Conditions of Sale Art Agents Galerie, LLC as Agent. Art Agents Galerie, LLC is also known as the seller, auctioneer or auctioneers in this document. The Galerie Store Members, Auction Houses as well as various other sellers on ArtAgentsGalerie.com may have their own or additional Terms and Conditions.
The lots listed in this online presentation catalogue/catalog will be offered by Art Agents Galerie, LLC as owner or as agent for consignor(s) are subject to the following terms & conditions. By buying on this website you agree to be bound by these following Conditions of Sale.
This website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this website as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this website, in its own discretion, may terminate any sale, auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this website (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying buyer/bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this, we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership to this website is only available to those you can form a legally binding contract. This website does not permit minors (under 18) to register. If any member fails to sign up with their correct age the account will be terminated immediately.
This site acts as the window for sellers to conduct sales and for buyers to purchase on sellers' items. We are not involved in all the actual transactions between buyers and sellers, except for those buyers or sellers who sometimes wish us to do so. As a result, in many cases, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have purchased or made offers on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
This Website shall not be responsible for any items sold, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
This website assumes no liability for the content of the listings. However, if you fall, victim of a fraudulent transaction, we will assist you as much as we possibly can.
These Terms of Service shall be governed by and constructed in accordance with the laws of the USA and the state of Arizona and any disputes will be decided only by the Courts of the USA and the state of Arizona.
+ additional Detailed Terms and Conditions
The lots listed in this online presentation catalogue/catalog will be offered by Art Agents Galerie, LLC as owner or as agent for consignor(s) are subject to the following terms & conditions. By purchasing or bidding at auction you agree to be bound by these following Conditions of Sale.
Prior to Sale - Prospective buyers are strongly advised to examine any property online in which they are interested in prior to purchasing or before the auction takes place. In some instances, Condition reports are usually available on request, generally, they can be found on the ArtAgentsGalerie.com website. All lots on our Website be they eCommerce or Auctions are sold 'AS IS' and without recourse and neither Art Agents Galerie, LLC nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Art Agents Galerie, LLC nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the online presentation catalogue/catalog or other description of the physical condition, size/dimensions, quality, rarity, importance, medium, material, color accuracy, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the online presentation catalogue/catalog, or in supplements to the online presentation catalogue/catalog, an advertisement, an invoice or bill of sale, a sales posting or announcement, the remarks of a seller/auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Art Agents Galerie, LLC and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Art Agents Galerie, LLC expressly reserves the right to reproduce any image of the lots sold in the online presentation catalogue/catalog.
At the Online Sale, Refusal of Admission or Participation - Art Agents Galerie, LLC has the right, at our complete discretion, to refuse admission or participation in any sale or auction and to reject any purchase or bid.
Registration prior to Purchasing or Bidding- A prospective buyer must complete an online registration form with Art Agents Galerie, LLC and at our discretion provide identification before bidding. In addition, we may require a bank or other financial references.
Purchasing outright or Bidding as Principal - When making a purchase or bid, a purchaser or bidder is accepting the personal liability to pay the purchase price, including the buyer's premium if any, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing/message with Art Agents Galerie, LLC before the commencement of the sale that the purchaser/bidder is acting as agent on behalf of an identified third party acceptable to Art Agents Galerie, LLC, and that Art Agents Galerie, LLC will only look to the principal for payment. Absentee Purchases/Bids ' We will use reasonable efforts to carry out written purchases/bids given to us prior to the sale for the convenience of clients who are not present at the online catalog or online auction in person, by an agent or by telephone. Purchases/Bids must be placed in U.S. dollars. If we receive written purchases/bids on a particular lot for identical amounts, and these are the highest amounts on the lot at the sale/auction, it will be sold to the person whose written bid was received and accepted first. Execution of written purchases/bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written purchase/bid or for errors and omissions in connection with the written purchase/bid.
Telephone Purchases/Bids - Telephone purchases/bids may be recorded at the discretion of Art Agents Galerie, LLC. Telephone purchasing/bidding and it’s availability are at the sole discretion of Art Agents Galerie, LLC.
Online Purchasing/Bids/Buying/Bidding - We will use reasonable efforts to carry out online purchases/bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online purchases/bids.
