11. Limited Liability
Our liability is subject to the following terms, and as may be described elsewhere in these Conditions of Sale:
(a) We agree to refund the Purchase Price in the circumstances explained in Section 12. In addition, and subject to the terms of this Section 11, the limit of liability for us and the Seller to you in connection with the sale of any Property shall be equal to the amount of the Purchase Price actually paid for the Property. Otherwise, we (including our parent company, subsidiaries, officers, employees or agents) and the Seller are not responsible for:
(i) the correctness of any statement of any kind concerning any Property, whether written or oral;
(ii) any other errors or omissions in descriptions concerning any Property, whether written or oral; or
(iii) any faults or defects in any Property.
(b) Except as stated in Section 12, we (including our parent company, subsidiaries, officers, employees, or agents), and the Seller make no representations, warranties, guarantees, or assume liability of any kind, whether express or implied, with respect to the Property (including, but not limited to, merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance, or as to whether the buyer acquires any copyrights or other such reproduction rights in the Property), and no statements regarding the Property shall be deemed such a warranty, representation, guarantee or assumption of liability.
(c) We shall not be liable for the timely and correct submission of offers or bids, including where technical problems may arise. We shall assume no liability whatsoever for the permanent availability of our website.
(d) Where technical problems prevent the continuation of a sale at auction or via the Online Shop, the following shall apply:
(i) If Property is not sold prior to the technical problem arising, then the Property will be offered for sale at a later point in time that we will determine and specify on our website at www.auctionata.com (or on any other website we operate) at least one (1) week in advance of the date which the Property will be re-offered for sale at auction or via the Online Shop; and
(ii) All winning bids that were made before the arising of the technical problems shall remain valid.
(e) We offer no guarantees that the Online Shop will be permanently available.
(f) We accept no liability should our website be: (i) limited in its functionality or operation for any reason including our need to perform maintenance work or technical security measures; and (ii) destroyed as a result of unforeseen events beyond our control, including but not limited to strikes, war, armed conflict, acts of terrorism, acts of god, system malfunction or other external factors. Auctionata shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of our website.
(g) We accept no liability for the unauthorized access to our website and to any personal data collected and processed on it as a result thereof.