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GUIDE TO BUYING IN AN ONLINE ONLY AUCTION
The following guidance is intended to give you useful information on how to buy in an Online Only Auction. We recommend that you read the guidance below carefully in order to familiarize yourself with the way that the Online Only Platform works before you start to participate in an Online Only Auction. It is also important that you read the Conditions of Business for Buyers (Online Only) which are set out below and note that Sotheby’s acts for the seller; you should refer in particular to Conditions 3 and 4 of the Conditions of Business for Buyers (Online Only). Terms defined in this Guide shall have the same meaning as in the Conditions of Business for Buyers (Online Only) unless the context otherwise requires.
1. REGISTER A VERIFIED ACCOUNT WITH SOTHEBY'S
In order to be eligible to participate in an Online Only Auction, you must have registered, and maintain, a Verified Account. The registration process requires you to enter your debit card or credit card information, your address and to confirm that you have read and accept our Conditions of Business for Buyers (Online Only), the Authenticity Guarantee and this Guide to Buying in an Online Only Auction. In order to bid in an Online Only Auction, you must be registered as a Verified Accountholder prior to the closing of the first Lot in the relevant Online Only Auction in which you wish to bid (you will also be required to provide certain information to Sotheby’s as part of the application process). To create your Verified Account, please follow the instructions provided at: https://www.sothebys.com/accountcreation.
Further details about how to become a Verified Accountholder are set out in Condition 5 of the Conditions of Business for Buyers (Online Only).
Once you have completed the registration process to become a Verified Accountholder, you can sign into the applicable Online Only Auction using your own username and password. To log in to your Verified Account, please follow the login instructions provided at:
https://www.sothebys.com/login
2. BROWSE THE LOTS FOR SALE IN THE ONLINE ONLY AUCTION
Once the relevant Online Only Auction has opened, the Online Sale Information regarding each Lot for sale in the Online Only Auction is available for you to review. Some Online Only Auctions may also have a PDF catalogue available on the website.
Pre-sale estimates
As indicated in the Conditions of Business for Buyers (Online Only), the Online Sale Information for each Lot includes pre-sale estimates which are provided by Sotheby's as a guide for prospective Bidders to assist them with determining the appropriate amount to bid for a Lot. In our opinion, any bid for an amount which is between the high pre-sale estimate and the low pre-sale estimate stated in the Online Sale Information for the Lot would offer a chance of success. Having said that, it is important you appreciate that Lots can realize prices which are above or below the pre-sale estimates. It is advisable to check the pre-sale estimates prior to submission of a bid. Please note that the pre-sale estimates which are stated in the Online Sale Information do not include buyer's premium, overhead premium, any applicable VAT (or any amount in lieu of VAT) or any applicable ARR.
Condition of Lots
The Online Sale Information includes the online catalogue description of the Lot; any online condition report provided in relation to the Lot by Sotheby's solely as a convenience (and the online images of the Lot shall be deemed to form part of any such condition report); any other information relating to the Lot or the conduct of the Online Only Auction which is published on the Online Only Platform (including this Guide to Buying in an Online Only Auction).
All Lots are offered for sale in the condition which they are in at the time of sale in an Online Only Auction. Any reference to condition in the Online Sale Information will not amount to a full description of the condition and the absence of any reference to the condition of a Lot in the online catalogue description does not imply that the Lot is free from faults or imperfections. It is important that you appreciate that you will not have an opportunity to inspect the condition of a Lot prior to submitting a bid in respect of such Lot.
Provenance
In certain circumstances, Sotheby's may publish in the online catalogue description for a Lot 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.
Bidding practices
In situations where a person who is allowed to bid on a Lot has a direct or indirect interest in such Lot, such as the beneficiary or executor of an estate selling the Lot, a joint owner of the Lot, or a party providing or participating in a guarantee of the Lot, Sotheby’s will notify you by email and publish a notification in the Online Sale Information that interested parties may bid on the Lot. In certain instances, interested parties may have knowledge of the reserves.
Sotheby’s employees may bid only if the employee does not know the reserve and fully complies with Sotheby’s internal rules governing employee bidding.
Information regarding shipping and delivery
The Online Sale Information includes a shipping costs calculator which has been developed by Sotheby's to enable you to estimate the amount it will cost you to have the Lot shipped to your delivery address (inclusive of VAT, associated packing and transit insurance costs) in the event that you are the successful Bidder so that you are able to account for this cost in your assessment of the appropriate amount to bid for a Lot. Please also note that the transit insurance price quoted by the shipping costs calculator shall not include the impact of any applicable ARR on the total purchase price payable in respect of a Lot by the Buyer. Please also note that the shipping cost which is generated by the shipping costs calculator may differ to the actual amount of the Buyer's Shipping Costs which is quoted to you in the Buyer's Shipping Quote (which shall include the amount of any applicable ARR payable in relation to the Lot).
Sotheby's is always happy to discuss any Lot in which you are interested.
3. SUBMISSION OF A BID FOR A LOT IN AN ONLINE ONLY AUCTION
An Online Only Auction can be fast moving. Competitive bidding can often escalate very quickly. Once you have set up a Verified Account, you will be able to submit a bid for a Lot by entering your maximum bid and clicking the ‘Place Bid’ button which appears at Lot level on the Online Only Platform. If you haven’t already registered as a Verified Accountholder, you will be prompted to do so at that point. You will then be asked to review and confirm your maximum bid by pressing ‘Continue to Confirm Bid’ and in doing so your bid is submitted. You accept and agree that a bid is submitted using the ‘Continue to Confirm Bid’ button and increased bids are submitted as set out in section 4 below.
Bids can be submitted through the Online Only Platform from the start of the Online Only Auction until the Lot closes.
You may bid at or above the starting bid displayed on the Online Only Platform. You may also input a maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids, including bids placed by Sotheby’s on behalf of the Seller, up to the amount of the Reserve (if applicable). Bids placed by Sotheby’s on behalf of the Seller, up to the amount of the Reserve, will be counted toward the total bid count displayed on the Online Only Platform. The current leading bid will be visible to all Bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed).
Enter your maximum bid (being the highest price you are willing to pay on the Lot). The Online Only Platform will then place incremental bids on your behalf up to your maximum bid for as long as you are the highest bidder. Sotheby’s uses pre-determined bidding increments. Please refer to the bidding increments link which appears at Lot level on the Online Only Platform. In cases where two equivalent maximum bids are submitted, the first bid received will take priority.
4. MONITORING AND INCREASING YOUR BIDS
If you are outbid at any time you will receive an email notification informing you accordingly and providing a link to follow to increase your bid. We encourage you to monitor the bids on Lots throughout the duration of the Online Only Auction to ensure your status as the highest bidder up until the close of the Online Only Auction. Your updated bid is submitted by pressing ‘Continue to Confirm Bid’.
If you are using the Sotheby’s mobile application then the ‘Quick Bid’ option can also be used to submit a bid by either (i) swiping the ‘Quick Bid’ button all the way to the right of the screen; or (ii) pressing the ‘Quick Bid’ Button and then pressing the ‘Place Bid’ Button.
5. CLOSING THE ONLINE ONLY AUCTION
An end time is displayed for each Lot at Lot level on the Online Only Platform. Lots will close at the time stated at Lot level on the Online Only Platform unless a bid is placed within 1 minute of a Lot's scheduled end time. If this occurs, Sotheby’s will extend the sale of that Lot by 2 minutes from the time of the last bid. The extension of any Lot's closing time does not affect the closing time of the following Lots. This may result in Lots closing out of numerical order. Upon the closing of each Lot, you will receive another email and push notification indicating whether you have won or lost each Lot on which you have placed a bid.
6. HOW TO PAY FOR YOUR LOT
If you are a successful Buyer of a Lot, Sotheby's will email you the Buyer's Invoice for the total amount due by you (together with payment instructions) as soon as reasonably practicable after the final Lot in the relevant Online Only Auction closes. Payment from the invoiced party is due in full by the payment date stated in the Buyer’s Invoice. Please note that we reserve the right to decline payments received from anyone other than the buyer of record and that clearance of such payments will be required. Please contact our Post Sale Services Department if you have any questions concerning clearance.
A Buyer’s Premium and Overhead Premium are payable by the successful Bidder on a Lot in an Online Only Auction. The Buyer's Premium and Overhead Premium are added to the Hammer Price and are included as part of the total Purchase Price payable by the successful Bidder. In an Online Only Auction conducted by Sotheby's in London, the Buyer’s Premium rate is as follows: 25% of the Hammer Price up to and including ?700,000, 20% of any amount in excess of ?700,000 up to and including ?3,500,000 and 13.9% of any amount in excess of ?3,500,000, except that on the sale of Wine and Spirits the Buyer’s Premium rate is 24% of the entire hammer price. The overhead premium, which covers an allocation of Sotheby's overhead costs relating to our facilities, property handling and other administrative expenses, is 1% of the hammer price. These rates are exclusive of any applicable VAT.
Sotheby's will also email you the Buyer's Shipping Quote in respect of the Buyer's Shipping Costs payable by the Buyer in consideration of Sotheby's delivery services for the purchased Lot at which point Sotheby’s will ask you to confirm your delivery address. In the event that you are eligible for a VAT rebate based on your confirmed delivery address, Sotheby’s may reissue the Buyer’s Invoice.
Provided that the Buyer’s Invoice has been settled in full by the payment date stated in the Buyer's Invoice and the Buyer’s Shipping Quote has been settled in full by the payment date stated in the Buyer’s Shipping Quote, any financial release of the property has been completed and any requisite export licence or certificates has been provided to Sotheby's, Sotheby's will ship the purchased property to your delivery address no later than thirty (30) days from the closing date of the relevant Online Only Auction unless due to circumstances outside of Sotheby’s control or otherwise explicitly agreed.
If you are a successful Buyer of a Lot, you will also be required to pay where applicable: Sales and/or Value Added Tax (VAT), import tax, customs duty, and any local clearance fees applicable for your country e.g. US Merchandise Processing Fee, Artist’s Resale Right, Buyer's Shipping Costs (which include the transit insurance fee). Please refer to the Conditions of Business for Buyers (Online Only) for more information.
Please note the following information regarding Sotheby's accepted payment policies:
? 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 new buyers preferring to make Sterling cash payment to provide: proof of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver’s licence) and confirmation of permanent address. Thank you for your co-operation.
? Cheques: should be made payable to Sotheby’s. Although personal and company cheques drawn in pounds sterling on UK banks are accepted, you are advised that property will not be released until such cheques have cleared unless you have a pre-arranged Cheque Acceptance Facility.
? Bank transfers: our bank account details are shown on our invoices. Please include your name, Sotheby’s account number and invoice number with your instructions to your bank.
