Conditions of Sale & Privacy Policy
Conditions of Sale
The following Conditions of Sale and Terms of Guarantee are Sotheby's, Inc. and the Consignor's entire agreement with the purchaser and any bidders relative to the property listed in this e-catalogue.
The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this e-catalogue are subject to amendment by us by the posting of such amendments on the Sotheby's website (www.sothebys.com) and the Invaluable website (www.invaluable.com). The property will be offered by us as agent for the Consignor, unless the e-catalogue indicates otherwise.
By participating in any sale, you acknowledge that you are bound by these Conditions of Sale and Terms of Guarantee.
1. As Is
Goods auctioned are often of some age. The authenticity of the Authorship (as defined below) of property listed in the e-catalogue is guaranteed as stated in the Terms of Guarantee and except for the Limited Warranty contained therein, all property is sold "AS IS" without any representations or warranties by us or the Consignor as to merchantability, fitness for a particular purpose, the correctness of the e-catalogue or other description of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the e-catalogue, an advertisement, a bill of sale, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the e-catalogue, glossary, or any supplemental material. Sotheby's will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.
2. Inspection
Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Where no exhibition is held for a timed auction, you may contact us to arrange inspection.
3. Buyer's Premium
A buyer's premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 25% of the hammer price up to and including $200,000, 20% of any amount in excess of $200,000 up to and including $3,000,000, and 12% of any amount in excess of $3,000,000.
4. Withdrawal
We reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
5. Per Lot
Unless otherwise stated, all bids are per lot as numbered in the e-catalogue.
6. Registration
In order to bid, you must first register on the Sotheby's website or the Invaluable website. Sotheby's reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale. Bidders should also consult the Sotheby's Website or the Invaluable website for the most up to date cataloguing of the property in this e-catalogue. Bidders are responsible for making themselves aware of all available notices, which will be posted online.
7. Bidding
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Neither Sotheby's nor the Consignor is responsible for any errors in bidding. We reserve the right to reject any bid. The highest bidder acknowledged by the Sotheby's and Invaluable online bidding systems will be the purchaser. Sotheby's has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
8. Closing Bidding
Bids may be submitted from the start of the auction until bidding on the specific lot closes. An end time will be displayed for each lot on the lot detail page. Lots will close in one minute increments unless a bid is placed within 5 minutes of a lot's scheduled end time, in which case we will extend the sale of that lot by 5 minutes from the time of the last bid. The extension of any one lot's closing time does not affect any other lot's closing time; therefore, it is possible that lots will close out of numerical lot order.
9. Record of Sale
The record of sale kept by Sotheby's will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Sotheby's, the record of sale will govern.
Successful bidders will be notified and invoiced by Sotheby's after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Sotheby's following the sale, the invoice prevails.
10. Purchaser's Responsibility
Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Sotheby's has received the full purchase price in cleared funds. The purchaser's obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Sotheby's is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser's unconditional obligation to pay the full purchase price. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage rate of Prime + 6% of the total purchase price if payment is not made in accordance with the conditions set forth herein. Please note Sotheby's reserves the right to refuse to accept payment from a source other than the buyer of record.
Unless otherwise agreed by Sotheby's, all property must be removed from our premises by the purchaser at his expense not later than 30 calendar days following its sale. Buyers are reminded that Sotheby's liability for loss or damage to sold property shall cease no later than 30 calendar days after the date of the auction. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased property, whether at public auction or by private sale, or (z) effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company, whether or not intended to reduce the purchaser's obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, custody or control or in the possession, custody or control of any of our affiliated companies, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. We shall have all of the rights accorded a secured party under the New York Uniform Commercial Code. You hereby agree that Sotheby's may file financing statements under the New York Uniform Commercial Code without your signature. Payment will not be deemed to have been made in full until we have collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale or Terms of Guarantee, must be presented directly to Sotheby's. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Sotheby's nonetheless elects to pay the Consignor any portion of the sale proceeds, the purchaser acknowledges that Sotheby's shall have all of the rights of the Consignor to pursue the purchaser for any amounts paid to the Consignor, whether at law, in equity, or under these Conditions of Sale.
11. Reserve
All lots in this e-catalogue are offered without reserve (a confidential minimum hammer price at which a lot will be sold) and will be sold to the highest bidder acknowledged by the Sotheby's and Invaluable online bidding systems who has submitted a bid equal to or in excess of $50.00.
12. Tax
Unless exempted by law, the purchaser will be required to pay the combined New York State and local sales tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price. The rate of such combined tax is 8.875% in New York City and ranges from 7% to 8.625% elsewhere in New York.
