The terms and conditions herein (“Buyer Terms and Conditions,” “Conditions of Sale,” “Terms and Conditions,” or other similar pronouns) sets forth the terms of the agreement between the bidder, buyer, and/or representative of the buyer and/or bidder and/or representative (“Bidder,” “Buyer,” “Representative,” “Bidder/Buyer/Representative,” “you,” “your,” or other similar pronouns), as bidder and/or buyer and/or representative, and FORTUNA AUCTION LLC (“Fortuna,” “we,” “our,” or “us” or other similar pronouns), as auction house, regarding the sale of the property (“Property”) being offered in this auction. These terms govern your participation in the auction as a bidder and/or buyer and/or representative as well as your access to and use of any digital, print, and intellectual properties and materials owned by Fortuna. If you are using any digital platform including but not limited to websites, mobile applications, or online bidding platforms (“digital platform” or “digital platforms”), whether owned by Fortuna or a third party, additional terms and conditions may apply and shall be posted by or made available to you by the platform owner. We retain the right, in our sole discretion, to change these Terms and Conditions from time to time, at any time, for any reason, and without notice to you. Any such changes shall be sent to you via posted mail, email, and/or posted online or otherwise made available to you by the means of our choosing. By participating in the auction and/or accessing, using, bidding, and/or buying, on any digital platforms at our auction, you accept and agree to be bound by these Terms and Conditions, as well as any additional terms and conditions required by the digital platform you are using. Upon any update or change in any of these Terms and Conditions, your continued use, access, and/or participation will be considered acceptance of those changes. If you do not agree to these Terms and Conditions you may not participate in the auction and may not access or use any digital platform to register for, participate in or access any of our auctions.
These Terms and Conditions, including any amendments made by Fortuna via published or posted notices and/or verbal announcements during the sale, along with the Master Consignment Agreement, constitute the entire terms and conditions upon which the Property listed in the catalog shall be offered for sale and/or sold by Fortuna Auction LLC and any consignor of such property for whom we serve as agent.
These Terms and Conditions shall bind the successors and assigns of all bidders and/or buyers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms herein, other than published or posted notices and/or oral announcements during the sale, shall bind us or our successors or assigns, unless explicitly stated in writing and signed by a Fortuna Authority.
The following terminology, which is used throughout these Terms and Conditions, shall be defined as follow:
Hammer Price: The Hammer Price is defined as the final and winning bid, secured by the landing of the gavel (hammer) during the live sale.
Total Purchase Price: The sum of the Hammer Price, the buyer’s premium (to be retained by us for our account and payable by the winning bidder/buyer), any associated fees and expenses due to us, and any applicable taxes.
Fortuna Authority: At the time of last revision of these Terms and Conditions, Fortuna Authority shall solely and exclusively refer to either: John Saxon, Co-CEO or Seth Holehouse, Co-CEO.
2. PROPERTY CONDITION, AUTHENTICITY, REPRESENTATION, AND WARRANTY
2.1 Property is Sold “As Is”
All Property is sold “As Is”, without any warranty or representation, expressed or implied, by us. The absence of a Property condition report does not imply any particular condition. All statements contained in this catalog, on our website, in any digital platform, in any materials, in any condition report, in any invoice, or elsewhere as it relates to this sale, as to source, authorship, origin, condition, provenance, period, culture, quality, importance, rarity, and/or historical significance are statements of opinion.
2.2 Property is Available for Inspection and Condition Reports are Available Upon Request
It is your responsibility to inspect and/or request additional photographs, videos, and/or condition reports for any Property you intend on bidding for, prior to the day of the sale. Fortuna will not be held responsible or liable for providing such information to you in time for the sale, if you do not request the information at least 48 hours prior to the sale.
