Terms of sale (on-site and website online auction)
Buyers and sellers must carefully read the following terms in the catalogue and the special meaning of the words or phrases in clause C7.
A buyer
1. This auction house only plays the role of a seller's agent.
2. Bidder and buyer
(a) The bidder means that the auction house has completed the necessary registration procedures and the individuals or companies that have been confirmed by the auction house to participate in the auction at the auction;
(b) Bidders who intend to participate in online auctions on the website must complete the online auction registration form on the website and fax the form to the auction house twenty-four hours before the auction. Approved by the auction house, the assigned set of passwords can be used to participate in the bidding;
(c) The auction house has the right to condition the time at any time and refuses any bidder/person to enter or remain at the auction venue, approve and cancel any bidder's participation in the online auction;
(d) Subject to the auction reserve price, the highest bidder approved by the auction house will become the buyer;
(e) The auction house has the right to reject any bid. If there is any dispute over the maximum bid, the auction item will continue to be auctioned by the highest bid without dispute;
(f) When bidding, the bid cannot be withdrawn and the bid per slot cannot be less than the previous bid;
(g) The bidder will be treated as the principal unless the auction house receives a written notice prior to the auction date, confirming that the bidder is only on behalf of others (must be clearly stated to represent the principal) to participate in the bidding;
3. Description of the catalogue
(a) The auction house publishes, at the catalogue or on the website, the date, artistic value, decoration, author, condition, date, valuation, authenticity, material, origin, attribution, source or The description of the dimensions is purely a statement of opinion and is for the buyer's reference. The auction house has not made any guarantees;
(b) Due to the difference in the hue, level and features of the items displayed on the catalogue due to photography and printing, the original auction item shall prevail;
(c) The buyer must carefully review the auction items that are intended to be auctioned before the auction, understand the actual situation, and be responsible for their own bidding.
4. commission
The buyer shall immediately pay the commission to the auction house at the rate of the list after the conclusion of the contract. The current commission rate is 10 to 15 percent of the bid price and agrees that the auction house may charge the seller a commission according to clause B4. The auction house reserves the right to adjust the rate at any time. All adjustments will be effective once published on the catalogue and published on the website ten days before the auction.
5. payment
After the conclusion, the buyer should immediately:
(a) submit its name, address and other reference materials required by the auction house to the auction house;
(b) pay all payments to the auction house (unless it has reached a written default agreement with the auction house earlier).
6. currency
All auctions are denominated in Hong Kong dollars unless otherwise stated.
7. Goods delivery
(a) After the buyer has paid all the money, the auction house will hand over the auction item to the buyer;
(b) If it is a local buyer, the auction house will provide free shipping service;
(c) As for overseas buyers, the auction house will charge shipping fees and insurance premiums; the auction house will provide the required fee quotation according to the buyer's delivery address, the selected shipping method and insurance coverage;
(d) packaging and handling of any sold auction items is purely the service provided by the auction house to the buyer, the buyer must bear full responsibility; if in the process of packaging and handling, either because of the negligence of the auction house, or for any reason The auction house is not responsible for any damage or loss of the auction items.
8. Responsible for auctioned items
The buyer shall pick up the sold auction items or pay all the money, whichever is earlier. It is convenient to buy all the responsibilities of the auctioned items, and any damage or loss of the sold items after the period, whether it is The auction house and its employees and brokers are not responsible for any negligence or for any reason.
9. No payment or compensation for the sale of auction items
If the buyer fails to pay all the money for the auctioned items in accordance with clause A5, and/or withdraws the sold auction items in accordance with clause A7, or the buyer violates the agreed default agreement, the auction house may not notify the buyer and does not infringe this In the case of other rights of the auction house, it may, at its discretion, exercise one or more of the following rights and recover damages;
(a) the buyer’s compensation for the loss caused by the buyer’s breach of contract;
(b) cancel any purchase or sale made by the buyer of the default at the same auction, or at any auction;
(c) If the auction is to be re-opened or privately traded, the buyer of the breach must compensate the difference between the two auctions and all the costs of the re-auction. The surplus after deducting the fee will be owned by the seller;
(d) The auction house has the right to carry it at will, or store the auction item at the auction house or anywhere else, and purchase insurance for it, and the buyer who defaults must pay the relevant insurance premium;
(e) If the buyer still fails to pay all the money within one working day after the payment date expires, the auction house has the right to request the buyer to pay the basic loan interest rate of the Hongkong and Shanghai Banking Corporation Limited plus 2% interest;
(f) withholding the auction item that the buyer has won at the same auction or at any auction until the buyer has paid all the money;
(g) The auction house may use the proceeds of the goods of the buyer who has breached the contract, the amount due or expired at any other time to pay all the money; the buyer of the default in this auction house shall, in any case, hand it over to the company. The auction house items are reserved;
(h) The auction house reserves the right to refuse or disregard any bids from the buyer or its representative in future auctions.
