Terms and Conditions

This document sets out the Terms and Conditions (“Terms”) on which Auc.Art Limited (“Auc.Art”, “We”, “Us” or “Our”) provides you (“You” or “Your” With its Platform [aucart.com] (“Platform”).

Please read these Terms and Conditions of sales carefully before using the website. You acknowledge that by using the platform, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the platform. If you are using the platform on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were written negotiated agreement signed by your employer. 

These Terms may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform.

Important Notice: 

The Platform allows you to bid & purchase via Auc.Art. The Artist has consigned the Property to Auc.Art pursuant to a consignment agreement, whereby Auc.Art has been appointed by the Artist to act as its agent in arranging the sale and purchase of the Property through the Platform or otherwise. 

Auc.Art is not the seller of the Property, but provide certain services in connection with your bidding and purchase of the Property. The sale of the Property through the Platform is conducted pursuant to the authority Auc.Art has received from the Artist. Auc.Art is authorised by the Artist to sell the Property on his/her behalf and therefore any contract for sale for the Property will be between you and the applicable Artist. Auc.Art is not a party to that contract of sale and you and the Artist will each be separately responsible and liable to one another under the terms of that contract. Auc.Art provide more information on this relationship below.

INFORMATION ABOUT AUC.ART AND THE PLATFORM

Are at least 18 years old;

Have the capacity to agree to these Terms;

Are not in any way prevented by law in the country which you are currently located to enter into these Terms.

1. SIGNING UP TO THE PLATFORM

Details on the registration process. By registering your details and becoming a User you consent to Auc.Art conducting verification and security procedures in respect of the information provided by you online.

You hereby warrant that the information provided by you to Auc.Art is true, accurate and correct. You further warrant that you shall promptly notify Auc.Art in the event of any changes to such information.

Upon the completion and submission of the online registration form on the Platform, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Profile. Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.

Keep your login details safe. You shall keep your registration details for the Platform (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Auc.Art, Auc.Art reserve the right to promptly disable your Login Details and suspend your access to the Platform in the event that Auc.Art have any reason to believe you have breached these Terms.

Details on the registration process. By registering your details and becoming a User you consent to Auc.Art conducting verification and security procedures in respect of the information provided by you online.

You hereby warrant that the information provided by you to Auc.Art is true, accurate and correct. You further warrant that you shall promptly notify Auc.Art in the event of any changes to such information.

Upon the completion and submission of the online registration form on the Platform, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Profile. Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.

Keep your login details safe. You shall keep your registration details for the Platform (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Auc.Art, Auc.Art reserve the right to promptly disable your Login Details and suspend your access to the Platform in the event that Auc.Art have any reason to believe you have breached these Terms.

2. FORMATION OF CONTRACT BETWEEN US

How your Contract with Auc.Art is formed. Your contract (“Contract”) with Auc.Art shall commence at such time as you activate your registration through the link provided in your Verification Email. If you are a Visitor, your Contract shall commence upon your visit to the Platform and continue for the duration of such visit to the Platform.

Auc.Art can reject your registration. Notwithstanding clause *, Auc.Art can:

Accept or reject your application to register for any reason; and

Refuse you access to the Platform (partly or wholly) if you breach any of the provisions hereunder.

How long will your Contract with Auc.Art continue. Unless otherwise expressly set out to the contrary herein, your Contract with Auc.Art shall remain in force for the duration in which you continue to use the Platform and until terminated in accordance with these Terms.

How you can terminate your Contract. As a User, you may terminate your Contract with Auc.Art at any time by contacting Auc.Art at info@aucart.com or by deleting your Profile, provided you have no Bids pursuant to an existing Listing or have not otherwise entered into a binding contract with the Artist to purchase Property.

*Auc.Art can terminate your Contract. Auc.Art may terminate your Contract at any time and for any reason by providing seven (7) days notice to you in writing or by e-mail.