2.3 Certificates of Authenticity
Fortuna will, from time to time, for various lots offered, obtain certificates of authenticity from the designer and/or manufacturer, when possible and practical, in our sole discretion and under our sole judgement. However, not all designers and manufacturers issue certificates upon request. In the event that you are a winning bidder and you attempt to obtain such a certificate from a designer and/or manufacturer and are unable to, you understand and agree that this will not constitute grounds to rescind the sale. Furthermore, you assume all such risks in the purchase of the lot(s) that you bid for and win and will not hold Fortuna liable for any costs, expenses, losses, liabilities, and/or damages as a result of such events.
2.4 Gemological Certificates and Reports
Fortuna does not guarantee and accepts no responsibility for the accuracy of the information contained in any gemological reports and/or certificates. Fortuna uses such reports and/or certificates as a point of reference. All liability with regards to accuracy shall be assumed by the gemological laboratory from which the certificate and/or report originates. Please note that different laboratories may differ in their assessments (including but not limited to: origin, type and extent of treatment) and thus such certificates and/or reports from different laboratories may contain different results. If, following a sale, a buyer obtains a gemological laboratory certificate or report from a laboratory other than the one used by Fortuna, Fortuna will not be held liable for any differences in certificates or reports. From time to time, Fortuna will guarantee certain characteristics for a gemstone offered for sale and oftentimes, the sale is contingent upon receipt of a certificate confirming such characteristics. When such a situation occurs, Fortuna will explicitly and clearly state the terms of the guarantee.
Fortuna does not guarantee the working condition of any timepieces. All timepieces are sold without warranty. Fortuna attempts to identify significant damage and make note of such damage in catalog descriptions, when and where possible. However, Fortuna makes no guarantee as to the full and complete condition report of any timepiece. Furthermore, catalog descriptions and condition reports do not necessarily include all faults, imperfections, or restorations performed on the timepiece.
2.6 Estimated Gemstone Weights
Certain gemstone weights are estimated using techniques that yield approximate measurements. The values produced by these techniques and reported in the catalog descriptions are to be used as approximations, and should not be relied upon as exact measurements.
3. BUYER’S PREMIUM
The following premiums will be applied to the buyer’s account, and due to Fortuna, on top of the Hammer Price:
25% on the first $300,000
20% from $300,001 to $3,000,000
12.5% on the excess over $3,000,000
4. AUCTION PROCESSES, PROCEDURES, AND PLATFORMS
4.1 Auctioneer’s Rights and Permissions
The auctioneer may sell, pass, withdraw, or advance a lot in any manner he or she decides and may split any bid increment for any lot at any time, all at his or her sole discretion. The auctioneer may also, in his or her sole discretion, for any reason he or she deems necessary, especially in the event that the auctioneer doubts the validity of a bid or a bidder, reject any bids, from any bidder, for any Property, at any sale and at any time. In event of a bidding dispute, the auctioneer has the sole, exclusive, and final decision in the selection of the winning bidder, the cancelation of the sale, the re-entering of a previously withdrawn lot, the re-opening and re-offering of a previously passed lot, and/or the re-selling or re-passing of the disputed lot. Any post-auction disputes that arise shall be resolved by review of our sales records, which shall act as a master record, and shall be conclusive in all respects.
4.2 Property Withdraw, Lot Consolidation/Division, and Lot Re-Sequencing
We reserve the right, in our sole discretion, for any reason we deem necessary, to withdraw any property from any sale at any time prior to the sale of such property, divide property of a lot up into multiple lots to be offered for sale, or consolidate multiple lots into fewer lots to be offered for sale, or rearrange lot sequencing. You agree to hold Fortuna harmless for any such actions. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lots shall be divided or combined for sale.
4.3 Lots With Reserves
We may offer lots subject to a “Reserve,” which is a confidential minimum price below which a lot will not be sold. If, during the course of bidding, a lot does not meet its Reserve, the auctioneer shall pass the lot. The auctioneer may bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders, until the reserve is reached, at which point the auctioneer will cease bidding on the consignor’s behalf. If Fortuna has an interest in a lot, the auctioneer will behave in the same manner, with respect to bidding on the behalf of the consignor to meet a reserve price, that he or she would otherwise behave for any third party consignor.