13. Export and Permits
It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any notices in the sale e-catalogue reflect Sotheby's reasonable opinion at the time of cataloguing and are for bidders' general guidance only; Sotheby's and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
14. Governing Law and Jurisdiction
These Conditions of Sale and Terms of Guarantee, as well as bidders', the purchaser's and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. All parties agree, however, that Sotheby's shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New York.
15. Packing and Shipping
We are not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
16. Limitation of Liability
In no event will our liability to a purchaser exceed the purchase price actually paid. Sotheby's will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Sotheby's or Invaluable's Online Platform software by either Sotheby's or the client; (ii) a breakdown or problem with Sotheby's or Invaluable's Online Platform software; or (iii) a breakdown or problem with a client's Internet connection, mobile network or computer.
17. Data Protection
Sotheby's will use information provided by its clients (or which Sotheby's otherwise obtains from other sources relating to its clients) for the provision of auction and other art-related services, loan services, client administration, marketing and otherwise to manage and operate its business, or as required by law, in accordance with Sotheby's Privacy Policy. This will include information such as the client's name and contact details, proof of identity, financial information, records of the client's transactions, and preferences. Some gathering of information about Sotheby's clients will take place using technical means to identify their preferences in order to provide a higher quality of service to them. Sotheby's may also disclose the client information to other Sotheby's Companies and/or third parties acting on their behalf to provide services for these purposes.
Sometimes, Sotheby's may also disclose this information to carefully selected third parties for their own marketing purposes. If you do not wish your details to be used for this purpose, please email enquiries@sothebys.com.
If the client provides Sotheby's with information that is defined by European data protection laws as "sensitive", the client agrees that it may be used for the purposes set out above.
In the course of these disclosures, personal data collected in the European Economic Area may be disclosed to countries outside the European Economic Area. Although such countries may not have legislation that protects a client's personal information, Sotheby's shall take great care to keep such information secure and in accordance with European data protection principles. By agreeing to these Conditions of Sale, the client is agreeing to such disclosure.
Please be aware that Sotheby's may film auctions or other activities on Sotheby's premises and that such recordings may be transmitted over the Internet via Sotheby's website, the eBay website, the Invaluable website and other Online Platforms.
Under European data protection laws, a client may object, by request and free of charge, to the processing of their information for certain purposes, including direct marketing, and may access and rectify personal data relating to them and may obtain more information about Sotheby's data protection policies by writing to Sotheby's, 34-35 New Bond Street, London W1A 2AA, or 1334 York Avenue, New York, NY 10021, Attn: Compliance, or emailing enquiries@sothebys.com. Sotheby's use of information collected about Invaluable users may differ and is also governed by the terms of the Invaluable Privacy Policy and Sotheby's on Invaluable Online Platform Privacy Policy, which can be found on the Sotheby's on Invaluable Auction Website throughout the registration and auction period.
18. Cancellation Right The Consumer Rights Directive (Directive 2011/83/EU) and related regulations implemented by the European Union ("EU") member states (the "Regulations") give bidders based within an EU member state (an "EU Bidder") who purchase goods and services online or otherwise "at a distance" certain cancellation rights under the Regulations.
Under the Regulations, an EU Bidder who purchases property during the sale has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU Bidder or a person identified by the EU Bidder to take possession of the property (but not the carrier of the property) (the "Goods Cancellation Period").
Under the Regulations, an EU Bidder who purchases shipping services from Sotheby's (the "Shipping Services") has the right to cancel the Shipping Services for any reason within a period of fourteen days after the date on which the contract to provide the Shipping Services is concluded (the "Services Cancellation Period") unless where at the EU Bidder's express request it has been agreed that the Shipping Services will begin during the Services Cancellation Period. In the case that the Shipping Services have begun prior to the expiry of the Services Cancellation Period, the EU Bidder will have the right to cancel the Shipping Services during the Services Cancellation Period until the Shipping Services have been fully performed after which point the cancellation right will no longer apply. If the EU Bidder lawfully cancels the contract for Shipping Services, Sotheby's will reimburse the EU Bidder all payments received from the EU Bidder in relation to the Shipping Services provided always that if the EU Bidder requested Sotheby's to begin the performance of the Shipping Services during the Services Cancellation Period, the EU Bidder will remain liable for Sotheby's reasonable costs.