? Card payments, can be made remotely by completing our Absentee Card Payment Form. For further details please contact the Post Sale Services Department on +44 (0)20 7293 5220.
? Payments by Sterling cash can only be accepted at Sotheby’s premises at 34-35 New Bond Street, London, W1A 2AA.
? We reserve the right to seek identification of the source of funds received.
Additional Terms and Conditions for Payment in Cryptocurrency
The following terms and conditions provide important information related to lots with the symbol ? indicating that Sotheby’s will accept cryptocurrency as a form of payment for the lot.
(i) We will accept payment in cryptocurrency only for lots designated as eligible for such in the sale catalogue, or by any oral or written announcement or notice prior to or during the sale, and only in the following cryptocurrencies: Bitcoin (BTC), Ether (ETH) and USD Coin (USDC) .
(ii) The amount due will be the cryptocurrency equivalent at the time payment is made of the amount invoiced, and you will be responsible for applicable network fees required to successfully conduct the transaction on the blockchain. This means that only a portion of the total purchase price may be payable in cryptocurrency and the remainder in Pounds Sterling.
(iii) Any payment in cryptocurrency must be made within ten (10) business days of your receipt of the invoice from Sotheby's, and payment must be made between the hours of 9:00am and 5:00pm Eastern Time (US), Monday to Friday (and not on a U.S. public holiday).
(iv) Payment must be made from an account or digital wallet in your name maintained with one of the following platforms: (1) Coinbase Custody Trust; (2) Coinbase, Inc. (including Coinbase, Coinbase Pro and Coinbase Prime accounts); (3) Fidelity Digital Assets Services, LLC; (4) Gemini Trust Company, LLC; or (5) Paxos Trust Company, LLC. Partial payments from multiple digital wallets will not be accepted, and you will be required to provide documentation reasonably requested to confirm that you own the wallet used to make payment.
(v) Payments in cryptocurrency will not be accepted other than in accordance with these Terms and Conditions, Condition 8(g) of the Conditions of Business for Buyers (Online Only) and such additional terms as indicated in the Buying at Auction Guide or in any notice for the relevant lot. If you make payment in cryptocurrency other than in accordance such terms, Sotheby's may, in its sole discretion, return those funds to you and hold you responsible for all third-party fees (including, without limitation, network fees, taxes, transfer fees, etc.), and in such circumstances Sotheby's may require you to pay in the fiat currency of the sale. In addition, in the event Sotheby's makes any refund of taxes to you and you paid such taxes using cryptocurrency, you understand and agree that Sotheby's, at its sole discretion, may refund you (1) the same amount(s) of the same cryptocurrency that you paid to us for such taxes; (2) the amount(s) in fiat currency that we invoiced to you for such taxes; or (3) the fiat currency equivalent at the time the refund is made of the amount(s) of cryptocurrency that you paid for such taxes. In no circumstance will you be entitled to receive any appreciation on the value of the cryptocurrency that you provided to us as payment in connection with a refund.
(iv) Once you initiate a cryptocurrency transaction, the transaction cannot be reversed; this is inherent in the nature of cryptocurrencies and not a policy set by Sotheby's. You are responsible for verifying that you have sent the correct amount to the correct digital wallet address.
(vii) If you make payment in cryptocurrency from a digital wallet or account, you represent and warrant the following: (a) you own the digital wallet and the cryptocurrency used to make payment; (b) the digital wallet or account is not directly or indirectly hosted, operated, or otherwise controlled by anyone that is the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, including those administered and enforced by the United States, European Union, United Kingdom, United Nations Security Council, or other applicable sanctions authority (collectively, “Sanctions”) or located, resident, or organised in a country or territory that is the subject of Sanctions (including Crimea, Cuba, Iran, North Korea, Syria, the Russian Federation and Belarus) (collectively, “Sanctioned Jurisdictions”); (c) the cryptocurrency or any other assets in the digital wallet or account used for the bid or purchase were not sourced from anyone that is the subject of Sanctions or located, resident, or organised in a Sanctioned Jurisdiction; and (d) your payment in cryptocurrency will not cause (or otherwise result in) Sotheby's, the sellers or anyone else to violate any Sanctions, anti-money laundering, anti-terrorism, anti-bribery or anti-corruption laws, or any other applicable laws.
(viii) Sotheby's shall have no liability for any payment made by the buyer in cryptocurrency that is not received by us for whatever reason.
(ix) You acknowledge the risks inherent to the use of cryptocurrency, including without limitation the risk of faulty or insufficient hardware, software, and internet connections; the risk of introduction or intrusion of malicious code or software; the risk of hacking or unauthorised access to your digital wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavourable exchange rates; and the risk of unfavourable regulatory intervention and/or tax treatment in relation to transaction in such currency. Sotheby’s will have no liability for any of the foregoing.
7. FURTHER INFORMATION REGARDING SHIPPING, EXPORT OF PROPERTY AND RELATED MATTERS
All shipments should be unpacked and checked on delivery and any discrepancies notified immediately to the party identified in your quotation and/or the accompanying documentation.
The export of any lot from the UK or import into any other country may be subject to one or more export or import licences being granted. It is the buyer’s responsibility to obtain any relevant export or import licence. The denial of any licence required or delay in obtaining such licence cannot justify the cancellation of the sale or any delay in making payment of the total amount due.
Sotheby’s, upon request and for an administrative fee, may apply for a licence to export your lot(s) outside the UK. A UK Licence is necessary to move cultural goods valued at or above the relevant UK Licence limits from the UK.
Sotheby’s recommends that you retain all import and export papers, including licences, as in certain countries you may be required to produce them to governmental authorities.
Please note that Sotheby’s is unable to arrange delivery to those locations which are specified as excluded zones in the shipping costs calculator which is available on the Online Only Platform (each an “Unavailable Destination”). In the event that you request delivery of a Lot to an Unavailable Destination, Sotheby’s reserves the right to require you to collect the Lot from the Sotheby’s storage facility at Greenford (13 Ockham Drive, Greenford, Middlesex, UB6 0FD) or to arrange delivery of the Lot by a third party carrier.
A UK Licence will be required for most items over 50 years of age with a value of over ?65,000. Some exceptions are listed below:-
UK Licence Thresholds
Photographic positive or negative or any assemblage of such photographs: UK Licence threshold: ?10,000
Textiles (excluding carpets and tapestries): UK Licence threshold: ?12,000
British Historical Portraits: UK Licence threshold: ?10,000
Endangered Species: Items made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, tortoiseshell, etc., irrespective of age or value, may require a licence or certificate prior to exportation and require additional licences or certificates upon importation to any country. Please note that the ability to obtain an export licence or certificate does not ensure the ability to obtain an import licence or certificate in another country, and vice versa. It is illegal to import African elephant ivory into the US and there are other restrictions on the importation of ivory into the US under certain US regulations which are designed to protect wildlife conservation and there are significant restrictions amounting to an almost total ban on the import and export of any elephant ivory into the UK and the EU.
Sotheby’s suggests that buyers check with their own government regarding wildlife import requirements prior to placing a bid. It is the buyer’s responsibility to obtain any export or import licences and/or certificates as well as any other required documentation (please refer to Condition 11 of the Conditions of Business for Buyers (Online Only). Please note that Sotheby’s is not able to assist buyers with the shipment of any Lots containing ivory and/or other restricted materials into the US, the UK and the EU. A buyer’s inability to export or import these Lots cannot justify a delay in payment or a sale’s cancellation.
Economic Sanctions: The United States, the United Kingdom and the European Union maintain economic and trade sanctions against targeted foreign countries, groups and organisations. There may be restrictions on the import into the United States, the United Kingdom and the European Union of certain items originating in sanctioned countries. The purchaser’s inability to import any item into these countries 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.
explanation of symbols
The following key explains the symbols you may see by the Lots online or in any printed or PDF catalogue produced for this Online Only Auction:
△ 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.
○ 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. A third party providing a guarantee jointly with Sotheby’s may provide an irrevocable bid, or otherwise bid, on the guaranteed property. Where a printed and/or PDF catalogue is produced for this Online Only Auction and a guarantee is not secured until after such catalogue is produced, the Guaranteed Property symbol will be added to the Lot specific webpage and a Sales Room Notice will be added. If every lot in the Online Only Auction guaranteed, the Important Notices in the sale catalogue will so state and this symbol will not be used for each lot.
? Irrevocable Bids
Lots with this symbol indicate that a party has provided Sotheby’s with an irrevocable bid on the lot that will be executed during the sale at a value that ensures that the lot will sell. The irrevocable bidder, who may bid in excess of the irrevocable bid, may be compensated for providing the irrevocable bid by receiving a contingent fee, a fixed fee or both. If the irrevocable bidder is the successful bidder, any contingent fee, fixed fee or both (as applicable) for providing the irrevocable bid may be netted against the irrevocable bidder’s obligation to pay the full purchase price for the lot and the purchase price reported for the lot shall be net of any such fees. From time to time, Sotheby’s may enter into irrevocable bid agreements that cover multiple lots. In such instances, the compensation Sotheby’s will pay the irrevocable bidder is allocated to the lots for which the irrevocable bidder is not the successful purchaser. Under such circumstances, the total compensation to the irrevocable bidder will not exceed the total buyer’s premium, overhead premium and other amounts paid to Sotheby’s in respect of any lots for which the irrevocable bidder is not the successful bidder. If the irrevocable bid is not secured until after the production of any catalogue for the auction, Sotheby’s will notify bidders that there is an irrevocable bid on the lot by one or more of the following means: a pre-sale or pre-lot announcement, by written notice at the auction or by including an irrevocable bid symbol in the e-catalogue for the sale prior to the auction. From time to time, Sotheby’s or any affiliated company may provide the irrevocable bidder with financing related to the irrevocable bid. If the irrevocable bidder is advising anyone with respect to the lot, Sotheby’s requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot.
? 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 and Overhead Premium. In certain instances, interested parties may have knowledge of the reserve. In the event the interested party’s possible participation in the sale is not known until after the printing of any the auction catalogue, a notice will be added made indicating that interested parties may be bidding on the lot.
□ No Reserve
Unless indicated by a box (□), all lots in this auction are offered subject to a reserve. A reserve is the confidential hammer price established between Sotheby’s and the seller and below which a lot will not be sold. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate for the lot. If any lots in the catalogue are offered without a reserve, these lots are indicated by a box (□). If all lots in the auction are offered without a reserve, a Special Notice will be included to this effect and the box symbol will not be used for each lot.