4.4 Consignor Integrity
Under no circumstances is any consignor or representatives of any consignor allowed to bid on their own items. If such an event takes place, the consignor will be subject to all applicable penalties and Fortuna will be permitted full authority to resolve the matter in using any available means and manner contractually and legally permitted, as outlined in the Master Consignment Agreement.
4.5 Bidding By Representative
If you wish to send a representative to bid on your behalf, you must first seek and gain the express written approval of Fortuna. You and your Representative shall accept and agree to be bound by the Terms and Conditions herein. Furthermore, the Bidder and/or Buyer agree to be held liable for the actions of your Representative, pursuant to these Terms and Conditions. In such an event, we will need the buyer’s and/or bidder’s signature on a letter of authorization, to be provided by Fortuna upon request.
4.6 Absentee Bidding, Phone Bidding, and Online Bidding Not Guaranteed
We may permit and execute absentee bidding including written bids, telephone bidding, and internet bidding as a convenience to you, if you are unable or would prefer not to attend the auction in-person. We are not responsible for any errors related to this type of bidding in any way. You further agree to hold us harmless should we fail to execute any such bids or should the digital platform, software, tool, and/or technology that you used to bid fail you at any point, for any reason.
4.7 Online Platforms and Bidding
Fortuna may allow clients to bid online via our own website, mobile application, or other third-party online platforms. By using any of these digital platforms to participate in a sale, you acknowledge that you are bound by these Terms and Conditions, as well as any additional terms and conditions stipulated by the digital platforms. At any time, Fortuna may terminate, suspend, change, discontinue, or add to any aspect of the digital platforms and/or services, in our sole discretion, without liability. We also may restrict, suspend, or terminate use of access for anyone at any time. When using any third-party digital platforms to participate in a sale. You acknowledge that Fortuna has no responsibility for any of the content, interaction, or risks associated with a third-party digital platform. Under no circumstances is Fortuna liable, directly or indirectly, for any loss or damage that you may incur on a third-party digital platform.
4.8 Title to the Property
Upon the landing of the auctioneer’s hammer, title passes to the winning bidder, subject to these Terms and Conditions and the winning bidder’s ability to fulfill his or her obligations as detailed herein. On the landing of the auctioneer’s hammer, the winning bidder shall have purchased the offered lot pursuant to, and subject to compliance with, these Terms and Conditions. At such a time the winning bidder: (a) assumes full risk and responsibility therefor, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full. No lot may be transferred. Any person placing a bid as agent on behalf of another (whether or not such person has disclosed that fact or the identity of the principal) may be jointly and severally liable with the principal under any contract resulting from the acceptance of a bid.
5. ACCOUNT SETTLEMENT & RECEIPT OF PROPERTY
5.1 Balance Due and Due Date
You will be required to pay the total balance of your account, which is equivalent to the Total Purchase Price. Unless otherwise agreed to in writing and signed by a Fortuna Authority, payment is due within seven (7) calendar days of the completion of the auction. Under certain circumstances Fortuna may offer extended payment plans/terms for certain buyers. We shall, in our sole discretion, make such decisions without disclosing any information regarding such decisions to any other party. If the buyer makes a partial payment, we shall, in our sole judgement, apply the partial payment to any particular line items or lots on the buyers account balance that we see fit in whichever manner we see fit. Payment will not be deemed made in full until we have collected good funds for all amounts due and all funds have cleared our bank account.