To exercise the right to cancel, the EU Bidder must inform Sotheby's, Inc. at: Post Sale Services, 1334 York Avenue, New York, NY 10021; telephone: +1 212 606 7444; fax: +1 212 606 7043; uspostsaleservices@sothebys.com; of its decision to cancel the contract for the purchase of property and/or for the provision of Shipping Services (as applicable) by a clear statement (e.g. a letter sent by post, fax or email) or using the model cancellation form, a copy of which can be obtained from Sotheby's, Inc. at the address noted above. In order to meet the cancellation deadline, the EU Bidder is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired and (ii) in relation to the provision of Delivery Services before the Services Cancellation Period has expired. Sotheby's, Inc. will make any applicable reimbursement using the same means of payment as the EU Bidder used for the initial transaction, unless the EU Bidder has expressly agreed otherwise and, in any event, the EU Bidder will not incur any fees as a result of the reimbursement.
19. Conflict For bidders bidding through the Invaluable platform, in the event of any conflict between Invaluable's Terms and Conditions and Sotheby's Conditions of Sale and Terms of Guarantee, Sotheby's Conditions of Sale and Terms of Guarantee will control.
terms of guarantee
As set forth below and in the Conditions of Sale, for all lots Sotheby's guarantees that the authorship, period, culture or origin (collectively, "Authorship") of each lot in this e-catalogue is as set out in the BOLD and CAPITALIZED type in the initial heading following the lot number in the e-catalogue description of the lot, as amended by notices posted on the Sotheby's and Invaluable websites. Purchasers should refer to the Glossary of Terms, if any, for an explanation of the terminology used in the Bold or Capitalized type heading and the extent of the Guarantee. Sotheby's makes no warranties whatsoever, whether express or implied, with respect to any material in the e-catalogue other than that appearing in the Bold or Capitalized heading and subject to the exclusions below.
In the event Sotheby's in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, it shall refund to the original purchaser of record the hammer price and applicable Buyer's Premium paid for the lot by the original purchaser of record.
This Guarantee does not apply if: (i) the e-catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) during the sale, or the e-catalogue description indicated that there was a conflict of such opinions; or (ii) the only method of establishing that the Authorship was not as described in the Bold or Capitalized heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in Sotheby's reasonable opinion) to have caused damage to the lot or likely to have caused loss of value to the lot; or (iii) there has been no material loss in value of the lot from its value had it been in accordance with its description in the Bold or Capitalized type heading.
This Guarantee is provided for a period of five (5) years from the closing date of the relevant auction, is solely for the benefit of the original purchaser of record at the auction and may not be transferred to any third party. To be able to claim under this Guarantee of Authorship, the original purchaser of record must: (i) notify Sotheby's in writing within three (3) months of receiving any information that causes the original purchaser of record to question the accuracy of the Bold or Capitalized type heading, specifying the lot number, closing date of the auction at which it was purchased and the reasons for such question; and (ii) return the Lot to Sotheby's at the original selling location in the same condition as at the closing date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
Sotheby's has discretion to waive any of the above requirements. Sotheby's may require the original purchaser of record to obtain at the original purchaser of record's cost the reports of two independent and recognized experts in the field, mutually acceptable to Sotheby's and the original purchaser of record. Sotheby's shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid (the successful hammer price, plus the buyer's premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. Sotheby's and the Consignor shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
buying at auction
The following will help in understanding the auction buying process as well as some of the terms commonly used in an auction e-catalogue. All bidders should read the Conditions of Sale and Terms of Guarantee in this e-catalogue, as well as the Glossary or any other notices. By bidding in the auction, bidders are bound by the Conditions of Sale and Terms of Guarantee, as amended by notices, which together form the sale contract among Sotheby's, the seller (consignor) of the lot and any bidders, including the successful bidder (purchaser).
1. Symbol Key
http://www.sothebys.com/en/key-to-lots-symbols.html
Reserves
As indicated by a, all lots in this e-catalogue are offered without reserve (a confidential minimum hammer price at which a lot will be sold) and will be sold to the highest bidder acknowledged by the Sotheby's and Invaluable online bidding systems who has submitted a bid equal to or in excess of $50.00.
Guaranteed Property
The seller of lots with this symbol has been guaranteed a minimum price from one auction or a series of auctions. This guarantee may be provided by Sotheby's or jointly by Sotheby's and a third party. Sotheby's and any third parties providing a guarantee jointly with Sotheby's benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not successful.
Property in which Sotheby's has an Ownership Interest
Lots with this symbol indicate that Sotheby's owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest.
Interested Parties
Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot, including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the successful bidder, they will be required to pay the full Buyer's Premium. In certain instances, interested parties may have knowledge of the reserve, if any.
Restricted Materials
Lots with this symbol have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. The information is made available for the convenience of bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot; bidders should refer to Condition 13of the Conditions of Sale. Please also refer to the section on Endangered Species in the information on Buying at Auction.
