders, as the case may be. Depending on the situation, such terms shall also refer to companies, organisations or other legal entities that is not a natural person.
3. THE BIDDER AND THE BUYER
3.1. Representation
THE BIDDER AND THE BUYER REPRESENTS THAT (a) your access to and use of the Digital Platforms will be in accordance with, alongside with the terms and conditions of the Digital Platform, these Terms & Conditions and all applicable laws, rules and regulations; (b) you are of the age of 18 or of the legal age of the jurisdiction you reside in, whichever is older, to enter into a binding contract; and (c) you agree that disputes between you and us will be resolved by individual arbitration or by individual law suit, except as otherwise provided herein, and you waive your right to participate in a class action lawsuit or class-wide arbitration of any jurisdiction.
3.2. Auction Registration
3.2.1. Regardless if the Bidder is a natural person, a company, an organisation or other legal entities, before the Auction Date, he shall create and register an account on the Online or Digital Platform before participating in an online auction organised by the Company on the online or digital platform.
3.2.2. The Company retains the right to request further registration to be made by the Bidder with the Company in the following manners:
(a) If the Bidder is a natural person, the Company may require the Bidder to fill in and sign the registration document with an identity document with photo issue by the Government, and provide proof of his current address.
(b) If the Bidder is a company, an organisation or other legal entities that is not a natural person, the Company may require a representative to fill in and sign the registration documents with its valid certificate of incorporation and proof of shareholding and legitimate authorisation document.
3.2.3. When the Company exercise the discretion as stipulated in section 3.2.2, the Company may restrain a Bidder from participating in any of its auctions on the Digital Platform until all documents are signed, executed and duly submitted.
3.3. Auction Deposit
3.3.1. Before a Bidder participates in an auction of the Company, the Company retains the right to request a Bidder to advance an auction deposit. The amount of the auction deposit will be announced by the Company before the Auction Date, and the Bidder is not entitled to any form of interest. The Company has the right to waive the auction deposit.
3.3.2. If the Bidder does not purchasing anything in the auction, by not placing a bid or failing to win a bid, the auction deposit will be returned to the Bidder in full within 14 working days after the end of the auction. If the Bidder owes any sum to the Company, the amount owed will be reduced before being returned to the Bidder.
3.3.3. If the Bidder succeeds in purchasing a Lot, the auction deposit shall serve as part of the payment of the Purchase Price.
3.4. Identity of the Bidder
3.4.1. The user account created on the Digital Platform is the only proof of a Bidder's qualification to participate in an auction held by the Company. The Bidder must therefore take good care of his credential and shall not entrust the account and password to a third party. In the event of a Bidder losing his password or for whatever reason unable to access his account, the Bidder should inform the Administrators of the Digital Platform and the Company immediately.
3.4.2. The Bidder must mitigate his loss as much as possible by resetting his password immediately in accordance to the policy of the Digital Platform.
3.4.3. Without prejudicing the foregoing, the person using the account on the Online or Digital Platform will be deemed to have apparent and ostensible authority to act for and on behalf of the registered owner of the account. Save for the situations where 3.4.1 applies, any bids made by the online account in an auction will be deemed valid and bidding on the registered holder.
3.4.4. The Company can request a written certificate or identification documents to be produced by a Bidder before an Auction Date.
3.5. Lots for Sale
3.5.1. The Company's perception of all Lots relies on the information provided by the Seller, the Company will not carry out any comprehensive inspection to verify the quality and authenticity of the Lots. The Bidder shall be solely responsible for inspecting and verifying the quality and authenticity the Lots. All objects put up for auction may be viewed, examined and inspected prior to the sale by appointment. Bidders and their agents are advised to personally examine any property on which they intend to bid prior to the auction.
3.5.2. Item overview, catalogue descriptions and information about the Lot, including any written or verbal forecast information, commentaries, estimated values, are created in a reasonably prudent manner, but are OPINION ONLY and not statement of facts, and the descriptions do not fall under any statutory paragraph for guaranteed legal characteristics. In certain feasible situations, the Company may provide status reports of a particular Lot. Information provided in any catalogues or status reports can be changed at the sole discretion of the Company from time to time without prior notice to any Bidders.
