Apollo Art Auctions   拍賣公司條款

Terms & Conditions of Bidding
Apollo Art Auctions LTD
1. Terms of Sale
1.1 Apollo Art Auctions Ltd, a company registered in England with registered number
11450370 and with a registered office at 10-12 Mulberry Green, Old Harlow, Essex CM17
0ET (“Apollo Art Auctions“. “we” or “us“), carries on business with Bidders, Buyers and
Sellers (as defined below) on the following Auction Terms and Conditions, the Terms of
Consignment for Sellers, and on such other terms, conditions and notices as may be
referred to herein or that may be amended by way of notices posted in the saleroom or
by way of announcements made by us.
1.2 Bidders should carefully read the Auction Terms and Conditions (the “Terms and
Conditions“) and Terms of Consignment for Sellers prior to bidding at auction, as Bidders
and Buyers will be deemed to have accepted these terms and conditions once a bid has
been placed.
1.3 We act as agent for the Seller whose identity, for reasons of confidentiality, is not
normally disclosed to the Buyer. If a Buyer is the successful Bidder on the fall of the
hammer, the contract of sale is made directly between the Buyer and the Seller.
2. Fees and Payments
2.1 Pre-sale estimates for Lots are intended as a guide to help Bidder’s gauge approximate
prices for the purchase of a particular Lot. The actual Hammer Price realised at auction
may be higher or lower than the pre-sale estimate. The lower estimate may represent a
reserve price which we have agreed with the Seller. Pre-sale estimates do not include the
Buyer’s Premium or VAT.
2.2 VAT is charged and invoiced on an inclusive basis, under Apollo Art Auctions’ Margin
Scheme on all Buyers’ Premiums and other charges.
2.3 The Purchase Price is due and payable when the Lot is sold, unless otherwise agreed
in writing by us. An invoice will be sent to the Buyer by email or post, and Buyers may be
telephoned or otherwise contacted when payment is not received promptly or where
there are queries in any respect.
2.4 The full Purchase Price must be paid in Pounds Sterling and can be made by bank
transfer; by cash up to the value of ￡8,000, by cheque from a UK bank (subject to
clearance) or by bank debit card or credit card (up to a maximum of ￡500).
3. Bidding
3.1 Bidders must register their personal data with Apollo Art Auctions before a sale
commences in order to place a Bid on any Lot. We shall process the Bidder’s personal
data in accordance with our privacy policy (which is available via the Website).
3.2 If this is your first-time bidding at Apollo Art Auctions or you are a returning Bidder
who has not bought anything from us within the last two years you must register at least
48 hours before an auction to give us enough time to process and approve your
registration. We may, at our option, decline to permit you to register as a Bidder. You will
be asked for the following:
for individuals: Photo identification (driving licence, national identity card or passport)
and, if not shown on the ID document, proof of your current address (for example, a
current utility bill or bank statement).
for corporate clients: Your Certificate of Incorporation or equivalent document(s)
showing your name and registered address together with documentary proof of directors
and beneficial owners; and
for trusts, partnerships, offshore companies and other business structures, please
contact us in advance to discuss our requirements.
3.3 The Bidder with the highest bid accepted by us shall be the Buyer at the Hammer Price.
Bids may be made by way of the Website, live telephone bidding, written Bid, or bidding
in person at the live sale.
3.4 Bidders shall be deemed to act as principals and require Apollo Art Auctions’ written
consent at the time of Bidder registration to bid as agent for another party. Bidders are
personally liable for their Bid and jointly and severally liable with their principal if
bidding as agent (whether or not Apollo Art Auctions has consented to the Bidder acting
as agent).
3.5 Lots will only be invoiced to the name and address of the Bidder on the bid registration
form and cannot be transferred to another name and address. Apollo Art Auctions can
only accept payment for the Lot from the registered Bidder.
3.6 Apollo Art Auctions expressly reserves the right to bid on behalf of the Seller up to the
amount of any reserve. We may at our sole discretion refuse any Bid from any Bidder, and
to withdraw or re-offer any Lot if we believe there has been an error or dispute. Any
dispute about a Bid shall be settled at Apollo Art Auctions’ absolute discretion, always
acting reasonably.