Monumental
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Bidders are advised to inspect the lot and to contact Sotheby's prior to the sale to discuss any specific shipping requirements.
2. During the Auction
The E-catalogue The e-catalogue will be available online at the start of the auction and is available throughout the auction.
Estimates
Each lot in the e-catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. When possible, the estimate is based on previous auction records of comparable pieces. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates should not be relied upon as a representation or prediction of actual selling prices.
Provenance
In certain circumstances, Sotheby's may publish in the e-catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller's request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
Specialist Advice
Prospective bidders may be interested in specific information not included in the e-catalogue description of a lot. For additional information, please contact either a Sotheby's specialist or Sotheby's Client Services Department at enquiries@sothebys.com.
The Exhibition
An exhibition of the auction property will be held during the dates indicated on the Sotheby's website. There you will have the opportunity to view, inspect and evaluate the property yourself, or with the help of a Sotheby's specialist.
Notices
Notices amend the e-catalogue description of a lot after our e-catalogue has been published on the Sotheby's and Invaluable websites. Please take note of them.
Registration
Sotheby's may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid. If you are not successful on any lot, Sotheby's will arrange for a refund (subject to any right of set off) of the deposit amount paid by you without interest within 14 working days of the last day of the sale. Any exchange losses or fees associated with the refund shall be borne by you.
The Auction
Unless otherwise noted in the e-catalogue or by a notice posted on the Sotheby's and Invaluable websites, Sotheby's acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property.
Bidding
If you would like to bid, you must register on the Sotheby's or Invaluable website. Sotheby's reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale.
All lots sold will be invoiced to the name and address registered for the bid and cannot be transferred to other names and addresses. Sotheby's reserves the right to refuse to accept payment from a source other than the buyer of record. For information about registering to bid please visit the Sotheby's or Invaluable website.
Employee Bidding
Sotheby's employees may bid in a Sotheby's auction only if the employee does not know the reserve, if any, and if the employee fully complies with Sotheby's internal rules governing employee bidding.
US Economic Sanctions
The United States maintains economic and trade sanctions against targeted foreign countries, groups and organizations. There may be restrictions on the import into the United States of certain items originating in sanctioned countries, including Burma, Cuba, Iran, North Korea and Sudan. The purchaser's inability to import any item into the US or any other country as a result of these or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please check with the specialist department if you are uncertain as to whether a lot is subject to these import restrictions, or any other restrictions on importation or exportation.
Hammer Price and the Buyer's Premium
For lots which are sold, the last price for a lot noted by the Sotheby's and Invaluable online bidding systems is the hammer price. A buyer's premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer's premium will be the amount stated in the Sotheby's Conditions of Sale.
3. After the Auction
Payment
If your bid is successful, your invoice will be e-mailed to you. The final price is determined by adding the buyer's premium to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full immediately after the sale. However, under certain circumstances, Sotheby's may, in its sole discretion, offer bidders an extended payment plan. Such a payment plan may provide an economic benefit to the bidder. Credit terms should be requested at least one business day before the sale. However, there is no assurance that an extended payment plan will be offered. Please contact Post Sale Services or the specialist in charge of the sale for information on credit arrangements for a particular lot. Please note that Sotheby's will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Sotheby's prior to the sale.
Payment by Cash
It is against Sotheby's general policy to accept single or multiple related payments in the form of cash or cash equivalents in excess of the local currency equivalent of US $10,000. It is Sotheby's policy to request any new clients or purchasers preferring to make a cash payment to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver's license), confirmation of permanent address and identification of the source of the funds.
Payment by Credit Cards
Sotheby's accepts payment by credit card for Visa, MasterCard, and American Express only. Credit card payments may not exceed $50,000 per sale. Payment by credit card may be made (a) online at https://www.sothebys.com/en/invoice-payment.html, (b) by calling in to Post Sale Services at +1 212 606 7444, or (c) in person at our premises.
Payment by Check
Sotheby's accepts personal, certified, banker's draft and cashier's checks drawn in US Dollars (made payable to Sotheby's). While personal and company checks are accepted, property will not be released until such checks have cleared, unless you have a pre-arranged check acceptance agreement. Application for check clearance can be made through the Post Sale Services.
Certified checks, banker's drafts and cashier's checks are accepted at Sotheby's discretion and provided they are issued by a reputable financial institution governed by anti-money laundering laws. Instruments not meeting these requirements will be treated as "cash equivalents" and subject to the constraints noted in the prior paragraph titled "Payment By Cash".
