TERMS AND CONDITIONS
BID PRICE: Each buyer must have an assigned Buyer's Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer's premium equal to 25% of the first 2.999€ of the bid price, 23% of the bid price up to and excluding 10.000€, 21% up to and excluding 60.000€ and 19% including and 60.000€ 3) VAT according to the margin scheme. These premiums are in effect no matter the channel of commerce (directly or through Invaluable).
ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
PAYMENT, SHIPPING AND PICKUP: Invoices must be paid in full within seven days of the date of sale. A storage fee will be charged if merchandise is left longer than one week at a rate of 25.00€ PER LOT PER INITIATED WEEK HEREAFTER. If the property that has been paid for is left longer than 25 days from the last day of the auction, if the purchaser has chosen to arrange shipping himself, it will be considered abandoned and resold to recoup storage fees. We reserve the right to be the primary shipper of the lots bought, but we are not responsible for any accidents that might occur AFTER THE LOT HAS BEEN PICKED UP. The buyer agrees that packing and handling of purchased lots done by us is ENTIRELY at the risk of the purchaser, and under no circumstances will PSARONI AUCTION GALLERY be held responsible for insurance. A refundable deposit may be required.
SHIPPING: All lots will be sent with UPS unless the purchaser wishes to arrange pick-up himself.
ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over 4000.00€. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11 am on the first weekday following the sale to find out if they were successful.
NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from Psaroni Auction Gallery and only the winning bidder shall remove the lot, arrange the removal or have the lot shipped to their billing address.
RISK OF LOSS: In the event, delivery cannot be made because of loss due to fire, theft, or any other reason, Psaroni Auction Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY: ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.
RIGHT OF RESCISSION: Notwithstanding the preceding conditions, if within 14 days of the receipt of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) within 14 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, printing technique, rarity, importance, provenance, exhibition, and literature of historical relevance. Although our best judgment is used in attributing photographs created prior to 1950 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
APPLICABLE LAW: These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the Kingdom of Denmark as applied to contracts entered into by residents of the Kingdom of Denmark and to be performed entirely within the Kingdom of Denmark. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the Gallery, bidders, and purchasers) consent irrevocably and exclusively to venue in the Kingdom of Denmark.
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ATTORNEY'S FEES: In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs.
PAYMENT: PayPal only. This ensures protection for both you and Psaroni Auction Gallery. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST?
PLEASE SEE THE CATALOG DESCRIPTION/ All authorship of items in this catalog are described according to the following terms:
By Helmut Newton: In our opinion, the work is by the artist.
Attributed to Helmut Newton: In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
In the manner of Helmut Newton: In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
After Helmut Newton: In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
Circle of Helmut Newton: In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
Follower of Helmut Newton: In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
American, 19th century: In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
Bears signature: In our opinion, the signature on the artwork may be spurious.
Apocryphal: Of doubtful authenticity.
BY BIDDING ON A LOT INCLUDED IN AN AUCTION HOSTED BY PSARONI AUCTION GALLERY YOU ACCEPT ALL OF THE TERMS AND CONDITIONS ABOVE.
