Terms and Conditions for Gallery 162 Fin
Conditions of Sale
Gallery 162 Fine Art Inc (Hereto referred to as "Gallery 162") is conducting an online auction. This auction is executed entirely in cooperation with the online auctioneer platform Invaluable.com and will only accept online bidding. Please note that all lots have a reserve that needs to be met for winning bid. The items for auction are from the inventory of Gallery 162. Hereinafter, Gallery 162 and the owners or others authorized to sell the items are hereinafter referred to as Sellers. The person or persons acknowledged by the auctioneer to be the highest bidder on an item shall be hereinafter referred to as the Buyer or Buyers.
Gallery 162 reserves the right to change the terms of sale. Any such change shall become part of the Conditions of Sale. By placing of a bid, the Buyer agrees to be bound by these conditions of sale.
1. The highest bidder acknowledged by the auctioneer shall be the Buyer. In the event of any dispute between bidders, the auctioneer has the absolute discretion to determine which bidder is the successful Buyer or to re-offer the item in dispute and resell it.
2. In the event of any dispute after the sale, Gallery 162's record of the final sale price and of the successful buyer shall be conclusive.
3. Gallery 162 reserves the right to sell items which are not listed in the catalog as well as the right to withdraw any lot before or during the sale.
4. All lots are sold "AS IS" and without recourse and neither Gallery 162 nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Gallery 162 nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of a condition report/ statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Gallery 162 shall have no responsibility for any error or omission.
5. Title to the offered lot shall pass to the buyer upon the fall of the auctioneer's hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other conditions of sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price or such part thereof to Gallery 162. In addition, the buyer may be required to sign a confirmation of purchase.
6. Items in the auction are subject to a reserve. Such a reserve is confidential. The auctioneer may reject any bid or increment not sufficient for the value of the lot, and the auctioneer may also execute bids on behalf of the Seller to protect the reserve.
7. Premium Terms: A premium of 25% of the successful bid will be applied to the hammer price of all properties sold, to be paid by the buyer as part of the purchase price. In addition, buyers are required to pay any sales tax, which may be due, unless exempted by law. Payment may be made by wire transfer or check. All items must be paid for and cleared within 7 days of the sale, at which point they will be released for shipment or delivery.
8. Shipping Terms: Upon request, Gallery 162 will facilitate the shipping of purchases to buyers at an additional charge for packing, shipping 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, Gallery 162 is the sole judge of the method to be used for shipment. Packing and shipping costs will be noted on the invoice to successful bidders after the sale, and are based on the actual costs involved. Be advised that a full commercial invoice must accompany any purchase shipped.
9. Refunds.
Limited Warranty: Gallery 162 Fine Art shall consider any reasonable request for refund on the grounds of authenticity of authorship only and only under the following conditions: A. Notification must be made to Gallery 162 in writing and including photographs within 10 days of receipt of the item. B. The items must be returned within 30 days of the sale, accompanied by written testimony from a recognized authority that the lot in question is a forgery. C. The limited warranty does not extend to the lots identified as attributions, school, circle, manner, or after. D. The limited warranty is applicable only to the original Buyer. Any packing/shipping charges incurred for the purchase or return of the lot is not refundable. After the 30 day period, all items are considered to have been sold "as is, where is, without recourse." Bidding at this auction event indicates that you have read and accepted these conditions
10. The respective rights and obligations of the parties with respect to the conditions of sale and the conduct of the auction shall be governed and interpreted by the laws of the province of Ontario. By bidding at an auction, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of Ontario.
Shipping Terms
Upon request, Gallery 162 will facilitate the shipping of purchases to buyers at an additional charge for packing, shipping 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, Gallery 162 is the sole judge of the method to be used for shipment. Packing and shipping costs will be noted on the invoice to successful bidders after the sale, and are based on the actual costs involved. Be advised that a full commercial invoice must accompany any purchase shipped.
Premium Terms
7. Premium Terms: A premium of 25% of the successful bid will be applied to the hammer price of all properties sold, to be paid by the buyer as part of the purchase price. In addition, buyers are required to pay any sales tax, which may be due, unless exempted by law. Payment may be made by wire transfer or check. All items must be paid for and cleared within 7 days of the sale, at which point they will be released for shipment or delivery.
Condition Terms
'The lot is sold in the condition it is in at the time of sale. The condition report is provided to assist you with assessing the condition of the lot and is for guidance only. Any reference to condition in the condition report for the lot does not amount to a full description of condition. The images of the lot form part of the condition report for the lot provided by Gallery162 Fine Art. Certain images of the lot provided online may not accurately reflect the actual condition of the lot. In particular, the online images may represent colours and shades which are different to the lot's actual colour and shades. The condition report for the lot may make reference to particular imperfections of the lot but you should note that the lot may have other faults not expressly referred to in the condition report for the lot or shown in the online images of the lot. The condition report may not refer to all faults, restoration, alteration or adaptation because Gallery162 Fine Art's is not a professional conservator or restorer but rather the condition report is a statement of opinion genuinely held by Gallery162 Fine Art. For that reason, Gallery162 Fine Art's condition report is not an alternative to taking your own professional advice regarding the condition of the lot.'