Payment by Wire Transfer
To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by Sotheby's or contact Post Sale Services to request instructions.
Sales and Use Tax
New York sales tax is charged on the hammer price, buyer's premium and any other applicable charges on any property picked up or delivered in New York State, regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper who is not a considered a "common carrier" by the New York Department of Taxation and Finance will be charged New York sales tax on the entire charge regardless of the destination of the property. Please refer to "Information on Sales and Use Tax Related to Purchases at Auction" in the back of the e-catalogue.
Collection and Delivery
Post Sale Services
+ 1 212 606 7444
FAX: + 1 212 606 7043
uspostsaleservices@sothebys.com
Once your payment has been received and cleared, property may be released. Unless otherwise agreed by Sotheby's, all purchases must be removed by the 30th calendar day following a sale.
Shipping Services
Sotheby's offers a comprehensive shipping service to meet all of your requirements. If you received a shipping quotation or have any questions about the services we offer please contact us.
Collecting your Property
As a courtesy to purchasers who come to Sotheby's to collect property, Sotheby's will assist in the packing of lots, although Sotheby's may, in the case of fragile articles, choose not to pack or otherwise handle a purchase.
If you are using your own shipper to collect property from Sotheby's, please provide a letter of authorization and kindly instruct your shipper that they must provide a Bill of Lading prior to collection. Both documents must be sent to Post Sale Services prior to collection.
The Bill of Lading must include: the purchaser's full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
Sotheby's will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was faxed to Sotheby's when collecting. All property releases are subject to the receipt of cleared funds.
Please see the Conditions of Sale for further details.
Endangered Species
Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, rhinoceros horn etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Sotheby's suggests that buyers check on their government wildlife import requirements prior to placing a bid. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. Upon request, Sotheby's is willing to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates. However, there is no assurance that an export license or certificate can be obtained. Please check with the specialist department or the Shipping Department if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation.
The Art Loss Register
As part of Sotheby's efforts to support only the legitimate art market and to combat the illegitimate market in stolen property, Sotheby's has retained the Art Loss Register to check all uniquely identifiable items offered for sale in this e-catalogue that are estimated at more than the equivalent of US$1,500 against the Art Loss Register's computerized database of objects reported as stolen or lost. The Art Loss Register is pleased to provide purchasers with a certificate confirming that a search has been made. All inquiries regarding search certificates should be directed to The Art Loss Register, First Floor, 63-66 Hatten Garden, London EC1N 8LE or by email at artloss@artloss.com. The Art Loss Register does not guarantee the provenance or title of any e-catalogued item against which they search, and will not be liable for any direct or consequential losses of any nature howsoever arising. This statement and the ALR's service do not affect your rights and obligations under the Conditions of Sale applicable to the sale.
selling at auction
If you have property you wish to sell, Sotheby's team of specialists and client services representatives will assist you through the entire process. Simply contact the appropriate specialist (specialist departments are listed in the back of this e-catalogue), General Inquiries Department or a Sotheby's regional office representative for suggestions on how best to arrange for evaluation of your property.
Property Evaluation
There are three general ways evaluation of property can be conducted:
(1) In our galleries
You may bring your property directly to our galleries where our specialists will give you auction estimates and advice. There is no charge for this service, but we request that you telephone ahead for an appointment. Inspection hours are 9:30 am to 5 pm, Monday through Friday.
(2) By photograph
If your property is not portable, or if you are not able to visit our galleries, you may bring in or send a clear photograph of each item. If you have a large collection, a representative selection of photographs will do. Please be sure to include the dimensions, artist's signature or maker's mark, medium, physical condition and any other relevant information. Our specialists will provide a free preliminary auction estimate subject to a final estimate upon first-hand inspection.
(3) In your home
Evaluations of property can also be made in your home. The fees for such visits are based on the scope and diversity of property, with travel expenses additional. These fees may be rebated if you consign your property for sale at Sotheby's. If there is considerable property in question, we can arrange for an informal "walkthrough."
Once your property has been evaluated, Sotheby's representatives can then help you determine how to proceed should you wish to continue with the auction process. They will provide information regarding sellers' commission rates and other charges, auction venue, shipping and any further services you may require.
Sotheby's Services
Sotheby's also offers a range of other services to our clients beyond buying and selling at auction. These services are summarized below. Further information on any of the services described below can be found at sothebys.com.
