CREAM including the Janet Bruce Collection

Below are the terms and conditions for buying in our sales. Please review them carefully as this is a legally binding agreement. IN THIS AGREEMENT: The following words shall have the following meanings: 1.1 "Bid" means an offer made by a prospective Buyer to buy a lot. 1.2 "Buyer" "your" and "you" means the buyer of a lot. 1.3 "Buyers Commission" means the commission payable by the Buyer to CooperOwen in respect of the Buyer being declared the successful bidder of a lot by the auctioneer. 1.4 "CooperOwen", "we" or "us" means CooperOwen Plc, 74 Station Road, Egham, TW19 9LF 1.5 "Lot" means property consigned by a Seller for an auction. 1.6 "Password" means the password allocated to you for use on the CooperOwen website. 1.7 "Registration" means the registration of a Buyer for an auction. Registration binds the buyer to CooperOwen's terms and conditions of sale. AGREEMENT 2.1 You agree that by participating in any CooperOwen auction. You will abide by this Agreement. 2.2 The Buyer agrees that any contract relating to the purchase of a lot is between the Buyer and the Seller and that CooperOwen is not a party to that contract. BUYERS COMMISSION 3.1 A Buyers Commission of 20% of the hammer price of each lot sold (together with any VAT chargeable thereon) is payable by the buyer to CooperOwen for their own retention and will not be waived. REGISTRATION 4.1 Registration is required to bid in any auction. Registration is free and does not obligate you to purchase. Registration requires you to provide CooperOwen with certain true, complete and accurate information about yourself. If you wish to participate in any auction or make a Bid, you will be required to provide details of a credit, debit or charge card and must certify that you are fully entitled to use the credit, debit or charge card at the time you provide such details. Each time that you Bid in the auction you will be required to confirm your right to use the card, and also that such a card has sufficient funds to cover al charges to be incurred on it. 4.2 Any Password issued to you is strictly private and confidential and may only be used for the purposes for which it is provided. The Password must be quoted by you in all correspondence relating to any online sale or in any Bid. You shall be responsible for all acts carried out or resulting from any use of your Password by another party, whether authorised by you or otherwise. We reserve the right to withdraw any Password which we consider to have been misused or where we believe there has been a security breach. SUSPENSION OR TERMINATION OF REGISTRATION 5.1 CooperOwen reserves the right to suspend or terminate your Registration and/or Password and the right to use the website and/or participate in any auction at CooperOwen's sole and unfettered discretion. No Buyer whose Registration has been suspended or terminated may re-register without CooperOwen's prior written consent. BUYING A LOT 6.1 Bidding for a Lot is an irrevocable offer to buy the Lot at the Bid price. The Buyer is the one who places the highest Bid that meets or exceeds the Reserve. The Buyer is obligated to complete the transaction if the Bid is accepted. You authorise CooperOwen to debit your credit, debit or charge card for the relevant amounts (including any applicable, VAT, sales tax, shipping, etc.) in such circumstances. 6.2 If identical Bids are accepted, the first Bid received will take precedence. CooperOwen shall not be responsible for any Bid not arriving or being delayed for any reason. CooperOwen's determination of the winning bidder will be conclusive. DESCRIPTION OF LOTS 7.1 You are required to read the catalogue description carefully for information about a lot and must not rely solely on the title for a complete description of the lot. Descriptions are educated opinions based on the information available at the time of cataloging. Condition Reports are available on request on most items. You must make your own independent determination regarding the condition of the Item. You must be certain that you understand any shipping and payment terms. 7.2 CooperOwen do, at times, publish Sale Room Announcements. These take precedence over certain Lot descriptions and terms in the sale catalogue. You should review any Sale Room Announcements prior to bidding on a Lot. 7.3 All photographs in this catalogue are provided for illustrative purposes only. Variations in colour and tone may occur during printing, thus images of Lots should not be depended upon as actual representations of colour or condition. 7.4 CooperOwen does not in any way warrant the fitness of Lots sold at auction for the particular purpose for which the Buyer intends to use them. Furthermore, CooperOwen hereby specifically disclaims any express or implied warranty or merchantability of any Lot sold at auction. CANCELLING OR RETRACTING A BID 8.1 A Bid is an irrevocable promise to purchase a Lot. 8.2 Bids may not be retracted except under certain situations such as manifest typographical errors (which shall be subject to CooperOwen's sole determination) or a material change to the auction description (which shall be subject to CooperOwen's sole determination). 8.3 You must contact CooperOwen in writing to request that your Bid be cancelled. To cancel a Bid CooperOwen must agree in writing or via email. WHEN THE WINNING BIDDER DOES NOT BUY 9.1 If the Buyer does not complete payment for any Lot within 7 days, CooperOwen retain the right to contact the second highest bidder or any other bidder to offer the Lot at the highest bid offered by that Bidder. If the Buyer is contacted in this way, the Seller shall allow a reasonable time for the Buyer to respond. CAPACITY TO CONTRACT 10.1 You must be legally able to enter into contracts to Bid for a Lot. Generally this means you must be at least 18 years old if you are an individual. The Bidder must have the intention and ability to perform under the terms of any submitted Bids and under any purchase contracts that result from acceptance of such Bids by the Seller/and or CooperOwen. RESERVES AND ESTIMATES 11.1 Any or all Lots offered for sale at auction may be subject to a confidential Reserve. The Reserve is the minimum price which will be accepted for the Lot, and below which it will not be sold. 11.2 Each Lot will also state an estimate, being the price range reflecting our opinion of the amount the Lot may be expected to bring at auction, based upon such factors as its condition, provenance, quality, rarity and prices paid for comparable items. The estimated prices will not include the Commission, VAT (if applicable), Shipping and Insurance Charges, and Sales Taxes (if any), and may be revised prior to the auction with or without prior notice. 