⊕ Property Subject to the Artist’s Resale Right
Purchase of lots marked with this symbol (⊕) will be subject to payment of the Artist’s Resale Right, at a percentage of the hammer price calculated as follows:
Portion of the hammer price (in €) Royalty Rate
From 0 to 50,000 4%
From 50,000.01 to 200,000 3%
From 200,000.01 to 350,000 1%
From 350,000.01 to 500,000 0.5%
Exceeding 500,000 0.25%
The Artist’s Resale Right payable will be the aggregate of the amounts payable under the above rate bands, subject to a maximum royalty payable of 12,500 euros for any single work each time it is sold. The maximum royalty payable of 12,500 euros applies to works sold for 2 million euros and above. Calculation of the artist’s resale right will be based on the pound sterling / Euro reference exchange rate quoted on the date of the sale by the European Central Bank.
? 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 Buyers 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 11 of the Conditions of Business for Buyers. Please also refer to the section on Endangered Species in the Buying at Auction Guide. As indicated in the Endangered Species section, Sotheby’s is not able to assist buyers with the shipment of any lots with this symbol into the US or the EU.
A buyer’s inability to export or import any lots with this symbol cannot justify a delay in payment or a sale’s cancellation.
∏ Monumental
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Buyers are advised to inspect the lot and to contact Sotheby’s prior to the sale to discuss any specific shipping requirements.
? Cryptocurrency Payments
Sotheby’s will accept cryptocurrency as payment for lots with this symbol, within the parameters specified in the Conditions of Business for Buyers applicable to the sale and subject to the Additional Terms and Conditions for Payment in Cryptocurrency stated in the Buying at Auction Guide for the relevant sale. Please review those terms and conditions if you are interested in paying in cryptocurrency, and contact Post Sale Services for more information
W – Property stored and to be collected from the Sotheby’s Greenford Park Warehouse (details below). Please note that property can only be released once payment has been received in full and cleared funds and the Sotheby’s Post Sale Services team in New Bond Street will need to prepare a release note prior to you collecting. If you are sending your own authorised agent to collect property from Sotheby’s on your behalf, please provide a letter of authorisation, a copy of your paid invoice and photographic ID or a completed release of liability form (provided by Sotheby’s Post Sale Services).
Sotheby’s Greenford Park
13 Ockham Drive
London
Greenford
Middlesex
UB6 0FD
Phone: +44 7293 5600
Opening Hours: Monday to Friday 8.30am to 4.30pm
Unfortunately, lots will not be available for collection at New Bond Street, unless otherwise stated on your invoice. Please see the Conditions of Business for Buyers (Online Only) for further details.
Please refer to VAT information for Buyers for VAT symbols used in this catalogue. Value Added Tax (VAT) may be payable on the hammer price and/or the buyer’s premium and overhead premium. Buyer’s premium and overhead premium may attract a charge in lieu of VAT. Please read carefully the “VAT INFORMATION FOR BUYERS” laid out in this Guide for Buyers.
VAT AND OTHER TAX INFORMATION FOR BUYERS
As a successful Bidder for a Lot in an Online Only Auction, you will be charged VAT or any other applicable sales tax (unless an exemption applies). Any such taxes will be identified in the Buyer's Invoice.
The following paragraphs are intended to give general guidance to buyers on the VAT and certain other potential tax implications of purchasing property at Sotheby’s. The information concerns the most usual circumstances and is not intended to be complete. Sotheby’s is unable to provide tax advice to you and recommends you obtain independent tax advice. In all cases the relevant tax legislation takes precedence and the VAT rates in effect on the date of the sale of a Lot in the Online Only Auction will be the rates charged except for Lots sold subject to Temporary Admission for which the applicable rate will be that in force at the date of release of the relevant Lot by Sotheby’s. It should be noted that, for VAT purposes only, Sotheby’s is not usually treated as an agent and most property is sold as if it is the property of Sotheby’s.
In the following paragraphs, reference to VAT symbols shall mean those symbols located beside the Lot number or the pre-sale estimates in the catalogue (or amending sale room notice).
1. PROPERTY WITH NO VAT SYMBOL
Where there is no VAT symbol, Sotheby’s is able to use the Auctioneer’s Margin Scheme and VAT will not normally be charged on the Hammer Price. Sotheby’s must bear VAT on the Buyer’s Premium and Overhead Premium and hence will charge an amount in lieu of VAT at the standard rate on these premiums. This amount will form part of the Buyer’s Premium and Overhead premium on our invoice and will not be separately identified. A limited range of goods, including most books, are not liable to VAT?and therefore no amount in lieu of VAT will be added to the Buyer's Premium and Overhead Premium.
Please see section 5 below (‘Exports from the United Kingdom’) for the conditions to be fulfilled before the amount in lieu of VAT on the Buyer’s Premium and Overhead Premium may be cancelled or refunded.
Buyers requiring an invoice under the normal VAT rules, instead of a margin scheme invoice, should notify the Post Sale Service Team (contact details provided below) on the closing date of the relevant Online Only Auction and an invoice with VAT on the Hammer Price will be raised. Buyers requiring reinvoicing under the normal VAT rules subsequent to a margin scheme invoice having been raised should contact the Sotheby's Post Sale Services (contact details provided below) for assistance.
2. PROPERTY WITH A ? SYMBOL
These items will be sold under the normal UK VAT rules and VAT will be charged at the standard rate on the hammer price, Buyer’s Premium and Overhead Premium.
Please see ‘Exports from the United Kingdom’ for the conditions to be fulfilled before the VAT charged on the Hammer Price may be cancelled or refunded.
3. PROPERTY WITH A α SYMBOL
Items sold to buyers whose address is in the UK will be assumed to be remaining in the UK. The property will be invoiced as if it had no VAT symbol (see ‘Property with no VAT symbol’ at section 1 above).
Items sold to buyers whose address is outside the UK will be assumed to be exported from the UK. The property will be invoiced under the normal VAT rules (see ‘Property sold with a ? symbol at section 2 above). Although the Hammer Price will be subject to VAT this will be cancelled or refunded upon export - see ‘Exports from the United Kingdom’. However, buyers who are not intending to export their property from the UK should notify our Post Sale Services Department on the day of the sale and the property will be re-invoiced showing no VAT on the Hammer Price (see ‘Property sold with no VAT symbol’ at section 1 above).
4. PROPERTY SOLD WITH A ? OR Ω SYMBOL
These items have been imported from outside the UK to be sold at auction under Temporary Admission. When Sotheby’s releases such property to buyers in the UK, the buyer will become the importer and must pay Sotheby’s import VAT at the following rates on the hammer price:
? - the reduced rate
Ω - the standard rate
You should also note that the appropriate rate will be that in force on the date of dispatch of the property from Sotheby’s and not that in force at the closing date of the Online Only Auction.
These lots will be invoiced under the margin scheme. Sotheby’s must bear VAT on the Buyer’s Premium and Overhead Premium and hence will charge an amount in lieu of VAT at the standard rate on these premiums. This amount will form part of the Buyer’s Premium and Overhead Premium on our invoice and will not be separately identified.
(VAT-registered buyers from the UK should note that the invoice issued by Sotheby’s for these items is not suitable evidence in respect of import VAT.)
On request, immediately after the closing date of the relevant Online Only Auction, the Temporary Admission Department can either ask HM Revenue and Customs to generate a C79 certificate. Otherwise Sotheby’s may re-invoice the lot as if it had been sold with a ? symbol and charge VAT at the standard rate on the Hammer Price, Buyer's Premium and Overhead Premium and provide a tax invoice to the buyer. This may enable a buyer who is VAT registered elsewhere in the EU to avoid payment of VAT in the United Kingdom. Re-invoicing in this way may make the lot ineligible to be re-sold using the margin scheme.
Sotheby’s will transfer all lots sold subject to Temporary Admission to its Customs warehouse immediately after sale.
5. EXPORTS FROM THE UNITED KINGDOM
The following amounts of VAT may be cancelled or refunded provided Sotheby’s receive the appropriate export documents within the time limits stated: Please note that It is no longer possible for Sotheby's to make a refund of VAT to a non business purchaser unless Sotheby's is instructed to ship the property
Property with no VAT symbol (see paragraph 1)
The amount in lieu of VAT charged on Buyer's Premium and Overhead Premium may be refunded provided the purchaser resides outside of the United Kingdom and the property is exported from the UK within 3 months of the sale. Sotheby’s must be provided with the appropriate proof of export immediately after export of the goods. Please note no refund is possible for non business purchasers unless the lot is exported by Sotheby's
Property with a ? symbol
The VAT charged upon the Hammer Price may be refunded provided the purchaser resides outside of the United Kingdom and the property is exported from the UK within 3 months of the closing date of the relevant Online Only Auction. Sotheby’s must be provided with the appropriate proof of export immediately after export of the goods. Please note no refund Is possible for non-business purchasers unless the lot is exported by Sotheby's
Property with a ? OR Ω symbol
The Temporary Admission VAT charged on the Hammer Price may be refunded under the following circumstances:-
? Sotheby’s is instructed to ship the property to a place outside the UK
? The property is hand carried by a business purchaser directly from the UK and Sotheby’s pre lodge the export entry with HMRC
? The VAT liability is transferred to your shippers own Temporary Admission or Customs Warehouse arrangement prior to collection from Sotheby’s
Under all other circumstances Sotheby’s is required to complete the importation and pay the VAT due to HM Revenue and Customs prior to the property leaving its premises and so a VAT refund will not be possible.
Proof of export required:
? for lots sold under the margin scheme (no VAT symbol) or the normal VAT rules (‘SINGLE DAGGER’ symbol), Sotheby’s is provided with appropriate documentary proof of export from the UK.
? for lots sold under Temporary Admission (? OR Ω symbols), and subsequently transferred to Sotheby’s Customs Warehouse (into Bond). The property must be shipped as described above in the paragraph headed Property with a ? OR Ω symbol (at section 4 above).
? Business buyers carrying their own property must obtain hand-carry papers from the Shipping Department for which a small administrative charge will be made. The VAT refund will be processed once the appropriate paperwork has been returned to Sotheby’s.
? Sotheby’s is not able to cancel or refund any VAT charged on sales made to UK private residents unless the lot is subject to Temporary Admission and the property is exported from the UK and Sotheby’s is instructed to ship directly.
? Sotheby’s is not able to cancel or refund any VAT charged on sales to UK residents unless the lot is shipped as described above.
Buyers intending to export, repair, restore or alter lots sold under Temporary Admission (? OR Ω symbols) and therefore transferred to Customs Warehouse after sale should notify the Shipping Department before collection. Failure to do so may result in the import VAT becoming payable immediately and Sotheby’s being unable to refund the VAT charged on deposit.
6. VAT REFUNDS FROM HMRC
Where VAT charged cannot be cancelled or refunded by Sotheby’s, it may be possible to seek repayment from HM Revenue and Customs. Repayments in this manner are limited to businesses located outside the UK.
Email the Overseas Repayment Unit
newcastle.oru.hmrc.gsi.gov.uk
Use this email to contact HMRC about reclaiming VAT paid in the UK if your business is based overseas.
