奢侈品及古董艺术品拍卖

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These Terms and Conditions of Sale are made by and between LOVETT LUXURY LIQUIDATIONS, Inc, otherwise known as ?Global Luxury Auctions, LLC" or any other dba that represents GLA, LLC which this document refers to as "Auction House," "We," "Our" or "Us") and Bidder ("Purchaser," "Buyer or "Agent"). The Terms and Conditions of Sale and all contents of catalogue are subject to amendment by LOVETT LUXURY LIQUIDATIONS, Inc. either by the posting of notices or announcements made by auctioneer. By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions. 1. On the fall of the Auctioneer's hammer, or upon the statement of "sold," the highest bidder or authorized agent shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and will pay the purchase price in full plus Buyers Premium and any applicable taxes. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either: (i) cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or (ii) re-sell the property on three (3) Days Notice to the Purchaser 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 and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages. 2. We Reserve the Right to Withdraw any property, at any time. This equates to ?before OR after? the actual sale, ?before Or after? the bidder has been invoiced as well as, ?before Or after? the bidder has paid in cases that are beyond the Auction House control such as missing or miss-placed inventory, error upload (inventory program), expired consignment term, damaged item etc.. Unless otherwise announced by Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue & not divisible for sale. 3. We Reserve the Right to Reject a Bid from any bidder upon our own discretion. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, the Auctioneer shall have Sole and final discretion either to determine the Successful bidder or to re-offer and re-sell the article in dispute. In the event that a dispute or claim arises the auctioneers sales records shall be considered supreme. 4. If the auction house is prevented due to fire, theft, damage or any other legitimate reason from delivery of any property won by the buyer, liability shall be limited to the sum actually paid minus shipping, packing, insurance and misc fee?s. 5. Where the consignor is indebted to us or has a monetary guarantee from us, and in certain other circumstances, we may have interest in the offered lots and the proceeds there from other than our commissions, and may bid to protect such interest. In-order to protect auction house business interest, we are entitled to a commission rate 6. If a lot is offered subject to a reserve. (Reserve = the confidential minimum price below which a lot will not be sold). Auction house reserves the right to implement such a reserve by bidding on behalf of the consignor. 7. All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to authorship, period, source, origin, measurement or condition are dualified statements and shall not be deemed to be guarantee's, representations or warranties. Please note: (i) These Terms and Conditions of Sale take precedence over any statements made to the contrary by the auctioneer, staff or affiliates. If the auctioneer warrants the quality or condition of a lot during or before the auction, the statement is not binding on the auction house or the buyer and the ?as is? provisions of these terms and conditions take precedence. (ii) notwithstanding the statement in paragraph 7, buyers have the right to a refund under certain circumstances. Within 48 Hours of their receipt of the property buyers must inform us that the physical condition materially differs from the catalogue description, from a provided Condition Report or the catalogue description is grossly inaccurate. Buyers must formally request a return with a satisfactory reason as defined by the auction house and present documented evidence by a third-party expert. When granted the auction house will accept the return of the property which was clearly showed differences or an accuracy with the catalog description and the property must be received in the same condition as when it was sent. Any request for refund will be rejected if the auction house determines that the item has been tampered, modified, adjusted, re-sized, opened, mishandled or damaged in any way. If there should be a disagreement Auction House reserves the right to require and 2nd opinion expert in writing. (iii) The conditions may or may not be included in the lot description so prospective bidders should inspect all property before bidding to determine the items condition, size and whether or not the item has been repaired or restored etc. Each lot is sold as is. Bidders are required to consult with their experts prior to bidding and to submit their inquiries, questions, concerns or request for additional documentations, appraisals, and or photographs prior to bidding. An absence of condition statements are not indications that lots are free of flaws / damage or without signs of wear consistent with age. As a courtesy to registered and approve bidders a condition report may be available on most items upon request Long as the request is made at least 3 days prior to the event. Per these terms and conditions, condition reports are an educated opinion but should not be held as absolute guarantees as we cannot be experts in every field but if there are any known repairs or modifications this will be noted. 8. Payment methods accepted are known from the terms and conditions listed separately on the platform and our visible on the invoice provided. payment methods accepted may be adjusted without prior notice or maybe restrictive depending on the item or amount of the invoice 9. Auction items are sold ?as is? with no guarantees as to authorship nor as to authenticities. It is the responsibility of the bidder to make determinations or consult with an expert in the field prior to bidding. Expert opinion service may be available for verbal consultation or written Appraisal Services By Request. The bidder is responsible to pay for these services. The bidder, buyer or representative will be billed in-advance for the service. 10. Estimated prices shown should not be relied upon as factual. Estimates are approximate valuations and are based upon comparable auction values. These estimates are derived from an auction program and are not real prices nor resale values. Auction House suggest initial bidding to fall between the start bid and the low estimate 2 increase potential of winning. all property being sold especially liquidation events will incur a buyer's premium at a standard 25% the invoice will contain the buyer's premium and is payable by the bidder as part of the total purchase price. In addition, there will be a 5% Live Fee payable to the platform. We are a Full-Service Auction House and we Reserve the Right to manage, direct and handle all shipping, packing, transport, pick-up, delivery and insurance related matters. We also reserve the right to relinquish such responsibilities to the bidder as we see fit.
