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.
Bidding implies unconditional acceptance of these Conditions of Sale. Please read them carefully!
Lansky doo Novi Sad (“Lansky”, “we”, “our”) acts as the seller's agent, for and in the interest of the seller. Lansky does not act on behalf of the buyer, or advise bidder and buyer (“you”, “your”, “bidder(s)”, “buyer(s)”) in this role.
The auction is conducted in euros (EUR). For the benefit of international clients, some third-party platforms may show other major traded currencies. Any currency conversion displayed should be treated only as a guide. Lansky cannot be bound by any rate of exchange shown by the currency calculator, and will be not responsible for any error, omission or failure in providing these services. The copyright and trademark in all illustrations, descriptions, sales data, and archival records are our exclusive property and may not be reproduced or used.
The highest bid accepted by Lansky for a lot will be the successful bid, and that bidder will become the buyer of that lot, thereby forming a binding contract for sale between the buyer and the seller. Buyers will be notified by email (which will include an invoice) by Lansky after the sale. If you are a successful bidder and buyer of a lot, you agree to pay Lansky a 25% buyer’s premium of the hammer price and, if any, all applicable taxes (including, but not limited to, value-added tax,
artist’s resale right). Invoices are due and payable in euros (EUR), unless otherwise agreed, upon receipt; we may reduce any charge and fee in our sole discretion. Legal interest and late fees may be due on invoices not settled within 30 days of the auction date. Lansky shall have the right to offset any outstanding account by any credit balance and/or exercise a lien over any of your property in its possession. Our preferred payment method is by bank wire transfer. Please quote the invoice number as reference, and note that all transaction fees are borne by you. Results will be published online by Lansky after the sale.
Title will not pass until Lansky has received full payment for the purchased lot(s) in free and cleared funds. Lansky and the sellers make no representations or warranties that the buyer of a lot will acquire any copyright or other reproduction rights in such lot. Lansky is not obliged to release a lot to the buyer until title has passed and appropriate identification of the buyer; provided, however, that any earlier release does not affect the passing of title or the buyer’s unconditional obligation to pay. Any liability for loss or damage will pass to the buyer upon the transfer of the lot to the delivery service provider; if local pick-up applies, this liability passes to the buyer up on the buyer’s first physical contact with the lot. All buyers are obliged to arrange collection of their lot(s) at their sole risk and expense. Upon buyer’s request, Lansky may suggest delivery and shipping providers; provided, however, that makes no representations, warranties, or guarantees whatsoever in relation to these delivery and shipping providers.
As part of our due diligence process, all lots have been carefully checked beforehand with the Interpol ID-Art application. Information in respect of any lot, whether written or oral, is not a representation of fact but rather a statement of opinion held by Lansky. Our knowledge in relation to each lot is partially dependent on the information provided to Lansky by the seller, and we are unable to carry out exhaustive due diligence on each lot of the kind undertaken by art historians and scholars and also, as research develops and scholarship and expertise evolve, opinions on these matters may change.
In certain circumstances, Lansky may include the provenance of a lot if such information contributes to scholarship or is otherwise well known and assists in distinguishing the lot. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons; for example, such information may be excluded to accommodate a seller’s request for confidentiality, or because the identity of prior owners is unknown. No guarantee or warranty of any kind - expressed or implied, including any warranty of merchantability or fitness for a particular purpose - is made and any lot is therefore offered on an “as is” basis, with all existing faults and imperfections; any electrical and mechanical lot or part is sold for its historic, artistic or decorative value only and should not be assumed to be operative. Illustrations are for identification purposes only and cannot be used as precise indications of size or condition of any lot; please note that color variations can be expected in any electronic or printed imaging. All bidders and buyers acknowledge these limitations and accept the sole responsibility for carrying out inspections and/or investigations to satisfy themselves as to the lots in which they may be interested, particularly those of significant value.
By bidding, you represent and warrant that: (i) you are of legal age; (ii) any bid placed by you, whether for on your behalf or for a third-party, is not the product of any collusive or anti-competitive behavior and is not otherwise unlawful; (ii) you acknowledge that an auction is not a conditional sale; (iii) you will make the full payment of your successful bid(s) as well as any applicable tax, duty or charge; (iv) the funds used for settlement are not connected with any criminal activity, and you are not under investigation or convicted of money laundering, terrorist activities or other crimes; (v) you will comply with any restriction on import and/or export in your country or place of residence; (vi) you accept the sole responsibility to obtain any necessary import and/or export license or permit as well as any other required documentation for any lot; (vii) the authority issuing such licenses and/or permits may express the intention to acquire any lot within the conditions provided by law; (viii) delay, failure or incapacity to obtain such licenses and/or permits shall not justify the cancellation or rescission of the sale contract or any delay in payment; (ix) you accept the sole responsibility for any loss or damage caused by or resulting from a seizure, confiscation or destruction under customs regulation or by order of a government, or risks of contraband or illegal transportation of trade; (x) you waive any and all rights to require disclosure of the identity of the seller(s); (xi) you waive any and all rights of offset of any kind against Lansky, Lansky’s affiliates and the seller(s); and (xii) we may process your personal data in line with our privacy notice, available on written request.
Lansky reserves the right, in its sole discretion, to: (i) reject, revoke or refuse any participation to any bidder or buyer; (ii) reject, revoke or refuse any bid; (iii) commence and advance the bidding; (iv) withdraw or divide any lot, or combine two or more lots; (v) continue the bidding, determine the successful bidder, cancel the sale, reoffer or resell any lot, whether during or after the sale, in case of any discrepancy. If any dispute arises, our decision in exercise of the foregoing options will be final. Lansky does not accept any liability for errors or failures to execute bids placed on the internet or through a mobile device, including, but not limited to, errors or failures caused by any loss of connection; a breakdown or problem with the online bidding provider(s); or a breakdown or problem with any internet connection, computer or mobile device. Lansky shall not be liable for any difference between the starting price of a lot and the price achieved at auction or later.
Lansky reserves the right, in its sole discretion, to rescind the sale in the event of nonpayment, any breach of warranty, disputed ownership, error or omission in exercising bids and reserves, or for any other reason. In case of nonpayment, our election to cancel a sale does not relieve any buyer from his obligation to pay the related buyer’s premium and any other damage. Neither Lansky, Lansky’s affiliates, their respective officers and employees, nor the seller(s) shall not be liable to you for any special, punitive, incidental or consequential damages incurred or claimed, including, but not limited to, loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages or expenses.
Lansky reserves the right, in its sole discretion, to change these Conditions of Sale at any time without notice to bidders; current conditions are available on written request. No third-party may rely on benefits or rights established under these Conditions of Sale as rights hereunder are personal and may not be assigned; any assignment will therefore be deemed null and void. You and Lansky irrevocably agree that, regardless of the location of the auction, these Conditions of Sale shall be construed and enforced in accordance with, and governed by, the laws of the Republic of Serbia (excluding its conflict of law rules). You and Lansky also agree to the exclusive jurisdiction of the courts of Novi Sad to settle litigations arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate and/or apply. Neither the UNCISG nor any provision of Articles 14 or 15 of the French Civil Code (as well as at any similar provision in any jurisdiction) may apply. Should any term, provision or restriction of these Conditions of Sale be held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of the terms, provisions or restrictions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