5.2 New York State Sales Tax
New York sales tax shall be applied to a buyers’ accounts, as a percentage applied against the taxable portion, if any, of the Total Purchase Price, and collected by Fortuna at the time of settlement, regardless of the state or country in which the buyer/bidder/representative resides or does business. Property delivered to a destination outside of New York by a shipper who is considered a “common carrier” by the New York Department of Taxation and Finance (e.g., DHL, FedEx, UPS, and/or USPS) will not be subject to New York sales tax. Buyers/bidders/representatives who make any other such arrangements for pickup or delivery in the state of New York, will be subject to New York State Sales Tax, pursuant to the details herein and all applicable laws. One final exception: If a Buyer/Bidder/Representative possesses and presents to Fortuna a resale ID, taxes are not applicable and will not be applied or collected.
5.3 Accepted Forms of Payment and Associated Limitations and Service Charges
You may settle your account using the following accepted means of payment: cash, check, money order, cashier’s check, book transfer, wire transfer, direct deposit, debit card, charge card, or credit card (the latter three collectively referred to herein as “card” or “cards”). The following cards will be accepted: Visa, Mastercard, Discover, and/or American Express. A 2% service charge will be applied to the Total Purchase Price for all card payments. Card payments shall not be accepted from first time buyers, unless otherwise approved in writing by Fortuna and authorized by a Fortuna Authority. Card payments are limited to a maximum $10,000 per buyer/bidder/representative per auction. We reserve the right, in our sole discretions, for any reason we deem necessary, to permit or deny any form of payment for any buyer/bidder/representative and the right to increase or decrease any maximums, minimums or thresholds stated herein.
5.4 Property Pickup or Delivery
Prior to account settlement, you must inform Fortuna in writing (email is preferable) of your desired method of receipt of your new property—either pickup or delivery. If requesting delivery, Fortuna will arrange a fully-insured shipment for you, with a reputable “common carrier” (e.g., DHL, FedEx, UPS, and/or USPS), however, you will be responsible for any and all insured shipping costs and/or costs affiliated with receiving the property. If picking up, or requesting delivery to a New York mailing address, you understand that you will be subject to any applicable sales taxes, as detailed herein. If you do not pick up or accept delivery of your purchased property within 10 business days of account settlement, or if we have not come to some other written agreement with regards to your receipt of the property, we may consider that property abandoned and rescind the sale on behalf of property owner. If not so, Fortuna will charge a fair and reasonable daily storage fee to cover, at a minimum, the insurance and management of your property. We reserve the right to hold the merchandise until cleared or certified funds are received and your account is fully settled. You will be charged $50 for each check returned for insufficient funds, and will be held liable for any fees or charges incurred by Fortuna for such an event. Unless exempt by law, all purchases (including buyer’s premium) are subject to New York State Sales Tax.
6. BUYER’S DEFAULT AND RESCISSION OF SALE
6.1 Buyer’s Default
If you fail to fully pay for your auction purchases, including all applicable expenses, fees, and taxes, by the due date (seven calendar days after the date of sale) or if any of the terms and conditions herein are not complied with by you and/or your Representative or if we suspect, for any reason, that you or your Representative are fraudulent or are incapable of fulfilling your obligations as a buyer, pursuant to these Terms and Conditions, you will be in default, and Fortuna will be fully entitled to and may elect to:
6.1.1 Cancel the Sale
We may cancel the sale and either offer the lot at a future auction, sell the lot privately, or return the lot to the consignor. Regardless of the course of action we elect to take, if the lot is re-sold, you shall be held fully responsible for the difference between the original total balance due and the proceeds from the resale. If we return the lot to the consignor, you shall be held fully responsible for any loss of commission we incur as a result of your actions and any other fees and expenses originally due to us on the total balance due as well as any fees and expenses we incur during the process of canceling and re-selling the lot(s); or
6.1.2 Blacklist You
We may blacklist you and prevent you from bidding with us indefinitely or for a finite amount of time, at our sole discretion, or we may require you to place a deposit with us before accepting future bids from you; or
6.1.3 Charge You Interest
We may charge you interest at a rate of up to 1.5% per month (or, if less, the maximum allowable by law), on the amount of your unpaid balance. The first interest payment will accrue one month after the due date, and will continue to accrue for each month the balance is unpaid; or
6.1.4 Hold You Legally Responsible
We can hold you legally responsible for the Total Purchase Price, plus any applicable fees or interests, and taxes, and choose to begin legal proceedings to recover it, as well as any additional legal fees, accounting fees, collections costs, incidental damages, expert fees or costs related to the matter.