3.5.3. Any introduction and appraisal of any Lot made by the Company and its employees or its agents in anyway (including the certificate, catalogue, slideshow and new media) are only opinion for reference and do not constitute any guarantee for the Lot. The Company and its employees or its agents shall undertake no liability for any inaccuracy or omission in the aforesaid introduction or appraisal.
3.5.4. Due to the different methods used by online auction bidding platforms to upload images, which can result in the distortion of, or addition to, a particular object, and the colour, tone, colour, hue, saturation, graduation and shape differentiation and variation of various computer monitors, and other factors relating to the Internet, the picture and images are for guidance purposes only and there are absolutely no returns due to variations between images as pictured in the online catalogue and the actual object itself. The original Lot shall take precedence.
3.5.5. Catalogues and status reports, if any that is uploaded onto the Digital Platform, may make reference to damage, defects or restorations. Such information are for guidance only, without legal obligation, and the absence of such a reference does not imply that an item is free from defects, damage or restorations, nor does a reference to particular defects imply the absence of any others. There may be other defects of the Lots that are not clearly indicated in the catalogue or the status report.
3.5.6. All Lots are sold on an "as is" basis and there will be "no returns based on conditions". Many items are of considerable age and will exhibit wear, usage, and damage often NOT LISTED IN THE CATALOGUE ENTRY. Some descriptions in the catalogue refer to specific damage and/or restoration, and while we provide this information for guidance only, without legal obligation, the absence of condition remarks in the catalogue DOES NOT mean the item is in perfect condition. Condition is in the eye of the beholder. When we list condition information for a Lot, it is our opinion only. The absence of condition information does not mean the item is in perfect condition.
3.5.7. By entering an auction, placing a bid, or pressing the "BUY NOW" button on a computer operating system, a tablet or phone, the Bidders and their agents are deemed to have carried out thorough examination of the Lot.
3.5.8. The Bidders and their agents hereby agree to waive the rights to claim against the Company, the Company's agent and the Seller for any direct, actual, special, indirect, consequential or punitive damages arising out of, in connection with, or as a result of an act or omission of the Company or its agent on the basis of breach of contract, negligence, misrepresentation or other causes of actions under common law, statutes or Ordinances to the fullest and furthest extent as the law permits.
3.6. Special Items
3.6.1. All information provided in our auction catalogue are for reference only, they are considered to be opinions and not statement of facts.
3.6.2. Jewellery Items
(a) Statements about the status of jewellery items are usually set out in the catalogues. However, the absence of such statement does not imply that the item is free from defects, flaws or enhanced beautification.
(b) Gemstone enhancements, such as heat-treatment, oiling and radiation processing, are common practices that have been approved and adopted by the international jewellery community and are often applied to gems (such as rubies, sapphires, emeralds and other type of coloured gems) to improve their appearance and wearability at the cost of reducing the hardness of the gemstone. Special maintenance and care may be required.
(c) The Company will not request any appraisal reports from professional organisation nor issue any such reports for any jewellery items. If a jewellery item has obtained an appraisal report from a recognised gem laboratory, the Company will specify it in the item overview, description or auction catalogue.
(d) Opinions between laboratories may differ as to how a gemstone has been treated. The Company is not responsible for the accuracy of these appraisal reports.
(e) If a Bidder or a Buyer would like to request an appraisal report be produced by a specific laboratory, a request in writing must be summited at least 14 working days before the auction date. The cost for such application will be borne by the respective Bidder or Buyer making the application.
(f) Once a Bidder has placed a bid, the Bidder is deemed to have accepted the current status "as is" of the bidding item. All Bidders are advised to make necessary requisitions regarding the item they are bidding before placing a bid.
(g) Since 2003, the US government, together with other countries such as Canada and the EU, have banned products from Burma to be imported. All Bidders are advised to make necessary requisitions regarding international sanctions against Myanmar and products of Burmese origins, including export/import arrangements. The Company will not be responsible for any loss that was caused by any international sanctions or import bans of certain products.
3.6.3. Watches and Timepieces
(a) As mentioned above, all information provided on the Digital Platform and our auction catalogue are for reference only, they are considered to be opinions and not statement of facts.
(b) Statements about the status of watches and timepieces are usually set out in the catalogues or item overview. However, the absence of such statement does not imply that the item is free from defects or flaws.