Suspending your access to the Platform and terminating your Contract. Auc.Art may suspend your access to the Platform and terminate your Contract at any time and without notice to you if:

The third party services and network providers cease to make the third party service or network available to Auc.Art;

Auc.Art believe that you or someone using your Login Details has failed to comply with one or more of these Terms;

Auc.Art believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Platform (in whole or in part);

Auc.Art believe that you have provided it with any false, inaccurate or misleading information.

3. YOUR OBLIGATIONS

You agree that you are solely responsible and liable for all activities on the Platform.

What happens if someone else uses your login details. You must promptly notify Auc.Art in the event there is a breach of security or any unauthorised use of your Login Details.

What you can and can’t post on the Platform. You shall not post on the Platform any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Profile or elsewhere on the Platform, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:

Provide instructional information about illegal activities, including violating someone else’s Privacy or providing or creating computer viruses;

Promote or contain information that you know or believe to be inaccurate, false or misleading;

Engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Auc.Art prior written consent; or Infringe any rights of any third party.

More restrictions regarding your use of the Platform. You further agree that at all times, you shall:

Not use your Login Details with the intent of impersonating another person;

Not allow any other person to use your Login Details;

Not use the information presented on or obtained using the Platform for any purposes other than those expressly set out in these Terms;

Not use the Platform, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;

Comply with all instructions and policies from Auc.Art from time to time in respect of the Platform;

Not interfere with any User transaction conducted through the Platform;

Not attempt to contact any Artist outside of the Platform or take any other action for the purpose of circumventing payment of the Property through the Platform;

What happens if you are in breach of this clause. In the event that Auc.Art, in its sole and absolute discretion, consider that you have breached any of the terms set out in the clause above, Auc.Art reserve the right to immediately terminate without notice your use of and access to the Platform; in the case of illegal use of the Platform, Auc.Art reserve the right the take legal proceedings against you as appropriate.

4. OUR RIGHTS AND OBLIGATIONS

Auc.Art can make changes to the Platform. Auc.Art reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue any aspect or features of the Platform without notice.

Auc.Art can restrict your access to the Platform. Auc.Art shall be entitled at its own discretion to suspend the Platform (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Platform (wholly or partly).

Auc.Art’s reliance on third party providers could impact the availability of the Platform. Auc.Art relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Platform available to you. Whilst Auc.Art take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that Auc.Art do not warrant that the Platform shall be uninterrupted or fault-free at all times. Auc.Art therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Platform as a result of Auc.Art’s service providers.

Updating these Terms and how this is notified to you. Auc.Art may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Platform. Your continued use of the Platform (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms. If you do not agree with the changes to these Terms, you will not be permitted to use the Platform and you may terminate your Contract with Auc.Art.

5. BIDDING FOR PROPERTY

The bidding system. You may place a bid on any Property auctioned as part of a listing on the Platform (“Listing”), which involves you either manually entering an amount or using our automatic bidding system, stating the maximum amount you are willing to pay for the Property (“Bid”). 

A Bid is a binding contract that’s active until a Listing ends. Once you place a Bid, you need to pay for the Property if you’re the person with the highest Bid at the end of the auction Listing (“Winning Bidder”). Retracting Bids is only permitted in certain limited circumstances. If a Listing permits retraction of Bids, you will need to comply with any time restrictions referred to in the Listing. If the Listing does not expressly permit you to retract your Bid, you may contact Auc.Art to request that your Bid is cancelled, although Auc.Art are under no obligation to accept your request.

Meeting a Property’s Reserve. Certain Property may be offered for sale subject to a reserve price (“Reserve”), which is the confidential minimum price below which the Property will not be sold. Once the reserve has been met the highest bidder is legally bound to purchase the property. Auc.Art may implement the Reserve for any Property by opening bidding on behalf of the Artist, and may continue to bid on behalf of the Artist up to the amount of the Reserve, by placing consecutive or successive bids or bids in response to other bidders.