3.7 All Lots (unless otherwise specified) are offered subject to a confidential reserve price
agreed between Apollo Art Auctions and the Seller, below which we may not sell the Lot.
The non-disclosed reserve price shall be no higher than the pre-sale estimate of the Lot
at the time of auction.
3.8 Bidding increments shall be at Apollo Art Auctions’ sole discretion. By way of example
only, bidding increments may be:
(A) ￡0 to ￡99 – in increments of ￡10
(B) ￡100 to ￡199 – in increments of ￡10
(C) ￡200 to ￡499 – in increments of ￡20
(D) ￡500 to ￡999 – in increments of ￡50
(E) ￡1,000 to ￡1,999 – in increments of ￡100
(F) ￡2,000 to ￡4,999 – in increments of ￡200
(G) ￡5,000 to ￡9,999 – in increments of ￡500
(H) ￡10,000 to ￡19,999 – in increments of ￡1,000
(I) ￡20,000 to ￡49,999 – in increments of ￡2,000
(J) ￡50,000 to ￡99,999 – in increments of ￡5,000
(K) ￡100,000 to ￡199,999 – in increments of ￡10,000
(L) ￡200,000 to ￡999,999 – in increments of ￡20,000
(M) ￡1,000,000 and up – in minimum increments of ￡50,000
Apollo Art Auctions is not bound to implement any of the above increments.
3.9 It is the responsibility of the Bidder to ensure that Bids are made accurately. We are
not responsible for any technical failure or otherwise which results in bids not being
received.
3.10 Bidders will receive future notifications by email and may be sent catalogues for
future sales. Any Bidder who does not wish to receive this information should contact us
at enquiries@apolloauctions.com to opt out.
4. Title, Risk
4.1 Title in a purchased Lot is retained by the Seller and shall only pass to the Buyer when
the Purchase Price and all other sums payable by the Buyer have been received by Apollo
Art Auctions in full and cleared funds.
4.2 Risk for the Lot passes to the Buyer at the time the Lot is sold to the Buyer. Apollo Art
Auctions is not responsible for loss or damage to any Lot at any time.
5. Collection or Delivery
5.1 Once payment of all sums due have been received in full and cleared funds, we will
release the Lot to the Buyer for collection. The Buyer must collect, or arrange the
collection of, all purchases from our premises at 63-64 Margaret Street, W1W 8SW, London
within seven working days following the Date of Sale (subject always to payment being
received in full by us). All packing and handling of Lots will be at the Buyer’s sole risk.
5.2 Lots not collected may be removed and stored and will only be release once any
relevant storage costs have been paid in full. If the storage charges reach 50% of the
Hammer Price paid or after the expiration of three months from the transfer date,
whichever occurs first, we may re-sell any and all lots stored without notice and in any
manner at our sole discretion and to apply any proceeds in defrayment of such costs. The
Buyer will be entitled to receive any credit balance above the amount of the costs on
request but will remain liable for any deficit.
5.3 Upon request we will arrange delivery of purchased Lots subject to payment of an
agreed fee. We do not insure Lots in transit but can arrange insurance at Buyer’s written
request. Delivery will be exercised as agreed with the Buyer, and unless otherwise
specified by us during the working days and hours only following the sale. We ship paid
lots up to 3 working days after payment of all monies owed by the Buyer is received.
6. Failure to pay the Purchase Price
6.1 If the Purchase Price and/or all sums payables are not paid in full when they fall due
and/or the Lot is not removed in accordance with these terms, we will without further
notice to the Buyer be entitled to exercise one or more of the following rights:
to terminate the agreement for sale immediately.
to retain possession of the Lot and to exercise a lien over any of the Buyer’s property in
our possession for any purpose until the debt due is satisfied.
to remove and/or store the Lot at the Buyer’s expense.
to take legal proceedings against the Buyer on behalf of the Seller for payment of any
sums due.
to 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. We will take
reasonable measures to notify the Buyer prior to releasing such details to the Seller.
to charge interest on any monies due at the annual rate of 8% per annum from time to
time to be calculated on a daily basis from the date upon which such monies became
payable until the date of actual payment.
to sell the Lot without a Reserve Price at auction and apply any proceeds against the
amount owing by the Buyer.
to apply any monies received from the Buyer in payment or part payment of any sums due
from the Buyer under these Terms; and/or
to refuse to allow the Buyer to register for a future sale or to reject any future Bid made
by the Buyer.
