This Limitation of Liability explains the role of KOTLYARS, the allocation of responsibilities between marketplace participants, and the extent to which KOTLYARS limits its liability, only to the maximum extent permitted by applicable law.
KOTLYARS provides a digital marketplace and auction platform. It does not assume responsibility for matters that remain under the control of buyers, sellers, or third-party service providers, except where applicable law requires otherwise.
This document supplements the Terms and Conditions together with any service-specific terms, marketplace rules, or subscription plans. Where mandatory legislation applies, those legal requirements prevail over any conflicting provision.
- Application and Document Hierarchy. These limitations apply to all use of the KOTLYARS website, user accounts, listings, auctions, communications, and related services. Where different platform documents apply simultaneously, the more specific terms govern the relevant service unless mandatory law provides otherwise.
- Mandatory Rights Remain. Nothing in this document excludes or limits any right or remedy that cannot legally be excluded or restricted, including mandatory consumer protections. If any provision is found unenforceable, the remaining provisions continue in effect to the fullest extent permitted by law.
- Role of KOTLYARS. KOTLYARS operates as a digital marketplace where users may list items, exchange information, and conduct auctions or private sales. Unless expressly stated otherwise, KOTLYARS is not the seller, buyer, manufacturer, importer, exporter, owner, or contracting party for listed items. The actual legal role of KOTLYARS depends upon the specific service provided and applicable law.
- No Agency or Fiduciary Relationship. Registration, account creation, listing review, publication of content, communication tools, or dispute assistance do not create an agency relationship, partnership, joint venture, fiduciary duty, or similar legal relationship between KOTLYARS and any user. Users may not act or make representations on behalf of KOTLYARS without prior written authorisation.
- Contract Between Users. Unless a specific service expressly provides otherwise, contracts for the sale of items are concluded directly between buyers and sellers. Those parties remain solely responsible for payment, delivery, ownership transfer, contractual performance, and any remedies arising from their agreement. KOTLYARS may facilitate communication or enforce platform rules but does not assume contractual obligations belonging to marketplace participants.
- Listings and User Content. Descriptions, photographs, specifications, certificates, and other listing information are generally supplied by sellers or independent third parties. Although KOTLYARS may review or moderate listings, publication does not constitute verification, endorsement, or a guarantee that all information is complete, accurate, or lawful.
- Authenticity, Provenance and Certificates. Sellers remain responsible for authenticity, provenance, ownership, attribution, composition, treatments, hallmarks, and supporting documentation relating to listed items. Laboratory reports, expert opinions, certificates, or third-party verifications have only the scope stated within those documents and do not constitute a warranty by KOTLYARS unless expressly stated.
- Condition, Estimates and Price. Antique, vintage, artistic, jewellery, and collectible items may contain wear, restoration, repairs, alterations, or characteristics not fully visible in photographs. Estimates, reserve prices, editorial commentary, comparable sales, or market guidance do not guarantee market value, investment performance, future resale value, or profitability.
- Auctions, Bids and Notifications. Users are responsible for confirming the lot number, bid amount, currency, fees, and auction status before submitting bids. Network delays, browser caching, notification timing, or technical interruptions may affect displayed information. KOTLYARS cannot guarantee successful last-second bidding or delivery of every notification. Official auction records maintained by the platform determine the authoritative bidding history.
- Availability and Technical Risk. KOTLYARS aims to provide reliable platform services but cannot guarantee uninterrupted availability, error-free operation, or compatibility with every device or network environment. Planned maintenance, security updates, communications failures, and circumstances beyond reasonable control may temporarily interrupt platform services.
- Third-Party Services and Links. Laboratories, authentication experts, logistics providers, insurers, payment providers, cloud services, communication platforms, and other third-party organisations operate independently unless expressly stated otherwise. Links, integrations, or references do not constitute guarantees regarding their services, conclusions, or continued availability.
- Payments and Financial Decisions. As of the Effective Date, KOTLYARS does not receive, process, or hold payments for listed items. Payments made directly between users or through independent financial institutions remain subject to the terms of those providers. KOTLYARS cannot reverse transfers, guarantee refunds, or determine payment disputes or chargebacks. Information provided by KOTLYARS should not be regarded as financial, investment, tax, or insurance advice.
- Delivery, Insurance and Customs. Unless KOTLYARS expressly contracts as a logistics provider, buyers and sellers remain responsible for shipping arrangements, packaging, insurance, customs compliance, import and export requirements, duties, taxes, inspection upon delivery, and allocation of shipping risks. Estimated delivery times and shipping costs are indicative only.
- User Conduct and Illegal Items. KOTLYARS is not responsible for unlawful conduct by users, counterfeit documentation, prohibited items, fraudulent behaviour, or rule violations solely because those activities occurred through the platform. However, KOTLYARS will take appropriate action where required by applicable law or upon receiving sufficient information regarding unlawful activity.
- Account, Security and Data. Users remain responsible for maintaining the confidentiality of login credentials, protecting their devices, keeping account information current, and promptly reporting unauthorised access. KOTLYARS implements reasonable security measures but cannot eliminate every cybersecurity risk. Matters relating to personal data are governed separately by the Privacy Policy and applicable data protection legislation.
- Events Beyond Reasonable Control. KOTLYARS is not liable for delays or failures resulting from events beyond its reasonable control, including natural disasters, armed conflict, sanctions, governmental action, communications failures, cyberattacks, industrial action, or failures affecting critical suppliers or infrastructure. This provision does not limit any mandatory legal remedy that remains available under applicable law.
- Excluded Categories of Loss. To the maximum extent permitted by law, KOTLYARS is not liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, business opportunities, reputation, anticipated savings, or data suffered by business users. These exclusions apply only where legally enforceable and do not exclude liability arising from matters for which KOTLYARS is legally responsible.
- Aggregate Limit and Specific Service. Where the Terms and Conditions or a particular subscription plan establishes a monetary limitation of liability, that limitation applies only to the relevant service, for the specified period, and only where permitted by applicable law. Nothing in this document creates an automatic zero-liability limit or deprives users of mandatory legal remedies.
- Liability That Cannot Be Excluded. Nothing in this Policy excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, defective products, mandatory consumer remedies, data protection obligations, product safety responsibilities, unlawful content obligations, or any liability that cannot legally be excluded under applicable law.
- Mitigation, Claims and Changes. Users seeking compensation should take reasonable steps to minimise their losses and avoid unnecessary damage. Claims should be submitted through the Contact page using the applicable dispute resolution procedure and within any legally applicable limitation period. KOTLYARS may update this document where appropriate, but no amendment will reduce any accrued mandatory legal right.
Core Principle. KOTLYARS limits its liability only where applicable law permits. Nothing in this document excludes mandatory consumer protections or any legal responsibility that cannot be limited or excluded by contract.
By using the KOTLYARS platform, users acknowledge that the allocation of responsibilities described in this Limitation of Liability forms an essential part of the contractual framework governing the operation of the marketplace and its services.