TERMS AND CONDITIONS SALE
TERMS AND CONDITIONS OF BUSINESS AND RULES OF AUCTION
CONDITIONS GENERALES ET REGLES DE VENTE
THIS AGREEMENT COMPLIES WITH THE PROVISIONS OF SECTION 45 OF THE CONSUMER PROTECTION ACT 68 OF 2008
POUR TOUTE QUESTION EN FRANÇAIS CONCERNANT LA VENTE, Y COMPRIS SES CONDITIONS GÉNÉRALES, MERCI DE
CONTACTER CANDICE OSENAT-BOUTET AU +33 6 73 66 47 26 OU AU +27 (060) 644 8988 OU PAR EMAIL A candice@aspireart.net
1. DEFINITIONS
1.1. The following terms shall have the meanings assigned
to them hereunder and cognate expressions shall have
corresponding meanings:
1.1.1. "Act" means the Consumer Protection Act No.
68 of 2008 ("CPA") as read with the Regulations
promulgated thereunder in the Government Gazette
No. 34180 on 1 April 2011;
1.1.2. 'Artistic work' means:
1.1.2.1. any drawing, picture, painting, collage, sculpture,
ceramic, print, engraving, lithograph, screen
print, etching, monotype, photograph, digitally
printed photograph, video, DVD, digital artwork,
installation, artist's book, tapestry, artist designed
carpet, performative artwork and any medium
recognised as such in the future;
1.1.2.2. any work of craftsmanship and/or artwork which
does not fall under 1.1.2.1 as set out in the
Copyright Act No. 78 of 1978.
1.1.3. "Aspire" means Aspire Art Auctions (Pty) Ltd
(Registration No. 2016/074025/07) incorporated
under the laws of South Africa with Principal place of
business at: Illovo Edge, Building 3, Ground Floor, 5
Harries Road, Illovo, 2196 and 2nd Floor New Media
House, 19 Bree Street, Cape Town;
1.1.4. "Auction" means any sale whereby a Lot is put up
for sale by public auction and auctioned off by Ruarc
Peffers on behalf of Aspire or such other auctioneer
employed by Aspire from time to time;
1.1.5. "Auctioneer" means Ruarc Peffers or such other
representative of Aspire conducting the Auction who
warrant these Rules of Auction comply with the Act;
1.1.6. "Bidder" means any person who makes an offer to
buy a particular Lot and includes the Buyer of any
such Lot. A bid shall be made by a person registered
to bid and in possession of an Aspire issued and
numbered bidders paddle raising that paddle or
indicating a bid in any way meant to be understood
that way by the Auctioneer;
1.1.7. "Buyer" means any Bidder who makes a bid or offer
for a Lot which has been offered for sale (whether by
Private Treaty, Auction or otherwise) and which bid or
offer has, subject to a reserve price, been accepted
by Aspire and/or the Seller;
1.1.8. "Business day" means any day other than a Saturday,
Sunday, or any other official public holiday in South
Africa;
1.1.9. "Buyer's premium" means the commission payable by
the Buyer to Aspire on the sale of a Lot at a rate of:
1.1.9.1. 12% (twelve per cent) calculated on the full
Hammer price for purchases above R20,000
(twenty thousand rand), plus VAT payable on that
amount;
1.1.9.2. 15% (fifteen per cent) calculated on the full
Hammer price for purchases below R20,000
(twenty thousand rand) plus VAT payable on that
amount;
1.1.10. "Catalogue" means any brochure, price-list,
condition report or any other publication (in
whatever medium, including electronic), published
by Aspire for the purpose of or in connection with
any Auction;
1.1.11. "Forgery" means any imitation of any artistic work
made with the intention of misrepresenting the
authorship, origin, date, age, period, culture, and/or
source of any Lot;
1.1.12. "Hammer price" means the bid or offer made by
the Buyer for any Lot that is knocked down by the
Auctioneer at a sale of that Lot;
1.1.13. "Lot" means any item or items to be offered for sale
as a unit and identified as such by Aspire for sale
by way of Auction or by Private Treaty. Each Lot is,
unless indicated to the contrary, regarded to be the
subject of a separate transaction;
1.1.14. "Parties" means the Bidder, the Buyer, the Seller
and Aspire;
1.1.15. "Prime rate" means the publicly quoted base rate of
interest (percent, per annum compounded monthly
in arrear and calculated on a 365 (three hundred
and sixty-five) day year, irrespective of whether
or not the year is a leap year) from time to time
published by Nedbank Limited, or its successor-intitle, as being its prime overdraft rate plus three
comma five percent, as certified by any manager
of such bank, whose appointment, authority and
designation need not be proved;
1.1.16. "Privacy Policy" means the privacy policy of Aspire
attached hereto marked Annexure A;
1.1.17. "Private Treaty" means the sale of any Lot at a
previously agreed upon price between the Buyer
and the Seller represented by Aspire (that is, not by
way of Auction);
1.1.18. "Purchase price" means the Hammer price plus
the Buyer's premium. In case of any Lot being
"daggered", VAT shall be calculated on the sum of
the full Hammer price plus the Buyer's premium.
Buyer's risk in all respects shall apply from the
knock down of the Auctioneer's hammer (and
acceptance of the bid [or offer in the case of Private
Treaty] if applicable). The Purchase price does not
include any transport, or insurance that may be
required by the Buyer;
1.1.19. "Recoverable expenses" includes all fees, taxes
(including VAT) and any other costs or expenses
incurred by Aspire for restoration, conservation,
framing, glass replacement and transport of any Lot
from a Seller's premises to Aspire's premises or for
any other reason whatsoever, as agreed between
Aspire and the Seller;
1.1.20. "Reserve" means the minimum Hammer price
(if any) at which a Lot may be sold at an Auction
as agreed (whether in writing or otherwise) and
in confidence between the Seller of that Lot and
Aspire. All lots are sold subject to a reserve price
unless announced otherwise;
1.1.21. "Sale" means the sale of any Lot (whether by way
of Auction, Private Treaty or otherwise) and 'sell'
and 'sold' shall have a corresponding meaning;
1.1.22. "Sale proceeds" means the amount due and
payable to the Seller for the sale of the relevant Lot,
made up of the Hammer price less the applicable
Seller's commission and all Recoverable expenses;
1.1.23. "Seller" means the person named as the Seller of
any Lot, being the person that offers the Lot for
sale;
1.1.24. "Seller's commission" means the commission
payable by the Seller to Aspire on the sale of a Lot
which is payable at a rate of:
1.1.24.1. 12% (twelve per cent) calculated on the full
Hammer price for purchases above R20,000
(twenty thousand rand) plus VAT payable on that
amount (if any);
1.1.24.2. 15% (fifteen per cent) calculated on the full
hammer price for purchases below R20,000
(twenty thousand rand) plus VAT payable on
that amount;
1.1.25. "South Africa" means the Republic of South Africa;
1.1.26. "Terms of Business" means the terms and
conditions of business and the Rules of Auction as
set out in this document;
1.1.27. "VAT" means value added tax levied in terms of the
Value Added Tax Act, 1991 as amended from time
to time and includes any similar tax which may be
enforced in place of VAT from time to time.
