Terms of Service

1.1 These Terms of Service ("Terms") govern your use of the Excious website and services (the "Service").

1.2 The Service is operated by [Company legal name — pending incorporation], a company registered in Thailand under registration number [Registration no. — pending], with its registered office at [Registered address — pending] ("Excious", "we", "us"). DBD e-commerce registration: [DBD e-commerce registration no. — pending].

1.3 You can contact us at support@excious.com (clause 24).

In these Terms:

(a) "House" means an auction house that Excious has admitted to the Service to publish Events and Items. The House owns, or sells on behalf of its consignor, every Lot it lists.

(b) "Event" means an auction published by a House, made up of Items and run live.

(c) "Item" or "Lot" means a single object listed by a House for sale in an Event or in Pre-sale.

(d) "Bid" means an offer to buy a Lot at a stated amount, placed through the Service.

(e) "Hammer Price" means the amount of the winning Bid when the auctioneer closes the Lot.

(f) "Buyer's Premium" means an additional charge calculated on the Hammer Price, payable only where it is stated for that Lot before bidding. At the date of these Terms the Buyer's Premium is zero.

(g) "Pre-sale" means the sale of an Item before its Event, either by Bid or by "Buy Now" at a fixed price.

(h) "Order" means the record the Service creates when you win a Lot or complete a Pre-sale checkout.

(i) "Spending Cap" means the maximum amount you may bid, set on your account separately for each currency.

(j) "Member" means a registered user who may bid and buy. "House Staff" means an account that acts for a House.

3.1 You accept these Terms by ticking the acceptance box when you create an account. We record which version of the Terms you accepted and when. If we change the Terms in a way that requires your acceptance (clause 21), you will be asked to accept the new version the next time you sign in, and you may not bid or buy until you do.

3.2 You may browse the catalogue and watch a stream without an account. By doing so you agree to clauses 13, 14, 18 and 20 to 24, which apply to all use of the Service.

4.1 To create an account you must be at least 20 years old, or otherwise have full legal capacity to enter into binding contracts under the law that applies to you.

4.2 You must give accurate information when you register and keep it up to date. You must verify your email address before you can bid.

4.3 You are responsible for everything done through your account. Keep your sign-in details confidential and tell us at once at support@excious.com if you think someone else has used your account. Excious does not see or store your password; sign-in is handled by our authentication provider.

4.4 One person may hold one Member account. An account may not be transferred to another person.

5.1 Excious provides a venue where Houses list Items and run live Events, and where Members bid and buy. Excious records Bids and Orders.

5.2 Excious is not the seller. The House (or the consignor the House acts for) is the seller of every Lot, and the contract of sale for a Lot is made between you and the House. Excious is not a party to that contract, is not the House's agent, and does not own, inspect, store or ship any Lot.

5.3 Excious does not take your payment. No money passes through Excious. You pay the House directly (clause 8). Excious does not hold funds for anyone.

6.1 A Bid is a binding offer. When you place a Bid you make an offer to buy the Lot at that amount on these Terms. A Bid cannot be withdrawn or changed once placed.

6.2 Who may bid. You may bid if you are a signed-in Member, your email address is verified, and the Bid is within your Spending Cap for the currency of the Lot. Spending Caps are set per currency and are not added together across currencies. If no Spending Cap is set for a currency you cannot bid in that currency. Excious sets and may change Spending Caps at its discretion.

6.3 House Staff may not bid on their own House's Lots. An account that acts for a House cannot bid on or buy that House's Lots. The Service blocks it.

6.4 Bid record. Every Bid is timestamped by our server when it is received, and the Bid record cannot be altered afterwards. The time and order in which our server received Bids decides which Bid leads and which wins. We keep the Bid record so that disputes can be checked against it (clause 23).

6.5 Soft close. In a live Lot, each new leading Bid resets the countdown to 30 seconds.

6.6 Your name on the bid history. The public bid history shows your display name in masked form (for example M***a) with the time and amount of your Bid.

6.7 Winning. The Lot is sold to the highest Bid received when the auctioneer closes it. The auctioneer may also pass a Lot unsold.