If you decide to “Buy Now” You can purchase the Property without taking part in any bidding process. The “Buy Now” price for any Property will be the price indicated on the Listing. Auc.Art take all reasonable care to ensure that the “Buy Now” price of the Property advised to you is an accurate market value. A Property is only marked as “sold” once payment is received.

You are responsible for reading the full Listing before making a Bid or agreeing to any “Buy It Now” option. Each Listing will have a specified listing period. No Bids may be placed once this period has ended.

The countdown clock. Any countdown clock displayed in connection with an auction is provided for general informational use only and does not constitute any warranty as to the closing time of any Property.

After placing your Bid, you will receive an email from Auc.Art confirming your Bid has been successfully placed (“Bid Confirmation Email”). Your Bid constitutes an offer to Auc.Art to buy the Property and you acknowledge and agree you will be contractually bound to purchase that Property if you are the highest bidder at the end of the auction Listing.

If a bid placed by another User, through the Platform or otherwise, exceeds the maximum value of your Bid, Auc.Art will email you to confirm you have been outbid.

Subject to meeting any Reserve, if you are the highest bidder at the end of the Listing or you have selected “Buy It Now”, Auc.Art will send you an email confirming you are the Winning Bidder (“The Winning Bid Confirmation”). The Winning Bid Confirmation will confirm the final price payable by you for the Property (“Price”), delivery charges, as well as contain details of your Property and instructions regarding how your Property will be delivered or how you should collect your Property.

You enter into a legally binding contract with the Artist to purchase a Property when you receive the Winning Bid Confirmation (“Purchase Agreement”). The Artist is only obliged to supply the Property to the Winning Bidder. In the event of a dispute regarding the Winning Bidder, Auc.Art’s decision is final.

You are prohibited from bidding on or purchasing Property where you have no intention of completing the transaction.

Shill bidding is strictly prohibited. If you are the owner of any listed Property or you know the applicable Artist, you are not permitted to place a Bid for that Property, although you may exercise the “Buy Now” feature where offered as a purchasing option.

6. PAYMENT

Payment of the Price. You acknowledge and agree to make payment in full of the Price within 7 days of receiving the Winning Bid Confirmation. Payment for all Property must be made through the Platform’s online payment facility.

The Price shall be exclusive of VAT and all other applicable sales tax, unless otherwise expressly set out in the listing. Payment is made in pounds sterling (GBP). You are liable for all costs associated with making such payment in pounds sterling regardless of your home currency (including all associated bank charges). If Auc.Art incurs any bank charges resulting from your payment, we may recover such charges from you.

Additional tax and duties. You are liable to pay additional taxes and charges such as import VAT and customs duty if the Property is shipped to the country you designate.

You acknowledge and agree that, notwithstanding the fact that Auc.Art is not a party to the Purchase Agreement between you and the Artist, Auc.Art act as the Artist’s agent for accepting payments of the Price from you on their behalf. You agree to pay Auc.Art the Price listed in the Winning Bid Confirmation (as the Artist’s payment collection agent), together with any associated delivery charges.

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Auc.Art or its payment processor. You agree to pay Auc.Art the Price by one of the methods described on the Platform. You hereby authorise the collection of such amounts using the method selected by you through the Platform, either directly by Auc.Art or indirectly, via Auc.Art’s payment processor. If you are directed to Auc.Art’s payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.

7. DELIVERY

Auc.Art does not pack or ship the Property or provide any insurance in relation thereto. Auc.Art will, on your behalf and at your expense, procure shipping services by third party shippers. The shipper will ship the Property as your agent to the address designated by you. Auc.Art shall not be liable for any damaged or lost Property, which shall remain the responsibility of the third party shipping company.

You are liable to pay all shipping costs incurred in relation to any Property purchased through the Platform. Shipping costs must be made direct to the applicable shipping provider.