2. INTRODUCTION
2.1. Aspire carries on the business of fine art Auctioneers
and consultants on the Lots provided by the Sellers. As
fine art Auctioneers, Aspire generally acts in the capacity
of agent for the Seller.
2.2. Set out in this document are the terms and conditions
governing the contractual relationship between Aspire
and prospective Bidders, Buyers and Sellers. This
document must be read together with:
2.2.1. sale room notices published by Aspire pertaining to
the condition, description and/or authenticity of a
Lot; and
2.2.2. any announcement made by Aspire and/or the
Auctioneer prior to or on the proposed day of sale
of any Lot,
provided that no changes to the terms set out in a Property
Receipt Form shall be made without the prior agreement of
Aspire and the Seller.
3. LEGISLATIVE FRAMEWORK
Every Auction is to be governed by section 45 of the CPA
and the rules of Auction (the "Rules") as promulgated by the
Minister of Trade and Industry under the Regulations dated
23 April 2010 in Government Gazette No. 33818 on 1 April
2011 ("Regulations") and any further amendments and/or
variations to these Rules and Regulations.
4. GENERAL TERMS OF BUSINESS
4.1. Every bid made shall constitute an offer. Acceptance
of the highest bid made, subject to confirmation by
the Seller, shall be indicated by the knock down of the
hammer or, in the case of sale by Private Treaty, the
acceptance of the offer by Aspire or the Seller. In the
event that the highest bid does not meet the reserve, it
will remain open for acceptance by the Auctioneer or
the Seller and for no less than 48 hours after the Auction
was concluded.
4.2. In bidding for any Lots, all Bidders confirm that they have
not been induced into making any bid or offer by any
representative of the Seller and/or Aspire.
4.3. It is the sole responsibility of all prospective Buyers to
inspect and satisfy themselves prior to the Auction or
Private Treaty as to the condition of the Lot and satisfy
themselves accordingly that the Lot matches any
description given to them (whether in a Catalogue
or otherwise).
4.4. All descriptions and/or illustrations set out in a Catalogue
exist as guidance for the prospective Bidder and do not
contain conclusive information as to the colour, pattern,
precise characteristics or the damage to a particular Lot
to be sold by way of Auction or Private Treaty.
4.5. Neither Aspire nor any of its servants, employees, agents
and/or the Auctioneer shall be liable, whether directly
or indirectly, for any errors, omissions, incorrect and/or
inadequate descriptions or defects or lack of authenticity
or lack of ownership or genuineness in any goods
Auctioned and sold which are not caused by the wilful or
fraudulent conduct of any such person.
4.6. Aspire shall not be held responsible for any incorrect,
inaccurate or defective description of the goods listed
for sale in the Catalogue or in any condition report,
publication, letter, or electronic transmission or to the
attribution, origin, date, age, condition and description of
the goods sold, and shall not be responsible for any loss,
damage, consequential damages and/or patrimonial loss
of any kind or nature whatsoever and howsoever arising.
4.7. No warranty, representation or promise on any aspect
of any Lot (save for those expressly provided for by
the Seller in terms of paragraph 16), whether express,
implied or tacit is given by Aspire, its servants, its agents,
or its employees, or the Auctioneer or the Seller and
accordingly nothing shall be binding or legally enforceable
in this regard.
4.8. Any Lot which proves to be a Forgery (which will only
be the case if an expert appointed by Aspire for such
purposes confirms this in writing) may be returned by the
Buyer (as his sole remedy hereunder or at law) to Aspire
within 7 (seven) days from the date of Auction or Private
Treaty (as the case may be), in the same condition in
which it was at the time of the Auction or accompanied
by a statement of defects, the number of the Lot, and
the date of the Auction or Private Treaty at which it was
purchased. If Aspire is satisfied that the item is a Forgery and that the Buyer has and is able to transfer a good
and marketable title to the Lot, free from any third-party
claims, the sale will be set aside and any amount paid
in respect of the Lot and still in the possession of Aspire
will be refunded, subject to the express condition that
the Buyer will have no rights or claims against Aspire
(whether under these Terms of Business, at law or
otherwise) if:
4.8.1. the description in the Catalogue at the date of the sale
was in accordance with the then generally accepted
opinion of scholars and experts or fairly indicated that
there was conflict of such opinion; or
4.8.2. the only method of establishing at the date of
publication of the Catalogue that the Lot was a
Forgery was by means of a scientific process not
generally accepted for use until after publication
of the Catalogue, or by a process which was
unreasonably expensive or impractical.
4.9. Buyer's claiming (whether in contract, delict or
otherwise) under paragraph 4.8 will be limited to the
amount paid for a particular Lot and will not extend to
any loss or damage of whatsoever nature suffered, or
expense incurred by him/her including but not limited to
claims for damages, loss of profit, injury to reputation,
mental anguish and suffering etc;
4.10. The benefit of paragraph 4.8 will not be assignable and
will rest solely and exclusively with the Buyer who, for
the purpose of this condition, will be the only person
to whom the original invoice is made out by Aspire in
respect of the Lot sold.
4.11. Aspire reserves its right, to refuse admission to any
person to its premises or any other premises at which
an Auction is to be conducted. Any defaulting bidder or
buyer shall be refused access to any event or auction
conducted by Aspire and shall remain barred until their
default has been cured to the satisfaction of Aspire.
4.12. Any information pertaining to Bidders and Sellers
which has been lawfully obtained for the purposes of
the Auction and the implementation of any resultant
sale shall be kept for purposes of client administration,
marketing and as otherwise required by law. The Bidder
and the Seller agree to the retention, processing of
their personal information and the disclosure of such
information to third parties (but only in connection with
the sale of any works such as logistics and insurance)
for the aforementioned purpose. The Seller's identity
will not be disclosed for purposes other than what
is reasonably required for client administration or as
required by law. Please see the Privacy Policy for more
information on this.