(c) Most watches and timepieces have been repaired and maintained before, the Company does not guarantee all parts and components are brand new or were made by the original manufacturer.
(d) The Company does not guarantee all parts and components of a particular watch or timepiece are still available in the market.
(e) Watches and timepieces generally have very sophisticated mechanisms, some may require further repairs, maintenance and/or battery replacements. Unless expressly mentioned in the catalogue, the Company will not provide any certificates regarding the working condition of any watches or timepieces.
(f) Some watches and timepieces provide certain level of water-resistance or waterproofing functions out of the box. However, most watches and timepieces have been repaired and maintained before, which may affect the level or water-resistance or its ability to resist water and hydrostatic pressure exerted by moisture in liquid state. The Company advises all Buyer to consult professional watch maker to inspect the level of water-resistance or waterproof before using the watches or timepieces underwater.
3.6.4. Alcoholic Beverages
Statements about the status of alcoholic beverages are usually set out in the catalogues or item overview. However, the absence of such statement does not imply that the item is potable, consumable and free from defects or flaws.
3.6.5. Handbags
Statements about the status of handbags are usually set out in the catalogues or item overview. However, the absence of such statement does not imply that the item is free from defects or flaws.
3.7. Reserve and Estimate
3.7.1. So far as the Digital Platform permits, the Company retains the right to issue an Estimate of a particular Lot and set a Reserve for a particular Lot.
3.7.2. When an Estimate is issued before the Auction Date, it does not serve as a selling price and is not legally binding on any parties. It is not intended to be used as a forecast or prediction of the final Purchase Price of the Lot. The Company has the rights to revise and amend the Estimate without notifying any of the Bidders.
3.7.3. Unless otherwise indicated, all Lots are subject to a Reserve. Normally, the Reserve is not higher than the Lot's lowest Estimate that is announced before the auction or published before the auction by the Company.
3.7.4. If a Reserve has not been set for a particular Lot, the Auctioneer, in his discretion, may determine the starting price, but this shall not be higher than the lowest Estimate of the Lot before the auction. This paragraph does not apply if the auction has already begun and bidding has already been entered by a Bidder.
3.7.5. Under no circumstances shall the Company bear any liability when the bids for a Lot do not reach the Reserve. If the bids are lower than the Reserve, the Company, in its own discretion, may sell the Lot at a price lower than the Reserve. If the Company decides to exercise this discretion, the amount the Company shall pay the Seller shall be equivalent to that as if the Lot was sold at the Reserve.
3.8. Discretion of the Company
The Company hereby reserves the following rights:
(a) to decide the initial price of a Lot;
(b) to review the initial price when there is no bidding at such price;
(c) to bid on behalf of the Seller up to the amount of the Reserve, either by placing consecutive bids or by placing bids in response to other Bidders;
(d) to decide the level of bidding increments;
(e) to forbid anyone from participating any auctions organised by the Company. Any bidding entered by that person will not be recognised by the Company;
(f) to withdraw, divide or combine any Lots for auction at any time;
(g) in the case of technical error, to decide the successful Bidder or to adopt other appropriate actions, including but not limited to cancelling the auction and rearrange a substitute auction;
(h) in the case where it is not an auction but an invitation to treat or an advertisement to sale, to decide the Sale Price and the successful Bidder of a Lot;
3.9. Successful Bid
3.9.1. Subject to the discretions stated in the above section, a successful bid will be confirmed by the digital platform or any other manner deemed suitable by the Company.
3.9.2. The highest Bidder will be the Buyer of the Lot.
3.9.3. The price offered by the highest Bidder will be the Purchase Price.
3.9.4. The price proposed by the highest Bidder shall constitute an offer to the Company and the Company is at liberty to either accept or reject the offer.
3.9.5. Any shipping arrangements and related additional charges put forward by the Company shall not be considered a counter-offer by the Company.
3.10. Passing of Ownership (Retention of Title)
The Seller shall retain full legal and equitable title to and ownership of the Lot notwithstanding the delivery of the Lot to the Buyer. The title and ownership shall pass to the Buyer once the purchase price, together with all monies that the Buyer owes the Company, is received by the Company in full.