6.2 Rescission of Sale Limitations
If within six (6) months from the date of sale, the original buyer provides to Fortuna written notice claiming that the representation of a lot(s) is substantially incorrect with regards to the BOLD TEXT in the catalog lot title, based on a fair reading of the catalog in its entirety and including consideration of any amendments made by Fortuna prior to the sale, and so far as the claim is in full compliance with this Section 6.2 and the following Section 6.3, Fortuna will open a case internally for further investigation. However, to remain an open case under consideration, the original buyer and property must comply with all terms herein, as follows: (1) The property in question must be returned to Fortuna within ten calendar days after such notice was provided; (2) The property must be in the same condition as it was at the time of sale; (3) The buyer must be the original buyer; and (4) The notice provided must establish a claim that is substantially complete with all necessary details, including two (2) or more written opinions by recognized and credible experts in the field, as we may reasonably require, and according to our sole judgement. Upon completion of and compliance with the prior terms, the case shall be reviewed by Fortuna and the sale of such lot will be rescinded and the original Total Purchase Price returned to the original buyer, unless we have already paid to the consignor proceeds owed him or her in connection with the sale, in which case we shall pay the original buyer an amount totaling the sum of the buyer’s premium we collected from the original buyer at the time of account settlement, as well as any recoverable taxes, fees, and expenses charged to the buyer’s account for that sale and collected from said buyer at the time of account settlement. Furthermore, we will demand of the consignor of said lot to pay the balance of the original Total Purchase Price to the original buyer. Should the consignor fail to pay such amount promptly, we may in our sole discretion disclose the identity of the consignor to the original buyer and assign to the original buyer our rights against the consignor with respect to the obligations the consignor has, if any, regarding warranties and representations, as well as the rights to collect on the subject lot under such conditions.
6.3 Claims of misrepresentation made by an original buyer will be considered unsubstantial and rescission of sale will be rejected if, for the lot(s) in question any of the following apply: (1) Representation of authenticity of such lot was in accordance with the generally-accepted opinion of specialists, scholars, and authorities of that time at the time of sale; or (2) It was specifically mentioned that there was an existing conflict in expert opinion between specialists, authorities, and/or scholars regarding the authenticity of the lot, at the time of sale; or (3) The representation of periods and/or dates in the catalog description were made using a reasonable amount of effort and with the tools and technology that were generally available and in common use at the time of publishing the sale—furthermore, if new tools, knowledge, and/or technology exists at the time of the claim, that was either not in existence, for which the accuracy was in dispute, for which was not in practice, or for which was not practically obtainable at the time of publication.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Fortuna’s Intellectual Property
Fortuna owns, solely and exclusively, all rights, title, and interest in and to all intellectual property displayed and/or contained in and/or on our digital platforms, websites, mobile applications, social media accounts, print materials (including but not limited to catalogs, marketing materials, ads, business cards), and anywhere else our intellectual property might exist. Specific examples of the intellectual property referenced here, include but are not limited to, copyrights, patent rights, database rights, trademarks, trade secrets, trade names, moral rights, logos, graphics, audio, icons, other visuals, service marks, branding and brand marks, slogans, content, authorship rights, attribution rights, modification rights, software, data, code, property descriptions, print and digital catalog text, website and marketing material text, formatting and layout, look and feel, photographs, digital images, illustrations, and/or videos developed by us or for us—whether or not such intellectual property is registered in any jurisdiction. You are not permitted to claim ownership of, download, copy, reproduce, display, transfer, distribute, publish, sell, modify, perform, create derivative works from, or otherwise make use of or exploit in any way any such intellectual property, as defined explicitly and implicitly herein, without the express and written consent of a Fortuna Authority. Your use of or observance of anything contained on our website, digital platforms, mobile applications, or any other such tools, software, materials, or platforms should not in any way be construed as granting any ownership, license or right to use any of our intellectual property without the necessary express written permission detailed herein. Fortuna may charge a licensing fee for any approved reproduction and/or use of any such property. We make no guarantee that you or anyone will be granted a license or permission to make use of any of our intellectual property.