As the seller, the Artist is in possession of the Property. Auc.Art shall use reasonable endeavours to ensure that the Artist releases the Property purchased by you within seven (7) days of the Artist being notified by Auc.Art that Auc.Art have received the Price in cleared funds. If the Artist fails to release the Property for shipping within thirty (30) days from the date of Auc.Art’s receipt of the Price in cleared funds, you acknowledge that your sole remedy shall be a refund of the Price paid to Auc.Art.

8. RIGHT TO REFUSE RELEASE OF ARTWORK

If:

  1. you do not make any payment to Auc.Art when it is due and Auc.Art has not received payment within 7 days of Auc.Art reminding you that payment is due;
  2. you do not, within a reasonable time of Auc.Art asking for it, provide the third party shipper with information that is necessary for them to deliver the Property, for example, delivery timings; or
  3. you do not, within a reasonable time, allow the third party shipper to deliver the Property to you,

Auc.Art may withhold instruction to the Artist to release the Property to the third party shipper.

In the event any of the situations set out in this clause 8 occur, Auc.Art will refund the Price you have paid in advance for the Property, but you acknowledge that Auc.Art may deduct reasonable compensation on behalf of the Artist for the net costs incurred as a result of your breach of the Purchase Agreement. You acknowledge that a breach of clause 8 may result in the cancellation of your Purchase Agreement and you will no longer be entitled to receive the Property.

8.B RETURN OF ARTWORK 

1. According to UK & EU Law You have 14 days to request a refund.

2. You must return the item within 14 days from the day you requested a refund. 

3. You must pay for the cost of returning the item. 

9. QUALITY OF THE ARTWORK

Auc.Art are not responsible for the Property. As agent for the Artist, Auc.Art have been granted the authority to sell the Property on the Artist’s behalf. Auc.Art are not liable for the quality or authenticity of any Property and Auc.Art do not warrant, represent or guarantee that the Property is original or is the Artist’s own creation. Purchase of the Property is at your own risk. Auc.Art do not transfer and are not responsible for transferring legal ownership of any Property from the Artist to a Buyer.

Auc.Art is not responsible for disputes between Buyers and Artists. In the event that you, the Buyer, have a dispute with an Artist, you hereby release Auc.Art from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

How to tell Auc.Art about a problem. If you, as a Buyer, have any questions or complaints about the Property you have purchased, please let Auc.Art know by contacting Auc.Art using the contact details in these Terms. Auc.Art will put you in touch with the Artist who can deal with your question or complaint.

Summary of your legal rights as a Buyer. As an Artist, you are under a legal duty to supply Property that is of satisfactory quality and in conformity with its description. In particular, as an Artist you are required to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which provide Buyers with certain rights to cancel the purchase of Property and obtain a refund. Nothing in these Terms will affect a Buyer’s legal rights against an Artist regarding the Property purchased through the Platform. All cancellations and returns shall be the responsibility of the Artist. All cancellation and returns shall be handled by the Artist, unless otherwise agreed by Auc.Art.

Your obligation to return rejected Property. If you, as a Buyer, wish to exercise your legal rights to reject the Property, you must notify Auc.Art and you will be required to ship it back to the Artist at your own expense.

10. YOUR RELATIONSHIP WITH OTHER USERS

What the Platform should be used for. The Platform is designed solely for the purpose of viewing, bidding and purchasing Property subject to Listings.

Auc.Art act only as an agent in the sale of Property. You acknowledge and agree that Auc.Art only provide you with access to the Platform as a means of facilitating your purchase of the Property.

11. OUR AFFILIATIONS AND LINKING

Third party links may appear on the Platform. The Platform provides links to and content from third party websites. Such third party websites are not Auc.Art’s responsibility and accordingly Auc.Art accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.

Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on the Platform, you acknowledge and agree to abide by the terms and conditions of such third party website.

12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

Do not rely on User Submissions. Auc.Art do not verify and do not have any control in respect of any User Submission. Auc.Art do not warrant or guarantee the accuracy, Who we are. The Platform is owned and managed, operated and maintained by Auc.Art Ltd, a company registered in England and Wales with company registration number 10089411, and having its registered address at 14 Weller Street, London, SE1 1QU C/O Waterfront Solicitors LLP.

