1 This Site
This website (our "Site") is operated by Exhibit Auctions Ltd, a company registered in Scotland with registered number SC664937 and having its registered office c/o Defacto Fd, Merlin House, Mossland Road, Glasgow, G52 5XZ ("we", "our", "us").
2 Our Terms
2.1 Our Site is an auction site, where you (a "bidder/buyer") may bid for and purchase artwork and other sale items ("lots") during live or timed auctions streamed on-line (an "auction"). We are auctioneers. We will exhibit or display the lots on our Site in advance of our auctions for previewing. We sell lots as agents for the artists or other sellers ("sellers") who ask us to sell the lots on their behalf.
2.2 These terms set out how you may bid for and purchase lots at our auctions, what we will do, what we won't do, and what you are obliged to do in relation to your purchase of products.
2.4 We offer lots for sale only at our auctions and during those auctions are acting as agents for sellers in selling their lots to bidders.
2.5 Bids are submitted to us by you either in advance see clause 7 below or during the auction itself. Bidding is enabled through software provided by Auctionary, which is the trading name of Bidpath Ltd, a company registered in England (number 08613187) with its registered office c/o Sagars Accountants Ltd Gresham House, 5-7 St. Pauls Street, Leeds, West Yorkshire, LS1 2JG ("Auctionary"). When you submit a bid at one of our auctions, you are offering to purchase a lot we are offering for sale as agent of a seller. If your bid is successful, you will be entering into a contract for the sale and purchase of the lot between you as buyer and us as agent of the seller.
2.6 When you participate in our live auctions you, agree to abide by these terms. These terms may be enforced by us as agent of sellers or by the sellers themselves.
2.7 In the case of disputes you must abide by any settlement procedures referred to in these terms.
2.8 You should read these terms carefully before bidding at our auctions as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. You will be asked to acknowledge your acceptance of these terms each time you participate in one of our auctions. If you do not agree with or accept any of these terms, you should not proceed.
2.9 Please note that we may update our terms from time to time, so if you revisit our Site at a later date and before you participate in any of our auctions you should check these terms again at that time to make sure you have seen the current version.
2.10 If you have any questions about our Site or these terms, including if you don't understand any part of these terms, please contact us:
2.10.1 by e-mail at firstname.lastname@example.org;
2.10.2 by telephone on +44 7780 563915; or
2.10.3 by post c/o Defacto Fd, Merlin House, Mossland Road, Glasgow, G52 5XZ.
2.11 Please note that our email and telephone facilities are not constantly monitored. However, we will endeavour to respond to you promptly.
2.12 Please also note that we may record calls and keep a record of correspondence to enable us to properly manage our Site, to deal with your query, and for quality and training purposes.
2.13 These terms are available only in English. No other languages will apply to these terms.
2.14 When using our Site you also agree to be legally bound by:
2.14.2 our Anti Money Laundering and Tax Evasion Policy located at https://www.exhibitauctions.co.uk/privacy-policy/.
Both of the above documents form part of these terms as though set out in full here.
3.1 Below, we set out how a legally binding contract is made between you and us.
3.2 Our Site sets out a date and time when live auctions are to be conducted or the date and time a timed auction will remain open for.
3.3 When you submit a bid to purchase a particular lot at one of our auctions, it constitutes an offer to buy that lot.
3.4 When the bidding on individual lots during one of our live auctions is finalised by the auctioneer either through the forceful fall of the hammer or verbally, a contract is concluded for the sale and purchase of the relevant lot between the highest bidder and us, as agent of the seller. The bid accepted by the auctioneer is the "bid price". That contract incorporates these terms, in so far as they apply to that sale and purchase. These terms take precedence over any other terms of that contract.
3.5 Once a contract is concluded by the auctioneer, it cannot be cancelled or terminated except as set out in the terms of that contact, or otherwise as permitted by applicable law.
3.6 If you are a successful bidder, we will send a confirmatory notification by email to the details set out in your account once an auction has been concluded ("post-auction notice"). Our post-auction notice will include an invoice setting out the sums due by you to complete your purchase. In the event that lots are being made available for collection, details will be set out in the post-auction notice. Postage and packaging costs will have been set out the auction details posted on our Site in advance of an auction.