7.1 Before an Event opens, an Item may be offered in Pre-sale, where you may either bid or buy it at a fixed price with Buy Now.

7.2 A Buy Now may be completed even when another Member holds the leading Pre-sale Bid on that Item. That leading Pre-sale Bid is then void and the Member who placed it is notified.

7.3 If the Item goes to its live Event, the leading Pre-sale Bid becomes the opening amount of the live Lot, and it wins the Lot if the Lot closes with no live Bid.

8.1 What you must pay. If you win a Lot, or complete a Buy Now, you must pay the House the Hammer Price (or the Buy Now price) plus any Buyer's Premium that was stated for that Lot before you bid. No Buyer's Premium is charged at the date of these Terms.

8.2 The Order. When you win or check out, the Service creates an Order. The Order fixes the price, the currency and your shipping address at that moment; these do not change afterwards. Prices are shown in THB, USD, EUR or GBP, as set by the House for each Item. Excious does not convert currencies.

8.3 How you pay. You pay the House directly, by bank transfer or PromptPay, using the payment details the House publishes on its Excious page and shown on your Order. Use your Order number as the payment reference. Any bank, transfer or currency-conversion charges on your side are yours.

8.4 Deadline. You must pay within 48 hours after the Order is created. The House may extend that deadline once, by a further 48 hours.

8.5 Confirmation of payment. The House, not you and not Excious, confirms in the Service that it has received your payment. Once the House has confirmed payment, the Order is marked paid and the Lot is marked sold.

8.6 If you do not pay. If the House has not confirmed payment by the deadline, the Order is cancelled automatically and the Lot may be offered for sale again. A cancellation for non-payment is recorded against your account and may lead to the measures in clause 15. Cancellation of the Order on the Service does not by itself release you from any liability you may have to the House under the law.

8.7 Your Order screen is the record. The payment details and amount on your Order screen are authoritative. We also send Order emails as a convenience; we are not responsible if an email is delayed or not delivered.

9.1 Shipping is not included in the Order total. The House will tell you the shipping cost after the sale, and you pay it to the House.

9.2 Delivery method, timing, packaging, insurance, and who bears the risk of loss or damage in transit are for you and the House to agree. Excious does not ship Lots.

10.1 Because the House is the seller and Excious receives no payment, any refund, return, cancellation by agreement, or claim about the condition, description or authenticity of a Lot is a matter between you and the House. Excious has no means to refund you.

10.2 If you and the House disagree, we will, on request, give either of you the records we hold about the Order and the Bids on the Lot.

10.3 Nothing in these Terms removes any right you have as a consumer that cannot lawfully be excluded.

11.1 Each House is responsible for its own listings: the description, photographs, condition report, estimate, currency and price of each Item. Excious does not check listings for accuracy.

11.2 A House may withdraw a listing at any time before its Lot opens for bidding.

12.1 Houses are admitted to the Service by Excious and also sign a separate written agreement with Excious. If that agreement and these Terms conflict, the agreement governs between the House and Excious.

12.2 Each House warrants that it holds every licence and permit the law requires to conduct auctions and to sell the Lots it lists, and that each listing complies with clause 13.

12.3 Each House publishes its payment details on its Excious page. Those details are visible to anyone, because buyers need them to pay.

12.4 A House must confirm payment in the Service only when it has actually received the payment.

13.1 The following may not be listed:

(a) weapons;

(b) wildlife products;

(c) cultural property without documented provenance; and

(d) Thai antiques, objects of Thai historical value and Thai amulets.

13.2 A House confirms, for each listing, that the Item is not prohibited.

13.3 Anyone may report a Lot with the "Report this lot" link on its page. Excious will review reports and may remove a listing or act under clause 15.

You must not:

(a) bid on a Lot on behalf of, or in collusion with, the House that lists it, or bid to raise the price with no intention to buy;

(b) agree with other bidders not to bid, or to manipulate the price;

(c) try to get around your Spending Cap, the self-dealing block in clause 6.3, or any suspension;

(d) arrange to buy a Lot outside the Service after seeing it on the Service, in order to avoid the Service;

(e) copy, scrape or harvest data from the Service by automated means;

(f) interfere with, record, or rebroadcast a live stream without the House's permission, or disrupt the Service;

(g) impersonate anyone, or open an account for someone else; or

(h) use the Service for anything unlawful.