4.13. Aspire has, during the course of any Auction, the sole
and absolute discretion, without having to give any
reasons therefore, to refuse any bid, withdraw or reoffer
Lots for Auction (including after the knock down of the
hammer), cancel any sale if the Auctioneer and/or Aspire
believes that there may be an error or dispute of any
nature whatsoever, and shall have the rights, as it deems
fit, to divide any Lot, to combine any two or more Lots or
to put up any Lot for Auction again.
4.14. For any notice required to be given in connection with
these Terms of Business and Rules of Auction:
4.14.1. Aspire will first attempt to make contact by
telephone, followed by email, should there be
no response, then contact will be attempted by
registered post. Any notice that effects the details
of the sale of a Lot will be agreed to between Aspire
and the Seller prior to the sale of said Lot. If, for any
reason whatsoever, Aspire is unable to make contact
with a Seller, the relevant Lot will be withdrawn from
the sale;
4.14.2. if given by Aspire, shall be delivered by hand, sent by
registered post or by email to the address provided
to Aspire by the relevant addressee as being the
domicilium citandi et executandi of that addressee.
Notice shall be deemed to have been received by the
person who is required to receive such notice:
4.14.2.1. on the date of delivery, if delivered by hand or
email;
4.14.2.2. on the fourth (4th) day from the date of posting,
including the date of posting if posted by prepaid
registered post from within South Africa, which
postage shall be deemed to have been sent on
receipt of the post office proof of posting.
4.14.3. if given to Aspire, such written notification must be
given to Aspire at its email address as published by
Aspire from time to time, whether on any brochure,
catalogue or its website.
4.15. The Seller submits to the non-exclusive jurisdiction of
the South African courts. Each Auction and Private
Treaty shall be governed in accordance with the laws
of South Africa.
4.16. In the event that any provision of these Terms of
Business is found by a court of competent jurisdiction
to be unenforceable and of no effect, the remaining
provisions of these Terms and Conditions shall not be
affected by that determination and shall remain binding
and of full force and effect.
4.17. The Buyer and/or Seller, as the case may be, hereby
pledge(s) the goods either sold and/or bought as
security to Aspire for all amounts which are owing to
Aspire.
4.18. Should any Party delay or not exercise their rights it
shall not constitute a waiver of such rights or power.
If a Party exercises their right or power, it shall not
preclude such party from exercising any other right or
power which they may have.
4.19. No variation, alteration, consensual termination,
representation, condition, term or warranty, relaxation
or waiver or release by Aspire, or estoppel against
Aspire, or the suspension by Aspire, in respect of these
Terms of Business, or any part thereof, shall be of any
force or effect unless reduced to writing and signed by
Aspire and the Buyer.
4.20. These Terms of Business and Rules of Auction
constitute the entire agreement between the Parties.
4.21. The Buyer shall be responsible for the payment of the
Seller's and Aspire's legal costs, calculated on the scale
as between attorney and own client incurred by the
Seller and Aspire in enforcing any of its rights or those
of its principal whether such rights are exercised by
way of legal proceedings or otherwise.
4.22. No Party shall be in breach of contract or liable for any
loss of profit or special damages or damage suffered
as a result of a force majeure or any other event which
falls outside of the Parties' reasonable control. Notice
must be given to all Parties if such an event occurs in
order to enable the defaulting Party to remedy their
performance. The occurrence of the aforementioned
events will not excuse a Party from paying any
outstanding amounts owed to any of the other Parties.
5. TERMS RELATING TO THE BUYERS
5.1. Any Buyer and/or Bidders must register his/her identity
with Aspire before the commencement of an Auction
in accordance with Chapter 1 (one) of the regulations
in terms of the Financial Intelligence Centre Act, 2011,
which requires the establishment and verification of
identity published in Notice No. R. 1595 in Gazette No.
24176 of 20 December 2002. The documents required
will include Identity Document or Passport and Proof of
Residence.
5.2. Upon registration by the Bidder, the Bidder must
acknowledge that they are aware of and agree to be
bound by these Terms of Business. All Bidders shall be
personally liable for their bids and offers made during
any Auction and shall be jointly and severally liable with
their principals if acting as agent.
5.3. Any person acting on behalf of a Bidder or Buyer may
be required to produce evidence of his/her authority to
so act and in a manner that is satisfactory to Aspire in
its discretion.
5.4 A Lot shall be sold to the highest bidder (regardless of
the perceived or actual value of the Lot) but subject to
the reserve or the consent of the Seller if the reserve
has not been met.
5.5 No bid may be made for an amount which is lower than
the fixed value set by the Auctioneer and any bid may
be withdrawn prior to the hammer being struck down.
It is the Auctioneer's discretion to accept or reject a bid
that is lower than the standardised incremental amount
set by the Auctioneer. The Auctioneer may refuse any
bid which does not exceed the previous bid by at least
5% (five per cent) or any such percentage which in the
opinion of the Auctioneer is required.
5.6 Any dispute which should arise regarding the validity of
the bid, the identity of the Bidder or between more than
one Bidder, shall be resolved at the sole discretion of
the Auctioneer.
5.7 Each Bidder is deemed to be acting in their capacity as
principal unless Aspire has acknowledged otherwise
in writing prior to the commencement of the Auction
and the Bidder bidding for another shall be required to
produce a letter authorising the Bidder to represent him
and the Identity Documents of both persons.
5.8. All Bidders are encouraged to attend any Auction where
a Lot is to be sold by Auction. Aspire will endeavour to
execute any absentee, written bids and/or telephone
bids, provided they are, in Aspire's absolute discretion,
received in sufficient time and in legible form as
required under these Terms of Business.
5.9 Any bids placed by telephone before an Auction are
accepted at the sender's risk and must, if requested
by Aspire, be confirmed in writing to Aspire before
the commencement of the Auction. Any person who
wishes to bid by telephone during the course of an
Auction must make arrangements with Aspire at least
24 (twenty-four) hours before the commencement of
the Auction. Aspire shall not be held liable for any
communication breakdown or any losses arising thereof.
The Buyer consents that any bidding may be recorded
at the discretion of Aspire and consents to these Terms
of Business.
5.10.The Buyer must make payment in full and collect the
purchased Lot immediately after completion of the
Auction and no later than 48 (forty-eight) hours after
completion of the Auction. On hand over of the Lot to
the Buyer (or his representative), the full risk and title
(subject to payment in full having been made first) over
that Lot shall pass to the Buyer, who shall henceforth
be responsible for any loss of and/or damage to and/
or decrease in value of any Lots purchased at the
Auction or at a Private Treaty sale. Any Lot not collected
immediately after the Auction will remain insured for 48
(forty-eight) hours after completion of the Auction. The
Seller must be paid in full and the funds cleared before
the Lot is handed over to the Buyer.