7. SALES AND USES TAXES
Buyers should note that local sales taxes or use taxes may become payable upon import of items following purchase (for example, use tax may be due when purchased items are imported into certain states in the US). Buyers should obtain their own advice in this regard. In the event that Sotheby’s ships items for a purchaser in an Online Only Auction to a destination within a US state in which Sotheby’s is registered to collect sales tax, Sotheby’s is obliged to collect and remit the respective state’s sales / use tax in effect on the total purchase price (including hammer price, buyer’s premium, overhead premium, shipping costs and insurance) of such items, regardless of the country in which the purchaser resides or is a citizen. Where the purchaser has provided Sotheby’s with a valid Resale Exemption Certificate prior to the release of the property, sales / use tax will not be charged.
Clients who wish to provide resale or exemption documentation for their purchases and/or clients who wish to have their purchased lots shipped to the US by Sotheby’s are advised to contact Sotheby's Post Sale Services on the following telephone number:
US: +1 212 606 7000
UK: +44 (0) 20 7293 5827
Phone service available Monday to Friday, 9.00 am - 10.30 pm GMT (3.30 am - 5.30 pm EST) and Saturday 2.00 pm - 10.30 pm GMT (9.00 am - 5.30 pm EST) or by email to ukpostsaleservices@sothebys.com.
8. TREATMENT AND CONDITION OF GEMSTONES
Traditionally, gemstones have been treated by a variety of techniques to enhance colour and generally to improve their appearance. Typically, rubies and sapphires have been heat treated and emeralds have been treated by oil or resin to improve colour and clarity. These or other techniques, such as dyeing, irradiation, coating and impregnation, may be used on other gemstones. Although it is widely believed that heat treatments are permanent, purchasers should assume that any treatment may not be permanent and that over time special care of the stone may be required. Prospective buyers are reminded that, unless the catalogue description specifically states that a stone is natural, we have assumed that some form of treatment may have been used and that such treatment may not be permanent. Our presale estimates reflect this assumption.
To the extent that Sotheby’s has laboratory reports containing specific information on the treatment of a stone, these reports are made available for review by prospective buyers. Available reports from internationally recognized gemmological laboratories will be noted in the description of the item. New forms of treatments and new scientific methods to discern them are constantly being developed. Consequently, there may be a lack of consensus among laboratories as to whether gemstones have been treated, the extent of the treatment or the permanence of the treatment. References in the e-catalogue descriptions to certificates or reports issued by gemmological laboratories are provided only for the information of bidders, and Sotheby’s does not guarantee and accepts no responsibility for the accuracy, terms or information contained in such certificates or reports. Please also note that laboratories may differ in their assessment of a gemstone (including its origin and presence, type and extent of treatments) and their certificates or reports may contain different results.
Regarding diamonds, Sotheby’s shares the concerns expressed by the United Nations Security Council with respect to uncut diamonds potentially coming from Angola and Sierra Leone. We will comply fully with the Security Council’s resolutions regarding these matters.
CONDITIONS OF BUSINESS FOR BUYERS (ONLINE ONLY) (including terms applicable to payment in cryptocurrency
These Conditions of Business for Buyers (Online Only) set out the terms upon which Sotheby’s and the Seller offer the Lots for sale to Bidders.
You should read these Conditions of Business for Buyers (Online Only) and the Online Sale Information (including, but not limited to, the Guide to Buying in an Online Only Auction set out above) carefully before placing a bid for any Lot. In particular, Bidders’ attention is specifically drawn to Condition 4 below, which contains specific limitations and exclusions of the legal liability of Sotheby’s and Sellers.
By bidding for a Lot in an Online Only Auction on the Online Only Platform, you agree that these Conditions of Business for Buyers (Online Only) and the Online Sale Information shall be contractually binding on you. In the event that you are the successful Bidder for a Lot in an Online Only Auction, you agree that these Conditions of Business for Buyers (Online Only) and the applicable Online Sale Information will constitute the contract which governs the relationship between Sotheby’s, Sellers and Bidders.
1. Introduction
(a) Sotheby’s and Sellers’ contractual relationship with prospective Buyers is governed by:
(i) these Conditions of Business for Buyers (Online Only);
(ii) the Conditions of Business for Sellers (Online Only) a copy of which can be provided to you on request;
(iii) the Online Sale Information (including, but not limited to, the Auction details and the Guide to Buying in an Online Only Auction set out above); and
(iv) Sotheby’s Authenticity Guarantee, as applicable to the item of Property (set out below).
(b) The Online Sale Information will identify the owner of the Lot immediately prior to the start of the Online Only Auction as either (i) a third party (in which case, Sotheby’s acts as agent for the Seller) or (ii) Sotheby’s (in which case, Sotheby’s acts in principal capacity as Seller). In the case of (i), Sotheby’s provides services to the Seller including, but not limited to, concluding the sale contract which exists directly between the Seller and the Buyer (with Sotheby’s acting as agent on behalf of the Seller). In the case of (ii), Sotheby’s owns the Lot in whole or in part and/or may have a legal, beneficial or financial interest in the Lot as a secured creditor or otherwise.
(c) The Online Sale Information will also identify if the Seller is an Online Consumer (and therefore, by inference, not an Online Trader) for the purposes of the Consumer Contracts Regulations. This is important because the Consumer Contracts Regulations provide that if the Seller is an Online Trader and the Buyer is an Online Consumer, the Buyer shall have the right to cancel the purchase of a Lot (in accordance with the procedure set out at Condition 11 of these Condition of Business for Buyers (Online Only)). In circumstances where the Seller is an Online Consumer, the right to cancel the purchase of a Lot does not apply however the Buyer may have the right (under the Consumer Contracts Regulations) to cancel certain services provided by Sotheby’s in connection with the purchase of the Lot (in accordance with the procedure set out at Condition 12 of these Conditions of Business for Buyers (Online Only)).
2. Common Terms
In these Conditions of Business for Buyers (Online Only):
"Additional Buyer's Expenses" are any other costs or expenses due to Sotheby's from the Buyer which are payable in respect of the sale of the Property, including an amount in respect of any applicable VAT thereon;
“ARR” is a levy which entitles creators of qualifying original works of art to a royalty each time one of their works is resold through an auction house or art market professional;
"Bidder" is any person considering, making or attempting to make a bid in an Online Only Auction and includes Buyers (also referred to as “you” in these Conditions of Business for Buyers (Online Only));
"Buyer" is the person who makes the highest bid for a Lot in an Online Only Auction via the Online Only Platform (also referred to as “you” in these Conditions of Business for Buyers (Online Only));
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price (at the rates set out in the Guide to Buying in an Online Only Auction set out above) plus any applicable VAT or an amount in lieu of VAT;
“Buyer’s Shipping Costs” are any packing, handling and shipping costs and charges (including any costs covering transit insurance) payable by the Buyer to Sotheby’s for provision of delivery services of the purchased Lot to the Buyer;
“Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) which came into force in the UK on 6 April 2013;
"Counterfeit" is as defined in Sotheby's Authenticity Guarantee (set out below);
“Experience” is each activity experience included in the Online Only Auction;
“Experience Listing” is the information on the Online Only Platform and in the online catalogue in relation to each Experience;
"Hammer Price" is the highest bid accepted from a Bidder for a Lot during an Online Only Auction;
“Lot” is an item to be offered for sale at an Online Only Auction on the Online Only Platform (and “Lots” shall be construed accordingly).
“Online Sale Cancellation Period” has the meaning given to it in Condition 11(a);
“Online Services Cancellation Period” is the period of fourteen (14) days starting from the day of conclusion of the contract which relates to provision of the delivery services by Sotheby’s in favour of the Online Consumer;
“Online Consumer” is an individual habitually residing in the UK or the EU who purchases a Lot and who is acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
“Online Only Auction” is the sale of a Lot which is conducted solely by means of the Online Only Platform provided by Sotheby’s and our partners;
“Online Only Platform” is the online only sale platform and associated technical services provided by Sotheby’s and our partners which is accessible solely by online means and which enables Buyers to bid for and buy Lots in a time based auction;
“Online Sale Information” is the Lot information including, but not limited to, any pre-sale estimates; any information regarding provenance; the online catalogue description of the Lot; any catalogue available as a PDF on the Sotheby’s website in respect of the Online Only Auction, any condition report provided by Sotheby’s in relation to the Lot (with any such condition report being deemed to include the online images of the Lot); any other information relating to the Lot or the conduct of the Online Only Auction published on the Online Only Platform (including, but not limited to, the Guide to Buying in an Online Only Auction set out above); any on-screen notices relating to the Online Auction;
“Online Trader” is a person who is the Seller of a Lot and is acting for purposes relating to that person’s trade, business, craft or profession;
"Overhead Premium" is the allocation of Sotheby’s overhead costs relating to Sotheby’s facilities, property handling and other administrative expenses that is payable by the Buyer on the Hammer Price at the rates set out in the Guide to Buying in an Online Only Auction set out above, plus any applicable VAT or amount in lieu of VAT;
"Purchase Price" is the Hammer Price, applicable Buyer's Premium and applicable Overhead Premium including VAT and any applicable ARR;
"Reserve" is the confidential minimum price which the Seller has agreed to accept for a Lot below which the Lot cannot be sold;
"Seller" is the person offering a Lot for sale (including their agent (other than Sotheby's), executors or personal representatives);
"Sotheby's" means Sotheby's, the unlimited company which has its registered office at 34-35 New Bond Street, London W1A 2AA;
"Sotheby's Company" means both Sotheby's in the USA and any of its subsidiaries (including Sotheby's in London) and Sotheby’s Diamonds SA and its subsidiaries (in each case “subsidiary” having the meaning of Section 1159 of the Companies Act 2006);
“Standard Online Delivery Costs” means the sums charges for delivery of the Lot to a Buyer using Sotheby’s standard online delivery service;
"VAT" is Value Added Tax at the prevailing rate. Further information is contained in the Guide to Buying in an Online Only Auction set out above;
“Verified Account” refers to the category of Sotheby’s account which is required to enable the account holder to (i) register for a sale; and (ii) to bid in an auction (including, but not limited to, an Online Only Auction); and
“Verified Accountholder” means an individual or entity who/which maintains a Verified Account.
3. Duties of Bidders and of Sotheby’s in respect of items for sale
(a) Sotheby’s knowledge in relation to each Lot is partially dependent on information provided to it by the Seller, and Sotheby’s is not able to and does not carry out exhaustive due diligence on each Lot. Bidders acknowledge this fact and accept responsibility for carrying out investigations to satisfy themselves as to the Lots in which they may be interested.