Valuations and Appraisals Sotheby's Valuations and Appraisals Services offers advice regarding personal property assets to trusts, estates, and private clients in order to help fiduciaries, executors, advisors, and collectors meet their goals. We provide efficient and confidential advice and assistance for all appraisal and auction services. Sotheby's can prepare appraisals to suit a variety of needs, including estate tax and planning, insurance, charitable contribution and collateral loan. Our appraisals are widely accepted by the Internal Revenue Service, tax and estate planning professionals, and insurance firms. In the event that a sale is considered, we are pleased to provide auction estimates, sales proposals and marketing plans. When sales are underway, the group works closely with the appropriate specialist departments to ensure that clients' needs are met promptly and efficiently.
Financial Services
Sotheby's offers a wide range of financial services including advances on consignments, as well as loans secured by art collections not intended for sale.
Museum Services
Tailored to meet the unique needs of museums and non-profits in the marketplace, Museum Services offers personal, professional assistance and advice in areas including appraisals, deaccessions, acquisitions and special events.
Corporate Art Services
Devoted to servicing corporations, Sotheby's Corporate Art Services Department can prepare appraisal reports, advise on acquisitions and deaccessions, manage all aspects of consignment, assist in developing arts-management strategies and create events catering to a corporation's needs.
information on sales and use tax related to purchases at auction
To better assist our clients, we have prepared the following information on Sales and Use Tax related to property purchased at auction.
Why Sotheby's Collects Sales Tax
Virtually all State Sales Tax Laws require a corporation to register with the State's Tax Authorities and collect and remit sales tax if the corporation maintains a presence within the state, such as offices. In the states that impose sales tax, Tax Laws require an auction house, with a presence in the state, to register as a sales tax collector, and remit sales tax collected to the state. New York sales tax is charged on the hammer price, buyer's premium and any other applicable charges on any property picked up or delivered in New York, regardless of the state or country in which the purchaser resides or does business.
Where Sotheby's Collects Sales Tax
Sotheby's is currently registered to collect sales tax in the following states: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New York, Pennsylvania, and Texas. For any property collected or received by the purchaser in New York City, such property is subject to sales tax at the existing New York State and City rate of 8.875%.
Sotheby's Arranged Shipping
If the property is delivered into any state in which Sotheby's is registered, Sotheby's is required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered.
Client Arranged Shipping
Property collected from Sotheby's New York premises by a common carrier hired by the purchaser for delivery at an address outside of New York is not subject to New York Sales Tax, but if the property is delivered into any state in which Sotheby's is registered, Sotheby's is required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered. New York State recognizes shippers such as the United States Postal Service, United Parcel Service, FedEx, or the like as "common carriers". If a purchaser hires a shipper other than a common carrier to pick up property, Sotheby's will collect New York sales tax at a rate of 8.875% regardless of the ultimate destination of the goods. If a purchaser utilizes a freight-forwarder who is registered with the Transportation Security Administration ("TSA") to deliver property outside of the United States, no sales tax would be due on this transaction.
Where Sotheby's is Not Required to Collect Sales Tax
Sotheby's is not required to collect sales tax on property delivered to states other than those listed above. If the property is delivered to a state where Sotheby's is not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state.
Sotheby's is not required to collect sales tax for property delivered to the purchaser outside of the United States.
Restoration and Other Services
Regardless of where the property is subsequently transported, if any framing or restoration services are performed on the property in New York, it is considered to be a delivery of the property to the purchaser in New York, and Sotheby's will be required to collect the 8.875% New York sales tax.
Certain Exemptions
Most states that impose sales taxes allow for specified exemptions to the tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and Sotheby's is not required to collect sales tax from such re-seller. The art dealer, when re-selling the property, may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property.
Local Tax Advisors
As sales tax laws vary from state to state, Sotheby's recommends that clients with questions regarding the application of sales or use taxes to property purchased at auction seek tax advice from their local tax advisors.
GLOSSARY OF TERMS
The following are examples of the terminology used in this e-catalogue. Please note that all statements made in this e-catalogue are made subject to the provisions of the Conditions of Sale and Terms of Guarantee included in this e-catalogue:
GLOSSARY FOR PAINTINGS
Giovanni Bellini
The work is, in our best judgement, by the named artist. When the artist's forename is not known, a series of asterisks followed by the surname of the artist, whether preceded by an initial or not, indicates that the work is, in our best judgement, by the named artist.
Attributed to Giovanni Bellini
In our opinion, probably a work by the artist but less certainty as to authorship is expressed than in the preceding category.
Studio of Giovanni Bellini
In our opinion, a work by an unknown hand in the studio of the artist which may or may not have been executed under the artist's direction.
Circle of Giovanni Bellini
In our opinion, a work by an as yet unidentified but distinct hand closely associated with the named artist but not necessarily his pupil.
