Terms and Conditions

1. Terms and Conditions of use

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.

1.1 Copyright

1.1.1 All rights reserved. Material on this site (including without limitation content, software, photographs, sounds, text, graphs, forms, graphics, ideas, articles, reports, notes and articles) is subject to copyright, database and other intellectual property rights unless otherwise indicated. The material may be downloaded to file or printer for personal use only without requiring specific prior consent and no permission is required to establish hypertext links to this site.
1.1.2 You acknowledge that you do not acquire any ownership rights by downloading any copyright material. The consent to use and reproduce any material does not extend to altering or deleting any copyright or trademark notices or to using any material on this site that is identified as the copyright of a third party and authorisation to reproduce such material must be obtained from the copyright holders concerned. Any other proposed use of the material (including, without limitation, commercial exploitation, redistribution or publication) is subject to the prior written consent of Heart < Design.
1.1.3 You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any material on the site except as provided in the Terms and Conditions of use.
1.1.4 Heart and Design accepts no responsibility for the content of any site to which a hypertext link from this site exists.

1.2 Privacy policy

1.2.1 Heart and Design is committed to ensuring that your privacy is protected and this policy sets out how we intend to collect and use any personal information on this site.
1.2.2. We will keep all your personal information provided by you confidential except that we may use personal information for any of the following purposes:
> Our subscription registration, administration, general correspondence, support, invoicing and processing of the site including personalising the site for your use;
> Contacting you to advise you of meetings, to notify you of new features or to resolve any queries you or we may have regarding Heart & Design and its activities.
> Responding to any requests or queries from you;
1.2.3 We will not otherwise sell or share any of your personal information to any other third party.

1.3 Use of the website

1.3.1 This is an important section of the site and sets out the Terms and Conditions that apply to use of this site by you ("the Terms"). For the purposes of these Terms, "we", "us" or "ours" means Heart " Design; "you" or "yours" means the company that is a member of Heart & Design together with its employees, officers or directors about whom personal information is provided to Heart and Design or the visitor to or user of this site.
1.3.2 You may print out and keep a copy of the Terms. The Terms are a legal agreement and may only be modified with our consent. We reserve the right to change the Terms and any such changes will be posted here; any such changes will take effect immediately upon posting, whether you have reviewed them or not. By using this site you are agreeing to the Terms; if you do not agree with any of these Terms you may contact info@heartanddesign.org immediately.
1.3.3 We reserve the right to temporarily or permanently discontinue the site at any time.
1.3.4 We endeavour to ensure that the site is available for use 24 hours a day but accept no responsibility if the site is unavailable at any time or for any period.
1.3.5 If we make any software owned or operated by a third party available to you, you must use this software in accordance with the Terms and Conditions imposed by the third party.
1.3.6 Hypertext links to any third party websites are provided solely for your convenience but if you use these you do so at your own risk and will leave this site. We can not review the third party websites and are not responsible for their content.

1.4 Accuracy of information and disclaimer

1.4.1 We do our best to ensure that all information and material on the site is accurate, and if you find anything that is inaccurate let us know and we will correct it as soon as possible.
1.4.2 We make no representations that the information or material is accurate or up-to-date or complete and accept no liability for any loss or damage caused by inaccurate information or material. We do not necessarily endorse nor are we responsible for the accuracy of or reliability of any opinion, advice or statement made on the site.
1.4.3 The information on the site is not intended to address your particular requirements.
1.4.4 Although we hope that the site will be of interest to users, we accept no liability and offer no warranties in relation to the material and contents to the fullest extent that law can exclude such liability.
1.4.5 If you see any material or information that breaches the following clause regarding postings on the site, you should notify us as soon as possible.

1.5 Postings on the site

1.5.1 We encourage users of the site to contribute to the site by posting messages or info. You should ensure that any views or information that you send to us or publish or post on any bulletin or message board ("posting") on the site are:
> Accurate; and not libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal, discriminatory, harassing, in breach of privacy or infringes the rights of other persons or is in any way Illegal;
> Not technically harmful (including, without limitation, containing any virus, corrupted data or malicious or harmful software);
> Not unsolicited or unauthorised advertising or a form of promotional material; In breach anyone else´s rights, such as copyright or database rights and if you are in any doubt you should provide a hypertext link.
1.5.2 It is your responsibility to ensure that you comply with these provisions and you must indemnify us for any costs or losses or liability we suffer if you breach these provisions or any other provisions of the Terms.
1.5.3 We accept no responsibility or liability for the content of any postings irrespective of whether we have edited these or not. You acknowledge that you may be exposed to postings from users that you may find offensive and if you do so you should notify us as soon as possible.
1.5.4 You must not allow any unregistered user to make any postings.
1.5.5 You waive your moral rights to be identified as the author of any posting and we may at our discretion exclude, reject, modify or alter the posting (including cutting it to fit the site). If there are any restrictions on any posting you must notify us in advance.
1.5.6 Any posting received by us will be assumed to be for publication on the site and for use on a royalty free, perpetual basis.