7.2 Legal Enforcement of Intellectual Property Rights
If you violate intentionally or unintentionally, with or without knowledge of these Terms and Conditions, any of the terms and conditions herein with regards to intellectual property rights, you may be in violation of copyright laws and other laws of New York, the United States, and/or other countries and may be subject to liability for such unauthorized use. Fortuna will uncompromisingly enforce its intellectual property rights to the fullest extent of the law. Furthermore, by participating in any auction, visiting our website, digital platforms, mobile applications, or interfacing with Fortuna in any way, you agree to these Terms and Conditions and will grant Fortuna the right to fully pursue legal prosecution if you are found to be in violation of these Terms and Conditions.
7.3 Violation of Your Rights
If you believe or suspect that your intellectual property rights have been violated in any way by something we have used or are in use of, please kindly mail and/or email our NYC headquarters with the details. In your letter to us, please include your contact information including full name, phone number, email address, and mailing address; a description of the intellectual property you believe has been violated; and a statement by you, that the information in your letter is accurate, that you are either the intellectual property owner or authorized to act on the intellectual property owner's behalf, that you believe that the owner’s rights have been violated, and that you would be willing to testify to your claims and the accuracy of your claims in court, under penalty of perjury. Please electronically or physically sign the letter and submit to us for our review.
8. GOVERNING LAW; JURISDICTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
8.2 Consent to Jurisdiction
Each of the parties irrevocably (1) submits to the exclusive jurisdiction of the State courts of the State of New York (and the Federal courts having jurisdiction in the State of New York, County of New York) for purposes of any judicial proceeding that may be instituted in connection with any matter arising under or relating to this Agreement, (2) waives any objection that such party may have at any time to the laying of venue of any action or proceeding brought in any such court, (3) waives any claim that such action or proceeding has been brought in an inconvenient forum, and (4) agrees that service of process or of any other papers upon such party by registered mail at the address to which notices are required to be sent to such party (Fortuna’s primary NYC office address) shall be deemed good, proper and effective service upon such party, provided that this clause (4) shall not affect the right to effect service of process in any other manner permitted by the laws of the State of New York.
8.3 Jury Waiver
Each party hereby knowingly, voluntarily and irrevocably waives, to the fullest extent permitted by applicable law, any rights such party may have to a trial by jury in any judicial proceeding that may be instituted in connection with any matter arising under or relating to this agreement.
8.4 Litigation Costs
If any party resorts to legal action to enforce any of its rights pursuant to this Agreement, the prevailing party will be entitled to recover its costs and expenses associated with such legal action, including costs of investigation, expert fees, court costs, and reasonable attorneys’ fees at trial or appeal. Attorneys’ fees incurred in enforcing any judgment in respect of this Agreement are recoverable as a separate item.
9. SECURITY INTEREST
9.1 You hereby grant Fortuna, to the fullest extent permitted by applicable law, a security interest in and permit Fortuna to retain as collateral security, the Property and the proceeds of the sale of the Property, to secure the payment of any sums Buyer/Bidder/Representative are obligated to pay under these Terms and Conditions or of any other obligation or agreement or debt due Fortuna, and Buyer/Bidder/Representative agrees to execute any documents Fortuna may request to perfect this security interest. Fortuna will also retain all rights of a secured party under applicable law. Any foreclosure sale or other action to pursue Fortuna’s rights will be governed by the UCC (which shall mean the New York Uniform Commercial Code, except where the Uniform Commercial Code of another state governs the perfection of a security interest in collateral located in that state).