10. Guarantee
(a) The buyer should investigate the condition of the auction item before the auction and judge the authenticity of the auction item. All items are sold "as is". The auction house, the seller and their respective employees and brokers are not responsible for the description or authenticity of any auction item, except for the obligations accepted by the auction house under this terms of sale; the seller and its respective employees and brokers, No warranties are given for any auction items, and any express or implied terms or warranties have been withdrawn.
(b) If the buyer confirms that the auctioned item is a defective product, the sale will be cancelled if the following conditions are met, and all fees paid by the buyer will be refunded to the buyer in full (excluding interest income during the period):
(i) The buyer returns the auction item to the auction house within 14 days after the auction ends, and the auction item must be in the same condition as the auction day;
(ii) The auction house also agrees that the auction item is a counterfeit;
(iii) The buyer must have ownership of the returned auction item without any restrictions, and may be able to properly and resell the auction item without any lien or other burden;
(iv) The buyer cannot claim compensation from the auction house, resulting in direct or indirect losses;
(v) The refund cannot be transferred or transferred and must be returned to the buyer (the original invoice for the sale of the invoice for the auction item);
(c) Without prejudice to the general principles of other auction terms, the buyer shall bear in mind that neither the auction house nor the seller has given any express or implied warranties or representations of the auction items in relation to the watch, the auction house and the seller. The marketability, authenticity, attributes, provenance, condition, production or manufacturing year of these auction items are not guaranteed. No description on the catalogue can be considered a warranty or representation.
B seller
1. The auction house's right to self-determination
The auction house may make its own decisions regarding the following:
(a) whether to auction an auction item;
(b) Whether the auction item is suitable for auction, and if appropriate, the auction house has the right to determine its auction location, time, auction conditions and form;
(c) a description of any auction item on the catalogue and on the website;
(d) Whether it is necessary to seek expert advice;
(e) The display fee for the pictures placed on the catalogue and on the website shall be paid by the seller.
2. Warranty clause and indemnity
The seller must ensure that the description of the auction item is true and correct, and that the seller must provide the resaleable ownership of the auction item for the auction item and transfer it to the buyer without any lien or other burden;
3. Insurance
Unless otherwise instructed (in which case the seller is responsible for all responsibility), the auction house will purchase the compensation amount and the reserve price of the auction item for the insurance company for all auction items on behalf of the seller, or the bid price when the auction item is sold. The fire and burglary insurance (whichever is higher) and the time of insurance decision; the insurance premium payable by the seller is not less than one percent of the minimum estimate of the goods; the above insurance policy will be stated in the interest of the auction house.
4. Commissions and fees
The seller agrees and authorizes the auction house to deduct the following fees from the bid price of the auction item:
(a) 10% of the bid price of each auction item is a commission or a minimum commission of HK$200 per item, whichever is higher;
(b) 1% of the insurance premium and other related expenses (as described in clause B3);
(c) Photo display and advertising costs;
(d) the cost of cleaning, repair and supervision and other services agreed by the Seller.
5. Net proceeds from the auction
The auction house will deduct the commission and fees from the auction proceeds in accordance with clause B4, and give it to the seller within thirty-five days after the auction ends or after the buyer has paid all the money for the auction item, whichever is later.
6. Revoke the auction fine
After the auction house has ordered the printing of the catalogue, the seller may not withdraw any previous instructions unless the seller is willing to pay the auction house, and 10% of the reserve price of each auction item is used as commission and fee.