5.11. If the Buyer has not made payment within 1 (one) week
of the Auction Aspire reserves the right to cancel the
Sale and to claim damages from the Buyer including but
not limited to the Buyers and Sellers premium, storage
and insurance costs and the costs of conducting the
auction which are estimated at one million rand per
auction.
5.12. The collection of any Lot by a third party on behalf of
a Buyer must be agreed with Aspire not later than the
close of business on the day following the relevant
Auction.
6. EXCLUSION OF LIABILITY TO BUYERS
OR SELLERS
6.1. No Buyer or Seller shall be entitled to cede, delegate
and/or assign all or any of their rights, obligations and/
or interests to any third party without the prior written
consent of Aspire in terms of these Terms of Business.
6.2. The Buyer accepts that neither Aspire nor the Seller:
6.2.1. shall be liable for any omissions, errors or
misrepresentations in any information (whether
written or otherwise and whether provided in a
Catalogue or otherwise) provided to Bidders, or for
any acts and/or omissions in connection with the
conduct of any Auction or for any matter relating to
the sale of any Lot, including when caused by the
negligence of the Seller, Aspire, their respective
employees and/ or agents;
6.2.2. gives any guarantee or warranty to Bidders other
than those expressly set out in these Terms of
Business and any implied conditions, guarantees and
warranties are excluded; and
6.2.3. without prejudice to any other provision of these
general Terms of Business, any claim against Aspire
and/or the seller of a Lot by a Bidder shall be limited
to the Hammer price of the relevant Lot. Neither
Aspire nor the Seller shall be liable for any loss of
profit, indirect or consequential losses.
6.3. A purchased Lot shall be at the Buyer's risk in all respects
from the knock down of the Auctioneer's hammer
(and acceptance of the bid if applicable), whether or
not payment has been made, and neither Aspire nor
the Seller shall thereafter be liable for, and the Buyer
indemnifies Aspire against, any loss or damage of any
kind, including as a result of the negligence of Aspire
and/or its employees or agents.
6.4. All Buyers are advised to arrange for their own insurance
cover for purchased Lots unless agreed otherwise in
writing.
6.5. Aspire does not accept any responsibility for any Lots
damaged by insect infestation, changes in atmospheric
conditions or other conditions outside its control
(including damage arising as a result of reasonable wear
and tear). Aspire will be responsible for the replacement
or repair costs for any frame and glass breakages
resulting from the wilful or negligent conduct of any of
Aspire's servants and agents.
7. GENERAL CONDUCT OF THE AUCTION
7.1. The Auctioneer remains in control of the Auction and
has the absolute discretion to either withdraw or reoffer
any Lots for sale, to accept and refuse bids and/or to
reopen the bidding on any Lots should he/she believe
there may be a dispute of whatever nature (including
without limitation a dispute about the validity of any bid, or
whether a bid has been made, and whether between two
or more bidders or between the Auctioneer and any one or
more bidders) or error of whatever nature, and may further
take such other action as he/she deems necessary or
appropriate. The Auctioneer shall commence and advance
the bidding or offers for any Lot in such increments as he/
she considers appropriate.
7.2. The Auction is to take place at the stipulated time and no
delay shall be permitted to benefit a specific person who
is not present but should be present at the Auction.
7.3. The Auctioneer shall be entitled to bid on behalf of the
Seller of any lot, up to but not equal to or more than the
Reserve, where applicable.
7.4. A contract shall be concluded between the Buyer and
Seller once the Auctioneer knocks down the hammer
and this shall be the Hammer price accepted by the
Auctioneer (after the determination of any dispute that
may exist and subject to the Seller's consent if the reserve
price was not achieved). The benefits flowing from this
agreement constitute a stipulatio alteri for the benefit
of Aspire, which benefits Aspire hereby accepts. Aspire
shall not be liable for any breach of the agreement by
either the Seller or the Buyer.
8. IMPORT, EXPORT, COPYRIGHT
RESTRICTIONS, LICENSES AND
QUALITY OF THE GOODS SOLD
8.1. Aspire and the Seller, save for those expressly set out
in paragraph 16 of these Terms of Business, make no
representation or warranties whether express, implied or
tacit pertaining to the authenticity, quality, genuineness,
condition, value, origin, ownership of any goods or
whether express, implied or tacit as to whether any
Lot is subject to import, export, copyright and licence
restrictions. It is the sole responsibility of the Buyer
to ensure that they acquire the relevant export, import
licenses or copyright licenses prior to exporting or
importing any Lots.
8.2. Aspire does not in any way undertake to ensure that the
Buyer procures the necessary permits required under
law, nor are they responsible for any costs incurred in
obtaining a license (whether an application for such
license was approved or not).
8.3. All Lots which incorporate any material originating
from an endangered and/or protected species
(including but not limited to ivory and bone) will be
marked by a symbol in the description of the Lot in
the Catalogue. Aspire does not accept responsibility
for a failure to include these marks on the Lots. Any
prospective Buyer is to ensure that they received the
necessary permission from the relevant regulatory
agents, specifically when importing and/or exporting
the Lot. A Buyer will be required to acquire a permit
from the Department of Nature Conservation prior to
exporting the Lot as well as any other export license
which may be required by law, including the licences
required under the Convention of the International
Trade in Endangered Species ("CITES"). Failure to
obtain such permits shall not constitute a ground for
the cancellation of the sale or the non-payment of any
amounts due in terms hereof.
9. ABSENTEE BIDS
9.1. Absentee bids are a service provided by Aspire upon the
request of the Buyers. Aspire shall in no way be liable
for any errors or omissions in such bidding process. The
Purchase price of the Lots will be processed in the same
manner as it would be in other bids.
9.2. Where two or more Buyers provide identical bids, the
earliest will take precedence. When absentee bids occur
by telephone they are accepted at the Buyer's risk and
must be confirmed prior to the sale by letter or e-mail
to Aspire.
9.3. All absentee bids shall be registered with Aspire in
accordance with Aspire's procedures and requirements
not less than 24 (twenty-four) hours before the Auction
and/or the Private Treaty sale. Aspire reserves its right
to receive, accept and/or reject any absentee bids if the
aforementioned time period has not been satisfied.
9.4. An absentee bidder must register his/her identity in the
same way that any other would be required to under
these Terms of Business.
10. RESCISSION OF SALE
Notwithstanding the provisions above, if, within 7 (seven)
days after the relevant Auction or Private Treaty sale, the
Buyer makes a claim to rescind the sale due to Forgery and
Aspire is satisfied that the claim is justified, Aspire reserves
the right to rescind the sale and refund the Buyer any
amounts paid to Aspire and still held by Aspire in respect of
that sale and the Seller hereby specifically authorises Aspire
to do so.