(b) Bidders acknowledge that many Lots are of an age and type which means that they are not in perfect condition. All Lots are offered for sale in the condition they are in at the time of sale in the relevant Online Only Auction. Any reference to condition in the Online Sale Information will not amount to a full description of condition and the absence of any reference to the condition of a Lot in the online catalogue description does not imply that the Lot is free from faults or imperfections. Condition reports may be available to assist Bidders with assessing the condition of a Lot and are for guidance only. The online images of the Lot form part of the condition report provided by Sotheby’s. Certain online images of the Lot 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 Online Sale Information and/or any condition report relating to 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 Sotheby’s is not a professional conservator or restorer but rather the condition report is a statement of opinion genuinely held by Sotheby’s. For that reason, Sotheby’s condition report is not an alternative to taking your own professional advice regarding the condition of the Lot. Please note that all electrical and mechanical goods are sold on the basis of their artistic and decorative value only, and should not be assumed to be operative. It is essential that prior to any intended use, the electrical system for any Lot is checked and approved by a qualified electrician.
(c) The Online Sale Information provided to Bidders in respect of a Lot, and any other estimate, whether written or oral, or other report, commentary or valuation, is not a representation of fact but rather is a statement of opinion genuinely held by Sotheby’s. Any estimate may not be relied on as a prediction of the selling price or value of the Lot and may be revised from time to time in Sotheby's absolute discretion.
(d) No representations or warranties are made by Sotheby's or the Seller as to whether any Lot is subject to copyright or whether the Buyer acquires copyright in any Lot.
(e) Subject to: the matters referred to at 3(a) to 3(d) above and the specific exclusions contained at Condition 4 below, Sotheby’s shall exercise such reasonable care when making express statements in the Online Sale Information (including, but not limited to, the catalogue description and any condition report relating to the Lot) as is consistent with the standard of care which a Bidder would reasonably expect from an auction house of Sotheby’s standing taking into account the estimate of the relevant Lot and in the light of:
(i) the information provided to it by the Seller;
(ii) scholarship and technical knowledge; and
(iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.
4. Exclusions and limitations of liability to Buyers
(a) Sotheby’s shall refund the Purchase Price to the Buyer in circumstances where it deems that the Lot is a Counterfeit and each of the conditions of the applicable Authenticity Guarantee has been satisfied.
(b) In the light of the matters in Condition 3 above and subject to Conditions 4(a) and 4(e), neither any Sotheby's Company nor the Seller:
(i) is liable for any errors or omissions in information provided to Bidders by Sotheby’s (or any Sotheby's Company), whether orally or in writing, whether negligent or otherwise, except as set out in Condition 3(e) above;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by law) other than the express warranties given by the Seller to the Buyer in Condition 2 of the Sellers' Conditions of Business;
(iii) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by Sotheby’s in connection with the conduct of the Online Only Auction and/or the operation of the Online Only Platform or for any matter relating to the sale of any Lot.
(c) Unless Sotheby’s owns a Lot offered for sale, it is not responsible for any breach of these conditions by the Seller.
(d) Without prejudice to Condition 4(b), any claim against Sotheby’s or the Seller by a Bidder is limited to the amount of Purchase Price with regard to that Lot. Neither Sotheby’s nor the Seller shall under any circumstances be liable for any indirect or consequential losses.
(e) Nothing in this Condition 4 shall exclude or limit Sotheby’s liability in respect of any fraudulent misrepresentation made by Sotheby’s or the Seller, or in respect of death or personal injury caused by the negligent acts or omissions of Sotheby’s or the Seller.
5. Registering to bid in an Online Only Auction
(a) In order to bid in an Online Only Auction, Bidders must have set up a Verified Account (in accordance with the procedures set out at 5(b) and 5(c) below).
(b) If a Bidder has not already bid online in a Sotheby’s sale, the Bidder will have to create a Verified Account in order to register for a particular Online Only Auction and to be eligible to bid in that particular Online Only Auction. The registration process requires that a Bidder submits their request to open a Verified Account no later than 24 hours prior to the closing of the first Lot in the relevant Online Only Auction in which the Bidder wishes to bid (Bidders will also be required to provide certain information to Sotheby’s as part of the application process) to create a Verified Account, please follow the registration instructions provided at:
www.sothebys.com/accountcreation
(c) If a Bidder has already set up a Verified Account, the Bidder can sign into the applicable Online Only Auction using their existing username and password. Once the Bidder has registered for a particular Online Only Auction, the Bidder can submit bids using their existing Verified Account (if a Bidder has multiple accounts, the Bidder will need to select the account under which they wish to transact in a particular Online Only Auction). To login to a Bidders Verified Account, please follow the login instructions provided at:
https://www.sothebys.com/login
(d) By registering to bid in an Online Only Auction (whether in an individual capacity or on behalf of a company), Bidders acknowledge and agree that by submitting a bid in an Online Only Auction (i) in their individual capacity, in which case Bidders accept personal liability to pay the amounts identified at Condition 8(b) below as principal and (ii) in their capacity as agent for an identified third party, in which case Bidders accept joint and several liability to pay the Purchase Price with their principal.
(e) In order to set up a Verified Account, Bidders are required to supply the information requested, including valid credit card or other accepted payment method information. Sotheby's has absolute discretion to refuse an application to register for, or bid in, an Online Only Auction. Throughout the registration process, Sotheby’s has absolute discretion to request Bidders to supply such additional information and references as may be required by Sotheby's.
(f) Sotheby’s reserves the right to deactivate any Verified Account at any time prior to, during, or after an Online Only Auction.
6. Bidding in an Online Only Auction
(a) Bidding opens at a specified amount (which is below the presale low estimate for the Lot) and escalates in bid increments which are set out in the Online Sale Information relating to the Lot and which are determined at Sotheby’s discretion). Sotheby’s may vary the amount of the bid increments during the course of an Online Only Auction, at our sole discretion. Bids for a Lot may only be submitted between the dates and times specified in the Online Sale Information relating to the applicable Online Only Auction.
(b) An Online Only Auction can be fast moving. Competitive bidding can often escalate very quickly. Once you have set up a Verified Account, you will be able to submit a bid for a Lot by entering your maximum bid and clicking the ‘Place Bid’ button which appears at Lot level on the Online Only Platform. If you haven’t already registered as a Verified Accountholder, you will be prompted to do so at that point. You will then be asked to review and confirm your maximum bid by pressing ‘Continue to Confirm Bid’ and in doing so your bid is submitted. You accept and agree that a bid is submitted using the ‘Continue to Confirm Bid’ button and increased bids are submitted as set out in (d) below.
If a bid is successfully submitted on a Lot in an Online Only Auction from a Bidder’s computer or mobile device, the Bidder irrevocably agrees to pay the amounts identified in Condition 8(b) below, in full. Sotheby’s is not responsible for any errors that the Bidder makes in bidding on a Lot.
(c) The Online Only Platform requires that you submit a bid which correlates to one of the increments set out in the bidding increment table which is available to view at Lot level.
(d) If you have the leading bid on a Lot, you will receive a notification on the Online Only Platform informing you that you are the highest bidder. If you are outbid by another Bidder, you will receive an email notification to inform you accordingly and providing a link to follow to increase your bid. Your updated bid is submitted by pressing ‘Continue to Confirm Bid’.
If you are using the Sotheby’s mobile application then the ‘Quick Bid’ option can also be used to submit a bid by either (i) swiping the ‘Quick Bid’ button all the way to the right of the screen; or (ii) pressing the ‘Quick Bid’ Button and then pressing the ‘Place Bid’ Button.
(e) In the event that you submit a bid for an amount at which a bid has already been accepted, your bid shall be rejected.
(f) Unless Sotheby’s decides to exercise its discretion in accordance with Condition 6(h) below, the highest bid when the Lot closes will be the successful Bidder. This means that a contract for sale has been formed between the Seller and the successful Bidder when the Lot closes. The successful Bidder will receive an email notification of any successful bid and will be invoiced by Sotheby’s in accordance with Condition 8 below.
(g) The sale record for an Online Only Auction maintained by Sotheby’s will be taken as absolute and final in all disputes. In the event of any discrepancy between the sale record for an Online Only Auction maintained by Sotheby’s and any message or notification provided to you in relation to your bid on a Lot and/or the applicable Online Only Auction, the sale record for the Online Only Auction maintained by Sotheby’s shall prevail.
(h) Sotheby’s reserves the right, in our sole and absolute discretion, to
(i) reject, revoke or refuse to accept any bid submitted for a Lot using the Online Only Platform even those bids which have previously been accepted;
(ii) to withdraw any Lot or cancel the Online Only Auction whether prior to or during the Online Only Auction and Sotheby’s shall have no liability whatsoever in connection with such withdrawal or cancellation; and
(iii) to divide or combine any Lots.
(i) A Bidder may cancel a bid placed in an Online Only Auction only if either (A) the description of the Lot or the condition report for the Lot listed in the e-catalogue has been materially revised after the bid was placed; or (B) a notice regarding the Lot has been posted on Sotheby’s website after the bid was placed. For further information, please contact the Sotheby’s Bids Department in London at bids.london@sothebys.com.
7. Operation of the Online Only Platform
(a) Unless otherwise specified, all Lots are offered subject to a Reserve, which shall be no higher than the low presale estimate at the opening time for the applicable Online Only Auction. If any Lot is not subject to a Reserve, the ‘No Reserve’ symbol will be displayed against the Lot in the Online Sale Information.
(b) Sotheby’s offers the Online Only Platform as a convenience to its clients and the Online Only Platform shall be operated by Sotheby’s using reasonable care. The application that enables participation in an Online Only Auction via the Online Only Platform is optimized for broadband connectivity (DSL or cable modem). Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing an Online Only Auction via the Online Only Platform and in maintaining continuity of such access. Sotheby’s will not be liable for any errors or failure by Bidders to place bids using the Online Only Platform via the internet or a mobile device (except where any such error or failure is within Sotheby’s reasonable control) including, without limitation, errors or failures caused by: (i) any loss of connection between Bidders and the Online Only Platform; (ii) a breakdown or fault with the online bidding software or other technical services which relate to the Online Only Platform; and/or (iii) a breakdown or fault with any internet connection, computer, mobile device or system.
(c) As a potential Bidder, you acknowledge and accept that you shall not be given an opportunity to inspect the property prior to bidding in the Online Only Auction.
(d) You acknowledge and accept that Sotheby’s shall have the right in its absolute discretion to reduce the Reserve for any Lot at any time during the Online Only Auction provided this has been agreed with the Seller prior to any such reduction.
8. Payment for a purchased Lot
(a) If you are a successful Buyer of a Lot, you will receive by email an invoice from Sotheby’s as soon as reasonably practicable after the final Lot in the relevant Online Only Auction closes. In the event of any discrepancy between the any email notifications received by you from the Online Only Platform and the invoice emailed to you by Sotheby’s after the relevant Online Only Auction closes, the invoice prevails. Terms and conditions regarding payment of the invoice are set out below.