6.2 We shall, as agent for the Seller and on our own behalf pursue these rights and
remedies only so far as we deem at our sole discretion is reasonable to make appropriate
recovery in respect of breach of these Terms and Conditions. We are in no way obligated
to exercise any of the above rights or remedies.
7. Warranties and Limitation of Liability
7.1 The Seller represents and warrants to the Buyer that:
The Seller is the legal owner of the Lot consigned to Apollo Art Auctions or is fully
authorised to sell the Property by the legal owner of it.
The Seller is able to and shall transfer possession to the Buyer good and marketable title
to the Lot free from any third-party rights or claims;
The Seller is unaware of any matter or allegation which would render any description
given to Apollo Art Auctions in relation to the Lot inaccurate or misleading in any way.
The Lot has been or will be lawfully imported and lawfully and permanently exported as
required by the laws of any country in which it is or was located. Any required
declarations upon the export and import of the Lot have been or will be properly made
and any duties and taxes on the export and import of the Lot have been or will be paid by
the Seller.
7.2 Subject to paragraph 9.1, neither Apollo Art Auctions nor the Seller is liable for any
errors or omissions provided to Bidders by Apollo Art Auctions, whether orally or in
writing, where negligent or otherwise, except as set out in paragraph 3.3.
7.3 Subject to paragraph 9.6, neither Apollo Art Auctions nor the Seller gives any
guarantee or warranty to the Bidder. Any implied warranties and conditions are excluded
(except where such warranties and conditions cannot be excluded by law), other than the
express warranties given by the Seller to the Buyer in the Terms of Consignment for
Sellers.
7.4 Neither Apollo Art Auctions nor the Seller accepts responsibility to any Bidder for acts
or omissions (whether negligent or otherwise) by Apollo Art Auctions in relation to the
conduct of any auction.
7.5 Any claim by a Bidder or a Buyer against Apollo Art Auctions or the Seller is limited to
the Purchase Price in respect of the relevant lot and shall not include under any
circumstances indirect or consequential losses.
7.6 Nothing in these Terms and Conditions shall limit or exclude our liability for (a) death
or personal injury resulting from our negligence; (b) fraud or fraudulent
misrepresentation; or (c) any other liability that cannot be excluded or limited by English
law.
8. Website use
8.1 You agree to use the website in accordance with the terms of use.
8.2 The website contains material which is owned by or licensed to us. This includes, but
is not limited to, the design, layout, look, appearance and graphics.
8.3 The Website is made for your personal or internal business use only. You may not
reproduce all or a substantial part of the website, or commercially exploit any of the
content on the website.
8.4 We will use reasonable endeavours to always make the Website available to
you. However, there may be occasions when access to the website may be interrupted,
including for scheduled maintenance or upgrades, for emergency repairs, or due to failure
of telecommunications links and/or equipment. We reserve the right to remove any
content or features from the website for any reason.
9. Deliberate Forgeries
9.1 Notwithstanding the conditions in paragraph 9, any Lot which proves to be a
Deliberate Forgery (as defined in paragraph 1) may be returned to Apollo Art Auctions by
the Buyer within 21 days of the relevant Date of Sale, provided the Lot is in the same
condition as when bought, and is accompanied by particulars identifying it from the
relevant catalogue description and a written statement of defects. If we are satisfied at
our sole discretion that the above criteria have been met and that the lot is a Deliberate
Forgery, the sale will be cancelled, and Apollo Art Auctions shall refund the Hammer Price
and the Buyer’s Premium paid by the Buyer for the Lot (subject to Apollo Art Auctions
receiving return payment from the Seller).
9.2 Paragraph 11.1 shall not apply if either: (1) the catalogue description reflected the
generally accepted view of scholars and experts as at the date of sale, or the catalogue
description indicated that there was a conflict of opinion; or (2) the only method of
establishing at the date of sale that the item was a Deliberate Forgery would have been
not then generally available or accepted, unreasonably expensive or impractical to use,
or likely to have caused damage or loss of value (in our reasonable opinion) of the lot; or
(3) there has been no material loss in value of the lot from its value had it been in
accordance with its description.