Style of…Follower of Giovanni Bellini
In our opinion, a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
Manner of Giovanni Bellini
In our opinion, a work in the style of the artist and of a later date.
After Giovanni Bellini
In our opinion, a copy of a known work of the artist.
The term signed and/or dated and/or inscribed means that, in our opinion, a signature and/or date and/or inscription are from the hand of the artist. The term bears a signature and/or a date and/or an inscription means that, in our opinion, a signature and/or date and/or inscription have been added by another hand. Dimensions are given height before width. Pictures are framed unless otherwise stated.
SOTHEBY'S ON INVALUABLE ONLINE PLATFORM PRIVACY POLICY
This Sotheby's on Invaluable Online Platform ("Web Site" or "Platform") is published and maintained by Invaluable. If you are a registered user of Invaluable, the Invaluable Privacy Policy governs your agreement with Invaluable with respect to Invaluable's collection, use, storage, and disclosure of your personal information.Sotheby's does not control and is not responsible for the information and privacy practices of Invaluable on the Invaluable Web site, which is operated entirely by Invaluable. You agree that Sotheby's and its affiliates will not be responsible for, and that you release Sotheby's and its affiliates from, any and all claims, liabilities, damages, losses and expenses related to unauthorized access to or use of, or any security breach relating to or affecting, Invaluable's collection, use, storage, and disclosure of your personal information.
This Sotheby's on Invaluable Online Platform Privacy Policy describes your privacy rights concerning personal information Invaluable shares with Sotheby's in connection with your access and participation in auctions by Sotheby's and its subsidiaries and affiliates (collectively referred to in this Privacy Policy as "Sotheby's," "we," "us," "our," or other similar pronouns, or "The Sotheby's Group") conducted by Invaluable on the Invaluable Online Platform.
By registering to bid in the Sotheby's auction on the Invaluable Online Platform, you consent to and accept the terms of this Privacy Policy as they may be amended from time to time, and you consent to Sotheby's collection, use, disclosure and retention of your personal information on the terms set forth in this Privacy Policy. As we update and expand our services, this Privacy Policy may change, so please review this Privacy Policy before registering to bid, accessing and/or participating in any Sotheby's auction conducted on the Invaluable Online Platform. This Privacy Policy is incorporated into, and part of, the Sotheby's on Invaluable Online Platform Conditions of Sale posted on this page, which governs your relationship with Sotheby's when you access Sotheby's auctions through the Invaluable Online Platform.
Purpose
Your privacy is a serious matter to us. In order to make your visits to Sotheby's on Invaluable Online Platform and your use of the services available through the Platform possible, Invaluable may share with us Personal Information about you and your interactions with the Platform. "Personal Information" is any information that may identify you as an individual or allow online or offline contact with you as an individual, and includes your name; title; home and/or business address; e-mail address; home and/or business telephone, wireless and/or fax number; credit card and other payment information; demographic information; your location; art interests or preferences, art purchases, auction activity and bidding history, paddle numbers, bidding amounts, payment history. "Personal Information" includes "Personal Data" as that term is defined in Article 2 of the European Union Data Protection Directive. This Privacy Policy explains, in general, what Personal Information and other information Invaluable shares with Sotheby's via the Sotheby's on Invaluable Online Platform, how that information is used, and with whom we may share that information. Please take a few minutes to read our Privacy Policy so that you understand how Sotheby's treats your Personal Information.
WHAT INFORMATION COLLECTED ON THE SOTHEBY'S ON INVALUABLE ONLINE PLATFORM DOES SOTHEBY'S RECEIVE FROM INVALUABLE
User-Provided Information
Invaluable collects Personal Information about Invaluable users who register and/or bid via the Sotheby's on Invaluable Online Platform and may share that information with Sotheby's. Invaluable may collect such Personal information, for example, through users' activities, transactions and completion of online forms on the Platform. Such information is collected, for example, when users register to bid, place bids, are successful in purchasing at auction, submit a comment or question to Invaluable, contact Invaluable or Sotheby's for customer service or use any similar "contact us" feature, send Sotheby's or Invaluable an email, or in any other way submit Personal Information to Invaluable related to their use of the Sotheby's on Invaluable Online Platform.
How is your Personal Information used
Sotheby's will use the Personal Information that Invaluable shares with us to provide services to you. For example, Sotheby's may use your Personal Information to respond to your requests and inquiries, to provide you with client service that you request, and to prevent, detect and to investigate fraud, security breaches, or other potentially prohibited or illegal behavior and to enforce our policies. We will also use your Personal Information to maintain our internal record keeping, to run credit checks and to report to credit bureaus. Late payments, missed payments, or other defaults in connection with your transaction activity on the Sotheby's on Invaluable Online Platform may be reflected in your credit report. We may match or combine information collected from you through different means or at different times, including both Personal Information and information about your use of the Platform, and use such information along with information obtained from other sources, including from third parties.
