Legal
Terms of Service
Not final. This page is a working draft written for review, not for reliance. Every item marked “To confirm” is a fact or a decision the client and its counsel still owe; nothing here has been reviewed for legal sufficiency, and the wording is expected to change. The site remains closed to the public while this stands. (Draft -- counsel to finalize.)
The Legends Collection
Effective date: To confirmeffective date of these Terms
Acceptance of Terms
These Terms of Service govern access to and use of the website, mobile experience, and related services operated by To confirmfull legal entity name, e.g. "The Legends Collection, Inc.," and state of formation (the "house," "we," "us," or "our"), including browsing, bidding, making offers, purchasing, consigning, and any other use of the site. By accessing the site or using any part of the service, a user agrees to these Terms. A user who does not agree must not use the site.
These Terms work together with the house's Conditions of Sale, Privacy Policy, and any consignment agreement a seller signs. Where those documents speak directly to a subject, such as bidding procedure, buyer's premium, or payment and shipping timelines, they control on that subject and these Terms fill in the rest.
Eligibility
Use of the site, and participation in any auction, offer, or purchase, is limited to individuals who are at least 18 years old and capable of forming a binding contract under applicable law. A person registering on behalf of a company, trust, or other entity represents that they are authorized to bind that entity to these Terms and to any resulting purchase.
The house may decline to register an account, or may decline to accept a bid, offer, or purchase, from any prospective user at its discretion, including where required by law or where the house has concerns about identity, creditworthiness, or prior conduct on the site.
Account Registration and Security
Certain features, including bidding, making offers, and consigning property, require a registered account. A user agrees to provide accurate, current information during registration and to keep that information up to date, including To confirmspecific required account fields, e.g. legal name, billing address, payment method on file.
A user is responsible for maintaining the confidentiality of their account credentials and for all activity that occurs under their account, whether or not authorized by the user. A user must notify the house promptly at To confirmsecurity/account-issues contact of any suspected unauthorized use of their account.
Permitted Use and Prohibited Conduct
The site may be used only for its intended purposes: browsing lots, bidding, making offers, purchasing, consigning, and managing an account. A user agrees not to:
- Interfere with the operation of the site, including through automated scraping, bots, or attempts to circumvent bidding mechanisms;
- Submit a bid or offer the user does not intend to honor, or use another party's account or payment method without authorization;
- Misrepresent their identity, or the ownership, provenance, or condition of any property submitted for consignment;
- Attempt to manipulate an auction, including through shill bidding, collusive bidding, or coordinated bid suppression;
- Use the site to violate any applicable law, or to infringe the intellectual property or other rights of any person; or
- Reverse engineer, copy, or repurpose the site's software, databases, or underlying systems except as expressly permitted.
The house may investigate suspected violations and take action as described in Section 12.
Bids, Offers, and Purchases Are Binding
All bids, offers, and purchases made through the site are subject to the house's Conditions of Sale, which are incorporated into these Terms by reference. Placing a bid, making an offer, or completing a purchase is agreement to the Conditions of Sale as well as to these Terms. A winning bid, an accepted offer, or a completed fixed-price purchase forms a binding contract between the buyer and the seller (or the house, where the house is selling on its own account), subject to the Conditions of Sale.
Every lot is offered as described in its catalog listing and condition report; condition is a matter of opinion, and the condition report is the house's record of that opinion, not a warranty. Estimates are opinions of a probable auction result, not appraisals of value.
Fees, Taxes, and Payment
Buyer's premiums, seller's commissions, shipping and handling charges, applicable sales and use tax, and payment terms and deadlines are set out in the Conditions of Sale and, where applicable, in a user's consignment agreement, and are incorporated here by reference rather than restated. A user is responsible for all fees and taxes associated with their bids, offers, purchases, and consignments as described there.
Intellectual Property
The site, including its design, text, graphics, software, and databases, is owned by the house or its licensors and is protected by copyright, trademark, and other intellectual property laws. Lot photography, condition reports, and catalog descriptions prepared by the house remain the house's property, or that of its licensors, whether or not the associated lot has sold.
A user may view and download material from the site for personal, non-commercial reference in connection with bidding or purchasing. No other use, including reproduction, redistribution, or commercial use of site content or lot photography, is permitted without the house's prior written consent.
User-Submitted Consignment Content
A consignor who submits property for sale may also submit photographs, descriptions, provenance information, or other material in connection with that consignment ("consignor content"). The consignor represents that they own or control all rights necessary to submit that content and that it does not infringe any third party's rights.
By submitting consignor content, the consignor grants the house a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display that content for purposes of marketing, cataloging, and selling the consigned property, including on the site, in catalogs, and in related promotional material, for so long as reasonably necessary to those purposes.
Warranty Disclaimers
Except as expressly stated in the Conditions of Sale, the site and all content, lots, and services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The house does not warrant that the site will be uninterrupted, secure, or error-free, or that any catalog description, condition report, estimate, or provenance statement is complete or free of error, subject to any express warranty stated in the Conditions of Sale.
Limitation of Liability
To the fullest extent permitted by law, the house, its officers, employees, and agents will not be liable for indirect, incidental, consequential, special, or punitive damages arising out of or relating to use of the site or any auction, offer, or purchase, even if advised of the possibility of such damages. To the fullest extent permitted by law, the house's total liability arising out of or relating to these Terms or any transaction on the site will not exceed To confirmliability cap, e.g. the fees paid by the user to the house in the relevant transaction, or a fixed dollar figure.
Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.
Indemnification
A user agrees to indemnify and hold the house, its officers, employees, and agents harmless from any claim, loss, liability, or expense, including reasonable attorneys' fees, arising out of the user's breach of these Terms, the user's violation of any law, or the user's infringement of any third party's rights, including in connection with consignor content the user submits.
Suspension and Termination
The house may suspend or terminate a user's account, or restrict access to the site, at its discretion, including where the house believes a user has violated these Terms, the Conditions of Sale, or applicable law, or where necessary to protect the integrity of an auction or the site. Suspension or termination does not relieve a user of obligations already incurred, including for a winning bid, an accepted offer, or a completed purchase made before suspension or termination.
A user may close their account by contacting the house as described in Section 16, subject to completion of any pending transactions.
Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 14, any action arising out of or relating to these Terms or use of the site will be brought exclusively in the state or federal courts located in To confirmcounty for venue, California, and each party consents to the personal jurisdiction of those courts.
Dispute Resolution
To confirmdecision — arbitration clause and class-action waiver, or courts only — counsel to select
California Auctioneer Licensing
To confirmCalifornia auctioneer licensing and bond statement — counsel to supply; seat must not draft this
Changes to These Terms
The house may revise these Terms from time to time. A revised version will be posted to the site with an updated effective date. Changes apply prospectively; they do not alter the terms that applied to a bid, offer, or purchase already made. Continued use of the site after a revised version is posted is agreement to the revised Terms.
Contact
Questions about these Terms may be directed to the house at:
To confirmlegal/notices contact — mailing address, email, and phone number
(Draft -- counsel to finalize.)