11. PAYMENT AND COLLECTION
11.1. The Buyer acknowledges that Aspire acting in its
capacity as agent for the Seller of a particular Lot:
11.1.1. That a Buyer's premium shall be payable to Aspire
on the sale of each Lot;
11.1.2. VAT may be payable on the full Hammer price and
the Buyer's premium, if the Seller is a registered VAT
vendor;
11.1.3. Aspire shall also be entitled to a Seller's
commission and/or any other agreed fees for that
Lot.
11.2. Upon the knock down of the hammer and acceptance
of the price by the Auctioneer (subject to any reserve),
the Buyer shall, before delivery of the Lot, pay Aspire
the Purchase price immediately after the Lot is sold and
should Aspire require, the Buyer shall provide it with
their necessary registration details, proof of identity
and any further information which Aspire may require.
11.3. All foreign Buyers are required to make arrangement
with their banks prior to the Auction date regarding
Forex funds as Aspire will only accept payment in South
African Rands. Any expenses incurred thereof shall be
at the cost of the Buyer.
11.4. The Buyer shall make payment in full to Aspire for
all amounts due and payable to Aspire (including the
Purchase price of each Lot bought by that Buyer) on
completion of the sale but within 48 hours of the date
of sale (or on such other date as Aspire and the Buyer
may agree upon in writing) in cash, electronic funds
transfer ("EFT"), or such other payment method as
Aspire may be willing to accept. Any cheque and/or
credit card payments must be arranged with Aspire
prior to commencement of the Auction. All credit card
purchases are to be settled in full on the date of sale
and shall be subject to an administrative merchant fee
of 5% of the hammer price plus Buyers Premium plus
any vat on such amounts.
11.5. Ownership of a Lot shall not pass to the buyer thereof
until Aspire has received settlement of the Purchase
price of the respective Lot in full and the funds have
cleared. Aspire shall not be obliged to release a Lot
to the Buyer prior to receipt in full payment thereof.
However, should Aspire agree to release a Lot to the
Buyer prior to payment of the full Purchase price,
ownership of such Lot shall not pass to the Buyer but
shall remain strictly and unconditionally reserved for
the Seller, nor shall the Buyer's obligations to pay the
Purchase price be impacted, until such receipt by Aspire
of the full Purchase price in cleared funds.
11.6. The refusal of any approval, licence, consent, permit
or clearance as required by law shall not affect the
Buyer's obligation to pay for the Lot and any Buyers
Premium.
11.7. Any payments made by a Buyer to Aspire may be
applied by Aspire towards any amounts owing by
the Buyer to Aspire on any account whatsoever and
without regard to any directions of the Buyer or his
agent. The Buyer shall be and remain responsible
for any removal, storage, or other charges for any
Lot and must at his own expense ensure that the Lot
purchased is immediately removed after the Auction
but not until payment of the total amount due to
Aspire. All risk of loss or damage to the purchased
Lot shall be borne by the Buyer from the moment
when the Lot is handed over to the Buyer. Neither
Aspire nor its servants or agents shall accordingly
be responsible for any loss or damage of any kind,
whether caused by negligence or otherwise, from
date of the sale of the Lot, whilst the Lot is in their
possession or control.
11.8. All packaging and handling of Lots is at the Buyer's
risk and expense, will have to be attended to by the
Buyer, and Aspire shall not be liable for any acts or
omissions of any packers or shippers.
11.9. If the sale of any Lot is rescinded, set aside or
cancelled by a lawful action of the Buyer, and Aspire
has accounted to the Seller for the sale proceeds, the
Seller shall immediately refund the full sale proceeds
to Aspire, who will in turn refund the Purchase price to
the Buyer. If there is no sale, there is no commission
payable save and except if the sale is cancelled as a
result of a breach of either Seller or Buyer. However,
if there are Recoverable expenses which have been
incurred by Aspire, then the Seller will remain liable to
pay these expenses to Aspire.
11.10. Any Lot which has been paid for in full but remains
uncollected after 30 (thirty) days of the Auction,
following written notice to the Buyer, the Lot then
becomes the property of Aspire. Aspire may then
resell this property at the best price it can obtain from
a willing and able Buyer. If Aspire resells this property
it may deduct any expenses incurred in keeping
this property from the proceeds of sale after having
deducted its commission. Any shortfall arising from
the resale shall be at the cost of the Buyer.
11.11. No credit shall be granted to the Buyer without prior
written consent from Aspire. Ownership of the Lot
shall not pass until such time as the full Purchase
price is paid along with any VAT thereon and any other
necessary amounts including but not limited to Buyers
Premium.
12. OWNERSHIP
12.1. Until such time that the total Purchase price and any
Buyers Premium plus vat has been paid and hand over
has taken place, ownership of the purchased goods
shall vest with the Seller.
12.2. The collection of the goods/Lots shall be done by the
Buyer at their own cost immediately after the Auction
has taken place, unless otherwise agreed upon in writing
between the Buyer and Aspire. The Buyer shall ensure
that any third parties attending to collection for the Buyer
have been properly authorised in writing to attend to such
collections.
12.3. Aspire shall not provide any assistance of any nature
whatsoever to the Buyer in removing the goods from
the premises of Aspire upon the completion of the
Auction. However, should Aspire choose to assist with
the removal then any Aspire employee or servant shall
be deemed to be agents of the Buyer and Aspire shall
not be liable for any damage incurred as a result of
removing the goods from the premises.
13. BREACH BY THE BUYER
13.1. In the event that the Buyer breaches any provision of
these Terms of Business, fails to make payment of the
full Purchase price, Buyers Premium or fails to collect
the goods bought as provided for in these Terms of
Business, Aspire in exercising its discretion and as
agent for the Seller will, without any prejudice to any
other rights it may have in law, be entitled to exercise
one or more of the following remedies set out below.
Aspire may:
13.1.1. institute proceedings against the Buyer for any nonpayment and/or any damages incurred as a result
of the breach of contract;
13.1.2. cancel the sale of that Lot or any other Lots sold to
the defaulting Buyer at the same time or at any other
Auction;
13.1.3. resell the Lot or do any such thing that would cause
it to be resold by Auction or Private Treaty sale;
13.1.4. remove, store and insure the goods at the sole
expense of the defaulting Buyer and if such goods are
stored either at Aspire's premises or any other place
as Aspire may require such goods to be stored at, the
Buyer shall be responsible for all charges associated
therewith;
13.1.5. retain any Lot sold to the same Buyer at the same
time, or at any other Auction and only allow the
Buyer to take delivery of such goods after all
amounts due, owing and payable have been paid
by the Buyer to Aspire in terms of these Terms of
Business, including interest, storage charges and
any other charges;
13.1.6. reject any bid made by or on behalf of the defaulting
Buyer at any future Auction;
13.1.7. exercise a right of retention over the goods sold and
not to release such goods to the Buyer until such
time as full payment has been made to Aspire in
accordance with these Terms of Business. For such
purpose and in so far as ownership of the Lots may have passed to Aspire, the Buyer hereby pledges
such goods to Aspire as security for Aspire's claim.