9.2 Where two or more amounts are owed in respect to different transactions by the buyer to us and any of our other related entities, subsidiaries or parent companies within the Fortuna Luxury Group, we reserve the right to recover any balance due to any said entities, prior to settling with the buyer. If any sums due to us from the buyer, as a result of the activities described and contemplated in this Section 9, are not paid promptly, we reserve the right to impose a finance charge equal to 1.5% per month (or, if lower, the maximum interest permitted by applicable law), on all amounts due us, beginning on the 30th day following the sale, until the account is fully settled.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend and indemnify Fortuna, its affiliates and related entities, its officers, its directors, its employees and agents, and hold the same harmless from and against, any and all claims, demands, actions, liabilities, costs, losses and/or damages (including, without limitation, indirect, incidental, consequential, economic, compensatory, and/or business losses), and expenses (including, without limitation, reasonable attorneys’ fees of counsel selected by the indemnified person, who may be in-house counsel, and any expert or accounting fees) in anyway arising out of or resulting from your use of any tools, software, digital platforms, websites, bidding platforms, or materials provided by Fortuna or any third party in connection to Fortuna, including but not limited to print catalogs, bidder registration forms (both print and digital), website content and functionality, any digital platform or service thereon, your placement or transmission of any messages, information, content, or other materials through email or any digital platform, or your deceptive omissions or fraudulent acts, or your breech of these Terms and Conditions, or your violation of any laws or regulations or any right of any third party (including infringement of any intellectual property rights of any entity). Furthermore, we reserve the right to assume exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fortuna in defense of any such claim. Fortuna shall provide prompt notice to you of any such claim or lawsuit, provided that we are made aware of such legal action, and, if it is one asserted by a third party, we shall provide reasonable assistance to you, at your expense, in your defense against any such claim or lawsuit.
10.2 Limitation of Liability for Representation or Warranties
Except as expressly provided herein, all property is sold “as is.” Fortuna makes no explicit or implicit warranties or representations, as to the value, condition, accuracy of the description, attribution, authenticity, age, period attribution, or provenance of the property. The buyer agrees that Fortuna shall not be held liable for any damages or losses from errors or omissions in such thing. Fortuna makes no guarantees or warranties with regards to the transfer of ownership or granted licenses or any intellectual property under any circumstances. Furthermore, if any act of God, terrorism, natural disaster or other similarly-unpredictable, unanticipated, and uncontrollable event prevents Fortuna from fulfilling its obligations or causes damages, losses, or harm to any buyer in any way, the buyer agrees that Fortuna will not be held liable beyond any existing balance due at the time of the subject event and limited to the funds recoverable from insurance policies, provided that, at the time of the event, Fortuna retained such insurance.
10.3 Limitation of Digital Warranties and Liabilities
All online and digital platforms that Fortuna uses or offers, both in-house and third-party, including but not limited to, all functions, materials, content, experiences, and services, is provided "as is," "as available," and without warranty of any kind. Fortuna is not liable for any aspect of online and digital platform service, including but not limited to data processing, uptime, uninterrupted access, accuracy, or data. Fortuna makes no warranty or guarantee that any online and digital platform meets user expectations or requirements. Fortuna assumes no liability for any potential risk that may relate to online and digital platforms, including but not limited to viruses, lost data, stolen data, damaged data, or any other personal property that may affected through the use of online and digital platforms. Fortuna also assumes no responsibility for any error or issue that relates to our auctions on any online or digital platform, including but not limited to bidding errors, downtime during an auction, loss in winning any lot offered in sale, or confusion or misunderstanding of platform operations or content. If you are dissatisfied with any such digital platforms, you shall cease use of the platform and notify the platform owner.
10.4 If any part of these Terms and Conditions is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.