(b) The invoice for the Purchase Price of the purchased Lot (the “Buyer’s Invoice”) which will include:
(i) the Hammer Price;
(ii) the Buyer’s Premium;
(iv) the Overhead Premium;
(v) any ARR; and
(vi) any other duties, goods, sales or service tax or VAT.
Subject to Condition 10(e), Sotheby’s will also email you a shipping quote covering the Buyer’s Shipping Costs (the “Buyer’s Shipping Quote”) to the address registered on your Verified Account. Please refer to Condition 10 of these Conditions of Business for Buyers (Online Only) for further information. For international Buyers, the terms of sale are Delivery Duty Unpaid. If you have purchased a Lot for delivery outside of the UK, you acknowledge and agree that it is your responsibility to ascertain and pay all international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third party charges necessary to facilitate shipment.
(c) Sotheby’s charges a Buyer’s Premium and Overhead Premium to the Buyer on the Hammer Price for each Lot sold. The amount of the Buyer’s Premium and Overhead Premium are set out in the Guide to Buying in an Online Only Auction above.
(d) The Buyer of a Lot is solely responsible for the payment of any VAT (including, but not limited to, any import VAT), sales tax or value added sales tax, sales or compensating use tax or any other similar tax payable as a result of the sale of a Lot. Further information and guidance as to the application of such taxes is provided in the Guide to Buying in an Online Only Auction set out above.
(e) In certain countries, local laws entitle the artists or the artist’s estate to the ARR when any Lot created by the artist is sold. If these laws apply to a Lot, the Buyer must pay Sotheby’s an additional amount equal to the ARR (unless the local law requires payment to be made by the Seller). Further information and guidance on the application of the ARR is provided in the Guide to Buying in an Online Only Auction set out above.
(f) Unless otherwise agreed, payment of the total amount specified on the purchase invoice for a Lot is due by the Buyer immediately following receipt of the Sotheby’s invoice for the relevant purchased Lot and in any event no later than 48 hours after receipt of the Sotheby’s receipt (the "Due Date") notwithstanding any requirements for export, import or other permits for such Lot. Sotheby’s will only accept payment from the registered Bidder and we cannot change the Buyer’s name on an invoice or reissue the invoice in a name which differs to the name of the registered Bidder. If you are registered to bid as a company, your company will need to pay for any purchases in the name of the company via an accepted payment method. Partial payment of a Lot, or payment across multiple credit cards for a single lot, is not permitted. Further information regarding accepted payment methods is set out in the Guide to Buying in an Online Only Auction set out above.
(g) For lots eligible for payment in cryptocurrencies, payments made in cryptocurrency shall be subject to the following terms, in addition to the remaining relevant terms of this Condition 8:
(i) Sotheby's will accept payment in cryptocurrency only for lots designated as eligible for such in the sale catalogue, or by any oral or written announcement or notice prior to or during the sale, and only in the following cryptocurrencies: Bitcoin (BTC), Ether (ETH) and USD Coin (USDC) .
(ii) The amount due will be the cryptocurrency equivalent at the time payment is made of the amount invoiced. This means that only a portion of the Purchase Price may be payable in cryptocurrency and the remainder in pounds sterling. The Buyer will be responsible for applicable network fees required to successfully conduct the transaction on the blockchain.
(iii) Any payment in cryptocurrency must be made within ten (10) business days of the Buyer’s receipt of the invoice from Sotheby's, and payment must be made between the hours of 9:00am and 5:00pm Eastern Time (US), Monday to Friday (and not on a U.S. public holiday).
(iv) Payment must be made from an account or digital wallet in the Buyer's name maintained with one of the following platforms: (1) Coinbase Custody Trust; (2) Coinbase, Inc. (including Coinbase, Coinbase Pro and Coinbase Prime accounts); (3) Fidelity Digital Assets Services, LLC; (4) Gemini Trust Company, LLC; or (5) Paxos Trust Company, LLC. Partial payments from multiple digital wallets will not be accepted, and the Buyer will be required to provide documentation reasonably requested to confirm that the Buyer owns the wallet used to make payment.
(v) Payments in cryptocurrency will not be accepted other than in accordance with this Condition 8(g). If the Buyer makes payment in cryptocurrency other than in accordance with Condition 8(g), including where Sotheby’s determines in its sole discretion that any of the Buyer’s representations and warranties are inaccurate, incomplete or breached, Sotheby's may, in its sole discretion, return those funds to the Buyer and hold the Buyer responsible for all third-party fees (including, without limitation, network fees, taxes, transfer fees, etc.), and in such circumstances Sotheby's may require the Buyer to pay in the fiat currency of the sale. In addition, in the event Sotheby's makes any refund of taxes to the Buyer and the Buyer paid such taxes using cryptocurrency, the Buyer understands and agrees that Sotheby's, at our sole discretion, may refund the Buyer (1) the same amount(s) of the same cryptocurrency that the Buyer paid to Sotheby's for such taxes; (2) the amount(s) in fiat currency that Sotheby's invoiced to the Buyer for such taxes; or (3) the fiat currency equivalent at the time the refund is made of the amount(s) of cryptocurrency that the Buyer paid for such taxes. In no circumstance will the Buyer be entitled to receive any appreciation on the value of the cryptocurrency that the Buyer provided to Sotheby's as payment in connection with a refund.
(vi) Once the Buyer initiates a cryptocurrency transaction, the transaction cannot be reversed; this is inherent in the nature of cryptocurrencies and not a policy set by Sotheby's. The Buyer is responsible for verifying that the Buyer has sent the correct amount to the correct digital wallet address.
(vii) If the Buyer makes payment in cryptocurrency from a digital wallet or account, the Buyer represents and warrants the following: (a) the Buyer owns the digital wallet and the cryptocurrency used to make payment; (b) the digital wallet or account is not directly or indirectly hosted, operated, or otherwise controlled by anyone that is the subject to Sanctions or located, resident, or organised in a Sanctioned Jurisdiction; (c) the cryptocurrency or any other assets in the digital wallet or account used for the bid or purchase were not sourced from anyone that is the subject of Sanctions or located, resident, or organised in a Sanctioned Jurisdiction; and (d) the Buyer's payment in cryptocurrency will not cause (or otherwise result in) Sotheby's, the Seller or anyone else to violate any Sanctions, anti-money laundering, anti-terrorism, anti-bribery or anti-corruption laws, or any other applicable laws. Sotheby’s may, in its sole discretion, refuse payment in cryptocurrency from any Buyer if Sotheby’s reasonably determines any of the Buyer’s representations or warranties are, or would be as a result of such payment, inaccurate, incomplete or breached.
(viii) Sotheby's shall have no liability for any payment made by the Buyer in cryptocurrency that is not received by Sotheby's for whatever reason.
(ix) The Buyer acknowledges the risks inherent to the use of cryptocurrency, including without limitation the risk of faulty or insufficient hardware, software, and internet connections; the risk of introduction or intrusion of malicious code or software; the risk of hacking or unauthorised access to the Buyer’s digital wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavourable exchange rates; and the risk of unfavourable regulatory intervention and/or tax treatment in relation to transaction in such currency. Sotheby’s will have no liability for any of the foregoing.
(h) Title in a purchased Lot will not pass until Sotheby's has received the total amounts due for that Lot in accordance with Condition 8(b) above in cleared funds. Sotheby's is not obliged to release a Lot to the Buyer until title in the Lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or the Buyer's unconditional obligation to pay the total amounts due for that Lot in accordance with Condition 8(b) above.
(i) Risk in and responsibility for the purchased Lot will transfer to the Buyer as follows: (i) if Sotheby’s dispatches the Lot to the Buyer using the method of shipping specified for the Lot in the relevant Online Only Auction, when the Lot comes into the physical possession of the Buyer or a person identified by the Buyer to take physical possession of the Lot on the Buyer’s behalf; or (ii) if collection by the Buyer in person is permitted for the relevant Online Only Auction, when the Buyer collects the Lot. As a Buyer, you acknowledge and agree that the Lot is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase of the Lot (in accordance with the procedure set out at Condition 11 below) and that you should therefore ensure that you insure the Lot against loss or damage until it is returned to Sotheby’s.
(j) If you fail to pay us the total amounts due for the purchased Lot(s) in accordance with Condition 8(b) above in full by the Due Date, Sotheby’s will be entitled to exercise any of the remedies identified at Condition 9 below.
9. Remedies for non-payment
Without prejudice to any rights the Seller may have, if the Buyer without prior agreement fails to make payment for the Lot by the Due Date, Sotheby's may in its sole discretion (having informed the Seller) exercise one or more of the following remedies:
(a) store the Lot at its premises or elsewhere at the Buyer’s sole risk and expense;
(b) cancel the sale of the Lot;
(c) set off any amounts owed to the Buyer by a Sotheby’s Company against any amounts owed to Sotheby's by the Buyer in respect of the Lot;
(d) apply any payments made to Sotheby’s by the Buyer as part of the amounts due pursuant to Condition 8(b) above towards that or any other Lot purchased by the Buyer, or to any shortfall on the resale of any Lot pursuant to paragraph (h) below, or to any damages suffered by Sotheby’s as a result of breach of contract by the Buyer;
(e) reject future bids from the Buyer or render such bids subject to payment of a deposit;
(f) charge interest at 6% per annum above HSBC Bank plc Base Rate from the Due Date to the date the Purchase Price and relevant Buyer's Expenses are received in cleared funds (both before and after judgement);
(g) exercise a lien over any of the Buyer’s property which is in the possession of a Sotheby’s Company. Sotheby's shall inform the Buyer of the exercise of any such lien and within fourteen (14) days of such notice may arrange the sale of such property and apply the proceeds to the amount owed to Sotheby’s;
(h) resell the Lot by auction or private sale, with estimates and reserves at Sotheby's discretion. In the event such resale is for less than the Purchase Price and Additional Buyer's Expenses for that Lot, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
(i) commence legal proceedings to recover the Purchase Price and Additional Buyer's Expenses for that Lot, together with interest and the costs of such proceedings on a full indemnity basis; or
(j) release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs. Sotheby's will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.
10. Transport and Shipping
(a) As stated in Condition 8 above, you will be emailed the Buyer’s Shipping Quote at the same time that you are emailed the Buyer’s Invoice. Once you have accepted the Buyer’s Shipping Quote and provided that the purchased Lot and the amount stated in the Buyer’s Shipping Quote have each been paid for in full by the Buyer by the payment deadline stated, Sotheby’s will ship the purchased Lot to the Buyer to the address provided by you on your Verified Account, no later than thirty (30) days from conclusion of the sale contract between the Seller and the Buyer, unless due to circumstances outside of Sotheby’s control or otherwise explicitly agreed. Purchased Lots cannot be delivered to P.O. boxes.
