The following User Agreement, and Limited Warranty Terms and Conditions are the terms on which Dominique’s Auctions Limited (herein after called DAL) and the seller contract with the buyer.  They may be amended by posted notices on www.dominiquesauctions.com or email notification. By using DAL on www.dominiquesauctions.com you agree to the following terms and conditions. If you have any questions, please contact us at (852) 2735 0088 or email us at info@dominiquesauctions.com.

1. DAL as Agent
   Except as otherwise stated DAL acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.


2. Inspection
   Prospective buyers are advised or otherwise as agreed by DAL to inspect the property before bidding or buying.


3. Sold “as is”
   Neither DAL nor the seller provides any guarantee in relation to the nature of the property, apart from the terms set out in the Warranty Terms and Conditions. All property is sold “as is”.
   All statements made by us in the description of the property, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References as to the condition of the property are for general guidance and for buyers.


4. Limitation of Liability
   IN NO EVENT SHALL DOMINIQUE’S AUCTIONS LIMITED (INCLUDING OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT AND AFFILIATED COMPANIES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. DOMINIQUE’S AUCTIONS LIMITED LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE SMALLER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) HKD 100.
   
   Please note that although some countries execute different judgement on the limitation of liability, the Law in Hong Kong prevails.


5. Buying at www.dominiquesauctions.com
   

   a)

   Purchasing via Auction To make a bid it is necessary to register as a member by creating an account on www.doniquesauctions.com, completing necessary online forms and providing required information. All information provided must be truthful, accurate and complete. Any registration suspected of containing fraudulent or dishonest material maybe rejected. We reserve the right to withdraw any property before the auction and shall have no liability whatsoever for such withdrawal. We reserve the right to reject any bid at our complete discretion. Bidding increments may vary subject to our complete discretion. If your computer is logged onto www.dominiquesauctions.com and a successful bid is sent to DAL from your computer, you are accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable charges. 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.

   b)

   Purchasing directly online To make a purchase it is necessary to register as a member by creating an account on www.doniniquesauctions.com, completing necessary online forms and providing required information. All information provided must be truthful, accurate and complete. Any registration suspected of containing fraudulent or dishonest material maybe rejected. If your computer is logged onto www.dominiquesauctions.com and you commit to purchase a listed property, you are accepting personal liability to pay the purchase price and all applicable charges. We reserve the right to withdraw any property from the online listing and shall have no liability whatsoever for such withdrawal. We reserve the right to reject any purchase at our complete discretion.

   
   
6. Technical Issues
   DAL will not be responsible for errors or failures to execute bids placed on the internet, including, without limitation, errors or failures caused by:
   
   

   i)	a loss of connection on www.dominiquesauctions.com or by your end;
   ii)	a breakdown or problems with the online bidding system and/or
   iii)	a breakdown or problems with your internet connection or computer.



7. Buyer’s Premium
   

   a)	Purchasing via Auction and directly online DAL will charge the successful Buyer a 10% of the Hammer Price when Buyer purchasing directly online.



8. Consignor’s Commission
   

   a)	Purchasing via Auction and directly online There will be a commission at the rate of 10% of the Successful Bid Price per lot. If 10% of the successful Bid Price is lower than HKD500, the commission will be HKD500.



9. Payment and Passing of Title
   The buyer must pay the full amount due (which may include the buyer’s premium if the property was sold via auction) no later than seven days following the sale. The buyer will not acquire title to the property until all amounts due to us from the buyer has been received by us in good cleared funds even in circumstances where we have released the lot to the buyer.


10. Packing, Handling and Shipping
    

    a)

    Property Purchased via Auction Prospective buyers are advised to obtain their own shipping quotations prior to bidding. DAL is pleased to assist in providing rough dimensions, and weight for you to obtain a quotation. The successful bidder is responsible for arranging with appropriate fine art packers and carriers for the shipping of the purchased property at their own costs, risks, and responsibilities.

    b)

    Property purchased directly Online DAL is pleased to arrange shipping for property purchased directly through www.dominiquesauctions.com.  Buyers are welcome to make their own shipping arrangements.

    
    We are not responsible for the acts or omissions in the packing, handling or shipping of purchased property by third parties or us whom we may retain for these purposes, whether or not recommended by us.


11. Remedies for Non-Payment
    If the buyer fails to make payment in full in good cleared funds within Seven days following the sale, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
    
    

    i)	to charge interest at such rate as we shall reasonably decide;
    ii)	to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under the law;
    iii)	to cancel the sale;
    iv)	to resell the property as we shall think fit;
    v)	to reject at any future auction any bids made by or on behalf of the buyer;
    vi)	to exercise all the rights and remedies of a person holding security over any property in our possession owned by the buyer, whether by way of pledge, security interest or in any other way to the fullest extent permitted by the law.  The buyer will be deemed to have granted such security to us and we may retain such property as collateral security for such buyer’s obligations to us;
    vii)	to take such other action as we deem necessary or appropriate.

    
    
12. Failure to Arrange Shipping
    Where the buyer has failed to arrange for shipping of their purchased property, whether or not payment has been made, we shall be permitted to charge a storage fee of USD15 / day.



Limited Warranty Terms and Conditions


13. Coverage
    Subject to the terms and conditions of this paragraph, DAL warrants for a period of three years from the date of the sale that the property described in headings printed in Bold (in the case of Chinese characters) or UPPER CASE TYPE (in the case of English headings) in our online auction listings is authentic. DAL does not warrant any supplementary material, which appears below the bold or UPPER CASE TYPE headings of each listing, and further, DAL is not responsible for any errors or omission in such material. This warranty applies only as to the authenticity of property sold via auction. Properties purchased directly online not via the auction system are not covered under this warranty.


14. Where the Warranty Does not Apply:
    

    i)	The property listing corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions;
    ii)	Correct identification of the property can only be demonstrated by means or process, which at the time of publication of the listing was unreasonably expensive, impractical, or likely to have caused damage to the property.



15. Warranty not Assignable
    The benefits of the warranty are not assignable, and shall apply only to the original buyer of the lot as shown on the invoice originally issued by DAL when the property was sold at the auction.


16. Remedy
    The buyer’s sole and exclusive remedy against DAL and the seller, in place of any other remedy, which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the property. Neither DAL nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits nor for interest.


17. Buyer’s Responsibilities
    The buyer must give written notice of claim to us within three years from the date of the auction. We shall have the right to require the buyer to obtain the written opinions of two recognised experts in the field, mutually acceptable to DAL and the buyer, before we decide whether to cancel the sale under warranty or not.
    The buyer must return the property to DAL in the same condition as at the time of the sale.


18. Severability
    In any part of these User Agreement and Limited Warranty Terms and Conditions is found by the court to be invalid, illegal or unenforceable in any jurisdiction, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest permitted by law.


19. Law and Jurisdiction
    The rights and obligations of the parties with respect to this User Agreement shall be governed and interpreted by the laws of the Hong Kong Special Administrative Region (HKSAR). By bidding at auction or committing to buy directly online, the buyer shall be deemed to have submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region (HKSAR).