3.11. Passing of Risk
The risks of the Lot shall be borne by the Buyer after the occurrence of one of the following events, whichever is earlier:
(a) The Buyer has collected the Lot;
(b) The Buyer has fully paid the purchase price to the Company; or
(c) Thirty days after the Sale Date, Sale Date included.
The Buyer is personally responsible for buying insurance for the Lot after risk has passed.
3.12. Taxes
3.12.1. Unless otherwise stated or agreed, all the monies that the Buyer pays to the Company are net amounts, which shall not include any tax on goods, tax on services, import and export tax or other value-added tax (whether levied by the government of Hong Kong or other regions).
3.12.2. Unless otherwise stated or agreed, the Buyer shall bear all applicable taxes, duties, tariffs, insurance and pre-agreed charges applicable.
4. Payment
4.1. The Digital Platform requires all Bidders and Buyers to fill in the payment information column before placing a bid, in which details of a valid credit card is duly inserted.
4.2. After an auction, the Buyer shall pay the Purchase Price together with all the commission and fee incidental to the sale immediately or within 7 days after the Sale Date (including the Sale Date).
4.3. Unless otherwise agreed, payment will be made to the digital platform and will be transferred to the Company subsequently in accordance to the policy of the Digital Platform.
4.4. All payment intended to be made to the Company shall be made in Hong Kong Dollar. Should the Buyer pays in a different currency other than Hong Kong Dollar, the exchange rate will be determined either by the User's credit card, the digital platform, bank and/or financial institution responsible for the transaction. The Buyer shall be liable to pay any surcharge incurred during the process of payment.
4.5. The Company does not accept payment for any third party other than the Buyer. The Company retains the right to request the Buyer to provide written evidence of the source of any payment made to the Digital Platform or to the Company directly.
4.6. If the Buyer fails to pay the Purchase Price in the manner as stipulated above, the Company, after notifying the Buyer, is at liberty to exercise one or more of the following rights: -
(a) the right not to refund any auction deposit paid to the Company, if any;
(b) the right to appoint a third-party to collect the Purchase Price;
(c) the right to commence legal proceedings against the Buyer at the appropriate court or arbitration centre for all the losses incurred by the Company;
(d) the right of lien;
(e) the right to move the Lot to a different storage location and charge the Buyer for storage thereafter, up to an amount of HK$1,000 per Lot each month (for storage less than one calendar month, a full month will be charged), and any transportation, packing, insurance and/or other additional costs incurred by the Company; and/or
(f) the right to sell the Lot in a public auction or by a method it considers suitable.
(i) If the new Purchase Price exceeds the original Purchase Price, after the deduction of all the losses and expenses incurred by the Company, any exceeding sum shall be returned to the Buyer. The Company will then attempt to contact the Buyer for the transfer of the proceeds, however, if the Buyer is not discoverable even with diligence search and reasonable inquiry after 24 months, the balance shall be deposited to a Hong Kong court by the Company. The Buyer is not entitled to any forms of interest.
(ii) If the new Purchase Price is lower than the original Purchase Price, the Buyer will remains to be liable to the differences between the two figures plus all the losses and expenses incurred by the Company.
4.7. The Company retains the right not to accept a payment and shall not be liable for refusing a payment if, due to a lack of information or for any other reason whatsoever, the Company, in its sole judgement and discretion, acting reasonably determines that such payment might cause it to be in non-compliance with any applicable anti-money laundering, anti-terrorist or economic sanction legislation, regulation, code or guideline.
4.8. Should the Company, in its sole judgement and discretion, acting reasonably, determines at any time that a payment received has resulted in its being in non-compliance with any applicable anti-money laundering, anti-terrorist or economic sanction legislation, regulation, code or guideline, it shall have the right to rescind the contract and return the payment to the payer.
5. Collection and Transportation of Lot
5.1. Storage and Collection
5.1.1. After the Bidder is determined to be a Buyer and made a successful purchase by placing the highest bid or pressing the "BUY NOW" button, the Company will contact the Buyer to coordinate shipping.
5.1.2. The Buyer is at liberty to either (a) collect the Lot within 30 days from the Sale Date, Sale Date included, or (b) make a request to the Company to have the Lot shipped in the manner stipulated in section 5.2 herein.