1.6 Conditions of Sale

1.6.1 Christie´s acts as agent for Heart & Design. Unless otherwise agreed, the sale of the Lots will result in contracts made between Heart & Design and the Buyer.
1.6.2 The Buyer shall be the person with the highest bid accepted by the auctioneer.
1.6.3 The auctioneer has the right to refuse any bid and to advance the bidding at his absolute discretion, and in the case of error or dispute, to put up an item for bidding again.
1.6.4 Statements by Heart & Design in the catalogue or made orally or in writing elsewhere, regarding authorship, origin, date, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any Lot are merely statements of opinion, and are not to be relied upon as statements of definitive fact. NeitherChristie´s nor Heart & Design are responsible for the correctness of any such statement nor for any other errors of description or for any faults or defects in any Lots. Catalogue illustrations are for guidance only.
1.6.5 Buyers are responsible for satisfying themselves concerning the conditions of goods and the matters referred to in the catalogue description.
1.6.6 If a prospective Buyer givesChristie´s instructions to bid on their behalf, by using the form printed in the catalogue,Christie´s shall use all reasonable efforts to do so, provided these instructions are received no later than 24 hours before the sale. Bids should be placed in pounds sterling. IfChristie´s receives commission bids on a particular Lot for identical amounts, and at auction these bids are the highest bids for the Lot, it will be sold to the person whose bid was received first.
1.6.7 Subject to the auctioneers discretion, the striking of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between Heart & Design and the Buyer.
1.6.8 Following the sale, the Buyer must provide Heart & Design with his or her name and permanent address.
1.6.9 All lots are to be paid for in full on the night of the sale at the Payment Desk.
1.6.10 All lots can be collected by the Buyer on the night of the sale, but no Lot can be taken unless it has been paid for in full. The Buyer will not acquire title to the Lot until amounts due to Heart & Design have been paid in full. From the time of collection, the lot will be entirely at the Buyer´s risk.
1.6.11 All lots not collected on the night of the saled will be transferred to Cadogan Tate Fine Art Logistics Ltd on the day following the sale. Payment must be made directly to Heart & Design and a collection order obtained before items will be available for collection.
1.6 13 Payment can be made in cash, credit card or cheque made payable to Heart & Design. A surcharge of 1.55% will be charged on all MasterCard payments and 1.45% on Visa card payments. A surcharge of 0.5% will be charged on all American Express card payments. There is no surcharge on debit card payments.
1.6 15 These Conditions of Sale are subject to English law, which shall apply to their construction as well as to their effect. ForChristie´s benefit, Heart & Design and the Buyer submit to the exclusive jurisdiction of the English Courts.

1.7 Storage & Collection

1.7.1 Buyers

At 9.00am on Tuesday 16 September all lots will be removed to the warehouse of : Cadogan Tate Fine Art Logistics Ltd.

Cadogan House, 6-12 Ponton Road,
London SW8 5BA
Telephone: +44 (0)20 7819 6600
Facsimile: +44 (0)20 7819 6601

Lots will be available for collection on Wednesday 17 September and every business weekday from 9.00am to 5.00pm.

1.7.2 Storage Charges

Transfer Small Items - £15.00 Large Items - £30.00
Storage per day Small Items - £2.00 Large Items - £4.00
Insurance (See Section 1.7.4)
All charges exclusive of VAT (Exceptionally large objects will be subject to a surcharge).
Please note that there will be no charge to purchasers who collect their lots by 5.00pm on Friday 19th September 2008
Clients are reminded that they are requested to collect their lots from Cadogan Tate Fine Art Logistics Ltd´s Warehouse rather than from Christie´s South Kensington.

1.7.3 Payment

All charges due to Cadogan Tate Fine Art Logistics Ltd must be paid by the time of collection from their warehouse.
In advance (please telephone +44 (0)20 7819 6600 to ascertain the amount due) by: cheque, inter-bank transfer or credit card.
At the time of collection by: cash, cheque with banker´s card, credit card, bank draft or traveller´s cheque.
Lots may only be released from Cadogan Tate Fine Art Logistics Ltd´s warehouse on production of the ´Collection Order´ obtained from Heart & Design.
The removal and/or storage by Cadogan Tate Fine Art Logistics Ltd of any Lots will be subject to their standard Conditions of Business, copies of which are available at Christie´s.
Please note in particular are following:

1. Cadogan Tate Fine Art Logistics Ltd Limited do not accept any liability for damage or loss, due to negligence or otherwise, exceeding the sale price of such goods, or at their option the cost of repairing or replacing the damaged or missing goods.
2. Cadogan Tate Fine Art Logistics Ltd Limited reserve a lien over all goods in their possession for payment of storage and all other charges due to them.

1.7.4 Insurance

From the day of transfer of sold items to Cadogan Tate Fine Art Logistics, Ltd, all such lots are automatically insured by Cadogan Tate Fine Art Logistics Ltd at the sum of the hammer price. The insurance premium charged in this respect by Cadogan Tate Fine Art Logistics Ltd is 0.5% of the sum of the hammer price or 100% of the handling and storage charges, whichever is smaller.

1.7.5 Collection from Cadogan Tate

Please note that Cadogan Tate´s opening hours are Monday to Friday 9am to 5pm, and purchases transferred to their warehouse are not available for collection at weekends.