In addition, we may use your Personal Information to contact you via email, telephone or postal mail or as you otherwise authorize us in order to inform you about certain other Sotheby's events and services.
Marketing Preferences
You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information and may change your preferences regarding such uses at any time. For example, you may have the opportunity to elect whether or not to receive commercial correspondence from us related to certain auctions, sales and other services. You may also opt-out of Sotheby's promotional e-mails by clicking on the opt-out link within the e-mail you receive from us, or of Sotheby's postal mailings by following the directions in such mailings. Please be aware that it may take up to 10 business day(s)for Sotheby's to update your preferences. During that time, you may continue to receive messages from us.
Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us, including on the Sotheby's on Invaluable Online Platform.
Do we share Personal Information and Web Site Usage Information with others
Sotheby's does not sell, lease or give your Personal Information we receive from Invaluable relating to Sotheby's on Invaluable Online Platform to any other company, except as otherwise described herein.
Service Providers
Sotheby's may use third party partners to provide products or services to you. We, may, when necessary to do so, share your Personal Information with our affiliates, service providers or other third parties that provide products or Services for or through this Web Site or for our business purposes (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). These third party partners are obligated to protect the security and confidentiality of your information.
Call Center
Sotheby's may provide certain Personal Information to Sotheby's third-party call center. The third-party call center is required to keep all sensitive information about you and your use of this Web Site confidential. The call center is required to use your information solely in order to help you with registration or sign-in problems and other services.
Aggregate Statistics
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, this Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate statistics we disclose in this manner do not contain your Personal Information.
Legally Compelled Disclosures
We may disclose user information to government authorities or other third parties when we believe such disclosure is required by law. We may also disclose user information as necessary to enforce the Sotheby's Web Site Terms and Conditions, in connection with investigations, or when we believe disclosure is necessarily incident to the provision of Sotheby's services or to the protection of the rights, property or safety of Sotheby's or others.
Business Transfer
Sotheby's regards its databases of customer information (which will include your Personal Information) as a valuable asset. In the event that Sotheby's, any entity of The Sotheby's Group, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, such databases containing Personal Information may be one of the transferred assets. In addition, such a transfer may mean that your Personal Information is transferred to countries outside the European Economic Area ("EEA") even if you are located within the EEA. By using the Services you consent to such transfer of your Personal Information.
Your Access Rights
You may review and edit the Personal Information that is stored by Sotheby's by contacting Sotheby's via the email address at the end of this policy. We will endeavor to respond to your request as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. In addition, you have the right to request access to the Personal Information that we hold about you at any time.
Security
Sotheby's will take reasonable steps to protect the security and integrity of the Personal Information Invaluable shares with us, including by making your Personal Information available to our employees and agents only on a need-to-know basis. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, if we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Phishing
With identity theft a continuing problem, it has become increasingly common for unauthorised individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing."
Sotheby's will never request your password or social security number via e-mail. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password for the Platform or your credit card information) via e-mail or to a web site that does not seem to be affiliated with Sotheby's or Invaluable, or that otherwise seems suspicious to you, please do not provide any information in response to the request, and report such request to us.
Consent to Worldwide Transfer and Processing of Personal Data
Sotheby's is a global enterprise, with affiliates worldwide. When you give your Personal Information to Sotheby's, it may be processed by Sotheby's in all countries in which Sotheby's has affiliates. Each of these countries has different privacy laws that afford varying levels of protection for your Personal Information. Regardless of the laws in place in these countries, Sotheby's will treat the privacy of your information in accordance with the terms of this Privacy Policy. By providing your Personal Information to Sotheby's, you consent to Sotheby's transmission to, and processing of your information in, any jurisdiction, in accordance with this Privacy Policy.
Changes to this Privacy Policy
Sotheby's reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this Web Site, or by otherwise making such changed or updated Privacy Policy accessible to affected users. Any changes or updates will be effective immediately upon posting to this Web Site, or upon such other notice by us. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.
If you have any questions or comments regarding our privacy practices or wish to verify or change the information in our files, you may contact us at enquiries@sothebys.com. You may also send mail to us with any comments, questions or concerns at:
Sotheby's.
1334 York Avenue
New York, New York 10021
Attention: Data Quality Department
Last Modified: March 15, 2016