13.1.8. charge a reasonable rental fee for each day that the
item is stored by Aspire from the date of Auction
until the time of collection.
13.1.9. charge interest at a rate of the prime rate plus
3% (three per cent) per month on any outstanding
amounts from the date of Auction.
13.1.10. charge the Buyer the full costs of conducting the
auction which is estimated at one million rand with a
breakdown available on request.
13.2. In the event that Aspire resells any Lot at a subsequent
Auction as a result of Aspire exercising their remedy
referred to in paragraph 13.1.3 above, the Buyer shall
be liable for any loss (if any), should the Lot be resold
at an amount lower than the amount for which the
Buyer purchased it. The loss shall be calculated as the
difference between the resale price and the original
price. Aspire shall be entitled to earn commission on
any subsequent sale of the same work irrespective of
how many times it is sold by them.
14. TERMS RELATING TO THE SELLER
14.1. As per the Seller's irrevocable instruction, Aspire is
instructed to sell at an Auction all objects submitted for
sale by the Seller and accepted by Aspire and to sell the
same to the relevant Buyer of the Lot of which those
objects form part, provided that the bid or offer accepted
from that Buyer is equal to or higher than the Reserve (if
any) on that Lot (subject always to paragraph 14.4), all
on the basis set out in these Terms of Business.
14.2. The Seller also irrevocably consents to Aspire's ability to
bid for any Lot of which any of those objects form part as
agent for one or more intending Buyers.
14.3. Aspire is authorised to retain any objects not sold on
Auction for a period of 14 (fourteen) days after the Auction
for the possible sale of such objects by Aspire by way of
Private Treaty or otherwise pursuant to paragraph 14.4.
14.4. Aspire is authorised to offer for sale either by Private
Treaty or otherwise, without further instruction or
notification to the Seller, within 14 (fourteen) days after
the Auction, all or any remaining objects submitted for
sale by the Seller and received and accepted by Aspire
in accordance with paragraph 14.1, which objects were
not sold on Auction. The bid accepted on these items
must not be less than the amount that the Seller would
have received, had that Lot been sold on Auction at
the Reserve (if any) on that Lot taking into account the
deduction of the applicable Seller's commission and
Recoverable expenses for which the Seller is liable.
14.5. Both Aspire and the Auctioneer each have the right, to
offer an object referred to above for sale under a Lot, to
refuse any bid or offer, to divide any Lot, to combine two or
more Lots with the prior approval of the relevant Seller(s),
to withdraw any Lot from an Auction, to determine
the description of Lots (whether in any Catalogue or
otherwise), to store accepted objects at the Auction
premises or any other location as he/she may deem fit and
whether or not to seek the opinion of experts.
14.6. Aspire shall not be under any obligation to disclose
the name of the Buyer to the Seller, save for the
circumstances contemplated elsewhere in these Terms
of Business or otherwise required by law
15. ESTIMATION OF SELLING PRICE AND
DESCRIPTION OF GOODS
15.1. Any estimation given by Aspire is an opinion and
cannot be relied on as a true reflection of what the final
Hammer price will be on the date of the sale and as such
is never guaranteed. Aspire has the right to change any
estimations at any point in time in agreement with the
Seller recorded on the relevant Property Receipt Form.
15.2. The Seller hereby agrees that Aspire may fully rely on
any description of the goods or Lots provided to them by
the Seller or his agent.
15.3. Aspire shall not be held liable for any error,
misstatement or omission in the description of the
goods/Lots whether in the Catalogue or otherwise
unless such error, misstatement, omission is a direct
result of the intentional, misleading and deceptive
conduct of Aspire's employees and/or agents.
16. WARRANTIES AND INDEMNITIES
PROVIDED FOR BY THE SELLER
16.1. The Seller hereby warrants to Aspire and the Buyer that:
16.1.1. he/she is the lawful owner of the objects put up
for sale or Auction and is authorised to offer such
objects up for sale at an Auction;
16.1.2. he/she is legally entitled to transfer title to all such
objects and that they will be transferred free of any
encumbrances of third-party claims; and
16.1.3. he/she has complied with all requirements
necessary, legal or otherwise, for the import (if
importing is applicable to the sale) and has notified
Aspire in writing of any third parties who have
failed to comply with the aforesaid requirements
in the past;
16.1.4. the place of origin of the Lot is accurate.
16.1.5. the object forming part of the Lot is capable of
being used for the purpose to which it was made
and has no defects which are not apparent from
any external inspections and that he/she is in
possession of any valid approval, license, consent,
permit or clearance required by law for the sale of
any Lot.
16.2. The Seller hereby indemnifies and shall keep Aspire
and the Buyer indemnified against any loss or damage
suffered by either party as a result of any breach of any
warranty in these Terms of Business.
16.3. The Seller hereby agrees that Aspire may decline to
sell any object submitted for sale, irrespective of any
previous acceptance by Aspire to sell it, for any reason
deemed reasonable and appropriate in its discretion.
17. COMMISSION
Subject to the Terms of Business set out in paragraph 17.3
17.1. Any applicable Seller's commission in respect of each
Lot (comprising one or more objects) shall be payable to
Aspire by the Seller.
17.2. Any applicable Buyer's premium in respect of each Lot
(comprising one or more objects) shall be payable to
Aspire by the Buyer;
17.3. Notwithstanding the authority provided for by the Seller
to Aspire to deduct any of the Seller's commission and
any Recoverable expenses (as agreed to by the Seller)
for which the Seller is liable from the Hammer price,
the Seller shall still be liable for the payment of the
Seller's commission and any Recoverable expenses.
17.4. Notwithstanding the authority provided for by the Buyer
to Aspire to deduct any of the Buyer's premium and any
Recoverable expenses (as agreed to by the Seller) for
which the Buyer is liable from the Hammer price, the
Buyer shall still be liable for the payment of the Buyer's
premium and any Recoverable expenses.
17.5. Aspire reserves the right to deduct and retain the
Seller's commission prior to the sale proceeds being
handed over to the Seller, from the amount paid by the
Buyer upon receipt of the full Purchase price, or any
part thereof.
