Welcome to parkebernet.com (the "Site"), operated by Auctions LLC ("Parke-Bernet," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Site, platform, and all related services, including bidding, buying, and consigning (collectively, the "Services").
Please read these Terms carefully. By accessing the Site or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.
1. Acceptance of Terms & Eligibility
- Binding Agreement: You agree that these Terms form a legally binding contract between you and Auctions LLC.
- Eligibility: You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our Services. If you are using the Services on behalf of a business, you represent that you have the authority to bind that entity to these Terms.
2. Your Account
- Registration: To participate in auctions, you must create an account. You agree to provide information that is accurate, current, and complete.
- Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials (username and password). You are fully responsible for all activities that occur under your account. You must notify us immediately at legal@parkebernet.com of any unauthorized use or security breach.
- Termination: We reserve the right to suspend or terminate your account at any time, for any reason, without notice, including for violation of these Terms or engaging in fraudulent, abusive, or illegal activity.
3. Bidding and Buying
- Binding Contract: A bid is a binding contract. If you place a bid, and your bid is the highest bid at the auction's close (and meets or exceeds any reserve price), you are obligated to purchase the item at the price you bid (the "Hammer Price"), plus the Buyer's Premium and any applicable taxes or fees.
- Buyer's Premium: A Buyer's Premium will be added to the Hammer Price of each lot and is payable by the buyer as part of the total purchase price. The applicable premium will be stated in the specific auction details.
- All Sales Final: All sales are final. We do not accept returns, exchanges, or offer refunds.
- "AS IS, WHERE IS": All property is sold "AS IS, WHERE IS" without any representation or warranty of any kind, either express or implied. Parke-Bernet and its consignors make no warranties or representations regarding the authenticity, condition, age, provenance, or value of any property. All catalog descriptions, photographs, and statements are for identification purposes only and are not warranties. It is the buyer's responsibility to conduct their own due diligence and inspection before bidding.
- Payment: Full payment is due within 1 business day of the auction close. We accept wire transfer, credit card (up to $5,000), and cashier's check. Title to the item does not pass until full payment has been received and cleared.
- Item Removal: The buyer is responsible for all costs related to the packing, insurance, and shipping of purchased items. Items must be removed from our premises within 14 days of the sale. Items left beyond this period may be subject to storage fees.
4. Consignor (Seller) Terms
If you consign property to us for sale, you will be required to sign a separate Consignment Agreement, which will govern the terms of our relationship, including commissions, fees, and the seller's representations and warranties.
5. Intellectual Property
All content on the Site, including text, graphics, logos, images, audio clips, and software, is the property of Auctions LLC or its content suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, distribute, or create derivative works from this content without our express written permission.
6. Prohibited Conduct
You agree not to use the Services for any unlawful purpose or in any way that could harm our reputation or business. Prohibited conduct includes, but is not limited to:
- Using any automated system (e.g., bots, scrapers) to access the Site.
- Manipulating bids (e.g., shill bidding).
- Infringing on any third party's intellectual property rights.
- Submitting false, inaccurate, or misleading information.
- Interfering with the operation of the Site or any auction.
7. Limitation of Liability & Disclaimer of Warranties
- Disclaimer: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUCTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR L, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability: IN NO EVENT SHALL AUCTIONS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA) ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Remedy: Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Services. In all cases, our liability to you is limited to the amount of commissions or fees we received from you in the 12 months prior to the action giving rise to liability.
8. Indemnification
You agree to indemnify, defend, and hold harmless Auctions LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.
9. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, New York, without regard to its conflict of law principles.
- Dispute Resolution: Any dispute arising from these Terms shall be resolved exclusively through final and binding arbitration in New York, New York rather than in court.
10. General Provisions
- Changes to Terms: We reserve the right to modify these Terms at any time. We will post the revised Terms on the Site and update the "Effective Date." Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
- Entire Agreement: These Terms, together with the Privacy Policy and any Consignment Agreement, constitute the entire agreement between you and Auctions LLC regarding your use of the Services.
11. Contact Us
If you have any questions about these Terms, please contact us at:
legal@parkebernet.com