How to contact us. You can contact us by emailing us at info@aucart.com.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your registration as a User.

The purpose of our Platform. The Platform is an online marketplace for purchasing various original artworks made available through the Platform by Auc.Art (“Property”) on behalf of the creator or owner of the Property (“Artist”).

PRELIMINARY INFORMATION

Assurances Auc.Art require from you.

You:

correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Platform. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, you do so at your own risk and liability.

Auc.Art is not responsible for any loss or damage that is not foreseeable.

Auc.Art have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to clause 12, Auc.Art’s maximum aggregate liability to You under or in connection with this Agreement will be limited to the higher of:

  1. the amount of fees which you have paid to Auc.Art pursuant to these Terms in the 12 months prior to the action giving rise to the liability; and
  2. one hundred pounds sterling (£100). Auc.Art do not exclude or limit in any way Auc.Art’s for:
  3. death or personal injury caused by Auc.Art’s negligence or the negligence of Auc.Art’s employees, agents or subcontractors;
  4. fraud or fraudulent misrepresentation.

13. DISCLAIMER

Auc.Art do not endorse any advice or recommendations from Users. You acknowledge and agree that where the Platform includes views, opinions, advice or recommendations from Users, such views, opinions, advice and recommendations are not endorsed by Auc.Art and to the maximum extent permitted by law, Auc.Art exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.

Any reliance on User Submissions is at your own risk. All information published on the Platform including without limitation the User Submission, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Platform shall be at your own risk and Auc.Art shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and /or User Submission.

Commentary and other materials posted on the Platform by Auc.Art is for information purposes only and should not be taken as advice on taking any specific course of action. Auc.Art therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User to the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Auc.Art (including through the Platform) shall remain solely with you.

14. INTELLECTUAL PROPERTY RIGHTS

Our rights to the Platform. Auc.Art and its licensors own all the intellectual property rights relating to the Platform. As between you and Auc.Art, Auc.Art own and retain, solely and exclusively all right, title and interest in and to the Platform, the look and feel, design and organisation of the Platform, all content Auc.Art provide on or through the Platform (“Auc.Art Content”), and the compilation of all content (including Auc.Art Content, Property and User Submissions) including all copyrights, moral rights, trademarks, trade secrets, patent rights, database rights and all other intellectual property rights contained therein.

You are expressly prohibited from:

Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Platform; and Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Auc.Art and/or its licensors, and doing anything which may be seen to take unfair advantage of Auc.Art’s reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Auc.Art.

Ownership of the Property and Auc.Art’s rights to it. Auc.Art have been exclusively consigned the Property to sell on the Artist’s behalf. Auc.Art do not own the Property or any intellectual property rights contained therein. All rights to the Property (including all intellectual property rights) are retained by the Artist.

15. CONFIDENTIALITY AND PRIVACY POLICY

Our use of your personal data submitted to Auc.Art. Auc.Art comply with the Data Protection Act 1998 (“Act”) and all other successor legislation and regulations in the performance of its obligations under these Terms. Please click [here] to view Auc.Art’s Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.

You shall not disclose to any person any confidential information or trade secrets relating to Auc.Art’s business or any transactions concluded by you through the Platform, including Auc.Art’s business model or system, publication of the Price of any Property or disclosing the fact that any Property remains unsold for any reason.

You shall not do anything which may damage or impair Auc.Art’s business or reputation or which may otherwise, in Auc.Art’s reasonable opinion, bring or is likely to bring Auc.Art’s business into disrepute.

16. DISPUTES AND COMPLAINTS

What to do if you want to complain about a User. If you have any complaints in relation to another User, Auc.Art would advise in the first instance to discuss this with that User. In the event that such discussions do not result in a resolution to the complaint, you may contact using the details at clause 1 above. Auc.Art will use its reasonable endeavours to respond to any such complaints within a reasonable time, and take reasonable action which Auc.Art deem appropriate to resolve or rectify the subject matter of such complaints.

