Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.jartauctions.com website and/or mobile application (the "Service") operated by jartauctions.com ("us", "we", or "our").
the person who places a bid during the auction.
verbal, being physically present at time of sale, by telephone, written (absentee)bid, or a bid made in another way,if explicitly offered by Jartauctions such as electronically, through the Internet via live platform and/or per email.
Costs which must be paid by the seller including VAT.
Hammer price :
The highest (winning) bid for a lot at auction. It is the price upon which the auctioneer’s hammer falls, determining the sale price, excluding premium.
one or more objects/goods submitted for auction by a seller.
Sales price :
the hammer price plus premium and possibly “Droit de Suite” fee.
the bidder whose bid is accepted during the auction, or the bidder whose highest bid is accepted during an online auction,
the costs which must be paid by the seller and/or the buyer to Jartauctions for services rendered, including VAT applicable such as but not limited to costs for research, inspections, valuation, restoration, pictures, delivery, storage, and premium.
Limit (Reserve) :
the minimum hammer price agreed by seller and Jartauctions.
Margin scheme :
Margin scheme based on Art 5 of the VAT Law -1968.
Costs which must be paid over the hammer price by the buyer including VAT.
Jartauctions not selling a object even though bids have been received.
Consignor (seller) :
the person who, as full owner or as legal representative of the full owner, submits a object to be sold at auction.
Artist Resale Right (Droite de suite) :
a percentage of the hammer price plus premium excluding VAT, based on the Copyright Act for sale of original works of art: a work of graphic or visual art such as images, collages, paintings, drawings, engravings, prints, lithographs, sculptures, carvings, tapestries, ceramics, glass objects and photographs by living artists and artists who died within 70 years prior to the date of the sale, which is charged to the buyer.
*) Terminology :
The first name/s and surname of the artist (with or without date of birth and/or death) : In our opinion a genuine work , painted by the artist
"Attributed to" : In our opinion possibly a work by the artist.
"Manner of" : In our opinion a work in the style of the artist but likely of later date.
"After" : In our opinion a copy (of any date) of a work of the artist.
"With signature", and/or "With date, /dated", "With inscription /inscribed", or "Bears signature ans/or date and/or inscription" : In our opinion the signature/date/inscription has been added by someone other than the artist
Condition of lot(s) : Absence of a condition report and/or detailed description does not mean a lot is/ cannot be without damage, flaws etc. at time of viewing and time of auction, further is sold in under terms as described under *3).
The Consignor (seller) must be 18 years of age and must provide a valid proof of identity.
The Consignor (seller) and Auction House (Jartauctions) may agree a reserve price
The Consignor (seller) receives a confirmation which includes a general description of the object(s), condition, and reserve price if applicable.
The object(s) will be offered at first available auction.
Jartauctions is entitled to photograph, illustrate of otherwise depict or cause to be depicted in any manner, all objects before, during as after the auction. The Consignor (seller) is liable for all costs.Jartauctions retains the copyright to these images.
Sellers obligations and warranties
The Consignor (seller) guarantees Jartauctions that he is the legal owner of the object(s), or that he has the authority to act on behalf of the legal owner. Seller safeguards Jartauctions against all claims by third parties based on the violation of any rights to the object(s), including intellectual property rights.
The Consignor (seller) is liable for payment of commission to Jartauctions. In case of unsold object(s) as result reserve price has not been met, the seller is liable for the payment of the object(s) reserve price.
If Jartauctions has received the full sum owed by the buyer, Jartauctions is to pay all proceedings of the sale to the consignor after thirty days, minus any costs.
Jartauctions (Hereafter Auctioneer) and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein).
All property is sold "As Is / Where Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property.
If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs.
Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price.
A premium equal to 29% of the successful bid will be added thereto and is payable by the purchaser as part of the total purchase price.
The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction.
In case of bidding by phone, bidder automatically bids the opening bid, set at 50% of the low estimate.
On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser based on payment reminders sent to purchaser, or (b) re-sell the property without notice and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased.
The Auctioneer reserves the right to withdraw any property at any time before actual sale.
Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments.
The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale
Bidding will constitute full acceptance of the terms and conditions herein.
Payment will be accepted in cash, via bank wire, Maestro, Visa, MasterCard or American Express. For payment via Paypal, 5% is added to the total. Bank wire is mandatory for purchases over five thousand Euro without any exceptions. For internet bidders, if payment is not received within 5 business days following the auction, a payment reminder will be sent. If payment is not received within 10 business days of the auction, Jartauctions reserves the right to void the sale of the item(s) to that bidder, and make the item(s) available for sale to the under bidder.
In addition, any non-paying bidder's invoice with all registered contact data will be forwarded to our international operating Debt collecting agency Intrum Justitia and is subject to fees, liable for additional costs to the agency and/or court fees if applicable. Bidder is further prohibited from registering for any future auction that is held by Jartauctions.
Upon request,we will facilitate the shipping of purchases to buyers at an additional charge for packing, postage and insurance, but will not be responsible for any loss, damage or
delay resulting from the packing, handling and shipping thereof. Unless specific instructions are received, Jartauctions is the sole judge of the method to be used for shipment.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service. By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the service.
6) Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Jartauctions. Jartauctions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Jartauctions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or all edged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
All agreements between the Auction House and the Seller and/or Bidder and/or Buyer only Dutch law is applicable. All disputes, including those which are considered as such by one party only, resulting from or in relation to the legal relation to which the present conditions are applicable, or the conditions concerned itself or its execution, both in the factual and legal sense, will be settled by the Court of The Hague without prejudice to the right to appeal and cassation and the requesting of a temporary provision.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you have any questions about these Terms, please contact us at email@example.com