5.1.3. In the case where the Buyer elects to collect the Lot, the person collecting the Lot at the Company's warehouse or other designated storage place must produce the following documents: -
(a) His ID card or other identification documents; and
(b) In the case where the collector is not the same person as the Buyer, an Authorisation Letter issued by and duly signed by the Buyer.
5.1.4. if the Buyer fails to collect the Lot within 30 days, the Company, after notifying the Buyer, is at liberty to exercise: -
(a) the rights of a bailee;
(b) the right to move the Lot to a different storage location and charge the Buyer for storage thereafter, up to an amount of HK$1,000 per Lot each month (for storage less than one calendar month, a full month will be charged), and any transportation, packing, insurance and/or other additional costs incurred by the Company; or
(c) the right to sell the Lot in a public auction or by a method it considers suitable. Any proceeds after the deduction of all the losses and expenses incurred by the Company shall be returned to the Buyer. The Company will then attempt to contact the Buyer for the transfer of the proceeds, however, if the Buyer is not discoverable even with diligence search and reasonable inquiry after 24 months, the balance shall be deposited to a Hong Kong court by the Company. The Buyer is not entitled to any forms of interest from the Company.
5.1.5. The Company or its agents will not be liable to any damage or loss caused by any reason during or after the Lot is moved or, in a case as described in sub-section (c) above, sold at a price lower than the market price.
5.1.6. The Company will retain the Lot until the full amount of the purchaser price, packing costs, moving costs, insurance expenses and other import/export related expenses are fully paid by the Buyer.
5.2. Transportation
5.2.1. The Buyer may also request the Company to arrange packing and transportation services. These services will be charged separately by the Company.
5.2.2. Transportation services generally includes, subject to availability and the nature of the Lot, ordinary post and express delivery service and the Buyer is at liberty to choose which service to be adopted.
5.2.3. Where the Buyer requests the Company to assist in transporting the Lot, the Company will arrange transportation within 10 working days after the all payments are settled by the Buyer.
5.2.4. The Company reserves the rights to refuse packing and transportation services for whatever reason.
5.2.5. Under no circumstances shall the Company be responsible for any damage of the Lot, including but not limited to glass, picture frame, box, backing sheet, case, mount, insert, rolling rod or similar auxiliary objects.
5.2.6. The Company shall be deemed to have delivered the Lot and the Buyer shall be deemed to have collected such Lot according to the ordinary procedure upon the Company's delivery of the Lot to the postal office, express delivery service provider or any transportation service provider.
5.2.7. Unless the Buyer demonstrates clear indication insurance should be used and insurance premium is duly paid, no insurance is provided in the process of transportation. The Company shall undertake no liability for any error, omission, damage or destruction of the Lot caused by the packaging company and/or the transportation service provider, regardless whether these service were designated by the Buyer or recommended by the Company.
5.3. Application for Import/Export Licences and Permits
5.3.1. The Buyer shall be solely responsible for obtaining any import and export licenses and/or permits necessary for the completion of delivering the Lot. Failure or delay in obtaining any permits required shall not be deemed as a reason for cancelling the purchaser or delaying the payment of the purchaser price.
5.3.2. If the Buyer requests the Company to apply for the import and export licences on its behalf, the Company has the right to charge service fees. The Company also does not warrant that the import or export license will be issued by any government bodies.
5.3.3. Unless otherwise stated or agreed, the Company and the Seller do not make declaration or warranty in respect of whether or not any Lot is subject to import or export restrictions or any embargo.
6. Miscellaneous
6.1. Obtaining Information from Users
6.1.1. In connection with the operation of an auction, the Company may, without seeking express consent from Bidders, make any recordings, including but not limited to in the forms of web browsing history, audio and video, of each auction organised by the Company.
6.1.2. Users, Bidders and Sellers hereby authorise, to the fullest extent permitted by the Law of Hong Kong, the Company to collect personal information from the User and any third parties for the purpose of providing comprehensive service to Users. For instance, the Company may request credit review from a bank or financial institute.
6.1.3. Users, Bidders and Sellers hereby authorise, to the fullest extent permitted by the Law of Hong Kong, the Company shall share the information collected in the manner stipulated in this sub-section to its Company's division, affiliates, subsidiaries or any third parties for the purpose of promotion, KYC, client analysis and for the purpose of completing an auction or sale on the Digital Platform.