15.1 If you breach these Terms, fail to pay for an Order, or we reasonably believe your use puts others at risk, we may, usually in this order: warn you; suspend your bidding by setting your Spending Cap to zero; suspend your account; or, for a House, suspend the House. We may skip steps where the breach is serious.

15.2 You may close your account at any time by writing to support@excious.com. We may delay closure while you have an unpaid or unshipped Order.

15.3 After closure we keep Orders for 7 years and Bid records for 3 years, for tax, accounting and dispute purposes, and delete or anonymise your other account data within a reasonable time. The privacy notice explains this in more detail.

15.4 Clauses 8.1, 8.6, 10, 15.3, 18, 20, 22 and 23 continue after your account is closed.

16.1 Each Event is a live video stream in which the House's auctioneer opens and closes each Lot on camera. Only the House's own staff broadcast. Bidders never appear on camera.

16.2 Excious does not record streams.

16.3 If a stream or your connection is interrupted, the auctioneer may pause, re-open or pass a Lot. Whether and when a Bid was received is decided by our server's Bid record, not by what your screen showed. We are not responsible for a Bid that did not reach our server.

17.1 How we handle personal data is explained in our privacy notice, which forms part of these Terms.

17.2 By buying a Lot, you agree that your name and shipping address are given to the House so that it can confirm your payment and ship to you.

17.3 By using the Service as a House, you agree that your payment details are published on your House page.

18.1 The Service, its design and its software belong to Excious or its licensors.

18.2 Each House keeps ownership of its listing content and streams, and grants Excious a non-exclusive, royalty-free licence to host, display, and promote them on and in connection with the Service.

18.3 You keep ownership of anything you post, such as your display name, profile and reports, and grant Excious a non-exclusive licence to use it to run the Service.

19.1 Excious charges no fee to Members or Houses at the date of these Terms. There is no Buyer's Premium, commission or listing fee.

19.2 Excious will not charge a fee, or collect payments on the Service, unless amended Terms describing it have been notified under clause 21 and accepted by you.

20.1 We provide the Service with reasonable care and skill, but we do not promise that it will be uninterrupted or error-free.

20.2 We are not responsible for the Lots, the House's descriptions of them, the House's performance of the sale, or anything that happens between you and a House outside the Service.

20.3 To the extent the law allows, our total liability to you in connection with the Service is limited to the greater of (a) the total fees you paid to Excious in the 12 months before the claim and (b) [THB amount — to be set by counsel].

20.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or any other liability that cannot be limited or excluded under Thai law, including the Unfair Contract Terms Act B.E. 2540 and consumer protection law.

21.1 We may change the Service from time to time.

21.2 We may change these Terms. We will notify you of a material change by email and by notice on the Service at least 30 days before it takes effect, and ask you to accept the new version under clause 3.1. A change that is needed to comply with the law, or that is only in your favour, may take effect sooner. If you do not accept a change, you may close your account under clause 15.2.

22.1 These Terms are published in English and in Thai. If the two versions differ, the Thai version prevails.

22.2 Only these Terms and our privacy notice are legal text. Thai wording elsewhere in the Service is provided for convenience and does not change any right or obligation under these Terms.

23.1 These Terms are governed by the laws of Thailand.

23.2 If you believe a Bid was recorded wrongly, write to support@excious.com within 14 days after the Event, giving the Lot and the time. We will check the server Bid record and tell you what it shows. Our answer on what the record shows is final as to the platform's record, but does not affect any legal claim you may have.

23.3 The courts of Thailand have jurisdiction over any dispute arising from these Terms or the Service.

24.1 Questions about these Terms, a Lot or an Order can go to support@excious.com.

24.2 If any part of these Terms is found invalid, the rest remains in force.

24.3 If we do not enforce a right straight away, we have not given it up.

24.4 You may not transfer your rights under these Terms. We may transfer ours to a company that takes over the Service, and will tell you if we do.

24.5 These Terms, the privacy notice and, for a House, its agreement with Excious, are the whole agreement between you and Excious about the Service.