7. Unsold auction items
If the auction item is not sold, the auction house will notify the seller. The seller may decide to auction the auction item again; or pay all the fees to retrieve the auction item; if the seller does not take the above action within the 14 days of the original auction date, the auction house may notify the seller:
(a) After seven days of notice by the auction house, the seller shall be responsible for all handling, storage and insurance costs during the period;
(b) After three months of notice by the auction house, the auction house has the right to conduct the auction or private sale of the auction item as it thinks fit, and the auction house has the right to receive the net proceeds from the second auction. Deduct the entire amount owed by the seller to the auction house, including the handling fee, storage fee, insurance premium, the cost of the first auction, the commission and fees for the second auction and other reasonable charges mentioned in clause B7 (a); The balance is handed over to the seller; if the auction house fails to contact the seller, the auction house will deposit the balance and the auction house will replace the bank account opened by the seller.
8. Cancellation
If the auctioneer receives the net proceeds from the auction before the seller, the buyer receives the auction item as a counterfeit according to clause A10 (b), and the auction house agrees with the accusation, the auction house will cancel the sale and purchase the buyer. All expenses paid for the auction item are returned to the buyer in full.
C. Normal condition
1. This auction house only acts as the seller's agent and is not responsible for any breach of contract by the buyer and the seller.
2. The auction house will carefully quote the information in the catalogue and on the website and the description of the auction item, but the buyer cannot cancel the sale or purchase on the basis of any defects or deficiencies in the auction item, or the description of the item is incorrect; the auction house does not Compensation will be made for any errors in the information or for insufficient quantity.
3. The auction house has the absolute right to decide to combine or distribute the auction items or to revoke any items at auction.
4. The terms grant the indemnity to the beneficiary of the damages that can be extended to all actions, litigation, fees, expenses, claims and claims.
5. Notices issued by the auction house to any seller, consignor, bidder or buyer may be prepaid by postage or courier, provided to the auction house's Hong Kong or Macau address, and airmail or courier to Hong Kong. Or a location outside of Macau, and assume that the recipient is received one week after it is sent. The notice will be faxed to the number left or the address left by the email.
6. The terms of sale are based on the laws of the Hong Kong Special Administrative Region. All transactions and related matters mentioned in the Terms are subject to the laws of the Hong Kong Special Administrative Region. The auction house and other relevant parties must understand that the courts of the Hong Kong Special Administrative Region have exclusive jurisdiction.
7. Within the terms of sale:
(a) "This auction house" represents Jiade Art Auction Co., Ltd.
(b) “Catalogue” stands for all advertisements, posters, brochures, valuations, price lists and other publications.
(c) "Website" means Chritrs.com;
(d) “Marked price” represents the amount at which the auction house finally decides to sell the item to the buyer.
(e) "Proceeds" represent the bid price of the successfully sold items plus commission, shipping, insurance and other related expenses, and additional charges incurred by the defaulting buyer under clause A9, in Hong Kong dollars.
(f) "defective" means an article that mimics an item in an attempt to deceive the author's style, origin, date of manufacture, age, period, culture or origin without disclosure on the catalogue and on the website until the day of the auction. The value of this item is much lower than the item being imitated.
(g) "Net auction proceeds" means that the auction house deducts the commission of clause B4(a) from the "winner", the "expenses" of clauses B4(b), (c) and (d) and any auction house The amount that the seller should receive after the fee that should be charged to the seller.
(h) "List Rate" represents the commission rate set by the auction house in the auction.
(i) "Cost" means that the auction house will charge the premium for the auction item in accordance with clause B3, the terms B4(b), (c) and (d) picture display fee, special advertising fee, cleaning, repair and supervision and The cost of other services.
(j) “Valuation” For the convenience of the customer, the auction house evaluates all auction items prior to the auction as an approximate value guide for the auction item in the market; the valuation should not be considered as the price; the bid is usually from the valuation of three-thirds One or two of the amount starts, but the final vote may be lower or higher than the estimate.
8. The auction house may change any of the terms of the terms of sale at any time, and any changed terms will be posted on the catalogue or on the website and will take effect ten days later. Customers must be careful to read all notices and changes. If the customer continues to use the website after the change is published, it is deemed to accept the changed terms. If the customer refuses any changes, the participation in the auction and the termination of the use of the website shall be terminated.
9. The website may be subject to various factors beyond the control of the auction house and the website provider, so there is no guarantee that the use of the website service will be uninterrupted or uninterrupted or secure.
10. Terms of sale are available in English and Chinese, however the Chinese version of the terms of sale is for customer reference only. The customer must agree that if there is any inconsistency between the Chinese and English versions, all explanations will be subject to the English version.
11. The subject of the terms of sale