3.7 We may cancel any contracts concluded for the sale or purchase of lots, at our discretion or refuse to accept a bid. This will generally be for the following reasons:
3.7.1 we cannot authorise your payments due to us;
3.7.2 the information given to us by you in your account is incorrect, or has become incorrect;
3.7.3 you are not allowed to purchase products through our Site;
3.7.4 you have failed to collect any lot made available for collection after a period of 30 days even where the bid price has been paid;
3.7.5 the auctioneer reasonably believes there has been a discrepancy relating to or dispute concerning an auction; or
3.7.6 we believe you may breach these terms.
3.8 Where we cancel a successful bid, the relevant lot may be offered (at our discretion) to the next highest bidder at the relevant auction.
3.9 If we cancel the contract under clauses 3.7.4, the bid price, less any storage costs incurred will be returned to you and the title in the lot will revert to the seller.
4 Age, territory and other restrictions
4.1 Our Site and attendance at auctions is open to persons over eighteen (18) years old. If you are under eighteen (18), please leave our Site immediately.
4.2 If you access the Site from locations outside the UK, you are responsible for compliance with local laws which relate to your accessing this Site, where they are applicable.
4.3 We may ask you for various information to allow us to verify your identity, age and entitlement to register with us, attend auctions and bid for lots, when registering to use our Site. Any information you provide in this respect must be true, accurate, correct and complete.
5.1 Delivery of lots shall take place either i) when you receive an item we have sent using our nominated mail service or courier, ii) when we place the item with a mail service or courier nominated by you or iii) when it is made available to you at the location for collection referred to the post-auction notice.
5.2 You are responsible for the lot you have purchased when delivery has taken place. In other words, the risk in the lot passes to you either when we place the item with the nominated mail service or courier or when it is made available to the buyer for collection.
5.3 Options to insure a lot you have purchased will be provided in the post-auction notice.
5.4 Title in any lot will not pass to a buyer until we have received the full payment of the bid price in cleared funds.
5.5 A seller is not obliged to release any lot to a buyer until payment of the bid price has been received by us and we reserve the right to require appropriate identification information relating to the buyer for anti-money laundering purposes before advising a seller that the lot may be released. You agree to provide such information when requested, as a condition to enable a sale to be completed.
6.1 In addition to postage and packaging costs, you may also be charged storage costs where you fail to collect any lot made available for collection within 7 days of the allotted time.
6.2 When registering for your account, you will be asked to provide details of your specified payment method for sums due to us. We use "Sagepay" (see www.opayo.com) which is a third party payment service provider to fulfil payments made by you.
6.3 Auctions are conducted in pounds sterling and any international buyer will be responsible for all exchange rate differences that may occur. We must receive the full amount due in pounds sterling to enable a sale to complete.
6.4 Through Sagepay, we accept the following credit cards and debit cards: Visa, Visa Debit and Mastercard. We also accept payment by direct transfer through the "BACS" payment clearing system.
6.5 The invoice you receive with the post-auction notice will be interactive. This will allow you either to use your specified credit card, another appropriate credit card or make a BACS payment. If you choose additional postage and packaging options, a further invoice will be issued to you.
6.7 Please ensure you have sufficient funds to meet any payment due to us, including any charges and the amount of any bid and delivery charges.
6.8 All payments by credit card or debit card need to be authorised by the relevant card issuer. Extra steps such as the following may also apply
6.8.1 Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/); and
6.8.2 Mastercard®SecureCodeTM (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html).
7 Making Bids in Advance
You may submit a bid for any lot in advance through our Site. Where you do so, you will be asked to set a maximum bid. The Auctionary software we use will automatically lodge additional bids for you in increments, further details of which are set out in our "How to Bid" page to ensure that you maintain the highest bid until your maximum bid is reached.
8.1 Before you make a bid you should have the lot(s) inspected on your behalf by a knowledgeable representative to ensure that you accept the description and condition of the lot(s).
8.2 The buyer is deemed to be satisfied with the condition of the lot(s) for which they are bidding.
8.3 By making a bid for a lot, each buyer acknowledges that they have satisfied themselves fully as to the attribution and condition of the lot.
8.4 In respect of pictures, it should be noted that these have not been removed from their frames unless specifically mentioned in the Condition Report.
9 Personal Data
10 General terms relating to our Site
10.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our Site.
10.2 Whilst we will try to make sure our Site is available and functions properly at all times, we do not guarantee that our Site will be available all the time, or at any particular time, that our Site will function properly, or that any functionality upon our Site will be available at all, or any, times. This includes during auctions. Further, we may suspend or terminate operation of the Site at any time if we deem it reasonable to do so.
