Conditions of Sale
FARKASH GALLERY - Terms of Sale
"Farkash Gallery" is a privately owned company, and as such and according to that fact every buyer has the right to participate in auctions given that he read the following conditions and that he fully agrees to accept them.
1. " Farkash Gallery" acts as agent for sellers of items to be offered for sale to the public ('the Sellers').
2. " Farkash Gallery " will produce a catalogue for every sale ('The Catalogue'), which will include a list of items available at the sale, their serial numbers and opening prices. For the avoidance of doubt, information provided in the Catalogue, including opening prices, descriptions of items and any other information concerning the items, are solely for the purpose of information for potential buyers and are in no way to be construed as stand and\or obligation on behalf of " Farkash Gallery " and\or its employees and or representatives.
3. " Farkash Gallery " will appoint a person as manager of the sale ('the Auctioneer') who will be responsible on its behalf for the execution and management of the auction.
4. The Auctioneer reserves the right to prevent participation in the auction of any person. The auctioneer reserves the right to determine the winner of each lot, to cancel the sale of any item (even after it's sold) or to re-enter it for sale, at his own discretion and at any stage whatsoever. The auctioneer also has the right to withdraw or add items to the sale and to add or withdraw from the Catalogue any information about an item to be offered in the auction on the basis of information received by " Farkash Gallery " after publication of the Catalogue.
5. In order to participate in the auction, a potential purchaser must obtain a numbered paddle before the auction which will enable him to bid at the auction.
6. The auction will be conducted using US Dollars as currency.
7. On the fall of the hammer and the acknowledgment of the numbered paddle of the offerer by the Auctioneer, the offerer's offer will be binding and will be considered to be accepted and title to the item will pass to the offeror whose offer was accepted ('the Purchaser'), subject to the fulfilment by the Purchaser of all payment obligations to " Farkash Gallery " as set out hereunder. A numbered paddle will be given against the buyer or his representative's signature on an official " Farkash Gallery " document, the buyer's or his representative's signature proves acceptance of all conditions in this document as well as agreement by the buyer or his representative that the items were checked by the buyer or his representative prior to the auction and not claims or appeals by the buyer or his representative will be accepted after the auction regarding any subject whatsoever. All said in this paragraph refers to bids transferred by fax, electronic mail, telephone or any other means.
8. The amount mentioned in an offer at a sale by a Purchaser which is accepted ('the Hammer Price') shall be paid to " Farkash Gallery " by the Purchaser, together with the commission of 20% of the Hammer Price ('the Commission') and Israeli VAT on commision only. Payment to " Farkash Gallery " shall be effected immediately upon the conclusion of the auction but, at any event, not later than seven days after the date of the auction.
9. Payment can be made by cash or bank transfer with no commission. Payment by credit card involves a commission by the credit company for 3%. In cases which were approved in advance by " Farkash Gallery ", it is possible to pay by money order / bank drafts. Commission for overseas checks is 1.5%.
10. It is the responsibility of the buyer to take the purchased items, directly from the offices of " Farkash Gallery ", or by delivery service or courier on his behalf. In case a buyer requests - " Farkash Gallery " can, taking no responsibility for damages or loss, pack and ship the items, charging the buyer full costs of shipping and handling. For shipping charges - please contact " Farkash Gallery " offices. Price varies according to type of package, shipping method
and country of destination.
11. Payments to " Farkash Gallery " shall be made in cash, credit card or bank transfer.
12. An item which is priced in US dollars will be calculated in New Israel Shekels in accordance with the representative rate of exchange as published by Israel Bank on the date of the auction.
13. A Purchaser is liable to pay interest on any delay in payment, at the rate of 2% per month of the amount payable, with adjustments to index-link all outstanding amounts payable to the Dollar Exchange Rate
14. The purchaser, whether for himself or for another, is obliged to pay for the items and take them. The auctioneer has the right to take any means he thinks appropriate to ensure the purchaser keeps his obligation, among these to cancel a sale, sell the item to another, charge the purchaser with any expenses caused to the auctioneer including interest and index linkage, sue for compensation, delay the release of the item and add all expenses to the sum due. to use or to sell items handed to " Farkash Gallery " by the seller for any purpose without obtaining the owner's permission and for a price decided by " Farkash Gallery ".
15. " Farkash Gallery " is responsible for the information given regarding the items' nature, originality and condition. However all information given by " Farkash Gallery ", in its capacity as agent for the consignor, and based on accumulated information and the experience of the its experts. It is entirely the responsibility of the prospective purchaser to check and inspect the items to determine condition, quality, authenticity, size, authorship during the allocated time prior to the auction. The purchaser may submit in writing, any doubts regarding the authenticity and condition of the item within 30 days of the sale. If it is proven to " Farkash Gallery " that there has clearly been an error in the information which was given relating to any item, " Farkash Gallery " shall refund any sums paid by the purchaser and the item shall be returned to the possession of " Farkash Gallery ". Subject to this obligation, the purchaser shall have no claims and\or further demands with respect to that item. For avoidance of any doubt, it is the responsibility of the buyer to check items before their purchase, no claims regarding the items sold will be attended to or accepted after the auction. In spite of this reservation, " Farkash Gallery " will do its best to compensate the buyer in case of a justified claim, to the best judgment of the auction house.
16. A purchaser is obliged to collect the purchased item and to fulfill his obligations to pay for the item no later than seven days from the date of the sale of the item. For the avoidance of doubt, the right to possession of the item will pass only once the purchaser has fully filled his payment obligations as set out in these conditions.
17. " Farkash Gallery " will represent, free of charge, potential purchasers who do not wish or who are unable to attend the auction. !ese potential purchasers are requested to complete the Rights to Bid form in the catalogue or website, no later than one day prior to auction. " Farkash Gallery " will not be liable, under no circumstances, for any error, emissions in connection therewith.
18. Any potential purchaser who wishes to participate in the auction via telephone shall make the necessary arrangements within a reasonable time before commencement of the auction.
19. The courts or law courts of Jerusalem, Israel, shall have the sole jurisdiction in any dispute between " Farkash Gallery " and the purchaser or any potential purchaser, based on the details of this agreement and\or related to the sale and\or to the transfer of any item.
20. In any case of doubt the Hebrew version
Shipping
It is the responsibility of the buyer to take the purchased items, directly from the office of "Farkash Gallery", or by delivery service or courier on his behalf. In case a buyer requests - "Farkash Gallery" can, taking no responsibility for damages or loss, pack and ship the items, charging the buyer full costs of shipping and handling. For shipping charges - please contact "Farkash Gallery" offices. Price varies according to type of package, shipping method and country of destination. All shipping to the U.S.A will be made by courier or UPS or FEDEX.