17.6. Aspire reserves the right to deduct and retain the
Buyer's premium prior to the Purchase price being
handed over to the Seller from the Purchase price paid
by the Buyer.
18. RESERVES
18.1. All Lots are to be sold with a Reserve, unless otherwise
agreed upon between Aspire and Seller in writing prior
to the date of Auction. Any changes to a Reserve will
require the prior consent of Aspire and the Seller. The
Seller acknowledges that unless a reserve is set, Aspire
shall not be entitled to bid on behalf of the Seller to
protect the integrity of the value of any work being
auctioned.
18.2. Where the Auctioneer is of the opinion that the Seller
or any person acting as agent of the Seller, has made a
bid on the Lot and above a Reserve that existed on such
Lot, they may knock down the Lot to the Seller. The
Seller will then be required to pay all expenses which
the Buyer is liable for and any expenses which the
Seller is liable for along with the Seller's commission
to Aspire.
18.3. In the event that a Reserve exists on a particular Lot,
Aspire may sell such Lot at a Hammer price below the
Reserve, on the condition that the Seller receives the
amount they would have been entitled to, had the sale
been concluded at the Reserve. Aspire reserves the
right to adjust the Seller's commission accordingly in
order to allow the Seller to receive the amount payable
had the Lot been sold at the Reserve.
18.4. Where a Reserve on a Lot does not exist, Aspire shall
not be liable for the difference between the Purchase
price and the estimated selling range.
19. INSURANCE
19.1. Aspire undertakes to insure all objects to be sold as
part of any Lot, at its own expense, unless otherwise
agreed to in writing, or otherwise, between the Seller
and Aspire. Aspire may, at its discretion, insure any
property which is placed under their control for any
other purpose for the duration of the time that such
property remains on their premises, under their control
or in any storage facility elected by them.
19.2. In the event that Aspire is instructed to not insure any
property, the Seller shall bear the cost and risk at all
times. The Seller also agrees to:
19.2.1. indemnify Aspire for any claims brought against
Aspire and/or the Seller for any damage or loss to the
Lot, however it may arise. Aspire shall be reimbursed
by the Seller for any costs incurred as a result thereof;
and
19.2.2. notify the insurer of the existence of the indemnities
set out herein.
19.3. The Seller is obliged to collect their unsold property
within 30 calendar days after the Auction. Should
any property not be collected within this time Aspire
reserves the right to discontinue the insurance cover.
20. PAYMENT IN RESPECT OF THE SALE
PROCEEDS
The proceeds of sale shall be paid as follows:
20.1. Aspire shall make payment to the Seller not later than
20 (twenty) working days after the date of the Auction
provided that full cleared payment of the Purchase price
for said Lot has been received from the Buyer by Aspire.
20.2. If the Buyer fails to pay the full Purchase price within
the allocated time set out in paragraph 11.2, Aspire
shall
notify the Seller in writing and request instruction on how to
proceed. Aspire may at its discretion, decide to assist the
Seller with the recovery of any outstanding amount from the
Buyer.
20.3. The Seller hereby authorises Aspire to proceed:
20.3.1. to agree to the terms of payment on any outstanding
amount;
20.3.2. to remove, store and insure the Lot which has been
sold;
20.3.3. to settle any claim by or against the Buyer on such
terms as Aspire deems fit and do all such things
necessary to collect from the Buyer any outstanding
amounts due to the Seller;
20.3.4. to rescind the sale and refund these amounts to the
Buyer;
20.3.5. where Aspire pays the Sale proceeds to the Seller
prior to receipt of the full Purchase price then
ownership shall pass to Aspire;
20.3.6. to obtain a refund from the Seller where the sale of
a Lot has been set aside, or cancelled by the Buyer
in terms of paragraph 10 above and Aspire has paid
the sale proceeds to the Seller. In such instance,
the Seller shall be required to refund the full sale
proceeds to Aspire, who will then in turn refund the
Buyer. Aspire will then make the Lot available for
collection to the Seller; and
20.3.7. that any annulment, rescission, cancellation or
nullification of the sale in terms of paragraph 10
above shall not extinguish the Seller's obligation to
pay the commission to Aspire and/or to reimburse
any expenses incurred by Aspire in respect of this.
21. WITHDRAWAL FEES
Written notice must be given to Aspire 7 (seven) days prior to
the Auction, where a Seller decides to withdraw a Lot from
Auction. Aspire reserves the right to convert any Seller's
commission and Buyer's premium payable on this Lot, as well
as any Recoverable expenses, photography costs, advertising
and marketing costs, or any other expenses incurred on a Lot,
into withdrawal fees. The amount of this withdrawal fee
shall be determined based on the mid-estimate of the selling
price of the objects comprising the Lot along with any VAT
and expenses incurred thereon given by Aspire.
22. PHOTOGRAPHY AND
ILLUSTRATIONS
Aspire reserves the right to photograph or otherwise
reproduce the images of any Lot put on offer by the Seller for
sale and to use such photographs and illustrations as they
deem necessary. Aspire undertakes to ensure compliance
with the relevant Copyright laws applicable in their dealings
with any and all Lots put up for sale.
23. LOTS WHICH HAVE NOT BEEN SOLD
23.1. Subject to paragraph 14.4 above, upon the receipt of
notice from Aspire of any unsold Lots, the Seller agrees
to collect any such Lots no later than the 30th (thirtieth)
day after receipt of such notice. The Seller must make
further arrangement to either have the Lot resold or
collect it and pay all agreed Recoverable expenses for
which they are liable.
23.2. The Seller shall be liable for all costs, whether it be
for storage, transport or otherwise as a result of their
failure to collect the Lot.
23.3. If after 3 (three) months of notice being sent to the Seller,
Aspire will proceed to sell the Lot by Private Treaty or
public Auction on the terms and conditions that they
deem fit, without Reserve and Aspire shall be able
to deduct from the Hammer price all amounts owing
to them including (but not limited to) any storage or
transport expenses, any reduced commission from the
Auction as well as any other reasonable expenses before
the balance is paid over to the Seller. If Aspire is unable
to locate the Seller, Aspire shall open a bank account in
which Aspire will hold on behalf of the Seller the amount
due to the Seller.
23.4. Aspire reserves the right to charge commission on the
Purchase price and any expenses incurred in respect of
any unsold Lots.
24. AMENDMENT OF THESE TERMS
AND CONDITIONS
24.1. Aspire may, at any time and from time to time, in its
sole discretion, amend, cancel or rescind any provision
of these Terms of Business by publication of any such
amended Terms of Business (whether on its website or
by any other means whatsoever).