(b) The Buyer is responsible for payment of the Buyer’s Shipping Costs as specified in the Buyer’s Shipping Quote. Although Sotheby’s shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased Lot, Sotheby’s is not responsible for any acts or omissions by any third party retained for these purposes including, without limitation, any packing, shipping or delivery of purchased Lots. Similarly, where Sotheby’s may suggest or recommend any third party handler, packer or carrier if so requested by a Buyer, you acknowledge and agree that Sotheby’s does not accept liability for their acts or omission and you agree to release Sotheby’s from any such liability.
(c) Any Lot sold in an Online Only Auction may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country. Obtaining the necessary permits and/or licences may result in additional costs and subsequent delays. Local laws may prevent you from importing a Lot or may prevent you from selling a Lot in the country which you import into. It is the Buyer's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalogue reflect Sotheby’s reasonable opinion at the time of cataloguing and offer Bidders general guidance only. For further guidance on export/import restrictions, please refer to the Guide to Buying in an Online Only Auction set out above.
(d) Without prejudice to Conditions 3 and 4 above, Sotheby's and the Seller make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. The denial of any permit or licence shall not justify cancellation or rescission of the sale contract or any delay in payment.
(e) Sotheby’s is unable to arrange delivery to those locations which are specified as excluded zones in the shipping costs calculator which is available on the Online Only Platform (each an “Unavailable Destination”). In the event that you request delivery of a Lot to an Unavailable Destination, Sotheby’s reserves the right to require you to collect the Lot from the Sotheby’s storage facility at Greenford (13 Ockham Drive, Greenford, Middlesex, UB6 0FD) or to arrange delivery of the Lot by a third party carrier.
11. Cancellation of an Online Only Sale
(a) If the Buyer is an Online Consumer and the Seller is an Online Trader, the Buyer shall have the right to cancel the sale contract which exists directly between the Online Trader (as Seller) and the Online Consumer (as Buyer) for any reason (except for goods that are personalised or made to the Buyer’s specifications) (the “Consumer Cancellation Right”) during the period of fourteen (14) calendar days after the Buyer or the Buyer’s designated agent (other than the carrier) acquires physical possession of the Lot (the “Online Sale Cancellation Period”). The Consumer Cancellation Right in relation to a Lot applies provided that (i) the Online Consumer duly informs Sotheby’s during the Online Cancellation Period of their intention to cancel the purchase of the Lot; and (ii) the Online Consumer returns the Lot to Sotheby’s without undue delay and in any event not later than fourteen (14) calendar days from the day after the Online Consumer has communicated their intention to cancel the purchase of the Lot to Sotheby’s.
(b) To exercise the right to cancel the sale contract in relation to a Lot, the Online Consumer must inform Sotheby’s (being the company within the Sotheby’s Group and specified in the Online Sale Information which offers to sell the Lot either as agent for the Seller or as principal) of their decision to cancel the sale contract by a clear statement (e.g. a letter sent by post, fax or email). Alternatively, the Online Consumer may use the model cancellation form set out below. Provided that the Online Consumer sends the communication to inform the Online Trader of the cancellation prior to the end of the Online Sale Cancellation Period, the Online Consumer will be deemed to have cancelled the sales contract within the Online Sale Cancellation Period.
(c) If the Online Consumer cancels the sales contract within the Online Sale Cancellation Period, Sotheby’s will reimburse (without undue delay and in any event within fourteen (14) calendar days after receipt of the returned Lot from the Online Consumer within the time frame specified in Condition 11(a)(ii) payments received by Sotheby’s from the Online Consumer (including the Purchase Price and any Standard Online Delivery Costs). Sotheby’s shall not process the reimbursement unless and until the Lot is returned to Sotheby’s or you have supplied Sotheby’s with evidence of having returned the Lot to us. Please note that Lots should be returned to Sotheby’s in the same condition they were received by the Online Consumer or their representative. Sotheby’s will make a deduction from the reimbursement for loss in value of the returned Lot, if the loss is the result of unnecessary handling by you.
(d) Sotheby’s will make the reimbursement to the Online Consumer using the same method of payment as the Online Consumer used for the initial transaction, unless expressly agreed otherwise. Sotheby’s will not charge the Online Consumer any fee in connection with processing the reimbursement.
(e) Sotheby’s shall not reimburse the Online Consumer by the amount of any supplementary costs which arise if you chose a type of delivery other than the least expensive type of standard delivery offered by Sotheby’s or any import duties we incur as a result of you returning the Lot to us. Sotheby’s is entitled to deduct from the reimbursement the amount of any loss in value of the Lot which is caused as a result of unnecessary handling by you.
(f) You shall send back the Lot or hand it over to us at such address as we may specify for the purpose, without undue delay and in any event no later than 14 calendar days from the day after which you communicate your cancellation of your purchase of the Lot to us. This deadline is met if you send back the Lot before the period of 14 calendar days has expired. You will have to bear the direct costs of returning the Lot. If we arranged for the Lot to be delivered we estimate that the cost of returning the Lot by the same means is likely to be similar to the cost of delivery but it is not possible for us to be more accurate as to this cost due to the many variables involved in our worldwide business model and the means by which a return might be made.
12. Cancellation of Services
(a) If the Buyer is an Online Consumer and the Seller is an Online Consumer, the Buyer shall not have the right to cancel the sale contract (in accordance with Condition 11 above). However, the Buyer shall be entitled to cancel the contract for any delivery services which Sotheby’s agrees to provide to the Buyer in connection with your purchase of the Lot during the Services Online Sale Cancellation Period without giving any reason.
(b) As a Buyer in an Online Auction, you request Sotheby’s immediately to begin performance of the delivery services during the Online Services Cancellation Period. If you subsequently decide to exercise your right to cancel the provision of services (in accordance with Condition 12(a) above) during the Online Services Cancellation Period, you shall pay to Sotheby’s an amount which is in proportion to the value of the services that have been performed by the time you exercise your cancellation right. Sotheby’s will make any reimbursement due to you without undue delay and in any event, not later than fourteen (14) days after the date on which we are informed about your decision to cancel the services. Sotheby’s will make the reimbursement to the Online Consumer using the same method of payment as the Online Consumer used for the initial transaction, unless expressly agreed otherwise. Sotheby’s will not charge the Online Consumer any fee in connection with processing the reimbursement.
(c) To exercise the right to cancel the contract in for delivery services in relation to a purchased Lot, the Online Consumer must inform Sotheby’s of their decision to cancel the provision of services by a clear statement (e.g. a letter sent by post, fax or email). Alternatively, the Online Consumer may use the model cancellation form set out below. Provided that the Online Consumer sends the communication to inform the Online Trader of the cancellation prior to the end of the Online Services Cancellation Period, the Online Consumer will be deemed to have cancelled the sales contract within the Online Services Cancellation Period.
Model form of cancellation – sale of goods/provision of services
To: Sotheby’s [insert the name of the company within the Sotheby’s Group and specified in the Online Sale Information]
I/We* hereby give notice that I/We* cancel my/our sale of the following goods [*]/for the provision of the following services [*],
Ordered on [*]/received on [*],
Name of Online Consumer(s):
Address of Online Consumer(s):
Signature of Online Consumer(s) [only if the notification is in hard copy]
Date:
[*] Delete as appropriate
13. Additional Provisions which apply where a Lot is an Experience
(a) As Is
Each Experience is sold “AS IS” without any representations or warranties of any kind. Without limiting the generality of the foregoing, Sotheby's expressly disclaims any implied representations or warranties of merchantability or fitness for a particular purpose, representations and warranties as to the condition, size, quality, rarity, importance, provenance, literature or historical relevance of an Experience, or as to the quality, accuracy, timeliness, non-infringing nature, completeness or reliability of any Online Sale Information which relates to an Experience, including any Experience Listing or other description of any Experience and any representations or warranties arising out of course of dealing or usage of trade. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Sotheby's is not responsible for errors and omissions in any Online Sale Information which relates to an Experience, including any Experience Listing, or any supplemental material.
(b) No Endorsement
Sotheby's does not plan, host, operate, or fulfil the Experiences. Sotheby's does not endorse, verify, vouch for, investigate or vet any Experience. Sotheby's does not make any representations or warranties, express or implied, of any kind with respect to any Experience. Sotheby's is not responsible for estimates, descriptions or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the Seller. Sotheby's does not verify the accuracy of this information.
(c) Costs and Expenses
For each Experience, any incidental costs and expenses such as fees for travel, food or lodging are the sole responsibility of the Purchaser unless otherwise expressly stated in the Experience Listing for the applicable Experience.
(d) Withdrawal
Sotheby's reserves the right to withdraw any Experience before, during and after the Online Only Auction and shall have no liability whatsoever for such withdrawal.
(e) Limitation of Liability
(i) The following terms apply to any Lot which is an Experience:
In connection with the sale of any Lot which is an Experience, in no event will Sotheby's aggregate total liability to the Buyer exceed the portion of purchase price actually paid for a Lot equal to the value of the respective Experience. The Buyer acknowledges and agrees that, as between the Buyer and Sotheby's, in each case to the maximum extent permitted by law, the Buyer assumes the entire risk arising out of or in connection with the Buyer 's purchase of and participation in an Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience. None of Sotheby's, its affiliates, or any of their respective employees, shareholders, officers or directors (each, a "Sotheby's Party") (a) are liable for any negligence or willful act or omission of any person or entity providing any goods or services arising out of or in connection with Buyer 's purchase of or participation in any Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience, or (ii) are responsible for and each expressly disclaims and you release each such person or entity from any liability for any injury, damage or harm to any person or entity or to real or personal property, financial or physical loss, death, inconvenience or delay arising out of or in connection with Buyer 's purchase of or participation in any Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience.
In connection with the sale of any Lot which is an Experience, without limiting the generality of the foregoing, no Sotheby's Party will be liable for any incidental, punitive, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with Buyer 's purchase of or participation in any Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not such person or entity has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In connection with the sale of any Lot which is an Experience, no Sotheby's Party assumes any responsibility for any other third party's failure to comply with any applicable laws and regulations. Each Sotheby's Party explicitly disclaims and you release each Sotheby's Party from any and all liability for any act or omission of any other third person or entity. Sotheby's cannot control the Buyer 's or any guest's interaction with the Seller or any third party and each Sotheby's Party expressly disclaims and you release each Sotheby's Party from any liability arising out of or in connection with such interaction.
You agree that any legal remedy or liability that you seek to obtain arising out of or in connection with any Experience or the Online Only Auction will be limited to a claim against the Seller or other third parties. You agree not to impose or attempt to impose any liability on any Sotheby's Party or seek any legal remedy from any Sotheby's Party with respect to any Experiences or the Online Only Auction.