9.3 If the Buyer is not personally able to transfer a good and marketable title to Apollo
Art Auctions, then the Buyer shall have no rights under this paragraph 10. The right of
return provided by this paragraph 11 is additional to any right or remedy provided by law
or by these Terms and Conditions.
9.4 Apollo Art Auctions may require the Buyer to obtain at the Buyer’s expense the reports
of up to two independent and recognised experts in the field, mutually acceptable to
Apollo Art Auctions and to the Buyer. We shall not be bound by any reports produced by
the Buyer, and we reserve the right to seek additional expert advice at our own expense.
9.5 For the avoidance of doubt, our maximum liability to the Buyer is total value of the
Hammer Price and Buyer’s Premium. We will not pay or refund any additional costs, fees,
shipping, loss of profit, damages and consequential costs.
10. General
10.1 Apollo Art Auctions reserves the right to alter these Terms and Conditions at any
time.
10.2 Apollo Art Auctions shall have the right in its absolute discretion to refuse admission
to its premises or attendance at its auctions by any person.
10.3 Special terminology may be used in catalogue descriptions of particular types of
goods, and the descriptions should be interpreted in accordance with any glossary
appearing in the sale catalogue.
10.4 All images and other materials produced for the auction are the copyright of Apollo
Art Auctions for use at Apollo Art Auctions’ discretion.
10.5 Any extension or waiver of any provision of these Terms and Conditions that may be
granted to Bidders, Buyers or Sellers by Apollo Art Auctions for a specific Lot shall not
have any consequence on the enforceability of these Terms and Conditions and in all
other respects these Terms and Conditions shall remain in full force and effect. Should
any provision of these Conditions of Business be deemed unenforceable for any reason,
the remaining provisions shall remain in full force and effect.
10.6 These Terms and Conditions are not assignable by any Buyer or Seller without Apollo
Art Auctions’ prior written consent but are binding on the Buyer’s and the Seller’s
respective successors, assigns and representatives. No act, omission or delay by Apollo
Art Auctions shall be deemed a waiver or release of any of its rights.
10.7 The Contracts (Rights of Third Parties) Act 1999 is excluded by these Terms and
Conditions and shall not apply to any contract made pursuant to them.
10.8 The Terms and Conditions, the Terms of Consignment for Sellers, and any additional
notices issued by Apollo Art Auctions form the entire agreement between the parties. It
is agreed that no party has entered into any contract pursuant to these terms in reliance
on any representation, warranty or undertaking not expressly referred to in these
documents (save in respect of liability for fraudulent misrepresentation).
10.9 These Terms and Conditions, including the Terms of Consignment for Sellers, and all
transactions or disputes to which they relate, are governed by the laws of England and
Wales. The Buyer and the Seller agree that the Courts of England and Wales shall have
exclusive jurisdiction in relation to any dispute arising.
11. Definitions
11.1 In these Terms and Conditions, the following words have the following meanings:
Bid: an amount offered by a Bidder to purchase a Lot.
Bidder: the person considering, making or attempting to make a Bid on a Lot, in person
or by any other means, including the Buyer.
Buyer: the Bidder who makes the highest Bid accepted by us.
Buyer’s Premium: the amount payable by the Buyer in addition to the Hammer Price on
each Lot purchased, calculated as a percentage of the Hammer Price – 29% (not including
any online charges).
Date of Sale: the date on which we accept the Buyer’s Bid for the Lot.
Deliberate Forgery: an imitation made with the intention of deceiving as to authorship,
origin, date, age, period, culture or source but which is unequivocally described in the
catalogue as being the work of a particular author, origin, date, age period, culture or
source, and which at the date of the sale had a materially lesser value than it would have
had if it had been in accordance with the catalogue description.
Hammer Price: the highest Bid reached (at or above any reserve) and accepted by us when
we bring down the hammer and the sale of the Lot is final.
Lot: the item consigned by the Seller for sale at auction by us.
