Marilyn Monroe - A Timeless Beauty

Kudos Memorabilia Limited Timed Online Auction Terms and Conditions 1. Acceptance of Terms: 1.1 By participating in any online auction hosted by Kudos Memorabilia Limited, you agree to comply with and be bound by these terms and conditions. 1.2 By participating in the Kudos Memorabilia Limited online auction, you acknowledge that you have read, understood, and agreed to these terms and conditions. Please read them carefully. 2. Eligibility: 2.1 To participate in the auction, you must be at least 18 years old and have the legal capacity to enter into a binding contract. 3. Registration: 3.1 Bidders must register on the Kudos Memorabilia Limited website through Live Auctioneers to participate in the online auction. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. 3.2 Registration information must be accurate and complete. 3.3 Kudos Memorabilia Limited reserves the right to reject any registration at its sole discretion. 4. Privacy Policy Your use of our auction website is also governed by our Privacy Policy, which can be found at https://www.kudosmemorabilia.com/privacy-policy 5. Bidding: 5.1 Kudos Memorabilia Limited has designated this auction to be managed as a ?Timed Live Online Auction? through Live Auctioneers. By participating in the timed auction, you acknowledge and accept the online terms set out by Live Auctioneers, as well as the relevant conditions of sale. An online Buyer?s Premium will be added to the total purchase price, as specified in 11. below. 5.2 All bidders may be required to provide government-issued identification confirming the bidder?s name and principal address of residence or business. In some instances, bidders may also be required to provide an additional residential or business address and telephone number, credit card information and other credit-related information. Kudos Memorabilia Ltd reserves the right to require a deposit prior to bidding. 5.3 By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law. 5.4 Bids are considered binding offers to purchase the listed items. 5.5 The highest bid at the close of the auction will be the winning bid. 5.6 Kudos Memorabilia Limited reserves the right to withdraw or amend any item, or to cancel bids in its sole discretion. 5.7 The following bid increments have been implemented for this auction and are non-negotiable: US$ 0-100 ? $10 US$ 100-200 - $10 US$ 200-300 - $20 US$ 300-400 - $30 US$ 400-500 - $40 US$ 500-1,000 - $50 US$ 1,000-2,000 - $100 US$ 2,000-3,000 - $200 US$ 3,000-5,000 - $500 US$ 10,000+ - $1,000 6. Reserve Prices: 6.1 Some or all of the lots may have reserve prices, and Kudos Memorabilia Limited reserves the right to set and modify reserve prices at its discretion. 6.2 If the reserve price is not met, Kudos Memorabilia Limited may withdraw the item from the auction. 6.3 A representative of Kudos Memorabilia Limited may execute such reserves by bidding on behalf of the company or the consignor. 7. Withdrawals: 7.1 Kudos Memorabilia Limited reserves the right, at its sole discretion, to withdraw, combine or amend lots at any time between listing and the commencement of bidding. Kudos Memorabilia Limited shall have no liability whatsoever for all such changes, if initiated. 8. Contract of Sale: 8.1 Subject to fulfilment of the conditions set forth in these Conditions of Sale, the contract of sale between the purchaser (or successful bidder) and Kudos Memorabilia Limited is ratified at the conclusion of the timed auction, and the winning bidder is contracted to pay the total purchase price (including all fees) within a period of ten days from receipt of invoice. Title in a purchased lot will not pass to the purchaser, until Kudos Memorabilia Limited has received, in full, the total purchase price in cleared funds. In addition, the bidder acknowledges responsibility for all charges relating to import duties, as well as shipping, packaging, and transit insurance. 8.2 Kudos Memorabilia Limited accepts payments in US dollars by credit card (American Express, Visa or MasterCard) or by wire transfer to the account specified in the payment terms above. The purchaser?s obligation to pay the full purchase price within ten days of receipt of invoice is absolute and unconditional and is not subject to any defences, setoffs, or counterclaims of any kind whatsoever. 8.3 Property purchased from Kudos Memorabilia Limited by a successful bidder will not be released to such a bidder until the full payment of the total purchase price (including the buyer?s premium and online bidding service fee) has been made. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with these conditions. Please note that Kudos Memorabilia Limited reserves the right to refuse to accept payment from a source other than the buyer of record. 8.4 Once Kudos Memorabilia Limited has shipped the purchased item, it is the purchaser?s sole responsibility to arrange to collect the property from a distribution or customs depot, if necessary, and to identify and obtain any mandatory import permits for the lot. 8.5 Kudos Memorabilia Limited makes no representations or warranties as to whether any lot is, or is not, subject to import restrictions or embargoes. 8.6 Purchasers should be advised that Kudos Memorabilia Limited?s liability for loss or damage to a sold property shall cease no later than 20 days after the date of the auction unless the purchaser is otherwise advised in writing. 9. Winning Bidder: 9.1 The winning bidder will be notified via the contact information provided during registration. 9.2 Payment must be made within the specified timeframe, or the winning bid may be voided. 10. Payment: 10.1 Payments are accepted through approved payment methods specified on the Kudos Memorabilia Limited Auction website. If your bid is successful, you will receive a notification email confirming your purchase, once the sale has concluded. Shortly thereafter, you will receive an invoice for your purchase by email. Payment must be received in full within 10 days of the receipt of invoice. 10.2 All payments must be made in the currency specified for the auction. We accept the following Payment Methods: Bank or wire transfer, Visa/MasterCard and American Express. 10.3 If you elect to pay by wire transfer, please use your lot-number as a payment reference and process your payment using the Kudos Memorabilia Limited account details provided on the invoice. 11. Buyer's Premium: A buyer?s premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer?s premium is currently set to 5% of the hammer price. 