This service is operated by Redpoint Consulting Limited.
The services provided by Redpoint Consulting Limited ("Redpoint") through the Website ("Service" or "Services") and the use of the Website are governed by these Terms and Conditions ("Terms and Conditions"). By accessing or using the Services or the Website or by registering as a bidder ("Bidder" or "User"), you agree that
- You have read the Terms and Conditions,
- You understand the Terms and Conditions, and
- Your use of the Services and the Website will be in accordance with the Terms and Conditions.
If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims)
The Terms and Conditions together with any additional terms and conditions specific to a particular auction constitute the entire agreement (the "Agreement") between Redpoint and User and replace any earlier version of the Terms and Conditions.
Redpoint may amend the Terms and Conditions at any time, at Redpoint's sole discretion, without notice. Any amendment of the Terms and Conditions will be displayed on the Website. Use of the Services and the Website constitutes an acceptance of the current Terms and Conditions.
Role of Redpoint.
Redpoint provides the Services and the Website only as a service for auctioneers ("Sellers") who offer for sale items and Bidders may may bid these items. Redpoint is neither a principal with interest in the transactions, nor an agent of Bidder or Seller. Redpoint does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets or offerings, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings.
Redpoint makes no representation or warranty of any kind as to the ability of either Bidder or Seller to complete a sale in accordance with these Terms and Conditions or otherwise, and in accordance with any additional terms and conditions specific to a particular auction.
Redpoint does not have the power to transfer title of any assets offered by Sellers.
Redpoint may at its sole discretion to block any User who does not comply with the Terms and Conditions.
In the event of any dispute regarding any transaction conducted through use of the Services or the Website the User hereby releases Redpoint, its partners and subsidiaries, and their respective directors, employees, agents and successors in title and each of the foregoing, from any and all manner of action or claim and from any and all losses, damages, costs or expenses, including without limitation court costs and legal fees, which User may have against the Released Parties.
In particular, Redpoint shall not be held responsible for any loss, damage or cost or expense arising from the use of the Service, or in Redpoints' failure to provide The Service. The Service is not guaranteed to be error free or to be available at any time.
Terms of Sale
1. The
auction takes place publicly. The placing of a bid constitutes acceptance in
full of these Conditions of Sale by the bidder.
2.
Interasia Auctions Limited (Interasia Auctions) is acting as agent for the
respective sellers of the lots in the auction. All lots are offered subject to
a reserve, below which the lot will not be sold.
3. The
highest bidder acknowledged by Interasia Auctions shall be the buyer (provided
the lot’s reserve is met). A buyer’s premium of 15% shall be added to the
hammer price of each lot.
4.
Interasia Auctions has the right to reject any bid, to advance the bidding at
its discretion, to withdraw or divide any lot, to combine any two or more lots,
to deviate from the lotting order, and in the event of a dispute, to determine the
successful bidder, to continue the bidding, or to reopen the lot. Interasia
Auctions’ decision in such case shall be final and binding. Interasia also has
the right to refuse entrance to the auction to any person without giving any
reason, as well as to require any person to leave the auction.
5.
Interasia Auctions will execute written bids submitted prior to the auction
and, in its discretion, bids provided to it by telephone before the auction
(which should be confirmed in writing), but it and its staff shall not be
responsible for any failure or error in executing such bids. In the event
Interasia Auctions receives identical bids for a lot, the first bid received
shall be the successful bid. No “buy” bids will be accepted.
6. A
bidder acting as an agent on behalf of a third party must advise Interasia
Auctions of this prior to the auction and shall be responsible for all
purchases made on behalf of his clients unless otherwise agreed to in writing
by Interasia Auctions prior to the auction. Interasia reserves the right to
require agents to provide proof of their authority and to reject any bids from
the agent.
7.
Interasia Auctions will endeavor to accommodate those bidders who wish to bid
by telephone, subject to staff availability. Interested bidders should make
arrangements with Interasia Auctions at least 48 hours prior to the auction.
Interasia Auctions and its staff will not be responsible for any failure or
error in executing telephone bids.
8. The
lots offered in the auction catalogue can be inspected by potential bidders
prior to the auction at public viewing as set forth in the auction catalogue.
Viewers will be responsible for any damage caused by them in the viewing.
9. The
sale shall be conducted in Hong Kong dollars.
Any currency converter at the auction is for general reference and convenience
only. Interasia Auctions shall not be responsible for any error or inaccuracy
on the currency converter.
10.
Payment of lots is due within 5 days from the auction date, except in the case
of postal or other bids that Interasia Auctions executes on behalf of bidders
not present at the auction, such payment is due on presentation of Interasia
Auctions’ invoice for the lots. Lots will not be given or sent to buyers until
payment in full. All amounts and invoices are payable in Hong
Kong dollars. Foreign currencies will be accepted only if agreed
to by Interasia Auctions and in such case the buyer shall pay all bank charges
and bear any costs arising from exchange rate differences.
