Terms and Conditions of Sale
Terms and Conditions of Sale
1. On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and, thereupon will pay the purchase price in full. All property shall be removed from the premises the day of the sale. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitations the right to hold the purchaser liable for the purchase price, we, at our option, may either:
i. cancel the sale, retaining as liquidated damages all payments made by the purchaser or:
ii. resell the property on three days' notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due here under and incidental damages.
2. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale.
3. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be inclusive in all respects.
4. If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser.
5. Where the consignor is indebted to or has a monetary guarantee from us, and in certain other circumstances, we may have interest in the offered lots and the proceeds there-from other than our commissions, and may bid through a representative or agent to protect such interest. We are entitled to our standard commission rate where a lot is "bought-in" to protect our interest. The owner, consignor or agent thereof has reserved the right to bid.
6. If a lot is offered subject to reserve (the confidential minimum price below which a lot will not be sold), we may implement such a reserve by bidding on behalf of the consignor.
7. All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to authorship, period, source, origin, measurement or condition are qualified statements and shall not be deemed to be representations or warranties.
i. The majority of property offered at Elegance Gallery & Auctioneers comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition.
ii. As conditions are not included in the description text of our Asian& International Fine Arts auctions, prospective bidders should inspect all property before bidding to determine condition, size, and whether or not it has been repaired or restored. Absence of condition statements are not indications that lots are flawless or without normal signs of wear consistent with age. As a service to prospective bidders, condition reports are available on all items. Please contact christine@eleganceauction.com. Per our terms and conditions, these reports are our educated opinions but should not be held as absolute.
8. Payment terms:
We accept Personal Checks, Certified Checks, Visa, Mastercard, American Express, Discover and Wire Transfers. Auction purchases must be paid in full within 7 days of the auction. International orders and all orders of $5,000 or more must be paid for by Certified Check or Money Transfer.
9. ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY.
i. Please note that all Chinese scrolls are sold AS IS, with no guarantee as to authorship nor as to authenticity. It is the responsibility of the potential buyer, himself, to determine whether or not any of these scrolls might be original paintings, copies, etc. Unless specifically noted so in the description, no scrolls nor Chinese paintings are warranted or guaranteed to be by any particular artist nor of any particular age. Condition reports are available when requested, but will only refer to the physical condition of the scroll or painting.
ii. Please note: The lot description translations in Chinese are not our translations and therefore may contain discrepancies with the English description. These translations are for informational use only and should not be used to determine age, condition, authenticity, etc. Please contact us for a detailed condition report in Chinese.
10. ABSENTEE BIDS -- As a service to those wishing to place bids, we will accept such bids without charge, in advance of the sale, on bidding forms available from us. In the event identical bids are submitted, the earliest will take precedence. Absentee bids shall be executed in competition with other absentee bids, any applicable reserve, bids from the audience and bids live on-line.
11. ESTIMATED PRICES - As a convenience to our clients, we furnish pre-sale estimates for all materials included in the auctions. These estimates are only our approximate valuations and should be taken as educated guesses based upon comparable auction values, not as "prices." Bidding normally begins at about one-half the low estimate, but the final bid price may well be less than or more than any estimate printed.
12. ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.
THERE WILL BE A 15% BUYERS PREMIUM APPLIED TO ALL SALES PLUS AN ADDITIONAL 3% FOR ONLINE BIDS (MAY BE CHARGED SEPERATELY) . ALL DEALERS MUST PRESENT A CALIFORNIA RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR A 9.25% CALIFORNIA SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS.
13. International Bidders: YOU ARE RESPONSIBLE TO MEET ALL CUSTOMS/IMPORT-EXPORT REGULATIONS. WE WILL ASSIST BUT CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.
14. Condition of Property: Condition of property is NOT included catalogue descriptions. Prospective bidders are advised to inspect all lots prior to bidding to determine age, condition, size, medium, repairs and any restoration or lack thereof. As a service to prospective bidders, condition reports are available on ALL lots. Please contact christine@eleganceauction.com for any condition report requests. Please note per our terms, these reports are simply our educated professional opinions and should not be considered absolute.
15. With respect to sold property; all lots must be removed from our premises at the purchaser's expense, no later than 10 (ten) days following the date of the sale. If not so removed, storage fees of $5 (five) dollars per day, per lot will accrue until so removed. We reserve the right to transfer non-removed property to a storage facility at the purchaser's risk and expense.
16. No property will be released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. The Gallery can provide packing and shipping services at the buyer's expense. Items will be shipped via UPS unless another carrier is specified. Please note, items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs. If we cannot pack/ship your purchases, we can arrange packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We will offer recommendations of suitable third party carriers. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the purchaser and in case of damage, insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party, we can assist the purchaser in filing proper claims for reimbursement but will not be held responsible for the outcome. This reimbursement, of course, only covers the actual cost of the items shipped. Within approximately one week after the auction Elegance Gallery will advise purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take longer to get.)
Buyer's Premium
Elegance Gallery does not own the property that we sell at auction. We provide a venue to bring buyers and sellers together. Sellers are called consignors and we take possession of their property months before the auction. We use this time to research, catalogue, photograph and market the items before they go up for sale. When an object is sold, Elegance Gallery receives a percentage of the hammer price (we call that the seller's commission) plus certain fees as our payment from the consignor. We also collect a percentage of the hammer price from the buyer that we call a Buyer's Premium.
ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.
THERE WILL BE A 15% BUYERS PREMIUM APPLIED TO ALL SALES PLUS AN ADDITIONAL 3% FOR ONLINE BIDS. ALL DEALERS MUST PRESENT A CALIFORNIA RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR A 9.25% CALIFORNIA SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS.
Advertising & Marketing
Once you sign a consignment agreement for the sale of your property in a Elegance Gallery auction, we begin marketing it to potential buyers. After scheduling your property in an upcoming auction, your objects will then be catalogued as lots for our printed and online catalogues. Your property will also be photographed for inclusion in our online catalogue and for live online bidding. Special auction catalogues include full color photography for which we charge the consignors (based on the photo fees scale) an additional amount per photo.
We create an extensive marketing plan for each auction that includes direct mailings, advertisements, online promotions, special events, and public previews. All of our sales are posted online so Elegance Gallery has unique access to millions of Internet auction buyers who can bid live online in real time.
Online Imaging & Upload Fee
For a lot to be pictured in the online catalog, a $25 online imaging and upload fee will apply (per lot handling fee).
Preview Safety
We are concerned for your safety while you are on our premises and we endeavor to display items safely so far is reasonably practicable. Nevertheless, should you handle any items on view on our premises, you do so at your own risk. Some items can be large and/or heavy and can be dangerous if mishandled. Should you wish to view or inspect any items more closely, please ask for assistance from a member of the staff to ensure your safety and the safety of the property on view. Some items on view may be labeled "DO NOT HANDLE" or "PLEASE ASK FOR ASSISTANCE". Should you wish to view these items, you must ask for assistance from a staff member who will be pleased to assist you.
ALL PROPERTY IS SOLD AS IS.
ALL SALES ARE FINAL.
A 15% PREMIUM WILL BE PAID BY THE
PURCHASER AS PART OF THE PURCHASE PRICE
EXCEPT AS NOTED FOR SPECIAL SALES EVENTS.
Please Note: All measurements are approximations.