12. Shipping and Handling: 12.1 The buyer is solely responsible for all shipping, handling, insurance costs and for all import duties and/or state taxes that may be applicable on their purchase. We highly recommend that a bidder makes all relevant enquiries relating to import duties PRIOR to finalizing their bid. 12.2 All shipments will be dispatched from the United Kingdom to the customer?s nominated address using one of our preferred shipping partners: FedEx, UPS or Parcelforce Global Priority. 12.3 Kudos Memorabilia Limited will make every effort to ensure you enjoy a quick, efficient, and trouble-free shipping experience. However, Kudos Memorabilia Limited does not accept any responsibility in the unlikely event of shipping delays, shipping errors, or losses by a shipping company. All such issues and related remedies will be investigated and resolved by our nominated insurance company. 13. Returns and Refunds: 13.1 All sales in this live timed auction are considered final, and we do not offer refunds or returns. The buyer accepts the responsibility for researching any item offered for sale, investigating its background, and evaluating the item as a potential purchase. 13.2 In the unlikely event that a dispute should arise over the authenticity of a purchased item, we would require the purchaser to obtain, at their expense, two independent evaluations by recognized experts in the field (each of which will be mutually acceptable to both Kudos Memorabilia Limited and the purchaser). We would then decide whether a refund is appropriate, following this period of consultation. 14. Dispute Resolution: 14.1 Any disputes arising from the auction will be resolved through arbitration in accordance with the laws of the jurisdiction specified by Kudos Memorabilia Limited. 15. Changes to Terms: 15.1 Kudos Memorabilia Limited reserves the right to modify these terms and conditions at any time without prior notice. Your continued use of the Kudos Memorabilia Limited auction through Live Auctioneers after any changes constitutes acceptance of the updated terms. 16.General Terms: 16.1 Kudos Memorabilia Limited exercises all due care and diligence in providing accurate descriptions for the lots featured in our auctions, including the assignment of the artist. In certain eventualities, we are dependent on information from third parties and can, therefore, not offer a guarantee regarding authenticity or description. 16.2 Condition reports for most items can be found in the lot descriptions. Prospective bidders are encouraged to contact Kudos Memorabilia Limited directly for additional information regarding the condition of any lot. 16.3 Kudos Memorabilia Limited does not explicitly warrant the condition of any item. All of the items in this auction are in the vintage or aged category. Consequently, our condition statements do not imply that a lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Condition statements by Kudos Memorabilia Limited, whether appearing in the catalogue, online, or at a prospective bidder?s request, are based on a visual inspection and are for guidance only. Such condition statements should, therefore, not be relied upon as statements of fact and do not constitute a representation, warranty, or assumption of liability by Kudos Memorabilia Limited. Condition is always a subjective evaluation, and final responsibility rests with the buyer to assess the condition of any item sold by Kudos Memorabilia Limited. 16.4 For the avoidance of doubt, Kudos Memorabilia Limited and any representatives thereof are not liable for any errors or omissions in the catalogue, lot descriptions or any supplementary material. 17. Intellectual Property 17.1 Kudos Memorabilia Limited makes no representation, explicitly or implied, that the purchaser will acquire any copyright or reproduction rights in any property offered for sale in this auction. 17.2 The copyright in all images and written material produced by, or for, Kudos Memorabilia Limited relating to our lots, including the contents of this online catalogue, is, and shall remain, at all times ,the property of Kudos Memorabilia Limited and shall not be used by the buyer nor by anyone else, without our prior written consent. 17.3 Kudos Memorabilia Limited reserves the right to reproduce any image of the lots sold in this catalogue. 18. Prohibited Activities You agree not to engage in any of the following activities: Violating applicable laws and regulations. Impersonating another person or entity. Uploading or transmitting viruses or other malicious code. 19. Disclaimer of Warranties Our website and services are provided "as is" and "as available" without any warranties, expressed or implied. We do not warrant that our website will be error-free or uninterrupted. 20. Limitation of Liability 20.1 In no event shall Kudos Memorabilia Limited be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or services. 20.2 In no event will our liability to a purchaser with respect to an item of property exceed the purchase price actually paid by such purchaser for such item. 21. Remedies: If the purchaser fails to fulfil or comply with any of the conditions herein, the purchaser shall be in default and, in addition to all legal remedies available to Kudos Memorabilia Limited by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, Kudos Memorabilia Limited may: a) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same auction or any other auction, and retain all payments made by the purchaser as liquidated damages; b) resell the purchased property, whether at public auction or by private sale, for the account of the purchaser - in which case the purchaser shall be liable to Kudos Memorabilia Limited for all its costs and damages, including the commissions for both auctions; c) remove the property to a public warehouse for the account and at the risk and expense of the purchaser; d) charge interest at such rate as we shall reasonably select, or e) effect any combination thereof. In any case, the purchaser will be liable for any deficiency and any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. Payment will not be deemed to have been made in full until we have collected good funds. 22. Governing Law: 22.1 These Conditions of Sale as well as the rights of the bidders, the purchasers and our respective rights and obligations, hereunder, shall be governed by and construed and enforced in accordance with the laws of the United Kingdom. By bidding in this auction, whether directly online in person or by agent or proxy, all bidders, including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the courts of The United Kingdom (Great Britain). 22. Contact Information If you have any questions about these terms and conditions or for a quote for shipping, packing and insurance prior to bidding on an item, please contact us at info@kudosmemorabilia.com