If you think a User is in breach of these Terms. If you have reason to believe that any of the Terms herein have been breached or you have a complaint to make, please send an email to: info@aucart.com . All notification and communication to Auc.Art should be sent to the contact details provided herein.

17. EVENTS OUTSIDE OUR REASONABLE CONTROL

Auc.Art will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside Our Control.

What is meant by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond Auc.Art’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of Auc.Art’s obligations under this Agreement:

  • Auc.Art will contact You as soon as reasonably possible to notify you; and
  • Auc.Art’s obligations under this Agreement will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.

18. OTHER IMPORTANT TERMS

Auc.Art may transfer this agreement to someone else. Auc.Art may transfer its rights and obligations under these terms to another organisation.

You need Auc.Art’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if Auc.Art agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and Auc.Art. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if Auc.Art delay in enforcing this contract, Auc.Art can still enforce it later. If Auc.Art do not insist immediately that you do anything you are required to do under these terms, or if Auc.Art delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Auc.Art taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.

Only these Terms apply to your contract with Auc.Art. These Terms and any document expressly referred to in them represent the entire agreement between you and Auc.Art in respect of your use of the Platform, and shall supersede any prior agreement, understanding or arrangement between you and Auc.Art, whether oral or in writing.

These Conditions of Sale (“Conditions”) FROM PART OF THE TERMS AND CONDITIONS (“TERMS”) (FOUND HERE [insert link]) UPON WHICH AUC.ART Limited provide you with access to the platform. Unless the context otherwise requires, words and expressions defined in, or to be construed in accordance with, the TERMS shall have the same meanings and construction when used in these conditions.

By using the platform to buy, bid on OR enquire about any property, you (“you” or “your”) agree to be bound by these Conditions. Please read these Conditions carefully.

These conditions may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform. 

INFORMATION ABOUT AUC.ART

Who we are. The Platform is owned, managed, operated and maintained by Auc.Art Ltd, a company registered in England and Wales with company registration number 10089411, and having its registered address at 14 Weller Street, C/O Waterfront Solicitors LLP, London, SE1 1QU

How to contact us. You can contact us by emailing us at info@aucart.com

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your registration as a User.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

These Conditions of Sale only apply to you as a “Buyer”registered on the Platform.

BIDDING FOR PROPERTY

The bidding system. You may place a bid on any Property auctioned as part of a listing on the Platform (“Listing”), which involves you either manually entering an amount or using our automatic bidding system, stating the maximum amount you are willing to pay for the Property (“Bid”). When you use the automatic bidding system, you enter the maximum amount that you are willing to pay for the Property (“Maximum Bid”). When you enter your Maximum Bid, the system will automatically place a bid for you at the amount of the next minimum bid, according to our automatic bidding increments. As the auction continues, the system will continue to bid automatically for you by increments, up to your Maximum Bid, only as much as necessary to maintain your position as the highest bidder. Auc.Art may modify, add or remove bidding increments at our sole discretion at any time before, during or after any auction.

A Bid is a binding contract that’s active until a Listing ends. Once you place a Bid, you need to pay for the Property if you’re the person with the highest Bid at the end of the auction Listing (“Winning Bidder”). Retracting Bids is only permitted in certain limited circumstances. If a Listing permits retraction of Bids, you will need to comply with any time restrictions referred to in the Listing. If the Listing does not expressly permit you to retract your Bid, you may contact Auc.Art to request that your Bid is cancelled, although Auc.Art are under no obligation to accept your request.

Meeting a Property’s Reserve. Certain Property may be offered for sale subject to a reserve price (“Reserve”), which is the confidential minimum price below which the Property will not be sold. When you bid on Property with a Reserve, if your Maximum Bid meets or exceeds the Reserve, the system will automatically increase your Bid to meet the Reserve, according to our automatic bidding increments. Auc.Art may implement the Reserve for any Property by opening bidding on behalf of the Artist, and may continue to bid on behalf of the Artist up to the amount of the Reserve, by placing consecutive or successive bids or bids in response to other bidders.