10.3 While we try to make sure that our Site is accurate and up-to-date, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Whilst we make certain requirements as regards those exhibiting artwork or displaying other items for sale on our Site as regards the information they submit, we have not verified that information, and shall not be liable to any buyer for any error or misrepresentation in that information.
10.4 Where the Site allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person.
10.5 We may prevent or suspend your access to the Site if you do not comply, or we suspect you have not complied, with any part of these terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these terms.
10.6 If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered.
11 Our Interactive Facilities
The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and social networking features which may allow you to post, transmit or submit information. We may or may not actively monitor the information you submit via these services. As such, you may be exposed to content on these services that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable, and is not endorsed by us. Further, you should not post any information on these services from which you can be identified, as this may cause you risk, for example in relation to the receipt of unsolicited correspondence or identity impersonation. We may remove any of the information upon these services, or restrict your ability to use these services, as we see fit. Your use of these services is at your own risk.
12 Restrictions on Misuse
12.1 You must not misuse our Site. The following are examples of misuse:
12.1.1 using the Site for any improper, unlawful, or immoral purpose,
12.1.2 causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
12.1.3 using the Site to create, host, or transmit any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
12.1.4 using the Site to harm or attempt to harm other people (including children) in any way;
12.1.5 using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
12.1.6 using the Site to create, host, or transmit material which infringes the copyright, trade mark, patent, trade secret, privacy, right of publicity, or other rights of any other party;
12.1.7 using the Site to create, host, or transmit unsolicited advertising material to other users;
12.1.8 using the Site to create, host, or transmit any material that harasses another person;
12.1.9 using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
12.1.10 using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone's security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
12.1.11 using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
12.1.12 using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking; and/or
12.1.13 impersonating any person or entity or using a false name that you are not authorised to use.
13 Intellectual Property
13.1 This Site and all intellectual property in it is owned by us and our licensors or both (as applicable). Intellectual property includes the copyright in our Site, images, illustrations and written materials produced by or for us or an exhibiting artist, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration).
13.2 We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.
13.3 You have the right to access and use our Site to find out information about us and lots we are displaying for sale at an auction (and to bid for those lots), and subject always to these terms. Nothing in these terms or otherwise grants you any other right, title or interest in or to the Site.
13.4 Please note that your download, installation and use of software made available through our Site, such as Auctionary shall be subject to additional terms and conditions, which will be brought to your attention when accessing that software.
13.5 If you think any part of our Site, or anything available through our Site, infringes your rights, please contact us by e-mail at email@example.com. When contacting us please provide:
13.5.1 your address, telephone number, and email address;
13.5.2 description of the rights that you claim have been infringed;
13.5.3 a description of the alleged infringing activity;
13.5.4 a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
13.5.5 a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.
14.1 We may apply security measures and certain restrictions to our Site. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our Site, such as using VPN providers or the TOR browsers.
14.2 Our Site contains important notices (including intellectual property notices) including in particular in any digital rights or other security technology embedded or contained within the Site. You must not tamper with or remove any of these notices, including in any printout of our Site.
14.3 Communication via the Internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us.
14.4 Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our Site.
15 Third Party Sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site, not these terms.
16 End of the contract
If our contract with you is ended it will not affect our right to receive any money which you owe to us under the contract.
17 The Limits of our Liability
17.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable when you accessed our Site, for any secondary, indirect or consequential loss, cost, expense or damage, or for any loss, cost, expense or damage that was not caused by any breach of these terms or any duty on our part. Our Site is provided “as is,” and your use is at your own risk. We exclude to the fullest extent permitted by law, and except as expressly stated hereunder, any and all express and implied warranties, conditions, representations and guarantees.
17.2 What we say we will do, and what say we won't do, what we and will not guarantee, and what we recommend or require you to do, in these terms is therefore very important. Please read these terms carefully and let us know if you don't understand any point.
17.3 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; failure of any third party; restriction due to a public health concern; change in laws and compliance therewith; government action or compliance with any government guidance; or flood, fire, explosion or accident.
17.4 Further, except as explicitly set out in these terms, no person other than you, us (either as agent of a seller or for our own interests), sellers and Sagepay may enforce these terms.
These terms are dated March 9th, 2021. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time.
19.1 We will try to resolve any disputes with you quickly and efficiently.
19.2 If you are unhappy with us please contact us as soon as possible.
19.3 If you want to take court proceedings, the courts of Scotland will have jurisdiction in relation to these terms, and Scots law will apply to these terms.