24.2. No amendment in terms of paragraph 24.1 above shall
be binding on any Party to any Sale which has been
entered into as at the date of that amendment unless
agreed to by the relevant Parties in terms of paragraph
24.3.
24.3. No:
24.3.1. amendment or consensual cancellation of these
Terms of Business or any provision or term hereof;
24.3.2. agreement, bill of exchange or other document
issued or executed pursuant to or in terms of these
Terms of Business (including, without limitation,
any valuation, estimate or reserve issued in terms
hereof);
24.3.3. settlement of any dispute arising under these Terms
of Business;
24.3.4. extension of time, waiver or relaxation or
suspension of or agreement not to enforce or to
suspend or postpone the enforcement of any of the
provisions or terms of these Terms of Business or of
any agreement, bill of exchange or other document
issued pursuant to or in terms of these Terms of
Business,
shall be binding on any Party to any Sale concluded in terms
of these Terms of Business unless agreed to by the Parties to
that Sale (whether that agreement is recorded in writing or
otherwise).
ANNEXURE A - PRIVACY POLICY
PRIVACY POLICY AND THE PROTECTION
OF PERSONAL INFORMATION ACT NO.
4 OF 2013
Terms defined in the Terms of Business shall bear the same
meaning when used in this Privacy Policy.
1. INFORMATION ASPIRE MAY COLLECT
AND PROCESS
1.1. Aspire may use and store the following:
1.1.1. any information received, whether it be from the
completion of online forms for registration purposes or
otherwise, from any Bidder, Buyer or Seller (including
documents filled out in person by any Bidder, Buyer or
Seller);
1.1.2. information required to send out marketing material;
1.1.3. any data received from the making of a bid or the
posting of any material to Aspire;
1.1.4. any information received from correspondence
between Aspire and any Bidder, Buyer or Seller,
whether it be by e-mail or otherwise;
1.1.5. information received for the purpose of research,
including by conducting surveys;
1.1.6. information received from telephone
communications, in person or otherwise in carrying
out any transaction and/or Auction;
1.1.7. general information from the receipt of any hard
copy documents in respect of the date of birth, name,
address, occupation, interests, credit information
(if required by Aspire) and any further personal
information of any Bidder, Buyer or Seller obtained by
Aspire during the course of conducting its business;
1.1.8. details received from the completion of any contract
of sale between Aspire, the Bidder, Buyer and/or
Seller;
1.1.9. details from the visits made to Aspire's website and
any resources/information accessed therein;
1.2. the aforesaid data shall not be supplied and distributed
to any third person without the consent of the relevant
Bidder, Buyer or Seller unless such supply or distribution
is required under law or is reasonably necessary for
Aspire to ensure performance of any and all of their
obligations under the Terms of Business. Therefore,
Aspire shall only use the data collected for internal
purposes;
1.3. personal information, whether private or public, shall
not be sold, exchanged, transferred, or provided to any
other company for any reason whatsoever without the
relevant Bidder, Buyer or Seller's consent, other than for
the express purpose of effecting the collection of any
purchased Lot. This will not include trusted third parties,
who assist Aspire in operating the website, conducting
business or servicing the website. All such persons
agree to keep the aforesaid personal information
confidential; and
1.4. the release of any relevant Bidder, Buyer or Seller's
personal information if any shall be done only in
circumstances which Aspire deems fit and necessary to
comply with the law or enforce its Terms of Business
and/or to protect third parties' rights, property or safety.
2. ONLINE INFORMATION PROCESSED
BY ASPIRE
2.1. Aspire may collect and store information relating to a
Bidder, Buyer or Seller's ("User") computer, including its
IP address, operating system and browser type, in order
to assist Aspire with their systems administration from
the use of the website and previous transactions with
them:
2.2. Cookies (a text file stored on the website's servers) may
be placed on Aspire's website to collect the information
from each User pursuant to:
2.2.1. incorporating each User's preference and
customising the website, business accordingly;
2.2.2. improving customer services;
2.2.3. the acceleration of searches;
2.2.4. automatically storing information relating to the
most visited links;
2.2.5. sending updated marketing information (where the
User has consented to the receipt thereof).
A User has the option to not accept cookies by selecting such
option on his/her browser. If a User does so, it may restrict
the use of certain links on the website. The sole purpose of
the aforesaid cookies is to collect information about Aspire's
website and not gather any personal information of the User.
3. STORAGE OF PERSONAL INFORMATION
3.1. Aspire shall do all such things reasonably necessary
to ensure that the security and privacy of all personal
information received, is upheld - whether it be from a
bid made, a Lot which is purchased or where personal
information is stored, recalled or accessed from
Aspire's servers and/or offices. This will include the
implementation of measures creating an electronic firewall
system, regular virus scanning mechanisms, security
patches, vulnerability testing, regular backups, security
checks and recovery mechanisms and any other such
mechanisms that is reasonably necessary to ensure the
protection of personal information.
3.2. Aspire shall ensure that all employees are sufficiently
trained in the use of Aspire's systems to ensure that
the protection of all databases containing any personal
information is maintained.
3.3. Any information relating to, but not limited to, any personal
information, account details and personal addresses
of any Bidder, Buyer or Seller shall be encrypted and
only accessible by limited authorised personnel and
stored either on an electronic server or in a safe area
on the premises of Aspire. Each individual with such
authorisation shall ensure that all personal information
remains confidential and is protected in the manner
contemplated in this Privacy Policy.
3.4. After the sale of a Lot, any credit card and EFT details shall
not be stored by Aspire.
3.5. Aspire does not send out e-mails requesting the account
details of any Bidder, Buyer or Seller. Aspire shall not be
liable for any loss suffered as a result of any fraudulent
e-mails sent to any Bidder, Buyer or Seller by any third
parties or related fraudulent practices by third parties
(including the unauthorised use of Aspire's trademarks and
brand names) in order to mislead any prospective Bidder,
Buyer or Seller into believing that such third party
is affiliated with Aspire; and
3.6. Aspire may send out e-mails in respect of payment for any
registration fees (if applicable) and/ or payment with respect
to the purchase of a particular Lot placed on Auction.
4. AMENDMENTS TO THE PRIVACY
POLICY
4.1. Aspire may, from time to time, in its sole discretion, amend,
cancel or rescind any provision of this Privacy Policy by
publication of any such amended version (whether on
its website or by any other means whatsoever). It is the
responsibility of any Bidder, Buyer or Seller to ensure that
they are aware, understand and accept these changes
before conducting business with Aspire.
5. THIRD PARTY WEBSITES
Any links on the website to third party websites are
independent of this Privacy Policy. Any third party's Privacy
Policy is separate and Aspire shall not be liable for any
information contained therein.