11. All
invoices that are not paid within 14 days after the auction shall be subject to
a 5% late fee and shall also bear interest at the rate of 1½% per month from
the date of the auction. If lots are not paid for in full within 30 days after
the auction, Interasia Auctions shall have the right to exercise one or more of
the following rights and remedies: (a) to cancel the sale, (b) to resell the
lots at public or private sale, with the defaulting buyer to be responsible for
any loss from the resale and all costs and expenses in connection therewith,
(c) to apply any amounts received from the buyer or owing to the buyer from
Interasia Auctions against the amounts owing to Interasia Auctions, or (d) to
sue the buyer for breach of contract. The buyer shall be responsible for all
costs and expenses, including legal fees and collection costs, incurred by
Interasia Auctions in collecting on defaulted invoices and delinquent accounts.
12. The
descriptions in the catalogue are statements of opinion and do not constitute
any guaranty or warranty. The buyer may return any lot that is misdescribed, so
long as the buyer notifies Interasia of his intention to return the lot and the
reason for the return within 7 days of his receipt of the lot (but in no event
later than 30 days after the auction), so returns the lot within 7 days
thereafter and the lot is received by Interasia Auctions in its original
condition and has not been altered. If Interasia Auctions disagrees with the
proposed return, the item may, at Interasia Auctions’ option, be submitted for
expertisation in accordance with clause 13 at the buyer’s expense (except if
the item receives a negative opinion, the buyer shall not be responsible for
such expertisation cost). Notwithstanding the foregoing, lots that are
illustrated in the catalogue may not be returned for centring, margins, short
or blunted perforations, or other details visible from the illustration, nor
may lots be returned because the colour does not match the colour reproduction
in the auction catalogue or on the website. Lots described as having any fault
or defect also may not be returned for any faults that were not described. No
lots may be returned for any reason whatsoever after thirty (30) days from the
auction, except for lots put on extension per clause 13. In addition, the
following lots may not be returned for any reason: (a) lots containing 5 or
more stamps or items (other than a set of stamps) and (b) lots offered “as is.”
13. The
buyer may only return a lot on the basis that it is not genuine if the item is
placed on extension and the item receives an opinion that it is not genuine
from the expertiser, all in accordance with this clause 13. Buyers who wish to
get an expert opinion on an item must (a) notify Interasia Auctions in writing
within 20 days after the auction that the item is to be expertised (and any
expert that the buyer proposes the item to be submitted to), (b) promptly
return the lot to Interasia Auctions in its original condition for submission
for expertisation (if the lot has already been sent to the buyer) and (c) pay
for the lot in full at the time of the expertisation request. Interasia
Auctions will submit all items for expertisation under this clause 13 to an
expert chosen by it, in consultation with the buyer. The buyer shall be
responsible for all costs for the expert opinion, except if the item receives
an adverse opinion and the sale is cancelled. If the expert issues an adverse
opinion that the item is not as described in the auction catalogue, the sale
will be cancelled and the buyer will be refunded the purchase price (hammer
price plus buyer’s premium) for the lot. Lots containing 5 or more stamps or
items (other than a set of stamps) and lots offered “as is” may not be returned
for any reason as provided in Clause 12. Items with an expert certificate dated
within the last five years are not subject to return for reason of genuineness
or any other reason, nor will any item described as have any fault or defect be
returnable for any faults mentioned in the expert opinion that were not
described. No lot will be accepted as a return from expertisation if the item
is indelibly marked as altered or fraudulent by the expertiser.
14. A
lot is at the buyer’s risk at and from the time the lot is “knocked down” to
the buyer at the auction, but title (ownership) shall not pass to the buyer
until payment in full. Lots may be picked up at Interasia Auctions’ offices the
first business day after the auction during normal business hours. Lots sold to
postal or other bidders not present in person at the auction will be sent by
courier service, registered mail or other means at the buyer’s risk and
expense. Lots that are not collected within 30 days after the auction shall be
assessed storage charges.
15. If a
lot description is also provided in Chinese, the Chinese description is for
general reference and convenience only. The Chinese descriptions are not
complete and do not necessarily reference faults and other condition issues.
Potential bidders are encouraged to carefully review the English descriptions,
which are the official catalogue descriptions, and no lot may be returned
because of any omission, inaccuracy or error in its Chinese description.
16.
Interasia Auctions’ liability to any buyer, bidder or potential bidder is
limited to refunding the purchase price for misdescribed and not genuine items
under and in accordance with clauses 12 and 13. Any claim against Interasia
Auctions or the seller of a lot thereunder is limited to the purchase price
(hammer price plus buyer’s premium) for the lot. Neither Interasia Auctions nor
the seller of a lot shall under any circumstances be liable for any
consequential losses.
17.
These Conditions of Sale and the respective
rights and obligations of the parties shall be governed and construed in accordance
with Hong Kong law, and the buyer (including for such purposes agents) hereby
submits to the non-exclusive jurisdiction of the Hong Kong
courts.
18. Interasia
Auctions provides live-auction simultaneous internet bidding as a convenience
to its clients. Neither it nor its staff shall be responsible for any error or
failure with respect to execution of any internet bids or have any liability
arising from any failures with respect to the internet bidding system itself,
including, without limitation, (i) any failure of the system to operate or any
breakdown or problems with the on-line bidding software, (ii) any loss of
internet connection by either party for any reason, or (iii) any failure,
breakdown or problems with the bidder’s internet connection, computer or
system.
19. In
case of any difference between these Conditions of Sale (in English) and the
Chinese translation, the English version shall prevail.