14. Bidder’s/buyer’s warranties
(a) The Bidder and/or Buyer warrants that:
(i) the Bidder and/or Buyer will provide to Sotheby’s, upon request, verification of identity and any additional information required to comply with Sotheby’s Know Your Client (“KYC”) requirements and/or the applicable law, failing which Sotheby’s shall be entitled either not to complete or to cancel the sale of any Lot, as appropriate;
(ii) the Bidder and/or Buyer is not subject to trade sanctions, embargoes or any other restriction on trade (A) in the jurisdiction in which it does business, and (B) that are administered and enforced by the United States, European Union, United Kingdom, United Nations Security Council or other relevant sanctions authority, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); and
(iii) the funds used for purchase and settlement of the lot(s) are not connected with nor have any link to nor are derived from any criminal activity, including without limitation tax evasion, money laundering, terrorist activities or other criminal activity, and the Bidder/Buyer is neither under investigation, nor has been charged with or convicted of without limitation, tax evasion, money laundering, terrorist activities or other criminal activity.
(b) Where the Bidder is bidding on behalf of another person or acting as agent (in either case, the “Agent”) for another party (the “Principal(s)”), the “Bidder” or “Buyer” shall refer to Principal and Agent jointly and severally unless otherwise expressly indicated and the Agent warrants in its own capacity (in addition to the warranties set out in Condition 14(a) which are given jointly and severally by the Agent and the Principal(s)) that:
(i) the Principal(s) is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s);
(ii) the funds used for purchase and settlement of the lot(s) are not connected with, nor have any link to any criminal activity, including without limitation tax evasion, money laundering, terrorist activities or other criminal activity and that the arrangements between the Agent and the Principal(s) of the lot(s) or otherwise do not, in whole or in part facilitate tax crimes;
(iii) the lot(s) purchased by the Agent or the Principal(s) is not being purchased for the purposes of, or being used in any way connected with, or to facilitate breaches of any applicable tax, anti-money laundering or anti-terrorism laws or regulations;
(iv) the Agent has conducted appropriate customer due diligence on the Principal(s) of the lot(s) in accordance with all applicable anti-money laundering and sanctions laws and regulations and the Agent does not know and has no reason to suspect that the funds used for settlement are derived from or connected with proceeds of any criminal activity including without limitation tax evasion, or that the ultimate buyer(s) is under investigation, or has been charged with or convicted of money laundering, terrorist activities or other criminal activity;
(v) the Agent will disclose to Sotheby’s the identity of the Principal and will provide to Sotheby’s, upon request, verification of identity and any additional information required to comply with Sotheby’s KYC requirements and/or the applicable law with respect to the Agent and the Principal and/or to evidence the Agent’s authority to bid on behalf of the Principal and to bind the Principal. If the Agent fails to satisfy Sotheby’s KYC requirements, Sotheby’s shall be entitled either not to complete or to cancel the sale of any Lot, as appropriate. .
(c) The Bidder and/or Buyer hereby undertakes and warrants that none of the funds used for purchase and settlement will be funded by any Sanctioned Person(s), nor will any party involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
(d) Sotheby’s reserves the right to seek identification of the source of funds received, and to make enquiries about any person transacting with Sotheby’s. If Sotheby’s has not completed its enquiries in respect of anti-money laundering, anti-terrorist financing or other checks as it considers appropriate concerning the Bidder and/or Buyer or the Seller to Sotheby’s satisfaction at its discretion, Sotheby’s shall be entitled either not to complete or to cancel the sale of any lot, as appropriate, and to take any further action required or permitted under applicable law without any liability to the Bidder and/or Buyer.
15. General
(a) All images and other materials produced for the auction are the copyright of Sotheby's, for use at Sotheby's discretion.
(b) Notices to Sotheby's should be in writing and addressed to the department in charge of the sale, quoting the reference number specified at the beginning of the sale catalogue. Notices to Sotheby's clients shall be addressed to the last address formally notified by them to Sotheby's.
(c) Should any provision of these Conditions of Business for Buyers (Online Only) be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(d) These Conditions of Business for Buyers (Online Only) are not assignable by any Buyer without Sotheby's prior written consent, but are binding on Buyers' successors, assigns and representatives. No act, omission or delay by Sotheby's shall be deemed a waiver or release of any of its rights.
(e) The Contracts (Rights of Third Parties) Act 1999 is excluded by these Conditions of Business for Buyers (Online Only) and shall not apply to any contract made pursuant to them.
(f) The materials listed in Condition 1(a) above set out the entire agreement and understanding between the parties with respect to the subject matter hereof. It is agreed that, save in respect of liability for fraudulent misrepresentation, no party has entered into any contract pursuant to these terms in reliance on any representation, warranty or undertaking which is not expressly referred to in such materials.
16. Data Protection
Sotheby’s will hold and process the Buyer’s personal information and may share it with another Sotheby’s Group company for use as described in, and in line with, Sotheby’s Privacy Policy published on Sotheby’s website at www.sothebys.com or available on request by email to enquiries@sothebys.com.
17. Law and Jurisdiction
Governing Law These Conditions of Business for Buyers (Online Only) and all aspects of all matters, transactions or disputes to which they relate or apply (including any online bids in the sale to which these Conditions apply) shall be governed by and interpreted in accordance with English law.
Jurisdiction All Bidders and Sellers agree that the Courts of England and Wales are to have exclusive jurisdiction to settle all disputes (including non-contractual disputes) arising in connection with all aspects of all matters or transactions to which these Conditions of Business for Buyers (Online Only) relate or apply.
Service of Process All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in the Courts of England and Wales by personal service, delivery by mail or delivery by email at the last address of the relevant Bidder or Seller known to Sotheby’s or any other usual address or in any other manner permitted by English law, or by the law of the place of service.
March 2022
SOTHEBY’S AUTHENTICITY GUARANTEE FOR ANY PROPERTY (EXCEPT BOOKS AND JEWELLERY TO WHICH THE AUTHENTICITY GUARANTEES SET OUT BELOW APPLY)
If Sotheby’s sells an item which subsequently is shown to be a “counterfeit”, subject to the terms below Sotheby’s will set aside the sale and refund to the Buyer the total amount paid by the Buyer to Sotheby’s for the item, in the currency of the original sale.
For these purposes, “counterfeit” means a lot that in Sotheby’s reasonable opinion is an imitation created to deceive as to authorship, origin, date, age, period, culture or source, where the correct description of such matters is not reflected by the description in the catalogue (taking into account any Glossary of Terms). No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting).
Please note that this Guarantee does not apply if either:-
(i) the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or
(ii) the only method of establishing at the date of the sale that the item was a counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical to use; or likely to have caused damage to the lot or likely (in Sotheby’s reasonable opinion) 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.
This Guarantee is provided for a period of five (5) years after the date of the relevant auction, is solely for the benefit of the Buyer and may not be transferred to any third party. To be able to claim under this Guarantee, the Buyer must:-
(i) notify Sotheby’s in writing within three (3) months of receiving any information that causes the Buyer to question the authenticity or attribution of the item, specifying the lot number, date of the auction at which it was purchased and the reasons why it is thought to be counterfeit; and
(ii) return the item to Sotheby’s in the same condition as at the date of sale to the Buyer and be able to transfer good title in the item, free from any third party claims arising after the date of the sale.
Sotheby's has discretion to waive any of the above requirements. Sotheby's may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the field, mutually acceptable to Sotheby's and the Buyer. Sotheby's shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Sotheby's decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports.
Sotheby’s Authenticity Guarantee for Jewellery
If Sotheby’s sells any gemstone or pearls which the Buyer subsequently shows to Sotheby’s reasonable satisfaction not to be genuine or of natural origin, subject to the terms below Sotheby’s will set aside the sale and refund to the Buyer the total amount paid by the Buyer to Sotheby’s for such gemstones or pearls, in the currency of the original sale.
This Guarantee is provided for a period of twenty one (21) days after the date of the relevant auction, is solely for the benefit of the Buyer and may not be transferred to any third party. To be able to claim under this Guarantee, the Buyer must:-
(i) notify Sotheby’s in writing within such 21 day period of the reasons for not believing the gemstones or pearls to be genuine or of natural origin, specifying the lot number, date of the auction at which it was purchased; and
(ii) return the item to Sotheby’s in the same condition as at the date of sale to the Buyer and be able to transfer good title in the item, free from any third party claims arising after the date of the sale.
Sotheby's has discretion to waive any of the above requirements. Sotheby's may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the field, mutually acceptable to Sotheby's and the Buyer. Sotheby's shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Sotheby's decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports.
GLOSSARY OF TERMS
The following are examples of the terminology used in this catalogue. Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact. Please read carefully the terms of the Conditions of Business for Buyers (Online Only) and the Authenticity Guarantee set out above, in particular Conditions 3 and 4 of the Conditions of Business for Buyers (Online Only).
1. GIOVANNI BELLINI
In our opinion a work by the artist. When the artist’s forename(s) is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named.
2. 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.
3. 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.
4. 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.
5. MANNER OF GIOVANNI BELLINI
In our opinion a work in the style of the artist and of a later date.
6. AFTER GIOVANNI BELLINI
In our opinion a copy of a known work of the artist.
7.The term signed and/or dated and/or inscribed means that in our opinion the signature and/or date and/or inscription are from the hand of the artist.
8. The term bears a signature and/or date and/or inscription means that in our opinion the signature and/or date and/or inscription have been added by another hand.
9. Dimensions are given height before width.
WRISTWATCHES
All wristwatches are sold as viewed and cannot be returned on the grounds that repairs have been carried out or parts supplied by anyone other than the named makers.
Watches may not be taken apart whilst on view. Prospective buyers or their agents wishing to do so should make an appointment with the Watch Department for a private view the week before the sale. Although condition reports may be given on request, such reports are statements of opinion only and may not specify all mechanical replacements or imperfections in the movement, case and dial. All dimensions are approximate.
Watches in water-resistant cases have been opened to examine movements but no warranties are made that the watches are currently water-resistant.
Please note that we do not guarantee the authenticity of any individual component parts, such as wheels, hands, crowns, crystals, screws, bracelets and leather bands, since subsequent repairs and restoration work may have resulted in the replacement of original parts.
Please be advised that straps made of material derived from endangered or otherwise protected species (i.e. alligator and crocodile) are not sold with the watches and are for display purposes only. We reserve the right to remove these straps prior to shipping. Furthermore, in reference to watch bands, we do not guarantee the material of manufacture. Please be advised that the purchaser will be responsible for complying with any applicable export and import matters, particularly in relation to endangered species and the United States Department of Fish and Wildlife Services.
We make no representation or warranty as to the condition of any lot sold.