If you decide to “Buy It Now” you can purchase the Property without taking part in any bidding process, unless a Bid has already been placed by another User that meets or exceeds the Reserve. The “Buy It Now” price for any Property will be the price indicated on the Listing. Auc.Art take all reasonable care to ensure that the “Buy It Now” price of the Property advised to you is an accurate market value. A Property is only marked as “sold” once payment is received.

You are responsible for reading the full Listing before making a Bid or agreeing to any “Buy It Now” option. Each Listing will have a specified listing period. No Bids may be placed once this period has ended. Any countdown clock displayed in connection with an auction is provided for general informational use only and does not constitute any warranty as to the closing time of any auction.

After placing your Bid, you will receive an email from Auc.Art confirming your Bid has been successfully placed (“Bid Confirmation Email”). Your Bid constitutes an offer to Auc.Art to buy the Property and you acknowledge and agree you will be contractually bound to purchase that Property if you are the highest bidder at the end of the auction Listing.

If a bid placed by another User, through the Platform or otherwise, exceeds the maximum value of your Bid, Auc.Art will email you to confirm you have been outbid.

Subject to meeting any Reserve, if you are the highest bidder at the end of the Listing or you have selected “Buy It Now”, Auc.Art will send you an email confirming you are the Winning Bidder (“The Winning Bid Confirmation”). The Winning Bid Confirmation will confirm the final price payable by you for the Property (“Price”), delivery charges, as well as contain details of your Property and instructions regarding how your Property will be delivered or how you should collect your Property.

You enter into a legally binding contract with the Artist to purchase a Property when you receive the Winning Bid Confirmation (“Purchase Agreement”). The Artist is only obliged to supply the Property to the Winning Bidder. In the event of a dispute regarding the Winning Bidder, Auc.Art’s decision is final.

You are prohibited from bidding on or purchasing Property where you have no intention of completing the transaction.

Shill bidding is strictly prohibited. If you are the owner of any listed Property or you know the applicable Artist, you are not permitted to place a Bid for that Property, although you may exercise the “Buy It Now” feature where offered as a purchasing option.

If you use the Platform to Bid for any Listing, you agree that we may provide the Artist with your name, email address and bidding information.

We do not transfer and are not responsible for transferring legal ownership of Property from the Artist to you.

We may withdraw Property from a Listing at any time, and will have no liability whatsoever for any such withdrawal whether before, during or after any auction.

PAYMENT

Payment of the Price. You acknowledge and agree to make payment in full of the Price within 7 days of receiving the Winning Bid Confirmation. Payment for all Property must be made through the Platform’s online payment facility.

The Price shall be exclusive of VAT and all other applicable sales tax, unless otherwise expressly set out in the Listing. Payment is made in pounds sterling (GBP). You are liable for all costs associated with making such payment in pounds sterling regardless of your home currency (including all associated bank charges). If Auc.Art incurs any bank charges resulting from your payment, we may recover such charges from you.

Additional tax and duties. You are liable to pay additional taxes and charges such as import VAT and customs duty if the Property is shipped to the country you designate.

You acknowledge and agree that, notwithstanding the fact that Auc.Art is not a party to the Purchase Agreement between you and the Artist, Auc.Art act as the Artist’s agent for accepting payments of the Price from you on their behalf. You agree to pay Auc.Art the Price listed in the Winning Bid Confirmation (as the Artist’s payment collection agent), together with any associated delivery charges.

In connection with your payment of the Price, you will be asked to provide customary billing information such as name, billing address and credit card information either to Auc.Art or its payment processor. You agree to pay Auc.Art the Price by one of the methods described on the Platform. You hereby authorise the collection of such amounts using the method selected by you through the Platform, either directly by Auc.Art or indirectly, via Auc.Art’s payment processor. If you are directed to Auc.Art’s payment processor, you may be subject to the terms and conditions governing the use of their service. Please review such terms and conditions before using the processing services.