6.1.4. Unless otherwise required by any courts, governments or regulatory bodies, the information collected in the manner stipulated in this sub-section shall be kept confidential by the Company, its division, affiliates and subsidiaries.
6.2. Right to Authenticate Certain Lot(s)
6.2.1. The Company may authenticate the Lot if necessary.
6.2.2. In case of any discrepancy between the authentication conclusion and the conditions stated in the consignment auction contract signed between the Company and the Seller, the Company shall have the right to request the contract to be modified. If the Seller does not comply with such request or refuse to comply with such request within 14 days, the Company shall have the right to rescind the consignment auction contract.
6.2.3. The Seller hereby waive the right to claim against the Company for any loss caused by such rescission.
6.3. Copyrights
6.3.1. Sellers hereby authorises the Company to reproduce all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) submitted to the Company in any auctions, posts, statements or advertisements, physical or digital.
6.3.2. The Seller, while being the content provider of the above section, agrees to indemnify the Company against any and all liabilities, including judgments, costs and reasonable counsel fees, for any copyright infringements by the Company reproducing the said contents.
6.3.3. Access by any Users, Bidders and Buyers does not grant them any right, title or interest in any element thereof, and the Company (or the content provider, our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
6.4. Exemption from Liability
6.4.1. Being an agent of the Seller, the Company shall assume no liability for any breach of contract by the Seller or by the Buyer. In case of breach of contract by either said parties, the Company shall have the right to disclose the other party's name and address to the innocent party so that the innocent party may commence legal proceedings against the breaching party
6.4.2. Unless otherwise stated or required by law, the Company shall not be held liable for any damages caused by errors, omissions, negligence or anything that might be considered misstatement of information or misrepresentation provided to the Bidders, verbally or in writing, including but not limited to the information contained in the catalogues and status reports mentioned hereinabove.
6.4.3. No guarantee, warranty or implied warranty shall be given to the Bidder other than the express warranty(s) that the Seller has entrusted the Company to make to the Buyer to the extent that the law permits.
6.4.4. Unless otherwise stated, the Company will not be held accountable to any Bidder for any actions that is conducted prior, during or after the auction or the sale of any Lots.
6.4.5. Without prejudice to the foregoing, any claim for compensation against the Company shall be limited to the Purchaser Price of the Lot. Under no circumstances shall the Company bear any consequential losses incurred by the Buyer.
6.4.6. This section does not exempt or restrict the responsibilities of the Companies in the following circumstances:
(a) Misrepresentations with fraudulent element made by the Company or the Seller; and
(b) The responsibilities of casualty or death caused by negligence or omissions of the Company or the Seller.
6.5. Notice
6.5.1. All agreements, notices, disclosures and other communications that the Company provides to and received from the Users, Bidders, Buyers and Sellers electronically satisfy any legal requirement that such communication be in writing.
6.5.2. The notices mentioned in this Terms & Conditions refer to written notices sent by letter or by fax.
6.5.3. Notices shall be deemed to have been served and duly received by the addressee in accordance to the following manner:
(a) A notice or demand served by post, ordinary, express or registered, in Hong Kong will be deemed duly served on the seventh day after posting.
(b) A notice or demand served by post, ordinary, express or registered, outside Hong Kong will be deemed duly served on the seventh day after posting.
(c) A notice or demand served by hand will be deemed duly served when it reaches the addressee.
(d) A notice or demand sent by telex or facsimile transmission will be deemed served at the time of transmission unless served on a non-Business Day or outside business hours, in which case it will be deemed served at 9.00 a.m. on the following Business Day.
6.6. Severability
6.6.1. If any terms or part of this Terms & Conditions are adjudged or confirmed by a Court to be void, illegal or unenforceable, the rest of the Terms & Conditions shall survive and remain valid and binding on all parties concerned.
6.7. Laws and Jurisdiction
6.7.1. The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought in an appropriate court sitting in the People's Republic of China Hong Kong Special Administrative Region ("Hong Kong SAR"), so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the region of Hong Kong SAR, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
6.7.2. Adjudication(s) promulgated by courts of the Hong Kong SAR shall be enforceable in the People's Republic of China.
