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 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 & CONDITIONS
Participation in auctions implies unconditional
acceptance of the following terms. Please read them carefully before bidding.
Except as otherwise stated, the auctioneer only acts as agent for the seller.
The contract for the sale of the property is therefore made between the seller
and the buyer. In addition to the hammer price, the buyer agrees to pay a 20%
premium together with any applicable value added tax. Other costs or taxes –
including, but not limited to, artist’s resale right, import value added tax… –
may be owed on certain lots, on top of usual fees and taxes. The auctioneer, at
its sole discretion, may reduce or compromise any charge or fee. It is the responsibility
of any buyer to comply with any customs and other regulations. Please note that
due to recent changes in money laundering regulations, bidders must provide
full and accurate details of their identity. Starting prices, bids and invoices
are in Euros. Bidders are responsible for errors in bidding. The auctioneer
accepts no liability for failure, errors or omissions in connection with phone
or electronic bids. Except as otherwise stated, each lot can be subject to a
reserve. All bidders personally guarantee payment for their successful bids,
including bidders executing commission bids from other parties. Invoices are
due and payable immediately upon receipt. Legal interest and late fees shall be
payable on invoices not settled within 30 days. Payment must be made by bank
transfer only. Title does not pass until full payment, which may be required
prior the delivery of any lot. The auctioneer can help on request to arrange
packing and shipping at the buyer's risk and expense. Delivery to the buyer’s
address of record shall constitute receipt by the buyer regardless of the
identity of the person accepting delivery. It is however recommended that
buyers use their own carrier. Please remember that an auction is not an approval
sale. Any statement, whether oral or written – including, but not limited to,
description, attribution, condition, provenance, value, colors… – is only the
expression of the auctioneer’s opinion or belief. Such statements do not
constitute a representation, warranty or assumption of liability of any kind.
All lots are therefore sold ‘as is’. Moreover, as the auctioneer wishes to
maintain its independence and, therefore, not a member of any organization or
thirdparty entity – including, but not limited to, IAPN, NGC, PCGS… –, the
auctioneer is in no way bound to any of their opinions. It must be clearly
understood that, due to the nature of the auction process, the auctioneer is
unable to carry out exhaustive research of the kind undertaken by historians
and scholars and also, as research develops and scholarship and expertise
evolve, opinions on these matters may change. The auctioneer therefore
recommends you always view the property personally and, particularly for any
lot of significant value, you seek information from your own professional
advisers. The auctioneer has the right, at his absolute and sole discretion, to
refuse any bid, to advance the bidding in such a manner as he may decide, to
withdraw, divide or mix any lot, and in the case of errors or disputes, whether
during or after auctions, to determine the successful bidder, to continue the
bidding, to cancel the sale or to reoffer the lot. Any bidder hereby
irrevocably waives any claim for any punitive, incidental or consequential damage
arising out of auctions. Any bidder consents to the confidentiality of the
identity of consignors and waives any right to require disclosure of the name
of consignors or owners of any auctioned lot. Any bidder waives any contrary
provision of articles 14 or 15 of the French Civil Code as well as at any
similar provision in any jurisdiction. The courts of Novi Sad will thus have
sole jurisdiction in the event of litigation. Should any part of these terms be
held void, invalid or unenforceable by any competent jurisdiction, remaining
parts shall nevertheless remain in full force and effect without being impaired
or invalidated.