Purchase Price: the Hammer Price in respect of the Lot sold, together with any Buyer’s
Premium, Value Added Tax chargeable and any additional charges payable by a Buyer in
accordance with these Terms and Conditions.
Seller: the legal owner of the Lot offered for sale, including their agents (other than Apollo
Art), executors or personal representatives.
Website: the website where auction takes place – www.apolloauctions.com
12. Lots
12.1 Apollo Art Auctions’ knowledge in relation to any Lot is primarily dependent on
information provided by the Seller of the Lot. Although we carry out in-house due
diligence on each lot, bidders must accept the responsibility for carrying out inspections
and investigations to satisfy themselves as to the Lots on which they bid.
12.2 Lots are offered as seen and are available for inspection prior to auction at our
premises. It is the responsibility of Bidders to make any enquiries before the auction date
and satisfy themselves as to the accuracy and authenticity of any Lot and in relation to
the description of any Lot, including but not limited to a Lot’s condition, quality,
provenance, authenticity, background, style, period, age, origin, value and estimated
selling price. Although we carry out in-house due diligence, we have no obligation to
examine, investigate or carry out any tests to establish the accuracy or otherwise of any
description whether on the Website or in any printed material. If any Lot is provided with
a TL test it means that the Lot was examined using an advanced scientific
Thermoluminescence dating method which is used to evaluate the period of manufacture
of the lot but it doesn’t exclude the possibility of restoration and repairs. The same
applies to XRF testing and any other type of scientific analysis provided for the lots.
12.3 Sale catalogues, catalogue illustrations, condition reports and any descriptive
certificates are for information purposes only and do not necessarily convey the full
information regarding any Lot. Information provided to Bidders or their advisors prior to
the sale in respect of any Lot, whether written or oral and including any information in
the sale catalogue or condition or other report, is a statement of opinion honestly held
by Apollo Art Auctions and is not a statement of fact. Our description of any Lot, including
details of the age, value, authenticity, ownership, history, use and condition, reflect our
opinion only and we therefore do not warrant any information provided to Bidders in
relation to the Lot.
12.4 The nature of the Lots sold at auction by Apollo Art Auctions is such that they are
likely, due to their nature and their age, to show signs of wear and tear, damage, or other
imperfections, restoration or repair. Any reference to condition by Apollo Art Auctions
will not amount to a full description of condition. Photographs included in Apollo Art
Auctions’ sale catalogues are not representative of the condition of any Lot.
12.5 We may describe the Lots using the following descriptions:
Restored: the Lot may have been repaired or otherwise reinstated and some parts may
have been replaced;
Fair Condition: the Lot may be fragmentary or have some obvious damaged;
Fine Condition: the Lot is likely to be generally complete but may have minor damage or
evidence of restoration or repair;
Very Fine Condition: the Lot is usually complete and in good condition, but may have some
minor damage, restoration or repair.
Possibly later: the term refers to an item that can be from any given period.
12.6 We will provide a report on the physical condition of any Lot on request. The content
of a report is information only and should not be relied upon as advice. For coins that
have been authenticated, graded and encapsulated (‘slabbed’) by an independent
grading company, no guarantee of any kind is offered by us. Buyers should note that
removal or attempted removal from any slab will immediately void any independent
guarantee that might have been offered by that grading company.
12.7 All dimensions of Lots are approximate and are for general guidance only. A single
dimension given is normally the greatest dimension for the Lot.
12.8 Subject to the conditions set out in this clause 3, Apollo Art Auctions exercises
reasonable care when making statements of opinion consistent with its role as a regional
auction house, based on information provided by the Seller, available scholarship, and
the generally accepted opinions of relevant experts (at the time any such expert expressly
states such opinion). We are in no way required to seek the opinion of any expert outside
Apollo Art Auctions.
12.9 It is the Bidder’s sole responsibility to identify and obtain any necessary licences for
a Lot, including but not limited to export, import, or endangered species. Apollo Art
Auctions and the Seller make no representations or warranties as to whether any Lot is
or is not subject to export or import restrictions. The denial of any licence or permit shall
not entitle the Buyer to cancel the sale contract or delay payment of the Lot.
12.10 We reserve the absolute right to withdraw any Lot from sale for any reason.