You acknowledge that: (i) some countries may prohibit or require a license or permit in order to export or import some Property; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some Property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some Property exported from those countries. We do not warrant or represent whether any Property is or is not subject to any such laws or restrictions. It is solely your responsibility to determine and obtain at your own cost any necessary export and/or import licenses and other required permits for Property.

SHIPPING/HANDLING

Auc.Art does not pack or ship the Property, but acts as a facilitator between you, and the artist via a third party designated shipping service. The shipper will ship the Property as your agent to the address designated by Auc.Art.

Auc.Art does not take any responsibility for damage incurred during shipping this includes but is not limited to any claims for loss or damage and/or costs or expenses (including but not limited to legal fees or expenses). Should damage be occured this a dispute between the artist, shippers and the yourself  Auc.Art can assist when applicable.Should damage occur the responsible party (artist or third party shipper) must refund shipping amount.

You are liable to pay all shipping costs incurred in relation to any Property purchased through the Platform. Shipping costs must be made via Auc.Art, unless you already have a designated shipper in which case we would facilitate but you would settle shipping costs directly with your designated shipper. Auc.Art shall not be liable for any damaged or lost Property, which shall remain the responsibility of the third party shipping company. 

RIGHT TO REFUSE RELEASE OF ARTWORK

If:

  1. you do not make any payment to Auc.Art when it is due and/or Auc.Art has not received payment within 7 days of Auc.Art reminding you that payment is due;
  2. you do not, within a reasonable time of Auc.Art asking for it, provide the third party shipper with information that is necessary for them to deliver the Property, for example, delivery timings; or
  3. you do not, within a reasonable time, allow the third party shipper to deliver the Property to you (e.g. you are not present at the delivery location to receive the Property),

Auc.Art may withhold instruction to the Artist to release the Property to the third party shipper and cancel the sale of such Property to you. Following any cancellation, we may re-list the Property for auction through the Platform.

In the event of our cancellation of the sale in accordance with this clause , Auc.Art will refund the Price you have paid in advance for the Property, but you acknowledge that Auc.Art may deduct reasonable compensation on behalf of the Artist & Auc.Art for the net costs incurred as a result of your breach of the Purchase Agreement. You acknowledge that a breach of any of the clauses above may result in the cancellation of your Purchase Agreement and you will no longer be entitled to receive the Property.

As the seller, the Artist is in possession of the Property. Auc.Art shall use reasonable endeavours to ensure that the Artist releases the Property purchased by you within seven (7) days of the Artist being notified by Auc.Art that Auc.Art have received the Price in cleared funds. If the Artist fails to release the Property for shipping within thirty (30) days from the date of Auc.Art’s receipt of the Price in cleared funds, you acknowledge that your sole remedy shall be a refund of the Price paid to Auc.Art.

RELEASE

If you have disputed with an artist, to the fullest extent permitted by applicable law, you release us from all claims, demands, and damages (actual and consequential), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

You can access the Platform either as a visitor (“Visitor”) or by signing up with the Platform and becoming a User. As a Visitor, you will have limited access to the functionality of the Platform.

How to become a User. Access to the full functionality of the Platform is subject to registration through the Platform to become a user (“User”). As a User, you can create your own profile for the purpose of using the Platform, which is made available to other Users (“Profile”). If you have registered to purchase Property, you shall be deemed a “Buyer”. If you have registered following the signing of a consignment agreement with Auc.Art for a Property, you shall be deemed an Artist. These Terms apply regardless of whether you are a Buyer or an Artist, save for clauses 7, 8, 9 and 10, which only apply to Buyers.

As an Artist, you will have limited use of the Platform. You are strictly prohibited from placing a Bid on, or otherwise participating in any Listing of, your Property.