11.3 Bid manipulation and fraudulent bidding are prohibited. 11.4 Collusion between Bidders, or any form of price manipulation or bid rigging, obtaining more than one Registration, or other associations or aliases to artificially manipulate the bidding on a Lot is strictly prohibited. You will not directly or indirectly attempt to manipulate the market. 11.5 Making Bids under a false name or with a stolen or invalid credit card is prohibited. We may in our sole discretion (I) refuse or remove bids which CooperOwen believes are fraudulent; or (ii) cancel Bids which CooperOwen believes are not made in good faith or made in violation of applicable law. If you are in breach of the Terms and Conditions against such improper bidding, we shall continue to be entitled to payment of our Commission as if the purchase of the Lot had been properly completed for the amount that was Bid. DELIVERY AND COMPLETION OF SALES 12.1 Buyer agrees to bear the cost of transport, shipping as well as any duties or taxes. 12.2 Any right to return the items(s) following delivery must be made in accordance with the Terms and Conditions. WITHDRAWAL OF LOT(S) AND CANCELLATION OF SALE 13.1 We reserve the right to withdraw any Lot from any auction. CREDIT CARD DETAILS 14.1 Any credit, debit or charge card details supplied by You may be used by us without further notification to obtain payment of all sums which become due from You under the terms of this Agreement. SELLERS DEFAULT 15.1 CooperOwen will not be liable for any failure of a Seller to deliver a Lot in a satisfactory condition or at all or otherwise to perform their obligations. CooperOwen will not be responsible in any way for collection of a Lot due from a Seller. In the event of non-performance by the Seller, we may in our sole discretion cancel the auction and agreed transaction. INTELLECTUAL PROPERTY 16.1 The Buyer acknowledges that all copyright, trademarks and other intellectual property rights, in and relating to, CooperOwen and the auction are owned by CooperOwen. 16.2 Further no Lot is sold with copyright unless stated in the Lot description. LIMITATION OF LIABILITY 17.1 CooperOwen accepts no liability for any indirect, consequential or economic losses or any loss of profit. We shall not be liable for any failure of the Internet, whether in respect of end-to-end connectivity or any failure by any email to reach its destination within the expected time or at all. We shall not be responsible for any failure to fulfill our obligations due to any matter that is beyond our control, including technical malfunctions. 17.2 The maximum amount of CooperOwen's liability to the Buyer for breach of our obligations, for negligence or otherwise (to the fullest extent tat it is possible to limit such liability at law), shall be the successful Bid price of a lot provided that the transaction has completed. If there has been no completion, CooperOwen accept no liability to you, to the fullest extent permissible by law. NOTICES 18.1 Notices to us shall be given by recorded delivery mail, to our address at 10 Denmark Street, London, WC2H 8LS and notice shall be given to you by email to the email address, or to the address provided on the Registration form. Email notices given by us shall be deemed effective on the day they are sent whether or not they are received. Notices by mail will be deemed accepted and delivered. 18.2 You agree that email correspondences between us shall be binding in relation to all notices that either of us needs to give the other. It is your sole responsibility to ensure that your emails are checked regularly and can be accessed by you at all times including during any period where you maybe traveling. You shall be solely responsible for notifying us in the event of any change in your email address and for obtaining back-up facilities in the event of any server failure or other malfunction. COPYRIGHT 19.1 Whilst sellers confirm that certain properties are sold with copyright, CooperOwen can accept no liability to any matters arising as a result of any imperfection VEHICLES 20.1 It shall be the responsibility of the Buyer to ensure that a motor vehicle purchased from CooperOwen complies with the appropriate statutes or regulations for driving, using or transporting it and neither CooperOwen or the seller warrant that a vehicle is fit for any particular purpose. Motor vehicles are sold by CooperOwen as collectors items only and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have parts replaced and paint renewed or be made up of parts from other vehicles, the condition of which may be difficult to establish. CooperOwen has to rely on information as to date, condition and authenticity provided by the vendor and does not, and can not, undertake its own inspection of the vehicle to establish whether the vehicle conforms to the description on the catalogue/online. It is the responsibility of the Buyer to carry out such an inspection, as he thinks necessary. CooperOwen is not liable for any misdescription or representation. The Buyer bidding for a vehicle acknowledges that he does not rely on any representation made to him by CooperOwen and is allowed to bid on this basis only. ACETATES AND RECORDINGS 21.1 All acetates are sold on an AS IS basis. As buyers would have the opportunity to make copies there is an absolutely no return privilege. All acetates are available for inspection, together with an opportunity to hear a copy of the recording by appointment at CooperOwen's premises unless otherwise stated. ENTIRE AGREEMENT 22.1 This Agreement and the documents referred to in it represent the entire agreement between us in respect of the subject matter and may only be amended either by written agreement between us, signed on behalf of both parties (in respect of which agreement conducted by electronic mail shall constitute signature) or by CooperOwen issuing a general amendment shall be effective from the time of posting in the sale room or website and it is your obligation to keep yourself informed of amendments to the terms and conditions. RESOLUTION OF DISPUTES 23.1 CooperOwen and the Buyer agree that the English Courts shall have exclusive jurisdiction in respect of any dispute arising between us, other than in respect of the enforcement of judgments, where their jurisdiction shall be non-exclusive. English law shall govern the contract between us. 24: Condition reports are available on request by contacting us, simply click on the 'Questions about this item' link provided above. You are advised to make any requests well in advance.