Also, the auction house reserves the right to terminate any shipping promotion offered if an invoice is paid late (beyond 3 days) or for any other valid reason as determined by the auction house. Shipping promotions have limitations in terms of package destination, size, weight, value or fragility etc. The auction house reserves the right to contract with the most reliable, secure, insured, certified and efficient 3rd party vendors specializing in Fine Art, Jewelry or Collectible commodities. The auction house makes all shipping decisions on behalf of the bidder. Shipping fees cannot and will not be estimated without knowing the package weight, exact destination, dimensions and retail value. The invoice must be paid prior to submitting the item(s) to the 3rd Party Fine Art packing company. Once the bidder has paid for the total shipping fee?s and the funds have posted to our account: the item will be shipped-out in a timely manner i.e on the following Mon-Tues-Wednesday with exception to holidays honored by the auction house. Generally, Auction House ships out on the week of the 1st and the week of the 15th if unaffected by holidays, weather, natural disasters, 3rd party packer/transport/shipping companies delay or other conditions that are out of the control of the auction house. 12. International bidders must check with their Customs / Import / Export regulations prior to bidding. Bidders will be responsible for meeting all customs regulations and charges. Auction House cannot negotiate on Total Value shown on Commercial Invoices. It is a violation of U.S law to request or demand a lower value of a shipment on a Commercial Invoice in-order to defraud the duties of a government. Bidders are liable for international laws affecting the delivery of items. 13. Condition of property- prospective bidders are advised to inspect all Lots prior to bidding to determine age, condition, size, medium, repairs and or restoration or lack thereof.
As a customer service benefit to prospective bidders, condition statements are available on most Lots upon request at least 3 business days prior to bidding. The auction house is not obligated to provide statements of opinion as we do not claim to be experts of all art forms but we may do so as a ?gesture of goodwill?. Please note these condition statements are simply our professional opinion and should not be considered absolute.
14. With respect to sold property; All Lots must be removed from our premises at the purchasers expense, no later than 10 days following the invoice date. Purchaser will incur a $10.00 per day fee, per lot until the sold property is removed. In addition, applicable interest on each lot not so removed will accrue. Auction House reserves the right to transfer non-remove property to a storage facility at the purchasers risk and expense.
After 30 days of the sale auction house will be released of all liabilities and no claims can be made against the Auction House for auction platform. No property will be released until payment in full is made on the items within the approved payment method determined by the auction house. The bidder is responsible for payment of professional packing, shipping, transport and insurance including reimbursement for damage or loss of Lots Won. If a pickup of property is requested and approved by auction house the bidder agrees to abide by all policies and procedures instituted. The property is insured via the auction house until the property arrives at the bidders address on file or other address submitted for shipping purposes therefore the auction house makes all decisions to ensure the safety of the property until the package is signed for upon delivery. Please note, items that are valuable, delicate, vulnerable, risky, large and / or heavy and / or need special packaging or shipping requirements may have additional shipping cost and delays especially if a third-party Freight shipper is contracted and relied upon. Third-party contractor delays are out of the control of the auction house therefore the Auction House cannot be responsible and reserves the right to refute any complaints or claims. All third-party contractors and hired pick-up, transport, packers and movers etc must be licensed, certified and insured in order to handle any and all lots. Auction house may require documentation by the third party contractor. It is the bidders responsibility to contact the auction house via email ?after their payment posts? that they are ready to start the shipping process as explained on the invoice and answer the informations requested regarding shipping on the auction house invoice. If the bidder suggest an alternative shipping address that is not on file at the time the lot was won: both parties agree the bidder accepts all responsibilities and liabilities at their own risk and peril. Any and all insurance claims will be null and void. Claim reimbursement will only cover the actual cost of the items or cost to repair and will not cover any loss of value 16. A buyer's premium is added to the winning bid price of each individual lot purchased, the winning bid price plus the buyer's premium live fee and or Merchant/Misc fee constitute the total purchase price for the lot applicable sales taxes are computed based on this figure. This total becomes the final purchase price. Applicable sales taxes are computed based on this figure. 17. Bid placement in any format and or third-party bidding platforms and websites, constitutes an agreement that buyer will be bound by these terms and conditions. Lovett luxury liquidations or Global Luxury Auctions LLC?s affiliates and associations are not liable for any viruses, internet failure that may affect a computer while accessing these sites therefore missed bids or outages may occur affecting the final winning bid. Auction House makes no warranties, expressed or implied, that sites will be error-free or that useful be uninterrupted. The auction house is not liable for damages relating to or arising from use or misuse of online platforms. Auction House reserves the right to contract with collection agencies cr credit bureaus and other legal agents in order to collect payment on unpaid invoices.