Reserves - Some lots in the sale are subject to a reserve or low price on Make Offer which is the confidential minimum price below which such lot will not be sold. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Art Agents Galerie, LLC We may open the purchasing/bidding on any lot below the reserve or low price by placing a bid or offer on behalf of the seller. We may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other purchasers/bidders. With respect to lots that are offered without reserve, unless there are already competing purchase amounts/bids, Art Agents Galerie, LLC, in their discretion, will generally open the purchasing/bidding at half of the low estimate for the lot. In the absence of a bid at that level, we may proceed backward at his or her discretion until a purchase/bid is recognized, and then continue up from that amount.
Art Agents Galerie, LLC Discretion - Art Agents Galerie, LLC has the right at our absolute and sole discretion to refuse any purchase/bid, to advance the purchase/bidding in such a manner as we may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful purchaser/bidder, to continue the selling/bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
After the Sale Buyer's Premium, Taxes - In addition to the hammer or purchase price, the buyer agrees to pay Art Agents Galerie, LLC a buyer's premium if applicable and the applicable sales tax added or that sales tax to the final total. All purchasers/bidders will be notified of any buyer's premium for all purchases via online or other purchasing/bidding and including Tax Exempt Notice Lots marked with an asterisk (*) are tax exempt as permitted by law.
Collecting Purchases - Once Art Agents Galerie, LLC has received all funds due to us, the buyer shall collect purchased lots via shipment of choice if available within shippers terms and conditions of time from the date of the shipment. All shipping details are controlled by Seller and in some cases Art Agents Galerie, LLC
Packing and Shipping - If your purchase or bid is successful, we can assist with the shipping and packing through and with the consignee or the party selling as they are responsible for packing unless a special arrangement has been made by all parties.. You the buyer are responsible for freight and insurance. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. The property will not be released to the shipper without the buyer's written or verbal consent and until payment has been made in full. Packing and handling of purchased lots by us are at the entire risk of the purchaser, and Art Agents Galerie, LLC will have no liability of any loss or damage to such items. Non Payment. If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
1.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
2.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
3.) to cancel the sale
4.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public sale or auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by EFT’s (Electronic Funds Transfers), checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.
5.) to offset against any amount owed
6.) to not allow any offers or bids at any upcoming sale or auction by or on behalf of the buyer
7.) to take other action as we find necessary or appropriate. Failure to Collect Purchases - If property in some cases resides with Art Agents Galerie, LLC and is not picked up within seven (7) business days following the sale, whether or not payment has been made, Art Agents Galerie, LLC reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Art Agents Galerie, LLC shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises, the consignee’s premises or any other premise where the item/lot(s) are located or for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you. LIABILITY Condition Reports ' Art Agents Galerie, LLC is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Purchased Lots ' If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, delivered incorrectly, free astray, or lost prior to delivery, Art Agents Galerie, LLC shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications: The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the sale or auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Arizona. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion - Any and all of the conditions may be waived or modified in the sole discretion of Art Agents Galerie, LLC Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will be determined by Art Agents Galerie, LLC at their sole discretion. In the event of a dispute between purchasers/bidders, Art Agents Galerie, LLC has final discretion to determine the successful purchaser/bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the Art Agents Galerie, LLC sale record shall be conclusive. Title passes to the highest acknowledged purchaser/bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium if any, all applicable taxes and other charges) no later than 5 p.m. on the fifth (5) business day following the sale. Payment in U.S. dollars may be made with a EFT’s (Electronic Funds Transfer), bank check or cashier's check drawn on a U.S. bank; money order; or preferably a EFT wire transfer unless other arrangements are made with Art Agents Galerie, LLC. Art Agents Galerie, LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Art Agents Galerie, LLC a handling charge of $50 for any check dishonored by the drawee.
Price Bid Increments:
From $0 to $99 = $10 increment
From $100 to $799 = $25 increment
From $800 to $2499 = $50 increment
From $2,500 to $7999 = $100 increment
From $8,000 to $14,999 = $200 increment
From $15,000 to $29,999 = $500 increment
From $30,000 to 200,000.00 = $1,000 increment
or auctioneer's discretion